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HomeMy WebLinkAbout108464 PRYSMIAN CALBES & SYSTEMS - PURCHASE ORDER - 9111447PURCHASE ORDER PO Number Page City of 9111444 1 of 3 Flirt n all i tuber must appear !_\V`I ` Collins�7 on all invoices, packing slips and labels. Date: 03/09/2011 Vendor: 108464 Ship To: UTILITY SERVICE CENTER - WA PRYSMIAN CABLES & SYSTEMS CITY OF FORT COLLINS 700 INDUSTRIAL DR 700 WOOD ST LEXINGTON South Carolina 29072-3755 FORT COLLINS Colorado 80521 Delivery Date: 03/09/2011 Buyer: OPAL DICK Note: i Line Description Quantity UOM Unit Price Ordered Extended Price 75031093; Cable 150000 FT 2.2240 333,600.00 15Kv, 1/0, AL, jacketed 75031093 YARD CABLE, UNDERGROUND, 15KV, JACKETED #1/0 AWG, 19 STRD., AL, .012" MINIMUM THICKNESS SEMI -CONDUCTING XLP CONDUCTOR SHIELD, .220" NOMINAL THICKNESS UNFILLED TRXLPE INSULATION, .860" +/-30 MILS DOI, .030" MINIMUM THICKNESS SEMI -CONDUCTING XLP INSULATION SHIELD, .940" +/-50 MILS DOS, 16414 BARE, UNTINNED COPPER CONCENTRIC NEUTRAL, .040" MINIMUM THICKNESS BLACK LLDPE ENCAP JACKET, PER SPEC. NO. 367-102, REV. J , SHIP ON 5032 N/R 2500' REELS +/-200' (SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING CONTAINED IN SPEC) Certified test reports on each production run. Delivery: 8-10 weeks Firm Price Prysmian Bid 7208 Prysmian#4055055 email order to: larki.robinson.ex@prysmian.com cc email order to: corey@jenjiur.com Total $333.600.00 s�- 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City, Of 9111444 2 of 3 �t Collins his number must appear �7 on all invoices, packing slips and labels. 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt franc state and local cases. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Ccnilicme of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to Internal Revenue, Dem'cu Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to premp ly notify the Silo in the evem of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall nor release the Seller of Goods Rejected GOODS REJECTED due to failure no meet specilicmimm. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be divined a waiver of any right of the damage in transit, may be reamed to you for credit and are ,at ho be replaced except noun receipt of written purchaser to insist upon strict performance hemofur any of its rights or remedies as to any such goods, regardless instructions from the City of Fen Collins. of whir shipped, received or accepted, as to any prior or subsequen default hereunder, nor shall any Imported unit modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS an subject to the City of Fort Collins inspection on arrival, humor.. Final Acceptance. Receipt of the merchandise. scnices or equipment in response to this order con result is 12. ASSIGNMENTOF AN'1'I'IRUST CLAIMS. authorized payment on the pun of the City of Fort Collins. However, it is to be understood that FINAL Seller unit the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEP"I'ANCE is dependent upon completion at all applicable required inspection preecdures. violations toe in fact borne 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 Tens. Shipments .,last be F.O.B., City of Fort Collins, 700 Wood St., Pon Collins, CO 80522, unless acquired ruder ruder.] or strafe antitrust laws for such overcharges minting to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, 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 OBLIGATION$. Shipment Distance Where manufacturer have distributing points in various pans of the country, shipment is Tithe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected I,.m the ncimm distribution point to destination, and excess Ihight will be deducted from Invoice when Purchaser rand the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. nay cause thc work to be pcdorntd by the most expeditious moms available to it, and the Seller shall pay all costs associated with such work. Permits. Sella shall procure rat sellers sole cost all i,,u. ry petunia,. cenificatc, and licenses mquimd by all applicable laws, regulations, ordinances and min ofthe state, municipality, territory or political subdivision where the work is performed. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees 1. hold the City of Fun Collins hamdceu Imo and againsr all liability and hiss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requieure s. Authoriznion. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority U. bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits ucccpwncc to the terns and conditions stated herein sr forth ..,it any supplementary or additional terms and coalitions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by xller are objected to unit hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dote as noted. Time is niche essence. Delivery and performance nmst be effected within the time stated on the purchase older and the documents attached hcmm. No acts of the Purchasers including, without limitation, ucccpwncc ofpartial ]ate deliveries, shall operate as a wither of this provision. In the event crony delay, the Purchaser shall hive, in addition to other legal and equitable rcmcdies, the option ofplueing this order elsewhere and holding the Seller liable for damages. However. the Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts orcivil or military authorities, govemmemal priorities, fin, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchuscr within five (5) days of the himc when the Seller lint received knowledge thereof. In the weal of any such delay, the date of dvIivcry shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRAN"rY. The Seller warrants that all gods, articles, materials and work coretd by this oiler will cartoon with applicable drawings, specifications, samples anchor other descriptions given, will be tit for the purposes intended, and perl'omheJ with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless Rom any toss, damage or expense which the Punhascr may suflbr or incur on account ofthe Sellers breach of warranty. The Solershall curia", repair or nmke good. without cost to thc purchaser, any defects or feral, arising within one (I) your out within such longerperiod of time as may be i n,e ibcd by Imv m by the teens of any applicable warrorty provided by the Seller after the date of acceptance of the goods furnished hcremhder (vcceptancc not to be unrcasunubly delayed), resulting form imperfcct or Jefecfln work done or materials famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver orally claim under this warranty. Exccpt as udwnvis, provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximmuly