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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 3215360PO PURCHASE ORDER 321536er Page C117/ of PURCHASE 360 1012 ' `tCollins/ This number must appear �.I on all invoices, packing sli s and labels. Date: 01/15/2015 Vendor: 111360 Ship To: ELECTRIC UTILITIES GRAINGER INC CITY OF FORT COLLINS 4531 INNOVATION DR 700 WOOD ST FORT COLLINS CO 80525-3406 FORT COLLINS CO 80521 Delivery Date: 01/15/2015 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 i 2015 Materials 1 LOT LS 70,000.00 Light & Power 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 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.00m 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 L COMMERCIAL DETAILS. Tax exemptions By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60W 589 is registered with the Collector of Inrmmi Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). Goods R jeered. GOODS REJECTED due to failure a meet spenifiations, either wham shipped or due to defects of damage in l.nsit, may be resumed to you for credit ..it arc not m Is, replaced except upon receipt of written instructions tram the City of Fon Collins. Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. First Acceptance. Receipt of be merchandise, services or equipment in rtspunse to this order tan result in authorized payment on be pan of be City of Fort Collins. However, it is m be understood flat FINAL ACCEPTANCE is dependent upon completion ofall applicable rryuiral inspection procedures. Freight Tema. Shipments most be FOR, City of Fan Collins, 700 WOW St, Fen Collins, CO 50522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing palms in various pans of be country, shipment is expected from the wemst distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from grata disume. Permits. Seller shall pro. at sellers sale cost all necessary p .its, cecificeites and licenses required by all applicable laws, regulations, ordinances and mice of the state, municipality, tertiary or political subdivision where the work is perforated, or realuired by my other duly constituted public authority having jurisdiction over the work of vendor. Seller further sup. to hold the City of To" Collins hatmless from and against all liability and loss recurred by them by reason of an aasened or ca blished violation of any such laws, regulations, ordinances, rates and requiramcnts. Authorivfion. All parties to this contract agree that be representatives am, in fuel, bona fide and mingas fun and complete authority in bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teats and conditions stated herein set Each and any supplanting or additional burls and conditions annexed harem or incorporated herein by refnence. Any additional or different it. and conditions proposed by seller art objected to and bemby arched. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout 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 stated on the purchase order and Ilm documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ufteuval lam deliveries, shall operate as a waiver w This provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable temWies, the option of placing this order elsewhere and holding the Seller liable for damages. Hcomveq the Seller shall not be liable for damages as a result of delays due to anus not reawnsbly foreseeable which are beyond its reuonable coal.[ aM without its fault of widileaer, such acts of Gad, sets ofcivil or military authorities, govemmenul priorities, fires, strikes. Bond, epidemics, wars or riots provided that notice of she conditions causing such delay is given In the Porchner within five (5) days of be time when the Seller first received knowledge thereof. In the event of any 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 warmers Out all goods, articles, matmats and work covered by this order will conform with applicable drawings, spasufcaumo. samples author other descriptions given, will be fit for be puryotoa intended, and performed with the Erdarst degree of ems and competence in accordance with succeeded standards fro work of a similar aware. 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 of warranty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defeats or feats wising within one (1) year or within such longer period of time n maybe prescribed by law or by the terms of any applicable warranty provided by be Seller after the dame of acceptance of the goods Emotshed hereunder (acceptance mat m be uaeawtubly delayed), resulting from imperfect or defective work done or materials famished by be Seller. Accepraree more of good by the Purchaser shall Out constiae a waiver of any claim under Nis ou retry. Except as oberwdse provided in Nis purchase order, be Sellers liability hereunder stall extend to all damages proximately caused by be branch crony ofNe foregoing warrentiw or gnrantms, 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 teems by written 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 m the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an wribble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any or all portions of the goods bees not shipped, subject to any egdiab o wtwwdrw between be parries res or any work a materials ben in progress provided Nat Ne Purchaser shall vat be liable for any claims for anticipated prof¢ on the wavonpletal portion of the good md/m work, for incident or consequential damages, and bar no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Anr daim to, adjustment mull be amerted wind. Nimry (30) days from Nr data fie change in ramitumn is orlared I. