Loading...
HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9121004City of Fort Collins Date: 02/16/2012 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER Colorado 80239-2029 PURCHASE ORDER PO Number Page 9121004 1o12 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: POLES ONLY Line Description Quantity UOM Unit Price Extended Ordered Price 1 7006-6857 24 EA 1,831.2500 43,950.00 29' 6" F/G streetlight pole 70066857 YARD POLE, STREETLIGHT, 29'6", TAPERED FIBERGLASS, FOR USE WITH ALUMINUM MAST ARM(S) AND BREAKAWAY BOLTS & SKIRT (S/N 7034-0856 & 0867), 15" BOLT CIRCLE, PER SPEC. 373-104, SERIAL 02, REV. L POLES ONLY Delivery: 8 weeks Whately #A-4329.50-21-58N6 RTF 29-5 9-1XBMA 2PROV CTBS C3. Oil�o2� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Terns and Conditions Page 2 of 2 I. COMMERCIALDETAB.S. Tax exempt inns. By .statute the City of Fan Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAI VER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 81-60011557 is registered with the Collector of Failure of the purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights err remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance Arm payment for goods hereunder Ar approval Afire design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or duc to defects of any of the warn al s 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 arc not to be replaced except open receipt of written parchaser to insist upon strict performance ocomfor any of its rights or remedies as to any such goods, regardless instruction; from the City of Pon Collins. of when shipped, received or accepted, as to any prim or mbsequcat default heramdec nor shall any purported And modification of resci,s,ioa of this purchaw order by the Purchnscr operate is a mrah er of any of the icons Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hem.f. Final Acceptance. Receipt of the merchandise, services or equipment in response to this note, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic France, overcharges resulting from antitrust ACCEPTANCE is drycrdent upon completion ofall applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for guad cause and as consideration for executing this 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.O.H., City of Fort Collins. 7M Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for .such overcharges relating to the particular goods or services otherwise Htmificd on this order. If permission is given to prepay freight and charge separately, the original freight purchased nr acquired by the Pumhescr pursuant to this purchase order. bill must accompany monies. Additional charges far packing will not be accepted. Shipment Distance. Where manufacturers have distninting points in varia. pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted front Invoiec shim shipments arc made from greater distance. Permit,. Seller shall procure at sellers sole cost all necessary permits, ecnificates and licenses required by all applicable laws, regulations ordinances and roles of the state, municipality, territory or political suhtliv ision where the work is perfumed, or required by any other doily constituted public authority having jurisdiction over the work 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 assencd or establishnl violation of any such laws, regulations, ordinances rules and requirements. Aathonnttion. All panics to this contract agree that the representatives are. in fact, bans fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto of inenrperawd herein by reference. Any additional or diRcmnt terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and perfafmanee must he effected within the time stated on the purchase order and the documents attached heron. No acts of the Purchasers including, Aithout limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Pnrehaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages its a result of delays doe to causes not reasonably fnresecahle which arc beyond its ma onable court.) and within its fault Af negligence. such acts of Gad, acts efcivil or militaryntnhnritics. governmental priorities, fires, strikes. Rood, epidemics. wars or riots provided that notice Artie conditions causing such delay is given to the Pnrchascr within Rvc (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 of the delay. 3. WARRANTY. The Seller warrants that all goM, articles, materials and work covered by this order will confnrn with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and pefomed with the highest degree of care and competence in accordance with accepted standards for work Of . similar nature. The Seller agrees to hold the purchaser harmless fmm any loss. damage or expense which the Purchaser may suffer or incur on account Af the Scllem breach ofwarranty. The Seller shall replace, repair or make good, wittmu cost to the purchaser, any defects Or faults arising within one (1) year or within such longer period of Omens may be prescribed by law or by the terms of any applicable warranty provided by the Scllcr after the date Of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delnved), resulting from imperfect or detective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute n waiver of any claim under this warranty. Except as otherwise pmwided in Its is purchase order, the Sellers liability hcreorder shall extend to all damages pA xiannotly caused by the breach of any of the foregoing'amour, or guarantees, but such liability shall in no event include loss of profits or loss Arose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGAL TERMS. The Purchaser may make chances to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pwrehescr may make any changes to the terms. other than legal terms, including additions m err Iclvti., from the quantities originally ordered in the specifications or drawings, by verbal of mucti change order. If any such change affects the amount due or the time of pefnrmancc hereunder, an equitable zdio,trncm shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as in any or all portions of the ponds then no, shipped, subject to any cquituhle adjustment between the panics as to any mark or materials then in pmgmss provided that the Purchaser shall not be liable for any claims for anticipated pmlitc on the onennmpleted portion of the goods and/or work, for incidental or consequential damages. and that no such adjustment be made in favor Af the Seller with respect many goods which arc the Sellers 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 adjusmment must be asscned within thirty• (30) days fmm the date the change or termination is ordered. R. 