caused by the breach of any retire foregoing warm llic, or guarantees, but such liability shall in no event include loss ofprolis or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. "Ire Purchaser may nmke changes ru legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. Thu Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from thc quantities originally ordered in the specifications or dr w'ings, by verbal or written change order. If any such change affects the amount due or the time oc7purformtmcc, hereunder, tar equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. mmninate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided ram the Purchuscr shall ,or be liable for cry claims fur unti,ramd profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in I ... of the Seller with respect to any .its nhich are the Scllcr standard stock. No such termination shall relieve the Purchaser or the Scllcr ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUS'I'MEN '1'. Any claimh for adjusmcent must be vssened within thirty 1301 days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seiler warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all opplicuble laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required or elf ci or evidence conhpliznev. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated h rein by this refire.,. The Sutler agrees to indemnify and hold the Purchaxr harmless franc all costs and damages si nircd by the Punhascr as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to beco`me due hereunder wither the prior written consent of the other party. to. TITLE. 1'he Seller warms, full, cicr and unrestricted tide to the Purchaser for all cquipmett, materials, and itch, furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrance, and claim crochets. The Seller shall release the Purchaser and its contractors o1' any tier from all liability and claims of any nature resulting lions thc tralmnhmcce of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, off"rs and employees of such pany. The Seller's mntracoral obligations, including warrnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Parch uscr. 14. PAl'EN'IS. Whetwer the Scllcr is required to use any design, device, material or process covered by Icier, patent, trademark or copyright, the Seller shall indenmify and save harmless the Purchaser from any and all claims for in6ingenient by reason of the use of such patented design, device, material or process in connection with the eonlrmt, and shall indemuhily the Pmclmscr for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the cou plction of the work. In case said equipment, or any pan thciew or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own exPelete mal at its option, either procure for the Purchaser the right 10 Ceatmue using said equipment or pans, replace the suite with substantially equal but noninliinging equipment, or modify it so it becomes noninliinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make as assignmenl for the benefit of creditors, appoint a receiver or miscue for any of the Sellers property or busiacss, this order may forthwith be canceled by the Purchuscr without liability. 16, GOVERNING LAW. The d,initions of tuns used or the interpretation of the agreement and mite rights of all panics hereunder shall be consumed under and govenied by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases where mice Scllcr is to perform work hereunder, including the services of Sellers Repmsenwtivc(s), on the premises of others. I7. SELLERS RESPONSIBILITY. The Seller Shull ,arty on said work at Seller's own risk until the ounce is fully completed and accepted, and shall, in case of wry accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Settees own expense and to mite satisfaction of the Purchaser. When materials and equiln caf are furnished by others for installation or erection by the Seller, mite Seller shall receive, unload, ,lure and hand[, smou at the site and become responsible therefor us though such materials and/or equipment wen• being furnished by the Seller wider the maten 18. INSURANCE. The Seller shall, rat his own expense, provide for the payment of workers compensation, including occupational disease bemfi,, to is 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 thc state in which the work is to be done. The Seller shall also curry eumprehcn,ivc general liability including, but not limited to. Continental and automobile public liability insurance with bodily injury and death limits oral (cast $300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work spun the premises of others, the Scllcr shall furnish the Purchaser with a cenifieate that such eompemsnttion and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the date when such co iquir mien and insurance es,nm,'] be Scllcr agrees that such compensation and insurance shall be maintained until aver the entire work is completed mal accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'I'hc Seller hereby ussunnes the entire responsibility and liability for any and all damage, ]...,injury f.ay kind ,accurate whatsoever to omens or property caused by or resulting from lbc execution ofthe work provided fur in this Purchase order or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and any or all of the Purchuses officers, agents and employees franc and uguinw any ..,it all claim,, leases, damages, charges or expenses, whether direct or indirect, and whether to perm, or property to which the Purchaser may be put or subject by moson of any act, action, neglect, emission or default on the pan of the Seller, any of his contractors, or ally of thc Sellers or contractors officers, ugcnts or employees. In case any suit or other proceedings shall be brought against the Purchaser, 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 of his contractors or any of its or their ofHccrs, agents or cnhployces as afamsaid, the Seller hereby agrees to assume the defense herof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees acid other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their office". agents or ennployecs in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the progeny of the Purchaser, or said panics in or as a result of such suits or other proceedings, ,be Seller will at once cause the vme to be dissolved and discharged by giving bond or otherwise The Seiler unit his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupmun al Safety rand flcalth Act of 1970 and all talcs and regulations i,suctipursuant thereto. Revised 03/2010