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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION IN - PURCHASE ORDER - 9121002City of /,.F�or/t Collins Date: 02/16/2012 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER Colorado 80239-2029 PURCHASE ORDER PO Number IPage 9121002 1 1of2 This number must appear on all invoices, packing slips and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/16/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price i BREAKAWAY KIT 30 70340856 70340856 12Q BREAKAWAY COUPLING, FOR USE WITH ANCHOR BASED STREETLIGHT POLES (S/N 7006-6857), INCLUDES: COUPLERS, REACTION PLATE, AND ONE-PIECE SHROUD WITH PHILLIPS-HEAD SCREWS; COUPLER WITH 1" 8UNC GALVANIZED BOLTS, NUTS AND WASHERS; REACTION PLATE WITH 15" BOLT CIRCLE, DARK BRONZE ALUMINUM SHROUD; SAFETY BASE LTD. PART NUMBERS: C5 (COUPLER), RP7M (REACTION PLATE) AND S8 (SHROUD) SAFETY BASE LTD, PER DESC.; Delivery: 2-3 weeks per quote from Pat I 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 BX 405.0000 12,150.00 Total $12,150.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By starrm the City of Fort Collins is exempt fmm store and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry "-6fW587 is registered with the Collector Of Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Somium 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to (]elects of damage in transit. may be trimmed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fen Collins inspection on arrival, 11. NONWAIVER. Failure of the Purehiser to insist alarm strict performance of the hems and conditions hereof, failure or delay to exercise any rights or remedies pmrided herein or by law, failure to promptly ramify, be Seller in the event of a breach, the acceptance of ar payment for goods hereunder or approval of the design, shall not release the Seller Of any of the ,no Ones or obligations of this purchase onto and shall no, be deemed a waiver of any right of the purchaser to insist upon strict performance hereoforany of its rights or remedies as to any such points. regardless of when shipped, received or mccl acd, as to any prior or subsequent default hereunder, nor shall any purported on] modification or rescission of this purchase order by the Purchaser openm as a waiver Of any of the terms hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in resporsc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the put of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting firm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borne by the Purchase, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hcrcby assigns to the Purchaser any and all claims it may now hive our hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wrood St.. Fora Collins, CO 90522. unless acquired under federal Or state antitrust 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 Orden hill most accompany invoice. Additional charges for packing will not be acccptcd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchuseriirects the Selk,mcormononconfntaing orslercetive goods by a date to he agreed upon by the expected form the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability nr unwillingness In comply, the Purchaser shipments urc made from greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all c�sts.renrciamA with such .work. Pcmim. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state. municipality, territory or political srbdi%rion where the work is pMorated. or required by any other duly constituted public authority having jurisdiction a%cr the work Of vrndor. Seller further ogre,, to hold the City of Fen Collins harmless firm and against all liability and loss incurred by them by reason of in asserted or established violation of any such lases, regulations. Ordinances, rules and rcquitnmcom Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete mnhority to bind said parties, LIMITATION OF TERMS. This Purchase Order cxpresly limits acceptance to the terms and conditions stated hcrcin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmposc l by seller are obiccted round 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 of thr es. coca Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option of placing Ibis order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and withom its fault Mncgligcncc, such acts of God, acts of civic or military not horftics, governmental priori)ics, dims, strikes, flood, epidem its, crux or riots pmvided 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 I the event of any such delay. the date of del ivory shall be extended for the period equal to the fractionally lost by reason of the delay. a. WARRANTY. The Seller warrants that all good<, 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 fortomcs intended. and performed with the highest degree of care and competence in accordance with accepted standards for work of a .similar mature. The Seller agrees to hold the purchaser harmless, from any loss, damage or expense which the Purchascr may suffer or incur era account of the Sellers breach of wamnty. 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 time as may he prescribed by law on by the terms infamy applicable wamnty provided by the Se let after the date of uec acceptance ofthe goods furnished Immunder (eptance not to be unrcasonnbly delayed), resultimg from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall nut constitute u waiver of any claim tinder this wamnty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately soused by the breach Many of the foregoing wnmmics or guarantees, but such liability shall in no event include loss of profits Or Ines of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHA LL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal hems by written change Order, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terms, including additions to or deletions fmm The quantities originally ordered in the specifications or drawings, by verbal or wrium change order. If any such change affects the amount due Or the time of performance hereunder, an moimbte adjustment shall be made. 6. TERMINATIONS. The Purchase, may at any time by written change order. terminate this agreement as to any or all portions of the goods then not 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 goods and/or work, for incidental or consequential damages, and that no such adjustment he made in furor of the Seller with respect to any good which are the Scllco stnndanl stock. No such termination shall relieve the Purchascr or the Seller ofany aftheir obligations as to any gmtts delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adustment must he asserted within thirty (36) days form the ditto the change or mmimhion is ordered. A. COMPLIANCE WITH LAW. The Seller warrants 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 ire suhlect. The Seller shall cxCcute and deliver stmh documents as may be required to effect orevidencc 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 h tmlms from all costs and damages .suffered by the Purchascr a a result of irks Sellers failure to comply with such law. 9. ASSIGNMENT. Neithor party shall alien, trans ller. or convey this order, or any monies due or to become due hereunder without the prim wntten consent of the other pram. 10. TITLE. The Set der wamnty full, clear and unrestricted title to the Purchaser for all equipment. materials, and items Into ishcd 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 tier fmm all liability and claims of any nature resulting fmm the peformancc ofs ch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officersand employees ofsuch party. The Seller's contractual obligations, including wam, nty, shall not be deemed to be reduced, in any way, h vause 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 hornless 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 rowan of such infringement at any time during the pnxcution or aficr 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 finance for the Purchaser the right to continue using .said equipment or pans, replace the same with subslamially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall hccomc insolvent or hanknapt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or hosam s, this order may forthwith be cmecicol by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftcros used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be consmed 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 scniecs of Scllcrs Rcpresentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work m Scllcr's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to rho work mad/or materials before Seller's Paul completion and acceptance, complete the work at Seller's non expense and m the vubSitictim of Poe Purchuscr. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive tmload. Store and handle same at the site and become revpansible therefor as though such materials and/or equipment were being fumisla d by the Seller under the order. IS. INSURANCE. The Seller .shall, at his man expense, provide for the payment of workers compensation, including accupmimid 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 tarty comprehensive general liability including. but not limited to, contractual and antnmnbile public liability insurance wish bodily injury and death limits of m least S300J000 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 contractors, if any, to provide 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 furnish the Purehnur with a certificate that such compennrinn and insurance have been pmvided. Stich ecrtificates shall specify the date when such compensation and insurance have been provided. Such ecrtificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until .1mr 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 of any kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofthc work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Porchnsom officers, agents and employees fmm and against any and all claim., losses, damages, charges or expenses, whether direct Or indirect, and whether to persons or property to which the Purchascr may be put or subico by reason M tiny act. action. neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmcccdings shall be brought against the Purchascr, or its oRcers, agents or employees many time on account or by reason of any act. action, neglect, omission or default of the Seller of aof-his ohis contractors or any of its or their officers, agents or cniployccs is 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 costs, charges, attorneys fees and other expenses, any and all judgments that may be inured by or obtained against the Purchascr 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 Purchascr. or said panics in or as a result ofsuch suits or other pmcecings. the Seller will Of once cause the same to be disolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. furnish and install all gumds necessary for the prevention of accidents, comply with all Incas and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and ill m1cs and regulations issued pursuant fl crew. Revised 0312010