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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 3214194 (2)Fort Collins Date: 09/16/2014 Vendor: 111360 GRAINGER INC 4531 INNOVATION DR FORT COLLINS CO 80525-3406 PURCHASE ORDER PO Number Page 3214194 1012 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/02/2014 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 Ordered Unit Price Extended Price z Addendum to PO 1 LOT LS 20,000.00 Light and Power 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.mm Pay terms net 30 days 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. Dy statute the City of Fon Collins a exempt form state and local facts. Om Exemption Numba is 98-IY15022 Federal Exam Tax Exemption Certificate of Registry 84.6000580 is mgi marl with the Collector of Internal Revenue, Denver, Coloredo (Ref. Colorado Revised Samna 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS RMECTED due to failure to meet spaifiatiom, either what shipped or doe to defects of damage in eanfin, may be returned to you for cetht and are not to be replaced except upon receipt of canto handedness form the City of Fall Collins. hersation. GOODS arc subject to the City of Far Collins inspection m anival. Final Acceptance. Receipt of the merchandise, services or equipment in spume to this order can moult in authorized payment on the pan of the City of Fall Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required impec mis procedure. Freight Tents. Shipments most be F.O T. City of Fon Collins, 900 Wood St, firm Collins, CO 80522, unless otherwise specified on this order. If permission is given 1. prepay freight end charge separately, the original ftmi f t bill must accompany invoice, Additional charges for packing will not be accepted, Shipment Distance. Where manufacturers have distributing points in ore pans of the country, shipment is expected form file nearest distribution prim to destination, and excess freight will be deduard form Invoice when shipments are made form greater distance. Petmib. Sella shall procure at sellers sole cost rill marry permits, cenifical. and licemrs required by all applicable taus, regulations, ordinances and rates of the sate, municipality, lenitory or pulitial subdivision where the work is performed, or required by any other duly constiwted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins bared. firm and againn all Boundary and lass incurred by them by reason of an asserted or estabtishN violation of any such laws, reguladom, oNhances, roles andrequiremens. Authonratim. All parties to this contract agree that the representatives ere, in fact, bona fide road possess full and complete authority b bind said pantie. LIMITATION OF TERMS. This Purchase Order expressly limits tweept. to the terms and conditions sated herein sal ford wd any supplemenary or additional tams and conditima annexed hereto or incorporated herein by reference. Any odditioral or dubreatat. and crachu na proposed by seller arc objened m and hereby Fated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arise oa your promised delivery date as noted. Time is of the essence. Delivery and Performance must be effemed within the time stated on the purchase order and the documents attached herem. No acts of the Purchases including, without limitation, acceptance of partial late deliveries, shall memse a a waiver of this provision. In the event of any delay, the Purchaser shall Lave, in addition 1w other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. How'act, the Seller shall not m liable for do.,. as a result of delays due to causes not ma,mrbly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofdvil or military authonties, gw'emmrfuld priorities, fires, strikes, flood, epidemics, wars or dots 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 thereof In life event of any such delay, the date of delivery shall be extended for the petted equal a the time wriandly Imt by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples =War other dacnprions given, will be fit for the purposes intended, and Performed with the highest degree of core and competence in acwNance wit accepted standard for work of a similar in. The Sella agrees to hold the pumbaser hzrmless form any Imo, damage or expeme which the Purchaser may suffer or incur, on account of the Sellers breach of wamartty. The Seller shall replace, repair or make goad, without mono the purchaser, any defects or faults ansing within one (1) year a within such longer period of time is may be prownbal by Lew or by the tends ofany applimble warranty provided by the Seller am, the dart of captancc of the goads furnished hereenda (acceptance not to be umcawnably delayed), parking from imperial or defective work done or materials maintained by the Seller. Acceptance or use of gaol by red Purehasa shall not mwtiatc a waiver of any claim under this warmly. Except so otherwise provided in this purchase other, the Sellers liability hereunder shall extend m all damages pmximmely aused by the beach of any of the foregoing warmntia or guarantees, but such hall iry 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 forms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written drnnge 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 order, terminate this agreement m to any a all ponians urine goods then non shipped, subject to any equitable adjustment between life parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for sa ticipztal profs on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve file Purchsses or the Seller army of their obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assered within form (30) days form the date the change ar traditional is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have Floyd pmdrred, sold, delivered and famished in strict compliance with all applicable laws aM regulations to which file goad are subject. The Seller shall execute and deliver such documents re may be requital to effect M evidence compliance. All Iaxs and regulations original to he arrpomted in agreements of this character are hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser of a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, or any mania due or to become due hereunder without rife ,no, written camcm of the other patty. