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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9105891 (2)Fort Collins Date: 11/09/2010 Vendor: 102795 WESCO DISTRIBUTION INC WESCO AURORA UTILITY 16401 E 33RD DRIVE STE 10 AURORA Colorado 80011 PURCHASE ORDER PO Number Page 9105891 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 11109/2010 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 32,500 Feet - 72-Strand 1 LOT LS 13,910.00 Prysmian Fiber Optics Cable Single -mode Part #0072ZBS1 LAJESJA On Two Reels Reel 1 - 10,000' Reel 2 - 22,500' Mfr. - Prysmian .428/ft. Delivery: 3-4 weeks As specified in Bid Document #7179 ARRA Funds - SGIG 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 $13,910.00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt rem state and hscal taxes. Our Exemption Number is 11. NON WAIVER. 9R-0a502. Federal Excise To. Exemption Ccrtificam of Registry 114-601(1 is registrnd with the Collator of Failure c the Purchaser 1. insist upon area performance areas terms sand condfsions.hereof. failure or delay to lnmmal Roenue. Denver, Colorado (Rct Colorado Revised Statutes 1973. Chapter 19.26. 1I4 fa), cxemise any rights or remedies provided herein or by law. failure to Promptly notify the Seller in the event of a breach. the acceptance ofor payment for galls heroundr of approval of the design. shall not release the Seller of Goads Rcjmted. GOODS REJECTED disc to faihsre to arms specifications. either when shipped or due to defects of any of the wamntiu or obligation of this purchase order and shall amI be decreed a waiver of any right of the damage in name may be mounted to you fa credit and arc mu to be repi except aeon receipt of wire. purchaser to insist upon strict performance harcefor any ofirs rights or remedies as to any such goods. regardless inm us tiara from the City of Fan Collins. or when shipped, received or accepted, as to any prior or wbscgomt default hefcunder, ter shall any purported null modification of rescission of this purchase order by the Purchaser operate is; a waiver of any of the tarn I mise Lion. GOODS arc subject to the City of Fen Collins inxpeclien on arrival. hearer. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rcwls in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins However. a is to be understood that FINAL Seller and the Purchosa recognize Ill., in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is depcndam open completion ofall applicable required iaspcerion procedures. violations am in fact home by the Purchaxer. Theretofore. for good cause and as consideration for executing this purchase order, the Sell, hacby assigns to the Pu¢hases arty and all claims it may few have or herenner Freight Terms. Shipments muss he F.O.B.. City of Fan Collin, 700 Wood St.. Foe Collins. CO 90522. unless acquired under federal or state antitrust laws far such overcharges relating to the particular goods or services nshcroise specified an this order. U pennission is given to portray freight and charge se lso y, the original freight purchased or acquired by the Pumhasar pursuant to this purchose order. bill must accompany invoke. Additional charges for pxking will not be acimpled. 13. PURCHASERS PERFORM A NCE OF SELLERS OBLIGA TONS. Shipment Dimance. Where manufacturers hive dimihuling points in various par of the country, shipment is Iftha Purchaser direcrs the Seller to comet nonconforming or defective good by a date to to agreed upon by the expected fmm the former distribution point to datintion, and excess freight will be deducted form Invoke when Pumhaar and the Scllcr, and the Seiler thereafter indicates its inability orumvillingmes, mcces the Purchaser shipmcnb sic nude fmm greater distas,c. may cause ,he work to be performed by the most expeditious morn available to iL and the Seller shall pay all costs associated with such work. Permits. Scllcr Mall psocum at sellers sole cot all necessary permits. ccrtifeales and liccncs required by nil applicable laws. regulations, ordinances and mlcs of the state. municipality, territory or political subdivision where the work is performed, or required by any cities duty mntlnaed public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Foe Collins harmless from and against all liability and loss incurred by them by reason of an asserted or alablished violation of any such lawn regulations, ordinances, rules and ice uircmcnls. Aulharivtion. All panics to this contract area That the rcpremativn are, in fact. bona Rde and onscss cull and eornplele authority to bind said panics LIMITATION OF TERMS. This Pumham Order expressly limits atecrenec to the terms and conditions slated herein set forth and any wpplcmentary m additional tarn and condition annexed herein or incorporated herein by milmocc. Any additional or di Rereat temrs and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if You canna make compkm shipmmit to serve