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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9122155City of art Collins Date: 04/13/2012 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER Colorado 80239-2029 PURCHASE ORDER PO Number Page 9122155 j 102 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: 04/13/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 7006-6860 35' F/G streetlight pole 70066860 YARD POLE, STREETLIGHT, 35', DIRECT BURIED, TAPERED FIBERGLASS, FOR USE WITH ALUMINUM MAST ARM, PER SPEC. NO. 373-104, REV. L, ; (POLES ONLY) Delivery: 5-6 weeks Shakespeare Per auote from Pat Mever 9m�-� Q. 0'AA:9-ems City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 60 EA 850.0000 51,000.00 Total $51 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. By statute the City effort Collins is exempt from state and local taxes, Our Exemption Number is 98-04502. Federal Exeisc Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or doe In defects of damage in transit. may be returned to you for credit and are not to he replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfmmnce of the terms and conditions hereof, fiilarc or delay to exemisc any rights or remedies provided herein or by tar, failure to primarily notify the Seller in the event of a breach, the acceptance Prof payment for good hereunder or approval of the design, shall not release the Seller of any of the wanantia or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser in insist upon strict performance hercofm any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral ntodifiention or rr ck,inn Of this purchase order by the Pnrchnscr operate as a waiver of any Of the 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 pan of the City of Fort Collins. Hmsvvcn it is to he understood that FINAL Seiler and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection pmcethims, violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser tiny and all claims it Tiny now have or hereancr Freight Tens. Shipments must be P.O.W. City of Fort Collins, 70O WOM St., Fan Collins, CO R0522, unless acquired under federal or state antitrust Imes 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 purchn%ed or acquired by the Purchaser pursuant to this purchase order. bill must accompany invnicc. Addition,] charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whom manufaeturcts have distributing points in various pans of the country, shipment is If the Purchaser directs the Scllcr to coned nonconforming or defective goods by a date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchoser and the Seller, and the Seller thereafter indicates its inability err unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the ton expeditin s, means mailable to it, and the Seller shall pay all costs assooiated with such work. Permits, Seller shall p annuoe at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, temtory or political subdivision when, the work is performed, or required by any other duly constituted public authority having jurisdiction Over the work of vendor. Seiler 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. Authoriation. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein so forth and any supplementary or additional Icmw and conditions nnnexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected found 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 the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents anaehcd hcrcto. No acts of the Purchasers including, without limitation, acceptance of partial late dcliverics, shall Dreamy as a waiver of this provision. In the event of any delay, the Purchoser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. I lowcvcr, the Scllcr shall not be liable for damages as o result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and withonl its fault of negligence. .such acts ofGM. acts ofcivil or militarynuflu rltics, governmental priorities, fines, strikes. Bond, epidemics wars or riots povided 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 last by reason of the delay. i. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this onler 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 competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the Purchaser harmless from any Iola, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of.raroy. The Seller shall replace, repair or make good, within cost to the Purchaser, any defects at faults arising within one (1) year or within such Innger period of time as may be prescribed by law or by the tens of any applicable wamanty provided by the Seller nncr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except asmtha wise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately canned by the breach of any of the foregoing wamntics ar guarantees, but such liability shall in no event include loss Offactits ar loss of use. NO IMPLIED WARRANTY OR MERCIIANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tears. other than legal toms. including additions to or deletions form ,he quaatmes originally ordered in the specifications or drawings. by verbal err written change order. If any such change affects the amount due or the time ofporformanec hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all Portions of the goods then not shipped, subject many equitable adjustment between the parties as to any work or mntaiak then in progress provided that the Purchaser shall not be liable for any claims for anticipate(] Profits On the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser Tr the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be ....tied within thirty (30) drys from the date the change or Icnin Lion is ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all good sold hereunder shall have been produced. sold, delivered and furnished in Strict compliance with all applicable laws and regulations to which the grads 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 incorporated in agreements of this character are hereby incorporated hacin by this reference. The Seller agrees to indemnify and hold the Pnrchascr hamdcss from all costs and damages suffered 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 bec me due hereunder without the prior written consent of the other patty. 10. TITLE. The Scllcr wmmnts fall. 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 encumbrance, and claims ofmhca. The Seller shall release the Purchaser and its cmttracmrs Tf any tier from ill liability and claims of any nature resulting front the performance of such work, This release shall apply even in the event of fault of negligence of the party TO .... it and shall extend to the directors, o0'mea and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be preformed by the Purchaser. 14. PATENTS. Whenever the Scllcr 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 ind all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the POrehawf for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during cloy prosecution or a0cr the completion of the work. In case said equipment, or nny part 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 it its option, either procure for the Purchaser the right to caninue using said equipment or Parts, replace the same with substantially equal but nnninfringing equipment, or mndify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make in 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 Without liability. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation Tribe agreement and the rights off]] panics hereunder shall be constmcd under and governed by the laws ofthe State of Coloado, USA. The following Additional Conditions apply only in cases where the Seller is to pafomf work hereunder. including the services of Scllcrs Represenative(s), on the premises of others. 17. SELLERS RESPONSIBILI rY. The Seller shall carry on said work at Seller's own risk until the sans is fully completed and accepted. and shall, in case of any ace, ident, destruction or injury to the work and/or materials before Seller's final cant pletion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle .are at the site and beoomc responsible therefor as though such materials and/nr equipment were being furnished by the Seiler under the order. 19. INSURANCE. The Scllcr xhnll, at his own expense. provide for the payment of workers compensation, including occupational disease bene Ots. to its employees employed on or in connection with the work covered by this purchase aide,, :tad/or In 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 bedily injury and death limo¢ Of.,, least S100.010 for any one person. S500.000 for nny one accident and property damage limit per accident of S400.000. The Seller shall likewise require his commemrs, if any. to provide for such compcnsntion and insumncc. Bcfore any of the Sellers or his eo mourns employees shall do any work tarn the premises Tf eaters. the Seller shall furnish the Purchaser with a certificate that .such compensation and instance have been provided. Such certificates shall specify'the date when such eonmcnsmion and insumncc have been provided. Such cenific2ms 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 completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy assumes the entire responsibility nad liability forsany and all damage, loss or injury Many kind or nature whatsoever to persons Or property caused by or resulting from the execution Tribe work provided for in this purchase order or in conneclion herewith. The Seller will indemnify and hold harmless the Purchaser and any Tr all of the Purchasers officers, agents and employees from and against nny and all claims losses, damages, charges or expenses. whether direct or indirect. and whether to persons or property to which the Purchaser may be put or %object by reason of any act. action, neglect omission or def tall on the pan of the Seiler, any of his contractors, 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 or employees at any lime on account ru by reason of any act, action, neglect. omission or default of the Seller of any of his contractors or any of its or their Officers, agents Or employees as aforesaid. the Seller hereby agrees to assrme the defense thereof and In defend the same it the Sellers own 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 pmcccdings, and in case judgment or other lien be placed upon or obtained against the property of the Pnrchascr, orsaid panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othem i.w. The Seller and his contractors shall take all safety precautions. finish and install all guards necessary for the prevention of accident, comply with all Imes 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 thereto. Revised 03/2010