HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9131142Fort Collins
Date: 02/2712013
Vendor: 102795
WESCO DISTRIBUTION INC
11333 E 55TH AVE UNIT A
DENVER Colorado 80239-2029
PURCHASE ORDER
PO Number Page
9131142 1of3
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: 02/27/2013 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
6771-7658
cold shrink seal for #241/0
500
07C2
SEAL, COLD SHRINK, 0.40" 0.82" DIAMETER RANGE,
FOR USE ON #2 #1/0 AWG SECONDARY SPLICE CONNECTIONS
3M, CS2-1/0;
2 6771-7660
cold shrink sealfor#2/0-#4/0
07C2
SEAL, COLD SHRINK, 0.55" - 1.18" DIAMETER RANGE,
FOR USE ON #2/0 - #4/0 AWG SECONDARY SPLICE CONNECTIONS
3M, CS2/0-4/0;
Delivery: 2-3 Weeks
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
EA 9.5500 4,775.00
EA 9.7500 8,775.00
Total $13,550.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
� Fart Collins
PURCHASE ORDER
C3. Oi'laAs4,�
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
PO Number Page
9131142 2of3
This number must appear
on all invoices, packing
slips and labels.
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
1. COMMERCIALDETAIIS.
Tax exemptions. By statute the City of Fort Collins is exempt (rain slide and Local nixes. Our Exemption Number is 11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Cedificate of Registry 84-600058T is relis¢red with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe terms aM emditiom behalf, failure or delay to
Informal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26, H4 (a), exercise 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 lot goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected GOODS RFJECTED due,. failure to meet specifications, either when shipped or due to defects of any of the warranties err obligations of this purchase Omer and shall not be deemed aiwaiver of any right of the
dmnage in transit, may IN returned,. you for credit and are not to be Produced except upon receipt Of written pttrchasa to insist upon,.rid performance hereoforany .fits rights or remediesas to any such goods,regardless
imrmalinns from the City Of Pon Collins of when shipped received or accepted as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a err of any Of the te
Insple ion. GOODS are subject,. the City of Pon Collins inspection on anneal. hereof waive,
Final Acceptance. Receipt of the merchandise, services or equipment in mspeno, to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS,
authorized payment on the pan of the City of Pon Collins. However, it is to be understood Ihat FINAL Seller and the Purchaser recognize that in actual economic practice, Overcharges resulting from atnioust
ACCEPTANCE, is dependent upon completion PLOT applicable required inspection pmcedur,e. violmionl are in fact Nome by due Purchaser. Theretofore nforr good rouse and as considendon for executing this
pinches, omen the Seller hereby aasigw m the Pashas, any and all claims it may now have or hareef r
Frcigln Tema. Shipments must he F.OJL. City of Fiat Collins, 70U Wood St. Too Collins, CO 90522, unless acquired under federal Or able ani icher laws for such overcharges minting to the particular goods or services
Otherwise specified era this order. Ifpermmobim is given do prepay freight and char,, wpamrely, the original freight purchased Or arquited by the Parchron Pon., Io this Reachme order.
bil I must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing in,. in vair.., p:ms of the country, shipment is
expected from the nearest dionlalion point to destitution, end excess freight will be deduced from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cast ill nee awry permits, certificates end licenses required by all
applicable laws, aural. ions, oinitiatives and miles ofrhe state, municipality, territory or political subdivision where
the work is performed, or acquired by any other duly constituted public authority having,nsdiction 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 assered or established violation of any such laws, regulations, on iwnces, rules
and mquirements.
Authorimtion. All parties to this contract agree that the representatives are, in fact, bona file and possess full and
complete authority in bind said panics.
LIMITATION OF TERMS. This Purchase Older expressly limns acceptance to the tents and conditions anted
herein act fnnh and any. supplementary or additional terms and conditions annexed beret. or incorporated hertin by
b koritca. Any additional or different mmns and conditions proposed by seller are Objected to and hereby recited.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Ifyou cannot make complete shipment to arise on year
promised delivery date as noted. Time is Of the essence. Delivery and performance most be effected within the time
stated on the purchase Omer and the documents mtached here,.. No acts of the Purchaars including, without
limiation, acceptance of partial lam deliveries, shall operate as a waiver of this provisionn in the event of any delay,
the Purchaser shall have, in addition to other legal and equitable incomes, the option of placing this order elsewhere
and holding the Seller liable for damages. However, me Seller shall not be liable for damages as a result of delays
due to causes rod invariably foreseeable which are beyond its reasonable coniml and without its fault of negligence,
such acts of God, acts of civil or n ilirary authorities, governmental prionies, fires, strikes, Rood, epidemics, wars or
noes provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
lime when the Seller first received knowledge thereof In the event of any such delay, the date ofdehvery shall be
extended for the period equal to the time actually last by reason oftlm delay.
3. WARRANTY.
The Seller warrants that .116bad,, articles, mmeriads and work covered by this order will conform with applicable
drawings, specifications, samples teapot other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted s ommads for work or a
similar wturc. The Seller agrees to hold the purchaser M1aamless form any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the pmchaseq any defects or faults lensing within one (I) year or within such longer period of
time as may be proscribed by law or by the coma of any applicable warranty provided by the Seller after the alma of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or we of goods by the Purchaser shall not
isolate a waiver of any claim under this wa-1, Except as otherwise provided in this purchase oNer, the Sellers
ability hereunder shall extent to all damages proximately caused by the breach of any of the foregoing wanvnties
or guarantees, but such liability shall in no evene imlude loss of profits or loss of Pat, NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF I'ITNESS FOR PURPOSE SHALL APPLY.
