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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 9140643Fort Collins PURCHASE ORDER PO Number Page 9140463 1of2 This number must appear on all invoices, packing sli s and labels. Date: 05/13/2014 / Vendor: 111360 Ship To: DRAKE WATER RECLAMATION GRAINGER INC CITY OF FORT COLLINS/' - 4531 INNOVATION DR 3036 ENVIRONMENTAL�DRIVE FORT COLLINS CO 80525-3406 FORT COLLINS CO'80525 Delivery Date: 05/13/2014 X Buyer: PAT JOHNSON Note: This Purchase Order is for the procurement of goods and/or services, as needed during the current calendar year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of such goods and/or services. i Line Description / Quantity UOM Unit Price Extended Ordered Price 5 Addendum to add addtll funds per requisition 47345 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 1 LOT EA 3,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and CandiBOBS Page 2 of 2 1. COMMERCIAL DETAILS. Tox exemption. BY.. the City of Fwt Collins is exempt ( worried local taxes. Do, Exemption Number is I L NONWAIVER. 98-01502. Fedewl Excise Tax Exemption Certificate of Registry 84 600o587 is registered with the Collector. of Failure of the Pmchuer to insist upon coact performance of the to. and conditions herenf, fallow or delay,. Internal Revenue, Denver, Colorado (Ref. Colorado Revised Salutes 1973, Chapter 39 26,114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Sella in Nc event ova breach, the acceptance of or payment for goods hereunder or approval of the design, shall not rtleue the Sella of Goods Rejeard. GOODS REJECTED due to failure,. .,or speci ficatimn, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my rigid of the damage in transit, may be rearmed w you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance here rfor any of its rights or remedies as 1. any such goods, regardless instructions from the City of Tom Collin. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported Coil modification or rescission of this purchase order by the ParcMser operate as a waiver of any oldie terms Impa,im. GOODS are subject to the City of Fon Collins interaction oa mrivaL hereof. Final Acceptance. Receipt of the merchurat services m equipment in response 10 this order Can until in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorimd payment an the pan of the City of Fiat Collins. However, it a to be mderstood that FINAL Sella aid the Producer minimize that in actual economic pmcuce, manchargn resulting from another ACCEPTANCE is dependent upon completion ofall =placable required inpection procedures. violations are in fact berme by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight To., Shipments must be F.O.D., City of Fon Collins. 700 Wood St, ran Collins, CO 80522, unless acquired under barred or state antionst laws for such overcharges relating to the panicular good err services otherwise specified on this order. If permission is given to prepay fight and charge ,.rely, he original freight purchased or acquired by the Purchaser pursuant to this purchav, order. bill must accompany invoice. Additional chances for rocking will not be accepted. Shipment Distance. Where manufiuluras have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destinarioo, and excess bright will It deducted from Invoice when shipments are made from Greater distance. Permits. Seller shall procure at sellers sole cast all necessary p rrits, certificates and liana. required by all applicable laws, regulations, oNiwnces and roles of Ne came, municipality, aramory or political subdivision where the work is performed or required by my other duly Conlimmd public aohomy having jurisdiction over the .,it of vendor. Sella further ogees an hold the City of Fon Collins hopeless from and against all liability and lass incurred by them by reeson of an asserted or established ambition of any such lows, regulations, ordina ea, roles and requirements. Authorization. All parties to this contract agree that the representatives art, in fact, bona fide and possess full and complete authority to bind said pushes. LIMITATION OF TERMS. 'Bars Purchase Order expressly limits weeptame to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or itinerant terms and conditions proposed by seller are objected to and hereby jectcd. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENTimmedhml, if you cannot make complete shipment m arrive on your Promised delivery date is, noted. Time is of the awrnmc. Delivery and performance most h effected within the time stated on the purchase order and the documents aftftere ed hereto. No acts of the Purchasers including, without limitation, acceptance ofpvtial late deliveries, shall operate in a waiver of Nis provision. In the event of any delay, ,he Purchases shall have, in addition 10 other legal and equitable remedies, the option ofplacmg this order elsewhere and holding the Self liable for damages. However, the Seller shall not be liable for damages ox a result of delays due to causes not remombly foreseeable which are beyond its reasonable control and without its fault of negligence, such ads of God, aces ofeivil or military authorities, governmental priorities, rims, stnlzs, flood, epidemics, was or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by ¢awn argue delay. 3. WARRANTY. The Sella w plarm that all good, articles, materials and work Covered by this order will conform with applicable drawings, specifications, samples =Nor other descriptions given, will be fit for the purpous intmdd, and performed with the highest degree of care and competence in accordance with accepted commands for work of a similar nower. The Seller agrees 1. hold the rachow, becmles, from any loss, damage or expose which On, Purchaser nay suffer or incur on account of the Seller breach of wasurri The Seller shall replace, repair or make good, without cast to the purchaser, any defects., faults arising within one (I) year or within such longer Ported of time u may be presented by law or by the terms of my applicable warranty provided by the Sella after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goads by the Purchaser shall not continue a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing w.mamies or Someo ees, but such liability shall in no went include loss of pmfls a, loss of on, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may nuke changes to legal tee by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other Dan legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change osier, temninam this agreement w to any or all