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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 32123001City OfPURCHASE ORDER PO Number Page ///��� 3212301 1 of 2 `t Collins I ns This number must appear " on all invoices, packing slips and labels. Date: 01/24/2012 Vendor: 102795 Ship To: ELECTRIC UTILITIES 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: 01/23/2012 Buyer: OPAL DICK 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 Ordered UOM Unit Price Extended Price 2012 BLANKET ORDER FOR 1 LOT LS 15,000.00 LIGHT AND POWER Total $15,000.00 C3. Oi'lusQ� 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 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. B,v stande the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Craifcate of Registry 84-607105117 is registered with the Collector of Internal Revere, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), Goods Rejected. GOODS REJECTED due to failure to meet speei fications, either when shipped or due to defects of damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written iasmauu ns from the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NON WAI V ER. Fnilam of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or dclav to exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not relcaac the Seller of any ofthe warmmics or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict performance hercofor any of its rights or rcmcdics as to any such goods. regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any parpomd oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance Roccipt 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, ovecharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser anv and all claims it may now have or herea0cr Freight Tams. Shipments most he F.O.B., City of Fort Collins. 7011 Wood St. Fora Collins. CO 90522. unless acquired under federal or state antitrust Imvs 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 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 pans of the country, shipment is Ifthe Purchawr directs the Seller to connect 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 fmm Invoice when Purchaser and the Seller, and the Scllcr theca0er indicates its inability or unwillingness to comply, the Purchascr shipments am made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, ar required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agmcs 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, regulminns, onfinancea, mlcs and requirements, Authorization. All parties to this contract agree that the representatives arc, in fact. bona fide and possess full and complete andante to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the toms and conditions stated herein set (oath 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 arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and perrfomancc must be affected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event array delay. the Purchaser shall have, in addition to other legal and equitable numerics, the option ofpincing 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 efregligcnce, such acts of God. acts ofcivil or military authorities, governmental priorities, fires, strikes, fund, 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 Scllcr 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 good, articles, materials and work covered by this order will conform with applicable drawings, specifiemion5, samples and/or other descriptions given, will be fit for the purposes intended, and perfomed with the highest degree cream and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless From any loss, damage or expense which the Puchaou may suffer or incur on account of The Sallee, breach of warranty. 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 as may be prescribed by Inv or by the terms Many appl ieablc wamnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), rest It ing from imperfect or defective work done or materials famished by the Seller. Acceptance or use oI goods by the Purchascr shall not constitute a waiver of any claim under this warm. my. Except as otherwise provided in this purchase order, the Sellers liability herttmder shall extend to all damages proximately caused by the bench of any of The foregni ng w:amutics or guarantees but such liability shall in no event include loss of preits or loss of use. NO I PLI I.D WA RRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHA LL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pnrchascr may make any changes to the terms, other than legal terms, including additions to or deletions front the quantitice originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hacundu, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then net shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress 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 adjustment he made in favor of the Seller with respect to any good which arc the Scllcrs standard stock. No such termination shall rel icvc the Purchaser or the Sell let of any of their obligations as to any goods delivered herxunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is mdroal. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall hive been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc 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 character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamiless from all costs and damages sneered by the Purchaser as a result of the 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 ofthe other parry. 10. TITLE. The Shccrwarmnts full, clearand unrestricted tide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescn-atims. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This rcicme shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officors and emplovees of such party. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, 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 indemnify the Pmemser for any cost, expense or damage which it may be obliged m 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 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 to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes naninfringing. 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 definitions of terms used or the interpretation of the agreement and the rights ofall panics hereunder shall be consumed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perfom work hereunder, including the services of Sellers Representative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shull any on said work at Seller's 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 it Seller's own expose 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. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller ander the order. 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 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 insnance with bodily injury and death limits of at least S100.000 for any one person. S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his nmmoors, if any, to provide for such compensation and insurance Before any of the Scllcrs or his contractors employees shall do any work upon the premises of ethers, 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 eompeac Lion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until ufler the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller batch, a, sumo the entire resputeftality and liability Am any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection httmvith. The Scllcr will indemnify and hold harmless the Puehaser and any or all of the Purchasers affects, agents and employees fmm and against any and all claims losses, damages, charges or expenses, whether direct or indirect. and whether to persons or property to which the Pamhxsen may be put or subject by reason of any act, action, neglect. omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In case any suit or other proceedings shall he brought against the Purchaser. or its officers, agent or employees many lime an account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or their of 5cem. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers owvn expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties 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 giving bond or otherwise. The Seller and his contractors shall take all safety precautions. furnish and install all goxrds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation. the Occupational Safcry and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010