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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9122718Fort Collins Date: 05/10/2012 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER Colorado 80239-2029 PURCHASE ORDER PO Number Page 9122718 11OT2This 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: 05/09/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6726-4200 200A, 5-way junction 08H4 EA 939.0000 5,634.00 JUNCTION, 5-WAY WELL, 200A, 8.3LG/14.4LL, 100% PEROXIDE CURED INSULATION, STAINLESS STEEL BRACKET WITH TILT MOUNTING ADAPTER, 2 PARKING STANDS, WITH 2 -1/2" X 13 NC THREAD 7/16" DEEP GROUND NUTS WELDED TO EACH SIDE OF THE LOWER FLANGE OF THE MOUNTING BRACKET, EACH JUNCTION TO BE INDIVIDUALLY PACKAGED ELASTIMOLD, J5-22222-15-CS1174; Delivery 8weeks Per quote from Pat Meyer dated May 3 2012. 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 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 L COMMERCIALDETAILS. Tax exemptions. By .xmhne the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAI VCR. 9S-1W502. Federal Excise Tax Exemption Cerritieate of Registry 84-6000587 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). ....cite 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 goods hereunder or approval of the design, shall not release the Sellerof Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties 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 he replaced except upon receipt of written purchaser to insist upon strict Performance hereofor any of its rights or remedies as to any such goods, regardless instruction form the City of Fort Collins. of when shipped. received or accepted, as to any poor or subsequent default hcramder. not shall any purposed on] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. mnhorn,ed payment on the pan of the City of Pon Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from totitust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Pnrchascr. Theretofore, for good cause and as consideration for executing this purchn,e order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herca0cr Freight Tema. Shipments must be F.O.B.. City of Fort Collins, 700 Word St., Fen Collins. CO 80522, unless acquired under fedeml or state antitrust laws for such overcharges riming to the particular goods or services otherwise specified tan 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 must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuffictumm have distributing points in rations pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nervesa distribution point to dea aation, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater contact. may cause the work to be performed by the most expeditious means available to it and the Seller .shall pay nit cost a,soci led with such work. Permits. Seller shall procure at sellers talc cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and tales of the state, municipality, tcnitory or political subdivision where the work is performed, or required by any o other duly ensrimted 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 asserted or established violation of any such Incas, regulations, ordinances, rules and requirement. Anthorizm en. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Pumhasc Order espoessly limits acceptance to the tams and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and eandirions proposed by seller are objected to and 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 rifting essence. Delivery and perfomanee most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial 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 ofplacing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond it reasonable control and without its fault of negligence. such acts of God. acts of civil or military amhoritics. governmental priori tics, fires, strikes, flood, epidemics, wars or Tints provided that notice of the conditions causing .such delay is given to the Purchaser within fire (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of dcl ivory shall be extended for the period equal to the time acmes lly last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, 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 Inrposes intended, and Performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamny, The Seller shall replace. repair or make good, witcast to cto the purchaser, any defects or faults arising within one 0) year or within such longer period of time as may be prescribed by law or by the wants ofany applicable %arreny provided by the Seller a0cr the date of acceptance of the goods famished hereunder (acecpranee not to be unreasonably delayed), resulting fro imperfect or defective work done Or materials famished by the Seller. Acceptance or use of grad by the Purchaser shall not eorimte a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing svarmntin or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERNIS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal toots, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due Or the time ofperformance hereunder, an equitable adjustment shall be made. 6. 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 tr any equitable adjustment bdween the parties as to any work or materials then in Progress provided that the Purchaser shall not he liable for any claims for anticipated prams on the uncompleted portion of the grads and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any grads which are the Sellers standard stock. No such termination shall reline the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller seaming, that all goods sold hercundn shall have been produced, sold. delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Pareharer harmless form all costs and damages sulfcred by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, confer, or convey this order. or any monies due or to become due hereunder without the poor written consent of the other parry. 10. TITLE. The Seller womms full, 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 re,tricliers. reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its commdors of nay tier from all liability and claims of any nature resulting gram the performance ofsuch work. This release shall apply even in the event of fault of negligence of the par released and shall extend to the directors. officers and employees of such par. The Seller's comradual obligations. including warranty, shall not be deemed to be reduced, in any way, because soh work is perforated or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seiler is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seiler shall indemnify and save hamlets the Purchaser form 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 test expense or 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 part thereof or the intended use of the goods, is in such snit held to constitute infringement and the nine of snid cquipmcnt or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pnrchascr the right to continue using snid equipment or parts, replace the same with substaptially equal but noninfringing equipmenl, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors. appoint a receiver or tmA[e for any of the Sellers pmperty or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used on the interpretalion ofthe ngrec ncal and the rights of all panics hereunder shall be construed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Rep escnfative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry On said work nt Sellers own risk until the same is fully completed and accepted, and shall. in case of any accident, destmction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Settees own expense and no the satisfaction of the Purchaser. R'hcn materials and epopmctd arc famished by others for installation or erection 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 Seller under the order. IS. INSURANCE. The Seller shall. at his own expense. pmvide for the payment of workers compensation, including occupational disease benefits, In 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 automobile public liability insnrnace with bodily injury and death limits of it least $306.000 for any one person, S500,000 for any one accident and property dnmagc limit per accident of S400,000. The Seller shall likewise rcgnire his contractors, it any, to pmvide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prcmiscs of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date whim such compensation and insurance have been provided. Such centific tcs shall specify the date when such compensation and insurance expires. The Seiler agrees that such compensation and imeminee shall be maintained until after 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 minty of any kind or moor whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase onlcr or in connection hcrewilh. The Seller will indemnify and hold hamlets the Purchaser and any or all of the Purchasers officers, agents and employees from rand against any 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 subject by reason of any act, action. neglect omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors oRecrs, agents or employees. In case any suit or other proceedings shall be brought against the Pnrchascr, 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 of any of his contractors or any of its on Ihcir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers man expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained agninst the Purchaser 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 Purchaser, or said panics in or as a result of such suits or other proceedings. the Scllcr will nl once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including. but without limitation, the Occupalional Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 03/2010