HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9141558PO
PURCHASE ORDER 914155er Page
City. of PURCHASE
1558 t of z
' `t Collins/ his number must appear
\� "' 1 on all invoices, packing
sli s and labels.
Date: 03/14/2014
Vendor: 102795 Ship To: UTILITY SERVICE CENTER - WA
WESCO DISTRIBUTION INC CITY OF FORT COLLINS
11333 E 55TH AVE UNIT A 700 WOOD ST
DENVER CO 80239-2029 FORT COLLINS CO 80521
Delivery Date: 03/13/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 7513-1175 70 CL 104.0000 7,280.00
#4 strd, cu bare grnd wire
CONDUCTOR, GROUNDING, COPPER, BARE #4,
7 STRD., SOFT DRAWN, SHIP ON N/R REELS,
200' PER REEL. +/-25'
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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 $7,280.00
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
I. COMMERCIAL DETAILS.
Tax exemption. By statute the City of For, Collins is exempt from stare and local taxes. Our Exemption Number is
98a)4502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 a registered with the C011ecmr of
Internal Revenue, Drover, Colorado (Ref. Colorado Rivard Shares, 1923. Chapter, 39-26. 114 (a).
Good Rejected, GOODS REJECTED due to failure to meet sp. fication, either when shipped err due to defects of
damage in transit, may be minimal to you for credit and are rut to be replaced except upon receipt of wanum
instructions from the City of Pon Collins.
Inspection. GOODS are subje d to the City of Fort Collin itspeetion on arrival.
Fiber[ Acceptance. Receipt of the mercluMise, services or atuip rant in response to this order can result in
ambntbed pa,.air on the part of the City of Fan Collin. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Tenn. Shipments must M F.O.D., City of Fort Collins, 700 Wood St, Fair Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment DLvlawa Where mmmmemors have distributing points in venous pans of the amm,, shipment is
expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when
shipments arc node from greater distance.
I I. NON\VAIVER.
Failure of the purchava a insist upon inner pabons. of the terms and condition hereof, failure or delay a
ormich,
any rights or remedies provided herein or by bur, failure to pmmptly notify the Sella in the ream of a
breach,the arc Ttame ofor trimmed fro gaols hereunder or approval ofae design, shall tat release the Seller of
any of the warranties or obligations of this purchase order and shall not M deemed a waiver of any right of the
purchaser to insist upon inner performance hea mfor any of its sights or remedies res m any such good, tegaNless
of when shipped, tee ived or accepted• at to any prim or subsequent default hereuodia, nor small any puryorted
oat modification or mocission of this purchase maker by the Procreator oparete as a waver of any Of the terms
bereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser rmognim that in exact economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchna. Theretofore, fro good came and as consideration for examing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or smm antitrust laws for such ovemM1mgn relating to the particular goads or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella in correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella. and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cane the work to be performed by the most expeditious mean available to it, and the Seller shall pay all
costs assuciatN with such work.
Permit. Seller shall procure at sellers sole cost all necessary permit, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipulity, territory or political subabods tar where
the ..,it is performed, err required by any other, duly reanimated public authonty housing jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
.itincorrect by them by ream. of an asserted or established violation of any such laws, ce primion, ordinances, rules
requirements.
nuthoribru n. All parties to this aodrad agree ohm be repramand Ives are, in fact, bow Ode and possess full and
complete authosity to bind said lures.
LIMITATION OF TERMS. This Purchase Order expressly limit acceptance re the terms and conditions stated
herein act forth and mat supplementary or additional terms and condition mmexed barren, or incopacted herein by
refermce. Any additional or different terms and conditions proposed by seller are objected to and hereby rejertcd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to ararve on your
promised delivery date n noted. Time is of the essem-e. Delivery and performance must be effected within the time
stated on the purchase order and the document attached hereto. No ac6 of the Purchasers including, without
limitation, acceptance of partial late dehisoves, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shal I have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeoble which are beyond its reasonable control and without its fault of negligence,
such oat of God, oat ofcivil or military amhorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the condition causing such delay is given to the Purchaser within Eve (5) days of the
time when the Seller first received knowledge thereof. In the event of very such delay, the odic of delivery shall be
extended for the period equal to the time actually lost by mason ofthe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
dwings, specifications, samplrs andbr other descriptions given, will be fir for the puryases intended, and
performed with the highest degree of care and competence in meordince with accepted sandzNs for work of a
similar rMare. The Seller agrees to hoed the purchaser harmless from any loss, damage or expense which the
Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defect or fault warning within one (1) yat or within such longer period of
time its may W pmcdbai by law or by the to. ofany applicable wamnry provided by the Seller mar the derbe of
mcepterm of the goads brumbed hereunder (acceptance has to be nably delayed). reaching farm imp t
or defective work done or materials famished by the Seller. Acceptance or use of good by the Dort6uer shall not
constitute a waiver of any claim undo Nis.1y. Except as orhavow provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing woe r.
or guam ems, but such liability shall in to event include loss of profit or lose of sett. 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. Cl IANDES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal mrms, including additions to or deletions from
the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such
change affects the amount due ar the time of performance hereunder, an equitable adjuslnent shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement n to any or all Walues of the
,,.bits then not shipped, subject o any equitable adjustment between the parties n a any work or materials then in
progress provided that the Purchaser shall not be liable err, any claims for anticipated profits an the uncompleted
portion ofthe goods andfm work, for incidental or mnatuemial damages, and that no such adjustment be made in
favor of the Seller with ma ex t to any good which arc the Sellers standard stock. No such terminalon shall relieve
the Purchaser or the Seller of any oftheir obligation as many good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for Mjmtmmt must be asserted within thin (30) days tram the date the change at termination is
ordered.
