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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9123285City of /10' , or_t Collins Date: 06/08/2012 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER Colorado 80239-2029 PURCHASE ORDER PO Number Page 9123285 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 y"a ( VkvQ e,,- a I va sip fv cci - Delivery Date: 06 7/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6726-4199 200A, 4-way junction 67264199 08F2 JUNCTION, 4-WAY, 200A CONTINUOUS, 200A SINGLE PHASE AND 3-PHASE LOADMAKE/LOADBREAK, 8.3LG/14.4LL, WITH THERMOSET ARC -QUENCHING MATERIAL, 100% PEROXIDE CURED INSULATION, AND COPPER CURRENT CARRYING COMPONENTS, STAINLESS STEEL CONSTRUCTION WITH ADJUSTABLE BRACKET, 2 PARKING STANDS, WITH GROUND NUTS 1/2" X 13 NC THREAD 7/16" DEEP ON EACH SIDE OF LOWER FLANGE OF BACK PLATE, EACH JUNCTION TO BE INDIVIDUALLY PACKAGED ELASTIMOLD, 164J4-CS1090; 9u^_� 13. Or1L� LF_ 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 100 EA 225.0000 22,500.00 Total $22,500.00 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. COMMERCIAL DETAILS. Tax exemptions. By .statute the City of Fort Collins is exempt from state and Ioe9 taxes. Our Exemption Number is 11. NONWAIVER. 98-174562. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict peformanee of the terms and conditions hereof. failure or delay to Intcmal Revenue. Denver, Coleman (Ref Colorado Revised Storages 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Scllcr in the event of a breach, the .icarnance of or payment for goods hereunder or approval of the design. shall not release the Seller of Goods Rejected. GOODS REJECTED duc to failure to meet specifications, either what shipped er duc to defeats Of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rammed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict perfommnee hercnf Or any efiL rights or remedies as to any such goods. regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hacof. 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. However, it is to be understood that FINAL. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion Mall applicable required inspection procedums. violations arc in fact home by the Purchaser. Theretofore, for good 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 most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO R0522, mile," acquired under federal or state antimist laws for such overcharges relating to the particular goods or services otherwise specified on this order. If parnission is given to prepay freight and charge sepam(dy, 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 manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good" by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller themaftcr indicates it, inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all csa aarcimed with surh work Permits. Seller shall procure at "atlas sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinance% and rules critic state. municipality, territory or political suh division where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funhcr agrees to hold the City of Fort Collins harmless front and against all liability and loss incurred by them by reason of an asserted or csiablishcd violation of any such laws, regulations, ordinances rates and requirements. Authorization. All panics to this comosel 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 1. the terms and conditions stated hacia sag fonh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m arrive oa 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 haste. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay. the purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hewewer. the Scllcr shall not be liable for damages as a result of delays duc to causes not reasonably foreseeable which are beyond its reasonable control and without its fault Ofnegligence, such acts of God, acts ofeivil or military authamics, governmental priorities, finis, strikes flood, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days M the time when the Seller first received knowledge thereof. In the event crony 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 good, articles, materials and work covered by this order will cantonal with applicable dmmings. specifications, samples and/err other descriptions given, will be fil for the purposes intended, and performed with the highest degree of cam and competence in necordmie, with accepted standards for walk or n similar nature. The Seller agrees to hold the purchaser hamlcm from any Isms, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamniy. The Seller shall replace, repair or make good, withOrd cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms crony applicable wamnN provided by the Seller tificr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiva stringy claim under this aamnty. Except as Otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofanv of the foregoing %aunties 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. