HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9145700City of
�.For_t Collins
Date: 10/01/2014
Vendor: 102795
WESCO DISTRIBUTION INC
11333 E 55TH AVE UNIT A
DENVER CO 80239-2029
PURCHASE ORDER
PO Number Page
9145700 1of2
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: 10/01/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 7503-1032
350MCM, AL, UG, triplex
25000 FT 2.2255 55,637.50
YARD
CABLE, U.G., 600V, AL, COMPRESSED, TRIPLEX, 2-350MCM-37 STRD.,
INSULATED BLACK, 1-4/0 AWG-19 STRD. INSULATED YELLOW OR YELLOW STRIPED,
PER SPEC. #369-100, REV. , SERIAL #07,
SHIP ON N/R REELS, STD. PKG.
(SEE SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING
ACCURATE GROSS REEL AND TARE WEIGHTS ARE CRITICAL PLEASE WEIGH EMPTY REEL, AND
VERIFY WEIGHTS PRIOR TO SHIPPING.
AVERAGED WEIGHTS ARE UNACCEPTABLE SINCE SPECIFIC CABLE IS ISSUED BY FOOT PER POUND
UNITS.
REFUSAL TO COMPLY WITH THESE TERMS MAY RESULT IN REMOVAL FROM THE BIDDER'S LIST FOR
FUTURE ORDERS.
Bid 7087 LP Cable UG 600V AL Compressed
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
.50
Pay terms net 30 days
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 exemptions. By mute the City of Fon Collins is Hemp, from state and Real mxe. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cmificme of Registry 84-6000587 is registered with the Collmmr of
11. NONWAIVER.
Failure of the Purchaser m ease, upon stria affiflars. of the terms end conditions hereof, failure or delay to
bramal Revenue, Denver, Colorado (Ref. Calcium. Revised Statutes 1973, Chapter 39 26,114 (a).
exemise any rights or remedies provided herein or by law, failure li promptly notify the Seller in the event of a
breach, t]fit acceptance of., payment for goods hereunder or appmvol attire design, shall not elease the Seller of
Goods Rejected, GOODS REJECTED due to failure m meet specifications, 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 commit, may be reamed to you for auxin and arc not to be replaced except upon receipt of wrinm
purchase, to insist upon stria performance hereifor any of its rights or remedies as to any such good, regudless
instructions fismn the City of Fon Collins.
of when shipped, received or accepted, as to any prim or subsequent default hereundm, nor shall any purported
oral modification or rescission of this Purchase order by the Pumhaur operate as a waiver of any of the faro.
Inspection. GOODS are subject to the City of Fon Collins inspection On arrival,
hermf
Final Acceptance. Receipt of the merchandise, services or equipment in respoere to His order can result in
12. ASSIGNM ENT OF ANTITRUST CLAIMS.
authonaed payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharge result., from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Vatihoioer me in fact home by the Purchaser. Theretofore, for goad muse ord Or consideration for executing this
panchau order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight lams. Shipments must be F.O.B., City of Fon Collins, 900 Wood St, Fan Collins, CO 80522, unless
acquired under fede.l ar sure antitrust Inws for such overcharges retain,. the particular .it, or services
otherwise specified on this order. if pvmrosioa is given to prepay freight and charge immorally, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
hill most accomnanv invoice. Additional charges for packing will not he accented.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to dminsai n, and caress freight will be deducted fr.m Invoice when
shipments are made from grainer dumnce.
Famous. Sellar shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, mpg. iom, ordinance and roles of the state, mmnicipaliry, mmtory or political subdivision where
the work is performed, or required by any other duly cautioned public authority having jorisdiaion over tM work
of vendor. Seller further agrees to hold the City of Fon Collins hamnles from and against all liability and loss
incurred by them by ream. of an owned or esmblisbed swulicn of any such laws, reeulasimrs, ordinances, rules
and nquir rents.
Argentinians. All panic to this contract agree that the repreunmtives arc, in fact, bona fide and possess full and
complete authority to bind said mange.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions slated
herein set forth and any supplementary or additional terms and conditions annexed herero or incorporated herein by
reference. Any additional or different alums and conditions proposed by miler 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 data m noted. Time is of the essence. Delivery Ind performance must be effected within the time
stated on the purchase order and the dicamenm attached hereto. No acts of the Purchasers including, without
hmmaticin, acceptance of panol tat[ del ivme, shall cKente as a waiver of Nis Envision. In tee event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies the option of pher., this under elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable far damages as a .11 of delays
due to causes not reasonably foreseeable which arc beyond its reasonable commit and without its fault of negligence,
such acts of God, acts of civil or military arc nal ies, govemmenml priorities, fifes, strikes, flood, epidemics, wars or
riots provided that notice of the conditions .using such delay is given to the Purchaser within rive (5) days of the
mime when Ne Seller first received knowledge thcsmf In the evert of any such delay, the dma of delivery shall be
exrwded err me penbd equal to the time actually lost by reams of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this cinder will confarm with applicable
rirawinge, specifications, sample ardor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standands for work of a
similar nature. The Seller ,,as to hold the purchaser homeless from any bass, damage ar expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults noting within one (1) year or within such longer period of
time as may be prescribed by law or by the teller of any applicable warranty prodded by the Seller alter the data of
acm,vm a of the goods furnished hereunder (amepmue not to be unreasonably delayed), resulting freer imperfect
or defective work done or materials fismished by the Seller. Acceptance or use of goods by the Purchaser shall riot
institute a waiver of any claim under this wamenry. Except as otherwise provided in this purchase order, the Sellers
liabil iry hereunder shall extend to all damages proximamly caused by the breach of any of the foregoing is anonties
or guarantees, but such liability shall in no event include loss if 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 written change under.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, 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 ar m is le adjustment shall he made.