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by big departure. The Sella agrees to microcopy and hold the Purchaser hadmlem from all costs and damages suffered by be Punduch r as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and uneatricled into to the Purchaser for all equipment marerish, vq items fiuoishad w performance of his agreement, free and clear of my and all lien, restrictions. reservations, sectary interest encumbrances and claims of othrrs. I I. NON WAIVER. Failure of the Purchaser to insist upon strict prrfem wa of the terns and conditions hereof, failure or delay to xcrdm any rights or remedies provided herein or by law, failure to promptly notify the Seller in Be went of a breach, the acceptance ofor payment fro good hereunder or approval ofbe design, shall rot release the Seller of any of be warindies or obligadon of this purchase oNer, and shall not be deemed a Waiver of any right of the purchaser to insist upon strict performance hemofor any of its rights or remedies n a any such goods, regardless of when shipped, received or accepted, n to any prior or subsequent default hereunder, nor shall any purroned oral modification or rescission of this purchase order by the Purchaser Operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser maximum Out in actual accommic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Thrraofore, far good cause and as corsideradim far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or Formula acquired under Faisal Or state antitrust laws for such ovecharga relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Porringer it the Seller, and the Seller rhemRer indicates its inability m unwillingness to comply, the Purchun may cause the work on b, Performed by the most expedifions means available to it, and be Seller shall gay all costs associated with such work. The Seller shall release the Purchaser and its comracmn of any tier from all liability and claims of any nature etalting from the performance ofmch work. This redeem shall apply even in the event of fault of ma hIcaooe of the party, re[aaM and shall extend to 6c dieeaors, officers and employees of such pan,. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is perforated or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Sella is required muse any design, device, material or prmcss covered by letter, patenk trademark or copyright, be Seller shall indemnify and save meatless the Purolator from any aM all claims for infringement by mason of be use of such parented design, device, material or process in connection with the contract, and shall indemnify the Purel gar for any cost, expense or damage which it may be obliged to pay by renown of such infringement at any time during the prosecution or after be completion of be work. In case said equipment, or any pan thereof or the inrded 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, in its awn expense and 0 its option, either procure for the Purchaser the fight to continue using said equipment or pans, mplace the same with substantially equal but ooninfmnging equipment, or modify it so it becomes maninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmps, make an assignment for be benefit of creditors, appoint s dociver 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 definid was ofit. used or Ne interpretation ofthe agreement out Ne rights of all parties hereuvda shall be construed render and gavemed by be laws of the Sate ofColomdo, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, mcluding the services of Sullen Repreunmtive(s), on Ne premises afothera. 12. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers own risk until the same is fully completed and accepted, and shall, in see of any accident, destruction Or injury to be work vWon mwterials before Seller's final completion and socarderoe, complete the work at Sellers own expense and to flue satisfaction of me Purchaser. When materials and equipment are furnished by others for installation or common by fie Sella, be Sella shall receive, unload, store and handle mine at the site and become responsible therefor as though such enlmals and/or equipment were bring famished by the Seller order the oNer. 18. INSURANCE. - The Seller shall, at his own expense, provide for the paymew of walkers eximmeragion, including occugotiowl disease benefits, to is employees employed on or in connection with the work coverts by Ibis purchase oNer, and/or to Nair dependents in accordance with be laws ofNe sum in which the work u to be done. The, Seller shall also carry comprehensive general liability including, but root limited to, conductuN and automobile public liability incumnce with bodily injury and death limits of at kmt S30t.000 for any one person, $500,00) for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, deny, to provide for such compensation and insurance. Before any of the Sellers or his automaton employees shall do any work upon the premises of others, the Seller shall maid, be Purchaser wah a cecifcate that such compensation and insurance have been provided. Such carlifedtes shall specify be date when such compenmtion and insurance have been provided. Such cenificates shall specify be date when such compensation and irevunce expires. The Setter agrees that such ampersmdon and insurance shaft be maintained wool after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ormy, kind thnature whatsoever to fictions or properly caused by of resulting from the execution ofthe work provided for in is purchase cover a in connection faro ith. The Seller will iMenmify and hold harmlem the Purchaser and any Or all of the Purvicamor officers, agents and employees from and against my aM all claims, lasses, damages, charges an expenses, wheher direct or indirra, and whether m persons Or pmpeng 1a which be purchaser may be put or subject by reason of any era, action, neglect, omission or default on the pan of fie Sella, any of his contractors, or any of the Sellas or contractors officers, agents or employees. In case any suit or that proceedings shall be brought against fie Purchaser, or is officers, agents or employees at any ore on account or by reaon of any act, action, neglect, omission or default of be Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend be same an the Sellers own expcnsc, to Pay any and all coda, charges, i nomays fees and other expetscs, any and all judgment that may be incurred by or muiued agained be Purchaser or say of its or thew officers. agents or employees in such suits or other proceedings, and in over judgment or other lien he placed upon at obtained against the property of the Purchaser, or said patties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by Rising bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and instill all guard necessary, for be prevention of accidents, comply with all laws and regulations with regard to safety including, but wtthom Initiation. be Occupectimed Safety seta Health Aa of 1970 and all roles and regulations issued pursuant Nerao. Revised 012014