4. Cl IANDES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may nook, any changes to the corms, other than legal comes, including additions an or demtimn from
the quantities originally ordered in the specifications or drawings, by verbal or women change orderif any such
change Officers the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may ed any time by written change order. terminate this agreement as to any or all Famous of the
goods then net shipped, subject to any equiubde adjustment between the p:mies ;is to any work or materials then in
progress provided that the Ruchzser shall rim be liable for :my vial... fir i revalued pmihs on the une.mpined
,,union a[ he .it, and/or work, tar Placental or consequential damages, trod that no such adjwmmnl be made in
River of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall rebove
the Purchaser or the Seller of any of their obdi,miow as to any gwks delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment meet Ix aseered within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Scllcr warrants the, all goods sold hereunder shall have hnn produced, sold, delivered and finished in strict
compliance with all applicable laws and regulations 10 which the goals are subject The Seller shall execute and
deriver such do... asmay be required to effect or evidence compliance. All laws and regulations required to be
corpoma d in agree ems of this ifferacer are hereby incorporated herein by this reference. The Seller agre
iadenmity .and bold the Purchaser ham le,, firm all costs and damages Buttered by fe oPurchases, as a result of the
Sellers denture to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, mansfen or convey this under, or env monies due or to become due hereunder without the
prior rotten consent of the other parry.
10. TITLE.
The Seller w.. full, clear and unmtriccd title ro the Purchaser far all equipment materials, and in. famished
in performance of this agreement fire and clear of any and all liens, antrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by tire
['.,,base,and the Seller end the Seller, thereafter indicates its inability or unwillingness to comply, the Purchaser
nay cause the work to be performed by the most exped'vians n cans availubde m it, and the Seller shall pay all
casts associated ,In such weak.
The Seller skill release the Purchaser and its contractors of any net from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fuel, of negligence of the puny released and shall enced I. the
directors, officers and employees ofsuch parry.
The Sellers <omraclwl obligations, including x'arranty. shall not be deemed to be reduced, in any way, because
such work is performed or caused to to Performed by the Purchaser.
14. PATENTS.
Whenever the Seller, is required,. use any design, device, material or process covered by letter, paten, trademark
c.pyri,ht, the Seller shall indcnnify and save harmless (lie Pumbaser from any and all claims lot infringement
by reason of the use of such patented design, device, material or process in connection with the ramrod, and
shall indemnify the Purchaser for any rival, 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 pan thereof or the rumored use of the goods, is in such if held an conmimm infrmiRmand and the use of
said equipment or pan is enjoined, the Seller skill, at its own expense and at its option, either Finnic for the
Purchaser the right to continue using said equipment or pans, replace the same with subsrantiaRy egml bud
noninfinging equipment, 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 trustee for any of the Sellers plu my or business, this order may forthwith be conceded by the
Purchaser without liability.
16. GOVERNING LAW.
'Me definitions of temrs card or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the Some of Colorado, USA.
The following Additional Conditions apply only in show, awn, the Seller is to perform work hereunder
including the sank,, of Sellers Repreamen ve(e), on the premises of often.
17. SELLERS RESPONSIBILITY.
The Seller shall carry, on said work at Sellers own risk until the same is fully eompletod and arental and skill,
in case of any accident, destruction or injury in the work and/or mammals before Sellers fiwl completion and
acceptance, complete the work at Sellers 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 aceive, unload,
rare rod handle same m Ibe she and become responsible therefor us though such materials rumm, equi,r ant
were being femisbed by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed an or in connection with the work covered by this p roulax Order,
andam to their dependents in accordance with the Laws of the state in which the work is to be done. The Seller
shall also chary comprehensive general liability including, bet rat limited,., comraerwl and automobile public
liability insurance with bodily injury and &orb limits of at least S300,000 for any one person, S500,000 for any
ccident and properlydistributor, limit per accident loo of SmOd, The Sell,, shall Iikcivise require his
cammcmrs, 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 others, the Seller shall famish the Purchaser with is cenifed,
that such compensation and insurance have been provided. Such cenificnms shall specify the data when such
compensation and insurance have been provided Such certificates shall specify the date when such compensation
and iounma expires. The tieller agrees that such compensation and insurance shall be maintained unlit oath,
entire work is completed and ncaeenl.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby resumes the entire responsibility and liabil iry for any and all damage, loss or injury of any kind
or re w'haremo er to persons or prop,ny caused by or resulting from the execution of the work provided for in
this purchase order m in eonnmlirn herewith. The Seller will inhmnify and hold hmmiess the Pmchas,r end any
r all of the Purchasers ofBcars, .,ants and employees cam PM against any and all claims, lasses, dimal
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, anion, neglect, omission or default on the pan of the Seller, any of his
contractors, Or any of the Sellers Or contractors officers, agents or employees. In case any and or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any lime on account ar
by reason of any act, aChun, neglect, omission or default ofthe Seller of any of his contractors or any of its Or
their olEcers, agents or enploycc, as aforesaid, the Seller hereby Pierces 10 assume the defense thereof and ,.
defend 0e same at the Sellers own expense,,. pay any and all costs, charges, anameys 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 proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchaser, or said probes in or us a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond m mhermse. The Seller it
his mmmnors shall take all safety premature, fimrish aM install all guard maeser, for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation the
Occupational Safety and Health Act of 1970 and all hales and regulations issued pursuant theme.
Raised 0312010