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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9121294City of �,.Fo_rt Collins Date: 03/05/2012 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER Colorado 80239-2029 PURCHASE ORDER r PO Number Page 9121294 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: 03/05/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 7503-1002 10000 2412 UG ST.LT Jket Cable 75031002 FRONT CABLE, UNDERGROUND, 600V, COPPER STREETLIGHTING 2412 SOLID OF-B (NO GND WIRE) INDIVIDUAL CONDUCTORS SHALL BE ANNEALED COPPER, PVC JACKETED AND COLOR CODED FOR IDENTIFICATION THE OVERALL CABLE SHALL BE JACKETED WITH SUNLIGHT, MOISTURE AND FUNGUS RESISTANT GREY PVC. CABLE SHALL MEET OR EXCEED UL STDS. 83 & 493, FEDERAL SPEC. J-C-30B AND REQUIREMENTS OF THE NEC. SHIP ON N/R REELS, 1000 FT./REEL Delivery: Factory Stock Per quote dated 2-2-2012 Pat C3. Oi'1::n2� 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 FT .5900 Total Invoice Address: 5,900.00 $5,900.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamtc the City of Fnn Collins is exempt fmm state and local taxes. Our Exemption Number is 98-0N502, Federal Excise Tax Exemption Ccnjftcae of Registry 94.W00597 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Strauss 1973. Chapter 39 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet xpccificetione, either whim 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 instructions fmm the City of Fort Collins, Inspection. GOODS arc subject to the City of Fart Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist ,Pon strict perfnmance of the terms and conditions hereot', failure or delay to exercise any rights Or remedies pmvidcd herein or by law, failure, to promptly notify the Seller in the event arm breach, the acceptance ofor payment for goods hereunder Or opponent of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall nol be deemed a waiver of any right of the purchaser to insist upon strict performance hercefor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsegncnt default hereunder, not shall any purported oral modification or raeixsion of this purchase enter by the Purchaser operate as a waiver of any Of the terms hereof Final Acceptance. Receipt of the mcrehxnd,s. 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. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofell applicable requited inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for cxccoting this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hacafter Freight Terms Shipments must be F.O.H.. City of Fun Collins, 7fX) Wood St. Fan Collins, CO 90522. unless acquired under federal or state antitrust laws for such ovcrehargce relating to the particular good or services mhcrwjse 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 most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is Ifthe Putchaserdirects the Scllertoeorrect nonconfominger defective goods bya date to be agreed upon bythe aspired fmm the firmest distribution point in destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller therczicr indicates its inability or unwillingness IO comply, the Purchaser shipments arc made from greater distance. may cause the work to be peromted by the most opci ititntx means mailable to it and the Seller shall pay all costs associated with such work. Pcrmim Scllcr shall procure at sellers sets cost all necessary Permits, cenificatcs and licenses required by all applicable laws, regulations, ordinances and talcs rifting state, municipality, territory or political suMlivision where the work is perfomcd. Or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller (bnher agrees to hold the City of Fort Collins harmless from and against all liability and loss inured by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Auth irintion. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete autlew it, to bind slid parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fifth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different cants and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLFASE ADVISE, PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive no 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 attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other Icgel and equitable rcmnlies, the option of placing this order el'ovinm and holding the Seller liable for damages. However. the Seiler 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 of negligence, such acts of Gnd, acts ofeivil or military authorities. gnvemmcmal priorities, fires, strikes Rood, epidemics, seas or riots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days Of the time when the Seller fist received knowledge thereof. In the event array such delay, the date of delivery shall be extended for the period equal to the time actually Inn by rcasnn ofthc delay. A. WARRANTY. The Seller warmem that all goad, articles, materials and work covered by this order will conform with applicable drawing., 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 fmm any Inns, damage or expense which the Purchaser may suffer Or incur na account of the Se11ers breach of wamnty. The Scllcr shall replace. repair or make good, without Best to the purchaser, any defects or faults arising within nee (1) year or within such longer period of time as may be prescribed by taw or by the Isms of any applicable warranty provided by the Seller filler the date of acceptance of the goods fumishcd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim tinder this wamnty. Except as otherwise provided in this purchase order, the Sellers liability, hereunder shall extend In all damages Prematurely caused by the breach of any of the foregoing wamntics or guarantees. but such liability shall in no event include loss ofpmfits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms. othor than legal terms, including additions to or dcletinns fmm the quantities originally ordered