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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEMS - PURCHASE ORDER - 9121295City of Fort Collins Date: 03/05/2012 PURCHASE ORDER Vendor: 108464 PRYSMIAN CABLES & SYSTEMS 700 INDUSTRIAL DR LEXINGTON South Carolina 29072-3755 PO Number Page 9121295 1o13 This number must appear on all invoices, packing slips and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/05/2012 Buyer: OPAL DICK Note Please send in 3 shipments of 50,000 feet each Line Description Ordered UOM Unit Price Price 75031093; Cable 150000 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: 23-25 weeks ARO Bid #7208 Prysmian Quote number 4059327 Firm Pricing e-mail copy of PO to: cathee@jenjiur.com U 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 FT 2.1850 327,750.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City/ Of9121295 z °f s t CollinsCThis number must appear " J 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 Total $327,750.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt Gum state and local tuxes. Our Exemption Number is 11. NON WAIVER. 95-04502. Federal Excise Tux Exemption C er ilicatu of Registry 54-6000587 is registered with the Collector of Failure Wile Purchaser to insist upon strict performance of the terns and conditions hercul; failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 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 goods hereunder or approval ofthe design, shall not release the Seller of Gods Rejected. GOODS REJECTED due to failure to nor specifications, either when shipped or due m def ch of any of the warranties OF obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc rem m be replaced except upon receipt of ,risen purchaser to insist upon strict performance hercofor any of its rights or remedies us to any such goods, mt utlless instructions lium the City of Fall Collins. of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any pmpormd acts[ nmdification or rescission of this purchase order by the Purellasar operate as a waiver of any of the toms Inspection. GOODS tare subject to the City of Fon Collects inspection on unwa I. hercul: Final Acceptance. Receipt of she merchandise, services or equipnhenl in response to this order can result is, 12. ASSIGNMENT OF ANTirrRUS'r CLAIMS. authorized payment no the purl of rise City of Fan Collins Howcv,r, 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 of all applicable required inspection procedures violations tare in fact borne by the 1'urchmer. Theretofore, for good cause slid as consideration fur executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight 1'cnus. Shipnsms last be F.O.B., City of Fact Collins, 700 Woad St., Fun Collins, CO 50522, unless acquired older literal or state antitrust laws for such overcharges relating to the particular goods or services .chassis, specified on this order. If permission is given m prepay freight and charge spar t,ly, the original might 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 OHLIGA'I'IONS. Shipman Distance. Where manufacture, lace distributing points in various puns of the country, shipment is It the Purchasa directs the Seller to correct noncenfomning or detective gods by a date to be agreed .,it by the expected from the merest distribution point to destination, and excess freight will be deducted Bum Invoice when Purchaser slid [tic Seller, and [tic Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be prfonmd by the most expeditious means available to it, and the Seller shall pay all costa ussucimcd with such work_ Pemlis. Seller shall procure at sellers sale cost all necessary permits, cenitieales and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political su]xlivision where the work is performed, or required by any other duly con,nitned public authority having jurisdiction over the work of vrndor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by then, by reason of. ssrnN or established violation of any such laws. regulations, ordinances, rates and requirements. Aulh.nzalioa. All panics to this contract agree that the rcpresmtufiva rare, in tact, bona fide and possess full and complete authority to bind vied panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sat Pawl and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rcl:racce. Any additional or diflrent terns and conditions proposed by sells sre objected to and hereby rejected. 2. DELIVEIt Y. PLEASE ADVISE PURCHASING AGENT immediately ifyou canto make complete shipment to arrive on your Pat delivery date as noted. Tinto is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hcrcto. No acts ofthe Purchasers including, withool limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable ranedics, the option of placing this order rlawhcre and holding the Scllcr liable ter damages. However, the Seller shall not be liable far damages as a result of delays due m causes not reasonably lomreable which are beyond is ressmuable control and without its fault ofnegligenee, such acts of God, acts fcivil or military authorities, governmental priorities, him, strikes, flood, epidemics, wars or net, pm,idd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the cimc when the Seller first mcchad knowicdge thereof In the event ofany such delay, the date of delivery shall be extended fur the period equal to the time actually lost by reason of line delay. 