portions of the goods then not shipped, subject to any equitable adjustment between the patties m to any work or materials then in progress Provided flat die Purchaser shall of be liable for my claims for anticipated Profits on the uncompleted Portion mthe good CoNor work, for incidental or canmtrartial damages, and that an such adjustment be made in f ter of flue Seller with respal to any gods which are the Sellers standard stock. No such mtmmotima shall wliwe the Purchaser or the Seller of any order, obligations as to any god delivered hereunder I. CLAIMS FOR ADJUSTMENT. Any claim for .djntment most be asserted within thing DOB days firm he date the change or nomination u ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all god sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good we subject The Sella shall execute and deliver such documents on, nay be required to effect or evidence compliance. All laws and regulation required to be unwounded in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and bold the Purchases lamtless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failme to Comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmnrr, or convey this order, or any monies due or to became due hereunder without the prior women canent argue other party. 10. TITLE. The Sella warns bill, clear and unmrided title to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and clear of any and all liens, restriction, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dam I. be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness 10 comply, the Purchaser may cans. the work 10 be performed by the most expeditious ..arts available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the performance.fsuch work. This colour, shall apply even in the event of fault of negligence of the party relward and shall extend to the Characters, officers and employees ofsuch party. The Sellers eontezewol obligations, including wmranty, shall not be deemed to be reduced, in any way, because such work is performed or caused,. be performed by the Purchaser. 14. PATENTS. Whenever toe Seller is required to use any design, box ice, material or process covered by loner, patent, trademark or copyright, the Seller shall indemnify and save homeless the Purchaser from my and all dnims far infringement by reauon of the use of such patented design, device, material or process in Connection with the commd and shall indemnify the Purchaser far any cas, expense of damage which 11 maybe obliged to pay by reason of such inGngement m any time during the presentation or after the Completion of the work. In case said equipment, or any pan thereof or the Intended ow of the goods, is In such suit held to xmmfimle inMngement anal the Cam of said equipmeat or Ws is mpurd, the Sella shall, at its own expert¢ end . its .,lion, either pmcuw for for purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent ar bankrupt. make as assignment far the bereft of creditors, appoint a receiver or trustee for any of the Seller properly or business, this order may forthwith be canceled by fie Facedownwithout liability. 16, GOVERNING LAW. The definifims of forms used or the interpretation of the agreement and the rights ofall parties homm des shall be Conwed under and governed by the laws ofthe State of Colorado, USA. The following Additional CoMivam apply only in cues where the Self is to perform work hereunder. including the senica.f5ellers Repexamorive(s), on Ne premises of.darn. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work ampor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment art famished by others far installation or artesian by the Seller, the Seller shall receive, .[.ad, stare and handle same at the site and became responsible therefor as though such materials mdier equipment were being finished by the Seller order the order. I& INSURANCE. The Seller shall, at his own expenx, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with Ne wank covered by this purebaw order. .Nor to their drmadents in accordance with the laws of Ne state in which the work is N be done. The Seller shall also carry compmhenive general liability including, but not limited to, continental and automobile public liability insurance with bodily injury and dmth limits of at least 8300,000 for any one Person, S500,000 for any one accident and property damage limit per accident of 8400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and inumace. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish me Purchase, with a certificate that such compenmime and in warka have been provided. Such certificates shall specify the date when such compensation and iuumnce have been provided. Such cesificmes shall specify the date when such Compensation and insurance expires. The Sella "es that such compensation =d insurance shall be maintained until after the entire work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby usumcs the entire responLiliry and liability for any aid all damage, loss or injury army find or nature whosoever to person or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and hold hmmless the Purchaser and my r .11 of the Purchasers Critters, .par, and employees from and against any and .11 claimer, fosses, damages, charges or expeames, whether direct or indirect, and whether to persons or property in which the Purchaser may be put of subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his omraztee , or any of the Sellers or commators orison, agents or employees. In case any suit or other proceedings shall be brought against the Parchsser. or its officers, age¢ or employees at any time on account or by reams of any net, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employers as aforesaid, Ne Sella hereby agrees to assume the defense thercof and 10 defend the same at Ne Sellers own expense, to Pay any and all costs, changes, anki f and other eapeues, any =d all judgments that may be iacuned by an abmimd against the Pmchasee or my of its an their officers, agents of employees in such suits or other proceedings, and in cave, judgment or other lim be placed upon or obtained againt the proper, ofthe Purchaser, or said panics in ar as a.11 of such or. or other proceedings, the Sella will in once cause the same to be dissolved and discharged by giving band or otherwise. The Sella =d his contractors shall take all safety precautions, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without lmanuon, the Occupational Safety and Health As, of 1970 and all Coles and regulation issued personal thereto. Revised 03R010