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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9117084City Of PURCHASE ORDER PO Number Page 9117084 1 1 of 2 `t This number must appear Collins1 on all invoices, packing slips and labels. Date: 11/30/2011 Vendor: 102795 Ship To: UTILITY SERVICE CENTER - WA WESCO DISTRIBUTION INC CITY OF FORT COLLINS 11333 E 55TH AVE UNIT A 700 WOOD ST DENVER Colorado 80239-2029 FORT COLLINS Colorado 80521 Delivery Date: 11/29/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 6535-1075 80 CL 355.0000 28,400.00 2" flexible poly conduit YARD CONDUIT, 2", SDR-15 (SCHEDULE 40 EQUIVALENT), FLEXIBLE BLACK PE3408 HDPE WITH THREE RED STRIPES AND SEQUENTIAL FOOTAGE MARKING, SHIP IN 500' COILS ARNCO, PER DESCRIPTION; Per quote from Jim Kleczewski DATED 11-22-2011 Delivery: 34 weeks Rcx� Q. OiW� -;�l City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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, I3y statute the Ciry of Fun Collins is exempt from stme and local taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 84.6(100587 is registered with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Gads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defects of damage in mull, may be mounted to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof failure or delay to exercise any rights nr remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller Of any of the warnmics or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance hcrcoforany ofits rights or remedies as to any such Soods, regardless of when Shipped. received or accepted. as to any prior or subsequent default hereunder, our shall any purported Onl modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofthe terns hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice Overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pumhawr any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fan Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular good 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 must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thcmaflcr indicates its inability at unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with Such work. Permits. Seller shall procure at Sellers sale cost all necessary permits, certificate, and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political Subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the wnrk of vendor. Seller further agrees to hold the City of Fort Collins harmless from 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 requirements. Authorization. All panics to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 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 different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the Option ofpleeing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligcncc such acts of God, acts ofeivil or military amhontia, governmental priorities, fires. spikes, flood, epidemics, wars 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 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 ofthe delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. Samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and comperence in accordance with accepted standard for work of a similar nature The Scllcr agrees to hold the purchaser harmless from any loss, damage at expense which the Purchaser may su Rcr or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time ex may be prescribed bylaw or by the from, of any applicable warranty pmvidcd by the Seller after the date of acceptance of the gads furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect Or defective aad, done or materials famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Set lees liability hereunder Shall extend to all damages proximately caned by the breach of any of the foregoing warranties or guanntce,, but such liability shall in no event include loss of profits Or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal more; by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or written 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 tender, change order. terminate this agreement as to any or all portions of the good then not shipped, Subject to any equitable adjustment between the panics as to any work or materials then in pmgr xs provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjatment be made in favor of the Seller with rcspcet to any gad which are the Scllcrs standard stock. No such termination shall relieve the Purchaser Or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change Or termination is ordered. R. COMPLIANCE WITH LAW. The Seller a'amn¢ 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 grad are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this chancier arc hemby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pumhawr harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such lax'. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become duc hereunder without the prior written consent ofthe other party. 10. TITLE. The Scllcrwmmnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any net faint all liability and claims of any nature resulting Form the performance ofsuch work. This release shall npply even in the event of fault of negligence of the parry released and shall extend to the directors, of ccu, wad employees ofsuch party. The Sclicr's contractual obligations, including wamnry, shall not be deemed to be reduced, in any way, because Such work is performed or caused to be perfomd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by leper, patent, trademark or copyright, the Seller shall indemnify and Save harmless the Purchaser fmm 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 indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion ofthe work. In ease said equipment. or any part thereof or the intended use of the gods, is in such suit held to constitute infringcmcot 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 to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it bmomes noninfringmg. 15. INSOLVENCY. If the Scllcr 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 he canceled by the Purchaser wilhoul liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repmsentative(s), on the premises ofothcrs. 17, SELLERS RESPONSIBILITY. The Seller shall carry on Said work at Sellers own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sclleh own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload. stare end handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. 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 order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with Mdily injury and death limits of at least 5300,901 for any one person. S500.0n) for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his conmctors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premise., ofothcrs. the Seller shall famish 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 certificates 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 accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting form the execution ofthe work provided for in this purchase catcror in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers, agents and employees boom and against any and all cla inns, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller. any Of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any 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 Scllcr 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 the same at the Sellers own expense, to pay any and all cats, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its at their Officers. agents or employees in Such suits or other pmcecdings, and in case judgment or other lien be placed upon or obtained against the property oftbe Purchaser, or said panics in or as a result ofsuch Suits or other proceedings. the Seller will at once cause the same to be dissolved wad discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safctv and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010