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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9142920Fort Collins Date: 05/21/2014 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER CO 80239-2029 PURCHASE ORDER PO Number Page 9142920 loft This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/21/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6726-4199 200A, 4-way junction 67264199 08F2 250 EA 229.0000 57,250.00 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; 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.00m Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tclms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is excmp from stem end local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is regismred with the Collator of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26.114 (a). Goods Rejected, GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of wrinen inactions from the City ofFort Collins. Inspection. GOODS are subject m the City of Fon Collins inspection as urival. Final Acceptance. Receipt of the mcrommine, services or equipment in response to this order can result in autlmriud payment an the pan of the City of Pon Collins. Yawner, it is to be understood that FINAL ACCEPTANCE is dependent upon completion oral applicable required inspection procedures. Fmighs Terms. Shipments muss be, F.O.B., City of Tom Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order, If permission is given to prepay freight and charge sapately, she original freight bill must accompany invoice. Additional charges for packing will not b, accepted. Shipment Distance. Where manufaeumrs have distributing pints in carious most of the country, shipment is expected from the nearest distribution pint to daunswon, and excess freight will be deducted fear. Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulation, only m ax, and tales of the sure, municipality, territory or political subdivision where the work is pert ed, or required by any other duly mutituted public authority having jurisdiction over the work of vendor. Seller fundow agrees to hold the City of Fort Collins hamdess from and against all liability and loss incurred by them by mason of an awned or established violation of any such laws, regulations, ordiarrces, miles and requirements. Authoritarian. All parties to this contract agree that the eepresents ives art, in fan, hem fide and possess full and omplae authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conablion sorted herein set forth and any supplementary or additional kris and candisiom annexed here,. or incorporated herein by reference. Any additional or different terms and conditions proposed by aella are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGF.NIimmediately if you carmen, make complete shipment to arise as your promised delivery dome as noted. Time is of the essence. Delivery and performance most be effected within the time stated oa the purchase aide, and the documents attached hamto. No acts of the Purchasers including, without limitation, acceptance ofµ nial lase deliveries, shall petard n a waiver oFlhis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Ilowevee the Seller shall no, be liable fir damages n a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and willow, its final, of negligence, such acts ruffian, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars w Hots provided that notice ofthe conditions causing such delay B given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof, In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller..at, that all goods, aricles, materials and work covered by this order will conform with applicable drawings, specifications, suit. and/or other desof,doms given, will be fit for the purposm intended, and performed with the highest degree of care and comp rence in accordance with accepted smndmds for work of o similar nature. The Seller agrees to hold the purchaser harmless from 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 purchaser, any defects or finales arising within One (1) year or within such longer period of time as may be presented by law or by the terms ufany applicable warranty provided by the Seller after the date Of acceptance of the goods Famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gaud by the Purchaser shall no, constitute a waiver of any claim under this warranty. Except n 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 warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. 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 wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m 'he many. offer than legal ,emu, including additions to or deletion, fmm the quantifies originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affec¢ the amount due or the time of Performance hereunder, an cet imble adjustment shall No made. 6. TERMINATIONS. The Parehmer may at any time by wrinen change order, memimm this aSrecmem as to any or all noniom of Pe goods then not shipped, subject to ay equitable adjustment betwxen the ponies m to any work or emterals then in progress provided dust the Purchases shall at be liable for any claims for anticipated profits on the uncompleted portion offer goods and/or work, for incidental or cansquemial damages, and thin no such adjustment be made in favor of the Seller with rapes, m any grads which are the Sellers standard smek. No such termination shall relic-e the Purchaser or the Seller fany of thei, ebligatiom as to any goods delivered hersuMer. T CLAIMS FOR ADJUSTMENT. A, claim for adjmtmenl rant be ausened within tbirry, (30) days f ,he date the change or meminati.n is ordered. 8. COMPLIANCE WITH LAW. The Seller warms Par all goods sold hereunder shall have been produced, sold. delivered and famished in stria compliance with all applicable laws and regulmiom to which the good art subject Tax Sella shall execute and deliver such ducumanu as may be required to effect or evident compliance. All laws and regulations uquired m be mcoryorated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purcluesem harmless from all corn and damages suffered by ,he Purchaser as is resat of the Sellers failureto comply with such law. 9. ASSIGNMENT. Neither parry shall assign, Iconsfe, or convey his order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser fa all equipment materials, and items famished in permeaantt of this agreement, fete and clear of any and all liens, restrictions, ,eservatiom, secunry interest encumbrances and claims o f mhers. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure Or delay to y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, my acceptance.for payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wamnties or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insistuponmost performance bereofor any of its rights or rem Wier as to any such goals,regardless of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the rums hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Oat in acttul a Been practice, oserchargresulting fmanthrout m violations are in fact hoe by the Parthmer. Themoforetfofgood caux and as consideration for executing this purchase order, the Seller hereby assign, to the Purchaser any and all claims it may now love or hereafter acquired under federal or stale antitrust laws for such overcharges retailing to fire particular panel or services purchased or acquired by the Purchaser purroant N this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pumhuer directs the Seller or carrier nonconforming or defective goods by a date to be agreed upon by the Embosser and the Seller, and the Seller thereafter indicates its inability Or unwillingness to comply, the Purchaser may cause the work m No Performed by the most expeditious menu available m it, and the Seller shall pay all costs associated with such work. The Seller shall relrn¢ the Purchaser and its contractors of any tier from all liability and claims of nay mature resulting fmm the performace fsuch A. This release shall apply even in no even, Of fart of negligence of the parry released and shall extend N the direcmrs,.1fieers and employees fsuch parry. The Seller's contractual abligatiom, including warranry, shall not be decimal to be reduced, in any way, browse such work u performed or caused to be performed by the purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark copyright he Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the ne of such Formed design, device, material or process in connection with the contract, and shall indemnify the Pumhuer for any cost, expense or damage which it may be obliged to pay by reason at such infinalm ..i at any time during the prosecution or after the completion of the work. In case said equipment. Or any pan theeemf or the intended use of the goods, is in such suit held to canonical, infringemem and the see of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either proenre for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but maiufringing equipment, or modify it an it becomes noniefdnging. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver ar trustee for any of the Sellers property or business, this order may forthwith be enameled by the Purchaser without liability. 16. GOVERNING LAW. The definitions art .rms used or the inteepmbrion of the agreement and the rights.fall panics hereunder shall be construed under and governed by she laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers RepresenativeD), on the premises ofmhars. 17. SELLERS RESPONSIBILITY. The Seiler 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, destruction 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 mtisfanion of the Purchaser. When materials and quipment are famished by others for installation or erection by the Seller, the Seller shall receive, friend, stare and handle same at the site and become responsible therefor as though such materials and/or quipawnt were being finished by she Seller under flaw order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers componsmion, including occupational disease benefits, N 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 Pe wok is to be done. The Seller shall also cary comprehensive general liability including, but not limited in, contractual and automobile public liability immature wed bodily away and death limits of a least S3W,000 for any one Pmun. Slur." for any one .ccidem and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, Harry, to provide for such conniffeaftem and insurance. Before any ofthe Sellers or his contractors employees shall do any wok upon the premises of others, the Seller shall famish the Purchaser wish a ccnificam Nat such compensation am immence have been panicked - Such cermeates shaft specify the date when such campernafion and occurrence have been provided. Such renificates shall specify the date when such compensation and mature, expires. The Seller agrees that such compmafion and imurare shall be maintained mail an,, the entire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Th, Seller hereby assmnes Pe a0e roponibility and liability for any and all damage, loss Or injury army kind or nature whatsoever m persons or peopony caused by or resulting from die execution of the work provided fa in this purchase.,do, or in rnnnecrion herewith. The Seller will immunity and hold harmless the Purchaser and any cr all of the Purchasers omcers, agenrs and employees fmm and again, any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether or person or property N which the Purchaser may be pm or subject by reason of my act action, neglect, omission in default on the pan of the Seller, my of his commetors, or my of the Sellers or contentious oRcars, agents or employers In cue my suit or other proceedings shall be brought against no Purchaser, or is officers, agents or employees in any time on account or by ream. of any act action, inflect, omission or default of the Seller of any of his contractors or my en its or thew officers, agents or employees as aforesaid, the Seller hereby agrees N assume the defense thertaf and to defend the same al the Sellers awn expense,1. pay any and all costs, ru ages, auoeays fees and when expemes, 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 again,, the Finnerty offhe Purchaser, or said parries in or u a result of such suits Or other peocecdings, the Seller will at more cause Pe same in be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall fake all safery pmcmtions, fum¢h and install all guard necessary for the prevention of accidents, comply with all laws and regulation, with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all min and regulations union pursuant them.. Revised 032010