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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 9120082PURCHASE ORDER PO Number Page City Of 9120082 ' °f s `t his number must appear Collins�7 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 111360 Ship To: FLEET SERVICES - MAIN SHOP GRAINGER INC CITY OF FORT COLLINS 4531 INNOVATION DR 835 WOOD ST FORT COLLINS Colorado 80525-3406 FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 4,000.00 cover the cost of miscellaneous parts for fiscal year 2012. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Shop Supplies - Wood 1 LOT LS 700.00 3 Shop Supplies - Streets 1 LOT LS 150.00 4 Credit 1 LOT LS -500.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City. Of 9120082 z of s Collins This number must appear C6rt ,t—J`'- ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $4,350.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is IL NON WAIVER. 98-0450'_. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure office Purchaser to insist upon strict performance ofthe terns and conditions havoL, failure or delay to Internal Revenue, Denver, Colorado (Ref: Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly amity the Seller in the event ofit breads the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specificatioro, either wben shipped or due to defects of any of the xanalues or obligations of this purchase order and shall not be deemed a waiver orally right ofthe carnage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of is rights or remedies ss to any such goods, regardless instructions from the City of Fall Collins. of when shipped, received or accepted, as m any prior or anthO quart default hereunder, nor shall any purpon d oral modification or rewc iota of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fon Collins inspection on ainvul. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofalt applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter freight Terms. Shipments mast be F.O.B., City of Fort Collins, 700 Wood St, Fair Collins, CO 80522, unless acquired under federal or state antitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase older. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to cancer ounconfntiong or defective goods by a date to be agreed upon by the expected tram the nearest distribution point to destination, and excess freight twill be deducted from Invoice when Purchaser and the Scllcr, mod the Sella thereafter indicates is inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, continuous and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vandal. Seller handle, agrees m hold rho City of Fort Collins hamdcss from and against all liability and loss incurred by Then by reason of an asserted or cembl ished violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stumd herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time rated on the purchase order and the docunens attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision, In the event orally delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due m causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts quiat or military authorities, govermnemal priorities, fires, strikes, flood, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof In tInc event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wan'ants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, surplus and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. I'he Seller agnns Ira hold the purchaser harmless front any loss, damage or expense which the Purchaser may surfer or incur on account ofthe Sellers breach of warmnry. The Seller shall replace, repair or nmke good, without cast to the purchaser, any detects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the toms orally applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasa ably delayed), resulting from imperfect or defective wars done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamanry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach orally of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprotits or loss of au. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal toms, including additions m or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpcominmee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this movement as to any or all ponies of the goods then not shipped, subject to any equitable udjusnncnt between the panics as to any wurk or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any .it, which are the Sellers standard stock. No such temdrwtion shall relieve the Purchaser or the Sella of any of their obligations as to any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. 'the Seller agrees to indemnify and hold the Purchusa harmless from all cents and damages suffered by the Purchaser as a result office Scllcr failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any aunties due or to become due hereunder without the prior winner, consent ofthe other party. 10. TITLE. The Seller wannues full, clear and unrestricted fide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, r"trictions, town ounces, security intcnst encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, oifcors and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lata, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason office use of such patented design, device, material or process in connection with the contract, and shall indcnmify file Purchaser factory cost, expense or damage which it may tie obliged to pay by reason ofsuch infringement at any time during the prosecution or after the complaion of the work. In case said equipment, or any pail thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially almd but noninfringing equipment, or modify it so it becomes noninfringing. 15ANSOLVENCY. If the Scllcr shall become insolvent or bankrupt, make un assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofternis used or the interpretation ofthe agreement and the rights of all panics hereunder shall be constmed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hercundcr, including the services of Sellers Represenmtivas), on the premises ofmhers. 17. SELLERS RESPONSIBILITY. 'the Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by ere Seller, the Seller shall receive, unload, store and handle scone at the site and been c responsible therefor as though such materials and/or equipment wen being furnished by the Scllcr under the order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection faith the work covered by this purchase order, and/or m their dependents in accordance with the laws of the state in which the work is to be dune. The Seller shall also carry comprehensive general liability including, but not limited to, con, mcmal and automobile public liability insurance with bodily injury and dead, linos of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. "tile Sella shall likewise require his contractors, Wary, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the promises ofofhers, the Sellershall furnish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such coniferous shall specify the date when such compensation and insurance expires. 1'he Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PRO I'ECIION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any land all damage, loss or injury ofany kind or nature wlmlsoevcr to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indcnmify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which file Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, age to or employees. In case any suit or other proceedings shut be brought against The Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his connectors or any of its or their officers, agents or employees as aforesaid, the Seller hereby apices to assume the defense thereof and to detcnd the same at the Sellers own expense, to pay any and aircosts, charges, attorneys fees and other expenses, oily and all judgments that may be incumal by or obtained against the Purchaser or any of is or their officers, agents or employees in such suits or other pmccalings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the saute to be dissolved and discharged by giving bond or otherwise. The Seller and Ili, amocams shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply will) all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010