in the speeifiwtimps or drawings, by verbal or wrincn change order. If any such change affects the amount due or the time ofpmfornrancc hereunder. an equitable adjumnical shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mropinam this agreement as to any or all portions of the goods then not shipped, subject to any camitable adjustment between the panics as to any stork or materials then in progress pmvidcd that the Purchaser shall not be liable or any claims for anticipated profits on the uncompleted pinion ofthe goods and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to nny good which arc the Sellas .standard stock. No such termination shall relieve the Purchozcr or the Seller of any Of their obligations as to any good delivered hercundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is odcmd. S. COMPLIANCE WITH LAW. The Seller ,,amats 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 Imes and regulations required to be incorpomted in agacements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hnmlcm from all costs and damages suffcrcd by the Purchnscr 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 bceomc due hereunder without the pnorwritten consent of the other piny. 10. TITLE. The Seller mamas full, clear and unrestricted title to the Purchaser for all equipment, materials. and items famished in performance of this agreement, free and clear Of any and all liens, restrictions, reservations security interest cncumbmnces and claims of olhces. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the perfr mmue, of such work. This release shall apply cecn in the event of fault of negligence of the party released and shall extend to the directors, officer; and employees of such Party. The Seller's contmctnnl ohligatione, including wamny, shall not he 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 ese any design, do -ice, material or process covered by Hotter, pmcnt, trademark or copyright, the Seller shall indenmify and save harmless the Purchaser fmm any and all claims for infringement by rcasnn 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 reason ofsuch infringement at any time during the Proxeculinn nr filar the eomploino 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 part is enjoined, the Seller shill, at its men expense and at its option, either procure for the Pnrehascr the right to continue using said equipment or Trans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringtng. 15. INSOLVENCY. If the Seller shall b000me insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or mastic for any of the Sol lets property or business, this order may forthwith he canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions eftcrms used or the interpretation ofthc agreement end the rights ofall panics hercundcr shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder. including the services Of Sellcrs Rcp¢scntntivc(s), on the premises efodmis. 17. SELLERS RESPONSIBILITY. The Seiler shall carry On said work at Scllds 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 Sellers Final completion and acceptance, complete the work at Sellers own expense and to the mtisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or creation 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 Seiler under the order. pg. INSURANCE. The Seller shall, at his own expense, provide for the payment of worker compensation, including occupational disease bcncGs, to its employees employed me Or in connection with the work covered by this purchase order. andfor to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury fad death limit of at least S300,000 for any one person. S500.17M10 for am' one accident and property damage limit per accident of UOO.WO. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumnec. Before any of the Sellers or his contractors cmployvcs shall do any stork upon the pm rises ofmhcm. the Seller shall famish the Purchnscr with a certificate that such compensation and insurance have been pmvidcd, Such eenificatos shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the dole when such eonepeneaLion and insurance expires. The Seiler agrees that such compensation fad insamnec shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any end all damage, loss or injury ofntiv kind or nature whatsoo re to per, or property cursed by or resulting fmm the execution of the work pmvidcd for in this purchase odcror in connection herewith. The Seller will indemnify and hold harmless the Purehaxo and any r all of the Purchases ofice¢ agents and employees from and against any and all claims, losses, damages, charges or expenses. whether direct or indirect. and whether In persons or property to which the Parchn.mr may be put or sahicet by reason of any Oct. action, neglect Onr§sion or deoult On the pan of the Scllcr, any of his connectors. or any of the Sellers or contractors officers, agents or employees. In case any suit Or other proceedings shall be brought against the Purchnscr, or its officers. agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller ofany of his enntreetom or any of its or their offices, agents Or employees as aforesaid, the Seller hereby ngrccs to assume the Icfcnsc thcrenf and to defend the same at the Sellers own expense, in pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtninaf against the Nirchoser or any of its or their offerers. agents or croployces in such suitx or other Proceedings, and in case judgment or ether lien he placed upon or obtained against the PuTi ny of the Purchnscr, or said parties in (it as a result of -such suits or other proceedings, the Seller will at once cause the sane to he dissolved and dischmged by giving bend or otherwise The Seller and his contractors shall take all safety precmdions, furnish and install all guards necesmry for the prmemion of accidents, comply with all laws and rcgulntions with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereat. Revised OM2010