6. TERMINATIONS.
The Purchaser may many time by written change order, terminam this agreement as to any or all ponime of the
goads than trot shipped, subject to any equitable adjustment betweca de pantie er many work or materials then in
pmgresa provided that the Purchaser shall not ix liable for any claims for anticipated profits on the uncompleted
portion of de goods ondlor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such mammalian shall relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
q. CLAIMS FOR ADJUSTMENT.
Any claim for adjussomm most be, asserted wind. Wry (30) days from the dam me, change or temmation is
ordered.
g. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in ahla
compliance with all applicable laws and regulatiom to which the good arc sobjec, The Seller shall execute and
deliver such documents er may be, mmond to effect or evidence compliance. All laws and regulmiom required to be,
are in agreements of this character are hereby uncommitted herein by this reference. The Seller agrees to
indemnify and hold the Purchase, harmless tram all casts and damages suRand by the Purchaser . n result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party, shall .sign, huni or movey this order, m any manias due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seiler wmtrants full, clear god unrestricted rifle a the trombones for sit eymoment, materials, and it. famished
in performance of this numerator. f and clear of any and all firm, mstriediom, reservations, security introm
encumbrance and claims ofoders.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller m correct nonconfoaming or defective goods by a date to he agreed upon by the
Purchaser and the Seller, and the Seller thrre.fier indicates its inability Or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its ...a . of any tier film all liability end claims of nay nature
resulting from the performance ofsuch work.
This release shall apply even in the event of trmh of negligence of the party advised and shall extend to the
directan, afficem and employees of such party.
The Sellers oureacsml obligations, including smarmy. shall a., be deemed m be reduced, w.1 way, because
such work is performed it ..it to be pert ed by the Purchaser.
14. PAT EN'I S.
Whenever the Seller is required to use any design, device, annual or process covered by letter, patent, tmdemmk
r copyright, the Seller shall indetmdfy and save harmless tee Foreman, from any and all claims for infringement
by reason of the use of such patented deign, device, material or prices in connection width the comma, and
shall indemnify the Purchaser for my mat, rx,mam or damage which it may be obliged m Pay by scow of such
infringement at any time during the prosecution or alter the completion of the work. In case sand equipmem, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use Of
said equipmem or pan is enjoined, the Seller shall, at its own expense and at its option, eider procure for the
Purchaser de right to common, using said ayuipmmt or pints, replace the same with substantially equal bar
.infringing 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
reaccolin it We for any of d, Sell. properly or business, $is ode, may forthwith be, canceled by tee
Purchaser without liability.
16. GOVERNING LAW.
The definition of, .no. used or the intalicuu o r of the agreement and the rights ofall ponies hermnder shall be,
construed under and governed by the laws ofthe State OfC.Imado. USA.
The fallowing Additional Conditions apply only in cases where de Seller is to perform work hcreundcq
including the services of Sellers Repreunmtiv'c(s), on the premises of od<rs.
IT SELLERS RESPONSIBILITY.
The Seller shall carryon said work at Sauces own ruk until the same is fully completed and accepted, and shall,
in eau of any accident, datmaion or injury to the work mdfor mmenals before Sidles final completion and
acceptance, complete the work at Settees own expense and to the satisfaction of the Putchaser. Whom materials
and equipment ire famished by others for installation or credion by the Seller, the Seller shall receive, unload,
stare mad handle same at the site and become responsible therefor as dough such materials andor equipment
were being fumshed 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 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 cony c umnalmerive gene.[ liability including, but not limited to, conlmaual god automobile public
liability normar tee ism ba ily injury and death limits ores least 5300,000 for any one person, 5300,tato for any
one accident and property damage limit per accident of S,100,00q. The Sella shall likewise require his
if any, m provide for such compensation and insurance. D,fom any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall burnish the Purchaser with a certificate
that such c mpereati.n and toommence have Even provided. Such cerilicates shall specify the data when such
compensation and insurance have been provided Such certificates shall specify de dam when such compensation
and iusurantt expire. The Seller agrees W, such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROI'F.CTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assurnam the entire responsibility and liability for any and all damage, lass or injury of any kind
r room whistsuever to famous or pmpe,ry auud by or rewiring from the execution ofthe work provided for in
His purchrt order or in connection hcrewid. The Seller will indemnify and hold handles the Purchsser and any
or all of the Punhasers officers, agents and employees from and against my and all claims losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser may
be put or subject by mount of any at, action, neglect, omission or defmull on the pan of the Seller, any of his
contractors. or any of the Sellers or contractors officers, agents or employees. In anse any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at may time m account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees M aforesaid, the Seiler hereby agree to assume the defense thermf and To
defend the same at the Sellers own expense, to pay any and all costs, charges, areomeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its of their officers,
agents or employees in such suits or other proceedings, and in cos judgment or other him be placed upon or
obmind ,at. Ne property of the Purchaser, or said ponies in m er a read, of such soils it other prossuch ,
the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safey precautions, furnish and install all guafds necessary for the prevention of
accidents, comply with all laws and regulations with regard to safely including, but without limitation, de
Occupational Safety and HealthAct of 1970 and all roles and regulatiom Issued pursuant thereto.
Revised (Unx 4