3. WARRANTY. The Seller wmmnts that all goods, articles, materials and work coverd by this order ,ill conform with applicable drwinp, specifications, sannphs andfor other descriptions given, will be tit for the purposes intended, and perforated with the highest degree of cure and competence in accordance with accepted standards for work of a ,imnit., nature. 'Ihc Seller agrees to bald the purchaser hamiless from any loss, damage or expense which the Purchaser may suflir or incur on account of the Sellars breach of warranty. The Seller shut] replace, repair or make goad. without cost a the purdawr, any defee s or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms Ti applicable warranty provided by the Scllcr aRer the date of ....pane, of the good, furnished hereunder (acceptance nut to be unreasonably delayed), resulting from imperfect or detective work done or materials furnished by the Seller, Acceptance or use of guuds by the Purchaser shall not constium a waiver of any claim under this warranty. Except as wherwlse provided in this purchase order, the Sellers liability hereunder shall extend to al] damages proximncly caused by the breach orally ofthe foregoing warranties or guarantees, but such liability shall in no event include loss of put or loss of usc. NO IMPLIED WARRANTY OR MERCHAN'TAHILITY 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. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tenor, other than legal terns, including ndditias to or ddetions iron, The quantities originally ordered in the specifications or drawings, by verbal or wrinca change order. If any such change stfe.s [lie summit due or the time of perfunnanw hereunder, all equitable adjustment shall be made. 6.1'ERMINATIONS. The Purchaser may at any tins by iv'rinen change order, terminate this agreement as to any or all punions of the goods then not shipped. subject to any equitable adjustment between the panics as to any work or materials then in progress provided has he Purchaser shall rem be liable for may claims tic, anticipated prolix on the uneonnpla,d portion of Ihc goods author work, for incidental or consequential damages, and chat no such adjustment be made in favor of Ne Sella with respect to any goods which arc she Sellers standard suck. No such ten tinwion shall relieve the Purchaser or the Seller of any uftheir obligations as to any goods delivered hreunda. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must be asserted within thirty (30) days man the date tle change or laulinuion is ordered. S. CUMPLIANCE WITH LAW. 'I he Seller warrants [hut all goods sold hereunder shall have bran produced, sold, delivered and furnished in strict compliance with tall applicable laws and regulations to which the goods arc subject. 'I'lie Seiler shall execute and deliver such ddwumcnts as nay be require to ifrc or evidence ctimplimsce. All laws and regu[wom, Faunal To be incorporated in agmcnscnts of chi. character arc hereby incorporated herein by this miacnce. The Seller agrees m indemnify and hold the Purchaser harmless iron, all cost, and damage, suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or In bacon¢• due hereunder without the prior written consent of thc otter party. IQ 1IT LE. The Seller warrants lull, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perl'unnance of this agreement, free and ,]car of any and all liens, restrictions, reservation, security interest encumbrances and claims of utha,. The Seller shall release Ill, Purchaser and its contractors of any tier lions all liability acid claims of any nature resulting Crum rise performance to such work. This release shall apply even in the event of fault of negligence of she parry released and shall em nd 10 the directors, offices .,,it employees of such party. 'File Seller's contractual obligations, including,'aunty, shall not be dcened to be reduced, in any way, because such work is pert ,mated or caused to be performed by dw Purchaser. W. PATENTS. When" the Seller is requited to use any design, device, aluterlld or process covered by letter, patens, trademark or copyright, the Seller droll indemnify and save harmless the I'utahuser Guns any and all claims for inliingemenl by reason .1, the use of such pstauted deign, device, material or process in connection wish she contract, acid shall idaullify the Purchaser for any cost, expense or duuage which it may be obliged to pay by reason at such Infiiagement at any not, during the prosecution or alter the completion us the work. [is case said equipment, or any pun thereof or the intended use of the goods, is in such suit held to constitute inliiagentem and the use of said equipnscnt or pan is enjoined, the Seller shall, at its own expense and at its option, either proems for she Pm,huscr the right to continue using said equipment or pans, replace like same with substantially equal but noninf riaging equipincns, or modify it so it bccomc, noninflinging. 