HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEMS - PURCHASE ORDER - 9116409Fort Collins
PURCHASE ORDER
PO Number Page
9116409 1of2
This number must appear
on all invoices, packing
slips and labels.
Date: 10/27/2011
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: 10/27/2011
Buyer:
OPAL DICK
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 7503-1017
10000
FT .4500
4,500.00
#6AWG streetlight cable
BULK
CABLE, U.G., 600V, AL, COMPRESSED, TRIPLEX, STREETLIGHTING, 2-#6AWG 7 STRD., INSULATED
BLACK;
1-#6AWG 7 STRD., INSULATED YELLOW OR YELLOW STRIPED,
PER SPEC. #369-100, REV. S , SERIAL #11, SHIP ON N/R REELS, APPROX. 1000 FT/REEL
Delivery: 4-6 weeks
Per quote from Aspen Power
(SEE SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING)
CABLE SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING:
1. ACCURATE GROSS REEL AND TARE WEIGHTS ARE CRITICAL PLEASE WEIGH EMPTY REEL, AND
VERIFY WEIGHTS PRIOR TO SHIPPING.
2. AVERAGED WEIGHTS ARE UNACCEPTABLE SINCE SPECIFIC CABLE IS ISSUED BY FOOT PER
POUND UNITS.
3. REFUSAL TO COMPLY WITH THESE TERMS MAY RESULT IN REMOVAL FROM THE BIDDER'S LIST
FOR FUTURE ORDERS..
Ra�
c3. o;�:-a2 �
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
Total $4,500.00
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 exemptions. By smote the City of Fort Collins is exempt from state and local tract Our Exempt inn Number is 11 NONWAI VER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of Fit i hum of the Purchaser to insist upon strict performance of the semis and conditions hereof, failure or delay to
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Slimness 1973. Chapter 39-26. 114 (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 for goads hereunder or approval afthc design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to from specification. either when shipped err due to defects of any of the warranties or obligations of this purchase order and shall not be devoted a waiver of anv right of the
damage in transit, may be rammed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such good, mgnrdlcss
instructions from the City afford 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 waiver of any of the terms
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable inquired inspection pmcedums. violations arc in fact home by the Purchaser. Thcmtofore. 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 Tanis. Shipments most be F.O.B., City of Fort Collins. 700 Road St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular good 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 he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufncmrers have distributing points in various pans of the country, .shipment is II'the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected form the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller,and the Seller thereafter indicates its inability or unwillingness to comply, the Purchasc,
shipments arc made Farm greater distance. 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.
Permits. Seller shall poucam at sellers sole east all necessary pormits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is perforated, or required by any other duly constituted public authority having jurisdiction 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 mason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All panics to this contract agree that the representatives arc, in fan. bona fide and possess fall and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order cxprcssly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by
reforence. Any additional or dil orand terms and conditions proposed by Seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the document attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial laic deliveries. shall operate as a waiver of this provision. In the event ofany delay.
the Pumhneer shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably famseceble which arc beyond its reasonable control and without its fault ofncgligence.
such acts of Gad, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seiler 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 of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of cam and competence in accordance with accepted standards for walk of a
similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of waevmy. The Seiler shall mpinee, repair or make
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seiler after the date of
acceptance ofthe good furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect
or defective work done err materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this womanly. Except as otherwise provided in this purchase order, the Scllcrs
liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties
or guaramecs. but such liability shall in no went include loss of pmfits 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 tents by written change order.
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 arinen change order. If any such
change of fats the amount due or the time ofpttformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then nor shipped, subject to any equitable adjustment bnacen the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any good which are the Sellers standard stock No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishcd in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agrccments of this character arc hereby incorporated herein by this reference. The Seiler agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pumhmser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, nmrsfcr. or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other parry.
10. TITLE.
The Scllcr warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishcd
in performance of this agreement, free and clear of any and all liens, restrictions. resenaations, security interest
encumbrances and claims of others.
The Seller shall rcicasc the Purchaser and its contractors of any net from all liability and claims of any nature
resulting from the performance ofauch work.
This rcicasc shall apply even in the event of fault of negligence of the party released and shall extend in the.
directors, officers and employees of such parry.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
%Vhcocver the Seller is required to use any design, da'ice. material or process covered by lether. patent, trademark
or copyright. the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rcason 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 intended use of the good, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing 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 property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be
construed under and governed by the 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, Representative(s). ern the premises of others.
17, SELLERS RESPONSIBILITY,
The Seller 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 Settees final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the purchaser. When materials
and equipment arc furnished by others for installation or erection by the Seller, the Seiler shall receive, unload.
store and handle same at the sit, and become responsible therefor as though such materials and/or equipment
were being famished 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 carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of m least S300.000 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 pmvidc for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the pmmiscs ofmhers, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained mail after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe work provided far in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims. losses, damages,
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, action, 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 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 ofany of his contractors or any Of its or
their officcm, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by Or obtained against the Purchaser or any of in 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 panics in or as a result ofsuch suits or other proceedings,
the Seller 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 pmcautions. furnish and install all guards necessary for the prevention of
accidents, comply with all haws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and rill rules and regulations issued pursuant thereto.
Revised 03/2010