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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 9140463 (3)City of F.`ort Collins Date: 06/26/2014 Vendor: 111360 GRAINGER INC 4531 INNOVATION DR FORT COLLINS CO 80525-3406 PURCHASE ORDER PO Number Page 9140463 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 06/26/2014 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. Line Description Quantity UOM Unit Price Extended Ordered Price s credit per email from 1 LOT EA 802.20 M.Warren 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from same canal local taxes- Our Exemption Number is 98-04502. Federal Excise Tax Exempliun Certificate of Registry 84-6000581 is registered with be Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samtts 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in mnsil, may he returned to you for credit and are not to he replaced except upon receipt of ssruen instructions from the City of Fort Collins. impecton. GOODS art subject m the Ciry of Fnct C.Ilms inspection on smear Final Acceptance. Receipt of the merchandise, services, or Imli inn in response a this rarer can reed, in submitted payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofail applicable national inspection pmceduro. Freight Tenth. Shipments most be FOB. City of Fort Collins, 100 Wand St., Fort Collins, CO 80522, unless omeMise specified on this order. If permission is given to prepay freight and charge separately, me original freight bill most accommum invoice. Additional cherees for nuking will not be accavid. Shipment Distance. Where man ifumrers have distributing points in mamm, pans of the country, shipmem is expected from the nearest distribution point to deduction, and excess freight will be deducted from 1m'oice when ship.,., are made firm greater distance. Permits. Seller shall proem at sellers sole cast all mousary pe.I., cenifcandi and licenses minimal by all applicable laws, regulations, au in -on and rules of the sane, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public authority havim,uishmum met the work Of vendor. Seller further agrees to had that City of Fort Collins hmaless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and regnimmena. Aulh nitahm n. All parties,, this contract agree than the apresentanots are, in fact bona fide and possess full and complete authority to bind said Metes. LIMITATION OF TERMS. This Pnmhwc Ogler expressly limits acceptance to fine terms and conditions stated herein at Earn and any suppleamotnry of additional arms and conditions annexed hereto or incorporated herein by refercnme. Any additional Or tGlTmem icmns nod conditions proposed by seller me objected to and hereby relevant. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately if you cannot make complete shipment to arrive on your promised delivery dam as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the random order and the documents attached harem. No ac6 of the Purchasers including, without limitation acceptance of parrial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and evmlable readies, the .,Ron mQuacing this order elsewhere and holding the Seller liable for damages. Ilow eveo the Seller shall tat he liable for damages as a result of delays due to causes not reasonably 6raetable which am beyond its reasonable central and without its fault of negligence, such ac, of God, sea ofcivil or military authorities, governmental prioities, fires, strikes, flood, epidetrtin, wars or riots provided that nonce of the Conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therm[ In rise event of any such delay, the date of delivery shall be extent d for the penal equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, critics, materials and work covered by this carer will conf with applicable drawings, specifications. samples and/or other descriptions given. will he fit for the purposes inteded. ad pew tad with the highest degree of care end competence in acmfdance with accepted standard far work of a imilm nail .The Seller agrees 1. hold the pumhaur hamrless form any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shill replace, repair or make good, without cost to the purchmeq my defects or faults arising within one (1) year or within such longer proud of mOur as may he prescribed ts by law or by the teaArmy applicable wamanry provided by the Seller their the dam of azceptance of the goods famished hereunder (acceptance not to be uncesombly delayed), resulting must imperfect of detective work done or materials fumishd by the Seller. Acceptance of case of goods by the Purchaser shall Out constitute a waiver of any claim under this warranty. Except. otherwise provided in this purchase order, be Sellers liability hereunder shall extend to ill damn,. ruminantly caused by the breach Af any of the foregoing warrant cs or promotes, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes ,, the terns, other than legal terms, including additions to or deletions from the gitanf uca originally ordered in the speci licaions or drawings, by verbal or written change order. If any such change affects the amount due or the time Of performance herenndec an equitable adjutment shell be made. 6.'1'ERMINATIONS. The Purchaser may at any time by written change omen, arm ainc this agreement as to any or all porticos orchid goods then not shipped, subject to any equitable adjustment between had parties as to any work or materials than in ,ogress pmvided that the Purchaser shill 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 he made in favor of the Seller with respect to any good which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as 1a any Good delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termiwams is ordered. 