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 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 be incor,romted in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchnscr hamdcc firm all coats and damages suffered by the Pnrchascr as a result Af the Seller, failure to comply with such Irv. 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. I Q TITLE. The Scllcr warrants full, clear and unrestricted title to the Pnrchascr for all equipment, materials and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reserations, security interest cneumbmnecs and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchnscr and the Scllcr, and the Seller thereafier indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most c,,mcitin, means mailable to it, and the Seller shall pay all costs associamd with such work. The Seller shall mlcase the Purchaser and its contractors Af any tier from all liability and claims of any nature resulting front the performance Ad"such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRccis and employees Af such party. The SCllerk contractual obligations, including wamnty, shall not be devoted to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. Id. PATENTS. Whenever the Seller is required to use any design, The, ice. material or pmcess covered by letter. patent, tmdcmark or copyright the Seller shall indemnify and save hamdec the Purchaser favor any and all claims for infringement by mason of the use of such patented design, device, material of process in connection with the contract and shall indemnify the Purchnscr for any cost cxpcnsc Ar damage which it may be Obliged to 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 ,an thereof or the intended use Of the goods, is in such .suit held to constitute infringement and the use of said equipment m part is came cd, the Seller shall, at ids own expense and at its option, either procure I'or the Pnrchascr the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing cquipmern. err modify it sn it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt, make an assigmncnl for the benefit of creditors. appoint a receiver or trustee for any of the Scllcr, property or business, this order may forthwith be canceled by the Purchaser within liability. 16. GOVERNING LAW. The definitions ofomas used of the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Cedona n, USA. The following Additional Conditions apply only in cases where the Seller is to perform, work hereunder. including the scr'ices of Scllcr, Rcpm,cntalive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at ScILT''s own risk until the tram is filly completed and accepted, and shall, in ease of any accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers Two expense and to the satisfaction of the Purchaser. When materials and equipment ore Famished by others for installation A, comfort by the Seller, the Seller shall receive, unload. stun, and handle ,,are at the site and become responsible therefor its though such materials and/or equipment were being furnished by the Seller undo the order. I S. INSURANCE. The Seller shall, at his own cxpcnsc, pmvidc for the payment of wnrkcrs compensation. including .ccu,n tional disease benefits, to its employees employed on or in connection with the work covered by this purchase order. andlor to their dependents in accordance with the laws of the state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to, contractual and autonmbile public liability insurance with bodily injury and death limits of at [cast $300.000 for any one person. S500.000 for any one accident and property damage limit per accident of "60,000. The Seller shall likewise require his contractors, if nay, to provide for such compensation and insumncc. Before any of the Sellers or his contractors employees shall do any work Aron the premises Of Others, the Seller shall furnish the Pumhaser with a Certificate that such compensation and insurance have been pmvidcd. Such ccniticatcs shall specify the date when ech 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 he maintained until after the entire work is cnmrlcted and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injure Array kind or nature whatsoever to persoru or property caused by or msuldng front the execution of the work provided for in this pumhase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser ail any r all of the Pumhuwm officer, agents and employees from and against any and all claims, losses. damages. charges or expenses. whether direct or indirect and Ahclher to persons or pmperty to which the Purchaser may be put or subject by reason of any act, action. neglect omission or default ern the pan of the Seller. any of his contraclors. Or any Of the Sellers or contractors officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its officers, agents Ar emplAvecs at any lime on account err by reason of any ass, action, neglca. omission of default of the Seller of any of his contractors or any of its or their Affects. agents At employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own cxpcnsc, 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 Ihcir officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or Obtained against The property of the Pnrchascr. Or said panics in or as a result ofsuch suits of 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 lake all safety precautions, furnish and install till guards nece.... y for The prevention Of accidents comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereon. Revised 03/2010