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to The terms. other than legal terns, 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 duc or the time ofpaformance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchawr may at any time by written change order. geminate this agreement as to any or all portions of the gaud then not shipped, subject to any equitable adjustment between the panics as to any work or material then in pmgmss Provided that the Purchaser shall not be liable for any claims for anticipated 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 Seller with respect to any grog which ore the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony ofthcir obligations as to any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lermination is collard. R. COMPLIANCE WITH LAW. The Seller wamnts 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 goods are subject. The Sella shall execute and deliver such documents as maybe requited to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchascr as a result of the Sellers failure m comply with such law, 9. ASSIGNMENT. Neither Pony shall assign, transfer. or convey this order. or any monies dire or to become duc hereunder Without the prior written consent of the other pant. 10. TITLE. The Seller wamnts full, clear and unrestricted title in the Purchaser far all equipment. materials. and items furnished in perfommace of this agreement. free and clear of any and all liens, m,a fictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchascr and its contractors crony tier from all liability and claims of any nature resulting front the performance nfsuch work. This release shall apply even in the m'ent of fault of negligence of the party released and shall extend to the directors, officer; and employees oflnch party. The Seller's comraetuol obligations. including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchascr. 14. PATENTS. llTcncver the Seller is required to use any design, device, material or process covered by Icier, patent, trademark or aopyeight the Seller shall indemnify and save ham less the Purchaser from any and all claims for infringement by reason of the use of such palemed design, deice, 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 Of such inliimgemcnl at any time daring the p,Oscriamn or after the completion of the work. In case said equipnwnt Or any part thereof or the intended use of the goods, is in such sail held to constitute infringement and the use Of ,said equipment or pan is enjoined. the Seller shall, at its men expense and at its option, citha procure for the Purchaser the right to continue using said equipment or parts, replace the same with saktantially equal but noninfringing equipment, or modify it so it becomes nominfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business. this order may forthwith he canceled by the Purchaser without liability, 16. GOVERNING LAW. The dcfinilions of terms used or the interpretation oflhe agreement ,tad The rights ofall panics hereunder shall be construed under and governed by the laws of the Stott Of Calomdo, USA. The following Additional Conditions apply only in cases where the Seiler is In Perform Work hereunder. including the xasices of Scllcr" Ri Pmsentotive(s). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case Of any accident, dextmetimn or injury to the work and/or materials before Seller's final completion and acceptance. complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are Finished by others for installain t or erasion by the Seller, the Sclla shall receive, onlond, store and handle .same at the site and booms responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oarmational disease benefits, to its employees employed on or in connection with the work covered by this purchase aide,. and/or to their dependents in accordance with the Ims:s of the state in which the wort: is to be done. The Seller shall also tarty eompmhen%ive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast S300,WO for any one person. S500,000 Ivor any one accident and Property damage limit per accident of S400.000. The Seller shall likewise requite his contractors. if any, to provide for such compensation and insurance. Before any of The Sellers or his contractors employees shall do any work upon the premises of mhas. the Seller shall furnish the Purchaser with a catificmc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnee have ban provided. Stich catificams shall specify the date when such compenmiion and inaumaca expires. The Seiler agrees that such compensation and insurance shall be maintained until after the entire Work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibilityand liability fro nny and all damage. loss or injury crony kind or nature Whatsoever to Parsons or pmpertv caused by or resulting from the exaction of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdesv the Purchaser and any or all of the Purchasers offrcem. agents and employees from and 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 suhjeet by reason of any net. nction, neglects omission or default on the pan Of the Scllcr, any Of his contractors, or tiny of the Sellers or contractors officers. agents or employees. In ease any suit or other Proceedings shall be brought against the Purchascr, 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 M his contmdors or any of its or their officers, agents or employees as tifon crid, the Seller hachy ngtecs to assume the defense thereof and to defend the same at the Sellers own expense, To pay any and all costs, charges, allomeys fees and other expenses. uny and all judgments that may be iocuncd by or obtained against the Purchascr or any of its or their omcas. agents or employees in such suits or other proceedings and in ease 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 Seller Will at once use the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety prccaulinns. furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard In safety including, hot without limitation. the Occupational Saferyand Health Act of 1970 and o11 odes and regulations issued pursuant thereto. Revised 03/2010