on your promised delivery date as noted. Tins, is of the essence. Delivery and perfomtance must be effected within the time stated on the purchase order and the documents attached before. No acts of the Pumhucrs including. without limitation, acceptance of panel late deliveries. Mall operate as a waiverof this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable minsa ics, the option of placing this oiler dsewhcm and holding the Seiler liable for damages. However. the Seller Mall not be liable for damages as a result of delays due to one not reassembly faorsccebk which arc beyond its masonabk eontrol and without its fault of negligence. such acts ofGM. nets ofeivil or military outheritics. governmental priorities, fares, mikes. Brad. epidamiee. Wass or rkn provided that notice of tic conditions causing such delay is given to [be Purchaser within five (5) days of the Time when the Sells, first received knowledge therm(. In the event of any such delay, the date of dcfivery Mall be extended for the pried equal to the time actually lest by reason of the delay. 5. WARRANTY. The Seller wv...in has all goods, i ni,im materials and work ceveml by this mdcr will canfam with applicable drawings, specificotion, samples and/or other description given, will be fit far the purposes intended, and performed with she highest degree of ore and crmpretoce in accordance with accepted xlandmd for work of a similar nature. The Seiler agrees to hold the purchaser herders fmm any less. danlage or expense which the Purchaser may suffer or inem on attoum of the Scllcrs branch of warranty. The Seller shall replace, mT pir or make good without cast to the purchaser. any defects or faults arising within n re (1) year or within such longer period of time as may be psemribed by law of by the corms of any applicable warranty provided by she Seller one, tic dam of acceptance of the goods furnished hercunda (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumixhed by she Scllcr. Acceptance or use of gads by the Purchaser shall not cones item a waiver ofany claim undo this vvananry. Except as otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend 1. all dsmagna pesimaely caused by the breach of any of,hc forcgaing wanamies or guarantors, but such liability shall in no event include log offini or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. d. CHANGES IN LEGAL TERMS. The Purchuer may make changes I. legal moms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal scorns, including addition to or deletions from the gmmisica originally ordered in the somiOc.Jrm or drawings, by verbal o written change mdcr. If any such change a@cis the amount due or the time arperfineranec hereunder, an equitable adjustnmm shall he nmde. 6. TERMINATIONS. The Pumhaar may at any time by written chance order. terminate this agreement as to any or all portions of the grad then ant .shipped subjc.s many eq.ilabk adjustment krwen the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claim for anticipated plants on the uncompleted portion of the good and/or uoh. for incidental or consequential damages. all that no such adjustment be made in favor of the Scllcr with rcsper m any goods which are the Scllcrs standard stork. No such rcer motion shall relieve the Purchaser or the Scllcr ofany of their obligations n to any goods delivered hercundct. T. CLAIMS FOR ADIUSTM ENT. Any claim roar adjustment must he asserted within shim p01 days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Scllcr warm that all goods sold h ncoMa shall have been produced, sold. delivered and famished in strict compliance with all applicable laws and regulations to which the goods am subjcm. The Seller shall execute and cidncr such documents as my be required to effect of evidence compliance. All laws and regulation required to be incorporated in agreements of this character arc hereby mmrpnmted herein by this inference. The Seller ngrecs to indemnify and hold the Purchaser hamdcss fmm all cob and damages suffered by the Purchaser re a result of the Scllcrs failure tocomply with such law. 9. ASSIGNMENT. Neither parry shall assign. teribi or convey this order. or any ninnies due arm bcxmma due hereunder without the prior ormen clamant of tic other parry. 