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, tomes als, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reervitiom, semriy interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon stnd perfonnanre of the it. and conditions hereof, failure or delay fw any rights m remedies provided heroin or by law, failure to promptly notify Be Seller in the event of is breach, the acceptance arm payment for gowi hereunder or approval ofthe design, shell not release the Seller of any of the warranties or obligations of this purchase under and shall not be deemed a waiver of any right of the Purchaser to insist upon suict performance hereafor any of its rights or remalies as to any such goods, regardless of whim shipped, received at accepted, as to any poor or subsrynent default hereunder, nor shall any purported oral modification or essission of this purchase order by the Purchaser mature as a waiver of any of the nano tracer. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchases recognize that in action economic practice, overcharges resulting form antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for ramming this purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter residual under federal or sate antitrust laws for such ovaidem,as relating to the po teadar goods or services Purchased or acquired by the Purchaser pursuant at his purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller 1r Courtin nonconforming or defective goods by a date to be agreed upon by file Purchaser and the Seller, and the Seller theea0er indicates its inability or unwillingness to comply, the Purchaser may cause the work to be, performal by the at expeditious means 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 tier from all liability and claims of any future resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRcers arW employees of such Party. The Sellers contmmczl obligations, including warranty, shall not be dreamed to be reduced, in any way, because such work is perforated or caused to h performed by de Purchaser. 14, PATENS. Nquolaer tine Sella is mulched to use any design, device, material a process covered by lemer, patent amdemark or copyright the Seller shall indemnify and save harmless the Purchaser tram any and all claims for infringement by reason of file use of such patented design, device, mmerial or process in connection with the contract and shall indemnify the Purchaser for my 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 came 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 awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or prime neplace the same with substantially equal but reaffirming equipment, or modify it so it becomes naninfnaging. 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 property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition¢ oftems coal or the imerprtation of the agreement and the rights fluff patties hereunder shall be convinced under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is in Bedroom work hertuMcr, including the services of Sellars Repeunaaive(s), on the premises oforle rs. II. SELLERS RESPONSIBILITY. _ The Seller shall carry en said work at Slithers own risk until the same is Billy completed and accepted, and shall, no ease of any acddent destruction or injury to the walk smdtor froderials before Sellers final completion and accemaace, complete Be work in Sellers run expense and on the smisfaidim of the Functional. When materials and equipmml art famished by milers for immtional ar acmion by the Sella, the Sella shall receive, unlpad, start and handle same m the life and become faponsble therefor ces though such ...I, amVor equip rail were being Birtlshed by the Seller miler the odder. 18. INSURANCE. The Sella shall, at his own eaperoe, provide for the payment of workers compras ular, including accuperional disease benefits, an its employees employed on or in connection wnh the work covered by this purchase order, and/or to their dependents in accordance with the laws of the stain is which the work is to be done. The Sclles shall also carry comprehensive general lirbil it, including, but not limited to, connection and automobile public liability insurance with bodily Injury and dath limits of at least $300,000 for any one person, $500,000 For any one accident and propmy damage limit per accident of S400,000. The Seller shall likewise require his m rraw., if any, to pmvidc for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Bimish 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 cenificmes shall specify the date when such compensation and volumes expires. The Seller agmes that such campemmion and insurance shall be, maintained ..,it it,, an. wml: is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Bar code responsibility and limitary for any used all damage, loss ar injury ofany kind or ammo whatsoever to permm or roman, caused by a resulting form the exemtion of the work provided for in this purchase wade or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any a all of the Purchasers officers. .germ oral employees form and agaimf any and all claims, lossq damages, charges or expemes, whether direct or indirect, and whether to persons or pnryary to which the Purchaser may he at or subject by reason of my act action, ..ghat omission or default on the and of the Seller, any of his corrosion. or any of the Sellers or aintractom officers, agents or employees. In au any suit or other preveadings shall he brought against life Purchaser, or its officers, again or employees at way time on account or by mason of any rot ration, neglect omission or default of file Seller of any of his contractors many of its or their oficers, agents m employers a aforesaid the Seller hereby agrees to assume the defense thereof and to defend the stone at the Sellers own cape., fo pay any and all costs, cludgm, formays fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchases or any of is or their officers, agents or employees in such suits or other proceedings, and in au judgment or other lien be placed upon or obtained against life progeny of the Purchaser, or said parties in or re a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and insult all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all roles and regulations issued pursuanTthereto. Revised 022014