15. INSOLVENCY. If the Seller shall because insolvent or bankrupt, make an s,signtnenl fin the benefit of eredimrs, appoint a receiver tar trustee fur any of the Sellers property or business, this order may forth, ith be canceled by the Purchaser withow liability. 16. GOVERNING LAW. 'The de initiuns of term, used or the interpretation oftha ugmanent and the rights ofall panics hereunder shall b, conetmN under .:to governed by the laws of the State of Color do, USA. The following Addillmod Conditions apply only in cases where the Seller is to perform work hereunder, including Ihc.... sees of Selias Representative(,), on she premises f.then. 17. SELLERS RESPONSIHILI I'Y. 'I'hc Sella shall carry tan staid walk al Scllch own risk wail the same is ]oily eongilmcd and accepted, and shall, in case of any accident, dc.uadion or injury to she work mad/or materials before Seller's final completion and je"llouce, cuntplac the work at Seller's evil expense and to the satisfaction of the Purchaser. When materials and equipment are fumishcd by others for installation or erection by the Seiler, the Seller shall receive, unload, store and handle some at the site and become resprm,ible therefor us though such raerials and/or equipmenl were being furnished by the Seiler under the order. IS. INSURANCE. The Seller shall, ul his own cape...., provide for Ihc payment of workers consp.n,atiun, including occupational disease benclis, no its cmployccs cmnploycd on or in connection wish she work awed by this purhusc order, and/or to their dependents in accordance with the laws of rise state in which Ihc work is to be done The Scllcr Shall also carry eumprehcoaive general liability including, but not limited to, con[me[ual and automobile public liability insurance with bodily injury and death limits of at [cast S300,000 fur any one person, S500,000 for any else accident slid property danagc limit per aevident of S400,000. I'tic Seller shall likewise require his cowman, if any, to provide for such compensation and insurance. Before sly of site Sellers or his contractors employees Shull du any work upon she premises of orhcn, the Seller shall fumish the Purchaser with a certificate that such compensation and insurance have been provided Such cenilicates shall specify the date when such compensation and insurance have been provided. Such "i ilica[es shall specify the date when such compensation and inmuace, e.epires. *rise Scllcr agracs has such compensation and insurance skull be maintained until utter the .mire work is completed and accepted. 19. PROTECTION AGAI NISI ACCIDENTS AND DAMAGES. 'I he Seiler hereby assunscs she entire sespun..ludily and liability lot any and all honugc, loss or injury of any kind or muum whseucea'to penuns or praperty caused by or resulting from the exceuti.n ofthe work provided for in this purchase older tar in connection herewith. The Sellawill indenmify and hold holiness the Purchaser and any cur it of the Purchase's .Micas, a,cut, and cmployccs from and ugnia,l any and all claims, losses, daamgcs, charge, tar c.vp.nscs, ,'hells" direct or indirect, cold i,hether to persons or property to which the Purchaser only be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his euntrnaon, or any of the Sellers or contractors effects, agents tar cmployccs. In case any suit or other proceedings shall be brought against the Pvrehi,er, or its ofliccn, agents Of cmployccs at any time tan account or by reason of any act, lesion, neglect, omssion tar default of the Seller of any of his cmuremn or any of it, or their olliccn, agents or emp]oyee, as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the sane at [he Scllch men espawc, to pay any and all costs, charge, anomcys lies and other expenses, any and all judgments ilia[ may be incurred by or obtained against [he Purchasr or any of its or their ofliccn, agents or employees in such suits or other proceedings, and in case judgment or other Tien IT, placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofauch suits or other proccdings, the Seller will at once can,, the same to be dissolved and discharged by giving bald or otherwise. The Seller acid his contractors shall take all safety precautions, fumish and insmll all guards necessary fur the prevention of aecidcnt,, comply with all Imes and regulations with regard to safety including, but without Insulation, the Occupational Safety and Health Act of 1970 and all ml,s and regulations issued pursuant Iherem. Revised 03/2010