S. COMPLIANCE WITH LAW.
The Sella ... that all goods said hereunder shall have fivers produced, said, delivered and famished in start
compliance with all applicable bass and regulation to which the goods art subjeer. The Sella shall execute and
deliver such di cumrnb n may M required to effect or evid®ce compliance. All laws and regulation required to be
incorporated in agrerment of this charecmr are hereby incorporated herein by this utterance. The Seller agrees to
indemnify and hold the Purchaser harmless tram ail cost anal damages suffered by the Purchaser as a salt of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither patty shall assign, transfer, or convey this order, err any monies due or to became due hereunder without the
prior written consent ofthe other parry.
I0. TITLE.
The Seller warrants full, clear and unrestricted till, to the Purchaser for all equipment materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservation, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its comments of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply non in the ecoal of fault of negligence of th, parry released and shall extend a the
direnols, Officers and employees of such patty.
The Sellers communal obligations, including wamnty, shall rot M deemed to be reduced, in any way, because
such work is performed or caused to be Fathomed by the Purchaser.
14. PATENTS.
\lhenever the Seller is required to use any design, dedce, nuterial or process catered by lerter, pound. trademark
or copyright, the Seller shall indemnify and save hatless tbe Purtbner from any and all claims for infringement
by reason of the use of such Wanted design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expose or damage which it may M 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 thereof or the intended ere of the good, is in such suit held an contimm infringement and the use of
said atonement or pan is immoral, the Seiler shall, at its own expense and at its option, either private for the
Purchaser the night to continue using said equipment or pans, replay the same with substantially equal but
naninGnging equipment, or modify it as it become noninfringing.
15.MSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
or trustee for any of the Sellers primary or business, this order may forthwith be canceled by the
c Pu hhase,w lave, liability.
16. GOVERNING LAW.
The definitions of home used or the interyremtion ofthe agreement and the rights of all parties hereunder shall be
coma nal under and gwersed by the laws of the State of Colorado, USA.
The fallowing Additional Condition apply only in cues where the Seller is to Perform work hereunder.
including be services of Sellers Represe.mtiv'efs), an be premnism ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall Carty on said work at Selleh own risk until the same a fatly completed solid accepted, and shall,
in case of any ccidear, destruction or injury to the work mdsm mataiaa before Sellds furl completion and
mceptance, complete the work at Sellers own as'. and to the sarisfacdo. of the Purebaxr. When materials
and equipment are fumahed by others far installation err eccdon by be Seller, the Sella shall receive, unload,
sore aM hamie same at the site and become responsible therefor as mmugh such mateiaa and/or at.ipm.t
were being maintained by the Sella under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to it employees employed on 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 be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limit of at least $3Mpoo for any one person, S500,006 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise rcquim his
antrauba , if any, m provide far each compensation and insurance, Before any ofthe Sellers or his contractors
employees shall do any work upon the premises of ethers, the Seller shall famish the Purchaser with a certificate
that such compehsmtlon and insurance have been provided. Such cectificmes shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify, the dam when such compensation
and insurance expires. The Seller ogrees that such compensation and insurance shall be maintained until after the
entire work is completed and ameplN.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella M1ereby—tutus the entire mulaco ibiliry and liability for any and all damage, Inss or injury of any kind
or nature whatsoever to Favors or property, wised by or resulting from the execution ofthe work provided for in
this purchase order or in contraction herewith. The Seller will indemnity and bold harmless the Purchaser and any
or all of the IsOmbaers oRcers, agents mhd employers from and againr any and all claims, mates, damages,
charges or expenses, whether direct at indirecr, and whether to pasan or property to which the Purcbaver may
M put or mbjm by reason of any aet, anion, naglM, omission or default on the Ilan of the Sella, any of his
conrraboo , or any of the Sellers or mmfectors alBcers, agents or employers. In case any it or other
proceedings shall be bmughd against the Purchases, or it oRcers, agents or employees at any time oa account or
by eawn of any ant, action, neglect, omission or default of the Sella of any of his accountancy or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at Sellers own expense, to pay any aM all cost, charges, amomeys fees and other experses,
any and all judgments that may M 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 pmpeny ofthe Purchaser, or said parties in or as a result crouch suits or other proceedings,
the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to s.Rty including, but without limitation, the
Occupational Safety and Health Act of 1970 and al I rules and regularities issued pursuantthereto,
Revised 032010