8. COMPLIANCE WIl'H LAW. The Seller warren, that all goods mid heaunder shall have been produced, sold, delivered and f ishd in strict compliance with all applicable laws and regulations to which The good are subject. The Seller shall exam and deliver such documents w may be inspired a client of evidence compliance. All laws and regulations morainal a he ncorporatd in agreemea, of this chamfer are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold Ne Purchuef families fmm all cos, and damages suRertd by the Purchaser as a result of the Sellers f dum in comply with such law. 9. ASSIGNMENT. Neither pay shall nssign, trarufer, or coney this order, or any monies due or to become due Maunder without the poor "on consent oftbe other pay. 10. TITLE. The Seller warran, full, clear and unrestricted title to the Purchaser for all entailment, fiuleials, and now fumishd in perfomt a of this agreement free and clear of any and all liens, restrictions, mmse ervatio, cuiry interest encumbrances and claims ofolhers. It. NON WAI V ER. Failure of the Purchaser to insist upon shin performance of the toms and conditions hereof, failure or delay to exercisy rights or readies pmvided herew in or by h, failure to radio ly notify the Seller in the rent of a breacheanthe acceptance of or payment for goods haeundr or approval of the design, shall not remove the Seller of any of the wprrantio or efligmiom of this purchase order and shall rat be deemed a waiver of any right of the purcbasenn insist upon strict Performance hereof or any of its rights or readies w to any such good, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, Our shall any purported oral modification or rescission of this m relsom order by the Purchaser opiate as a waiver of any of the temp hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser reeogniu that in actual a no is preotice, m'afchmga reading from antitrust violation arc in fuel home by the Patrician. Thereafore, fat good Cause and as cansidention fat executing this purchase audit, the Seller hereby assigns to the Purchaser any and all claims it may row have or Immure, acquired under federal or state communist laws for such overcharges, reining in the Particular goods or suniees purchased or acquired by the Purthaser pursuant m this purchase oiler. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date as be agreed upon by the Purchaser and the Seller, and the Sellmbareafier indicates ins inability or unwillingness to comply, the Purchaser may cause the work to he performed by the most expeditious mesas available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its connector, of any lief 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 parry released and shall extend to the directors, racers and employees ofsuch piny. The Super's amtrannd "Ink"iotrs, including werramy, shall not be deemed to be reduced, in any way, because such work is performed of caused to be performed by the Purchaser. 14. PATENT S. Whenever the Seller is naval o sl to use any design, device, material or process covered by letter, pnlad, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnity the Purchaser far any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either picture for the Purchaser the right to continue using said equipaem or parts, replace the same with substantially equal but noninfrin,ing equipment, or modify it so it becomes mainufringin,. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpecty or bmimss, this order may fuMwim be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tents over of the interpretation ofthe agreement aM the rights of all Factors hereunder shall be construed under and governed by rise laws of the Stale ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the services of Sellers Reprtsommive(s), on the premises ofoWers. ❑. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellds own risk writ the same is fully complete and azcepid, and shall, in am of any accident, destruction or injury ro the work mNAr controls before Sellers final completion and acceptance, complete the work at Sellds own expense and in the satisfaction of the Purchaser. When nutmals and equipment are fumishd by others for condition or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such comma is and/or egad mom were being famished by the Seller under the oNer. 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 with the work covered by this purchase oNer, antUm to their dependents in accordance with the laws of the state in which the work is m be done. The Seller shall Man, carry comprehensive general liability including, but not I mild to, contredual and automobile public liability insurance will) bodily injury and death limits of an least S30g0e6 for any one person, $500,000 for any amaccident and prapeny linage limit Per accident of 5400,000. The Seller shall likewise require his actors, irony, to provide for such compensation and Insurance. Before any of the Sellers or his contractors emplayces shall do any work upon Om premises crashes, the Seller shall famish the Purchaser with a certificate that such c mpewatinn and asumman, have been provided. Such cenificates shall specify the date when such compensation and insurance have been provided. Such edifica ds shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby, .,..as the ,mire respomibilily and liability for any and all damage, loss or injury ofany kind or ware whatmever to persons or propmy caused by Or reading from the execution arms work provided for in this purchase oNer or in connection herewith. The Seller will indemnify and hold broadens 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 b which the Purchaser may be put or subject by reason of any act, notion, neglect, omission or dethult can the pm of the Sella, any of his commnors, or any of the Sellers or contractors offlum, agents An employees. in case my suit or other proceedings &ball he brought against the Purchaser, or its Officers, ages, or employees at my time on azcount or by reason of my ask action, neglect, omission or default of the Seller of my of his contractors or my of its of their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense therm' and to defend me same at me Sellers awn expense, to pay any ad all car,, changes, ammmrys fees mad after expenses, any and all judgmen, that may be incurred by or obtained against the Pumbaser or my of its or their offiders. agents m employees in such suits or other proceedings, and in aces, judgment of other than he placed upon or obtained against the pmledy of me Purchaser, or said parties in or as a malt ofsuch suits or other proceedings. the Sella will at once cause the same to be dissolved aM discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, Pomish and install all goad necessary for the precaution of accidents, comply wins all lows and mgulairs. wins regard a. softy including, but within., Iimhation, Nc Occupational Safety and Health Act of 1970 and all ales sod regulations issued Forward mere.. Revised (UnOW