10. TITLE. The Seiler warrants full, clnr and unre rived tide ro the Pumhiar f all equipment. mmrials. and item fbmivhcd in performance of this ornement, free and clear of any and all liens, restrictions. reservations, sccusiry IntoenT cncumbmrrccs and daim f.there. The Seller Mall release the Purchaser and its centracors of any tier from all liability and claims of any nature resulting flours the performance of such work. This release shall apply even in the event of fault of negligence of the any rvlc..d and shall extend I. the directors, officers and employees of such party. The Scllces contractual obligations. including warranty, shall not be deemed to be reduced. in any way, because such work is performed fir caused to k performed by she PurcMser. Id. PATENTS. Whenever the Seller is required to use any design. devise, material or emcees covered by letter. patent. trademark or copyright. the Seller shall indemnify and save hamilcss the Purchaser from any and all claims for infringcesem by ranwn of the use of such patented design, device, material or process in connection with the contract. sand shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan theroof or the intended use of the goods, is in such wit kid to consumer infringement and the use of said equipment or pan is enjoined, the Seiler shall. at its awn expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pan, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankropt, make an assignment for the benefif of creditors. appoint a receiver or mutce for any of the Sellers property, or business, this order may forthwith be canceled by the Purehaacr without liability. 16. GOVERNING LAW. The definitions arteries used or the in¢mamtion of the agreement and the rights of all parties hereundca Mall be co seemed under and governed by the laws of the State of Colorde. USA. The following Additional Conditions apply only in cases where the Seller is in Perform work hereenda. including the services of Scllcrs Rcpresenmtive(s), on the prcmiscs nfmhefs. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellces own risk until the more is Polly cumplcred and accepted. and shall, in case of any accident, destruction or injury to the work adior materials before Seller's final completion and aeccp imec, rmplote the work at Sclices own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others fen installation or creation by the Seller. the Scllcr shall receive. unload, store and handle sonic at the site and become nisTonible therefor as though such materials and/or equipment were being TurnisheJ by the Seller under the mdcr. 19. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers corapenmtion, including ocamational diseaac benefits so its employees employed on or in connection with the work covered by this purchase odes. and/or to their dependents in aecprdumce with the laws of the state in which the work is to be done. The Seller shall the carry compmhensivc general liability including. but not limited to. contractual and automobile public liability insummc wish bodily injury and death limits oral last S300.00to fm any one prawn. S500,00() for any one accident and properly damage limit per accident of 5d00.pID. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall unary work upon the prcmiscs of aka, the Scllcr shall fumish the Purchacr weigh m ccnlficam that such compenmtion and insurance have been provided. Such certificates shall specify the date when such ompenmsioe and insurance have been provided. Such cenili ales shall specify the date when such enmpenx.tion and insumncc expires. The Sellcrm Chas that such mmpensuion and inurance shall be maintained until aver the entire work is compkted and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. Inca or injury ofany kind or nature wharamar ro prison or neapcny..ussit by or resulting form the c.ss.tion'nfthc work provided far in this purchase role, or in ennactinn herewith. The Seiler will indemnify aid hold hamsless the Purchaser and any r all of the Purchasers officers, agents and employees fmm nod against any and all claims, losses, damsgcs. charges or expenses. whether direct or indirml, and whether to person or p uperry to which the Purchaser may be ptn or subjmt by reason or any set action, neglect. amiuka or default on the pan critic Sells, any of his contractors, or any of the Sellers or contractors officers. agents at cmployccs. In one any suit or other proceedings shall be brought against the Pttmhoser, act its olBcen, agents or cmployccs tat any rime on account or by mason ofany act, action, neglect. omission or dcfwlt of the Seller of any of his contractors or any of its or their orficcts. agents or employees as aforesaid, the Seiler hereby agrar to assume she dcfcnsa thereof and to defend the same a, she Sellers own expense, to pay any and all cots, charges. anomeys (ices and othr expenses, any and all judgments that may be incurred by or ahtained against the Porchaur or any of its of their officers. agents or employees in each suits or other pmccedings. and in case judgment or other lien be placed upon or obtained against the pmpcny of the Purchaser. or said panics in or as a result ofsuch suits or either pmc ediri; , the Seller will to nfee cause the same to be dissolved end discharged by giving boll or otherwise. The Seller and his contractors shall take all safety precaution, furnish and install all guards mcessmy for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Sxrny and Hcalih Aa of 1970 and all rules and regulasion issued pursuant therein. Rcvind 0312010