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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 3215217Fort Collins Date: 01/12/2015 Vendor: 111360 GRAINGER INC 4531 INNOVATION DR FORT COLLINS CO 80525-3406 PURCHASE ORDER PO Number Page 3215217 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 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 1 2015 BLANKET ORDER Miscellaneous Supplies 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 LS Total Pay terms net 30 days Invoice Address: 25,000.00 9I111111I11 City of Fort Collins Accounting Department PO Box 680 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COM RCIA DUAIL Tax exemptions. By statute the City ripen Collins is exempt from more and level taxes. Our Exemption Number is I I. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay 0 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 notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure m meet specifications, 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 any right of the damage in transit, may be returned to you for credit and are not m be replaced except upon receipt of women purchaser to insist upon strict performance hererfor any of its rights or remedies as to any such goods, regardless instructions from the City of Pon Collins. of when shipped, received or amepta i, as to my prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City ofFort Collins inspection on anivd. hereof Final Accegoice. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhodaed payment on the pan of the City of Fort Collins. However, it is to be undemtwd that FINAL Seller and the Purchaser ravel than in were eve an is practice, overcharges resulting from titrust ACCEPTANCEisdependem upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser, Theretofrrefor rgood cause and to consideration for executing Nis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.0 B., City of Fort Collins, 700 Wood St, Fort Collins, CO 20522, unless acquired under federal or stale minimal 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 order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disrrecting points in various pans of the coma. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a doe rat be agreed upon by the expected from the nearest distribution in, to dionme on, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distancemay cause the work No be ped'ormed by the most expectations mew available to it and rise Seller shall pay ill costs associated with such work. Permits. Seller shall procure at sellers side cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ardiumnces and miss of the state, municipality, terrimry or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and requirement. Authodulion. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Putchaze Order expressly It.. acceptance to the arms and conditions stated herein set feed and my supplementary or additional terms and cendltions acme al hereto or incoryoroed herein by reference. Any additional or differenuerms and wndimans proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m move on your promised delivery date as noted. Time is of the essence Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No yeas of the Purchasers including, without limitation, acceptance of partial latedeliveries, shall operate as a waver of this provision. In the event ofany delay, the Purchaser shall have. in addition to other legal and equitable remedies, the When of placing this order elsewhere and holding the Seller liable for damages. However, the Seller she not he liable for damage as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God acts of civil or military authorities, governments! provides, fires, mikes, flood epidemics, wars or riots provided sear notice of the conditions sousing such delay is given to the Purchaser within five (5) days of the time when the Seller fired received knowledge thereof In the event of my such delay, the date of delivery shall be, extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample amber 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 were of a similar namre. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach a warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of some as may be precnbed by law or by the terms of my applicable wzrranry provided by the Seller after the doe of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of my clam coder this warranty. Except as otherwise provided in this purchase order, the Sellers liability herewder shall extend to all damages proximately caused by the breach of my of the foregoing wammdes or guarantees, bra such liability shall in no event include loss of profs 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 change to legal teram by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may more my changes to the terms, other thin legal terms, including addemans to or deleo ns from the quammics originally ordered in the specifications or drawing, by verbal or wnnm change order. If my such change affects the amount due or the time of performance hereunder, of equitable adjustment shall be made. 6 TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the grads then not shipped, subject to any equitable adjustment between the pmies as to my work or matenals then in progress provided that the Purchaser out not be liable for any claims for anticipated po fits on the uncompleted Panama of the goods and/or work, for incidental or consequential damages, and that no such adjusterant be made in favor of the Seller with respect to my goods which are rise Sellers standard stock. No such termination shall relieve the purchaser or the Seller of my of their obligations as to my goods delivered hereunder, ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be onened within Ihirry (30) days from the daze rise charge or termination is ordered 8. COMPLIANCE WITH LAW. The Seller wanmts 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 are subject. The Seller shall execute and deliver such documents as may be required of 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 Purchaser harmless from all costs and damage suffered by the Puchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall asrgn, transfer, or convey this order, or my monies due or to become due hereunder without the prior earthen consent of the other pang. 10 TITLE. The Sel lei warrmts full, clear ard omemncted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Forefoot and its contractors of my der from all liability and claims of my nature 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, officers and employees of such parry. The Sellers connoted obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. WTanever the Seller is required so use any design, device, .,memo or process covered by lens, parent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, materiel 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 suep infringement as my time during the prosecution or after the completion of the work. In case said equipment, or my pm 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 Seller shall, at its own expense and at its option, either procure for the Purchaser the right m continue using said equipment or pans, replace the same with substantially equal but noninMnging equipment, or modify it so it becomes norunfdnging. I s. INSOLVENCY. If the Seller shall become insolvent or bankrupt make m assignment for the bereft of creditors. Vitro., a raceiver or more, for any of the Sellers property or business, this order may forthwith be urealed by the Purchaser without liability. 16. GOVERMNGLAW The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA, The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repos seneztiva(a), on the premise ofothers. 17. SELLERS RESPONSIBILFCY. The Seller shall carry on tied work at Sellers own disk soul the same is fully completed and accepted, and shall, n case of my accident, desemetion or injury to the work murder materials before Sellers final completion and acceprmce, complete the work at Sellers awn expense and so the sati ifirenon of the Purchaser. When materials and equipment are fumizhed by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though and matedds ari equipment were being fumizhed by the Seller under the order. I8. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease banef ¢, rat its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in mcordmce with the laws of the state in Mich the work is to be done. The Seller shall also many, comprehensive general liability including, bur not limited to, contractual and automobile public liability insurance with bodily injury and death limits of ar least 3300,000 for any one person S5M,000 for my one accident and property, damage limit per accident of 1400.(r The Seller shatll likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certi ficare that such compensation and insurance have been provided. Such certificates shall specify the data when such ompensation andinsurmce have been provided. Such certificates shall specify the date whun such compensation and in expires. The Seller agrees that such compensation and insurance shall be maintained until after the soli re work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes she inure responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever so persons or propeM mused by or resulting from she execution of the work provided for in this purchase order or in mwection herewith. The Seller will indemnify and bold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expense, whether direct or indirect, and whether to persons or property to which the Purchaser my be put or sce ter by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his contractors. or any of the Sellers or contraccers officers, agents or employees. In case my suit or other proceedings shall 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 contmcters or my of its or their oRcers, agents or employee as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expwa, to pay my and ill costs, charges, mommrys fee and other expense, my and all judgments than may be incurred by or obtained against the Purchaser or my of its or their officers. agents or employees in such suits or other proceeding, and in one judgment or other lien be placed upon or obtained against the propmry of the Purchaser, or said price in or as a reeds of such suits or other proceeding, the Seller will at once cause the same to be dissolved and discharged by giving bond mrotherwise. The Seller and his contractors shall take dl safety precautions, furnish and instill all goods necessary for the prevention of accidents, comply with all laws and regulations wadi regard to safety including, but wheat limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07n014