HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEMS - PURCHASE ORDER - 9121246City of
Fort Collins
Date: 03/05/2012
PURCHASE ORDER
Vendor: 108464
PRYSMIAN CABLES 8. SYSTEMS
700 INDUSTRIAL DR
LEXINGTON South Carolina 29072-3755
PO Number Page
9121246 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: 03/03/2012 Buyer: OPAL DICK
Note
per spec 369-100
last order 3/12/07; Prysmian P07701888
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 7503-1027 50000 FT
4/0 AL U.G. TRIPLEX CABLE
75031027
YARD
CABLE, U:G., 600V, AL, COMPRESSED, TRIPLEX, 244/0 19 STRD.,
INSULATED BLACK, 1 #2/0 19 STRD., INSULATED YELLOW OR
YELLOW STRIPED, PER SPEC. #369-100, REV. S, SERIAL #05,
SHIP ON N/R REELS, STD. PKG. (APPROX. 1000'/REEL)
CABLE SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING:
ACCURATE GROSS REEL AND TARE WEIGHTS ARE CRITICAL PLEASE
WEIGHEMPTY 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.
Mfr. - Prysmian
Delivery 10-12 Weeks AFO
Price is firm
Prysmian #4059263
Bid #7335
c3. ors-es�
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James S. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-22t-6707 Email:purchasing@fcgov.com
1.3420 67,100.00
Invoice Address
City of Fort Collins
Accounting Department
PO Box 580. '
Fort Collins, CO 80522-0580
--PURCHASE-ORDER-_------ PONumberPage
City Of` - - - 9121246 2 of 3
FOf Collins{his`numbermust appear
j V ` ` `J on all invoices, packing
slips and labels.
Total $67,100.00
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com PO'BOX-580
Fort Collins, CO 80522-0580
Pin,hige QrdizE Ternis and Conditio,os
1. COMMERCIAL DETAILS.
Tax excmptiom. By =lure the City of Tom Collins Is exempt firm, slam and local wen. Our Excmplton Number is
98-04502. FedmAl Excise Tax Eeemninn Certificate of Registry 84.600058] is registered with the Collector of
Inerrml Revenue. Denver, Colorado (Ref. Colorado Revised Scano. 1973, Chapter 39-26, 114 (A).
Goods Rejecwd. GOODS ItFJECTED Juc'o feilme m nwrO specifications, either x1mn shipped m Jue'o deem of
damage in ransiL may be relwad to you for credit and are ram no be replaced except upon receipt of wri ea
instructions Tom the Crty Off.. Collins,
Inspcetion. GOODS are subject a the City of Fon Collins inspection an arrivcg
Page 3 of 3
11. NONWAIVER.
Failure of Bar Puahaser In main upon said performance of use If. add coalitions hancof. failure or dairy no
clummim any rights or remedies provided herein or by law, failure to promptly ramify the Seller in the event of a
breach, the acapmae ofor paymar for 6oveds hereunder or approval oflhc design, shall era release the &-He, of
any of tine warmnaes or obligations of this pmchwc order end shall era he decreed A waiver of any right of the
purchaser to insist upon strict performance hmvfor any afire rights or remedies As to any such goods, reprdless
of when shipped, remivd or occcp¢d w to say prior or submqum' default bemander, nor shall any potponcd
am] maditirmian or muission of This purchase timer by the PmAunser operate w A wvivcr of any of the temp
hclear.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS.
amhoraW paymcm on the pan of the City of Fort Collins. However, it is to be uMetslowl that FINAL Scllcr and'he Purchaser mature a the in -canal ....it France. overcharges resulting from their f
ACCEPTANCE is deperNem upon completion ofaR applicable required inspection prevedum. violetiow am in fact bmme by the Purchaser. ThemmDre, lw good c.a And w comimco riot for executing this
Freight Temm. specified
on this order be F.O.H., Ciry of Fon Collins.rT00 WOW ST,hat Fon Collins, CO 80522, unless
roll must
accompany
this order. If permission n given to prepay Height and charge separately, the original Bright
bill must-ecampvny invoice Addisieal charges Or packing will no by accepted.
Shipment Distance. Where madugtumrs have distributing points in various pans of the Ahi shipment u
expe'd from he nearest disribution to, to demimtion, and norm (night will be deducted from Invoice when
shipments arc mad, from gnawer datwa.
Pemiu. Seller shall procure at sellers sole cost all accessary pamOin, cenifteams end licenses required by AI)
appbeablc laws, regulations, ogiances and talcs of the sum, municipality, territory, or political subdivision while
the won is pemmaM, or "himod by any mho only eongiamed public Authority having jurisdiction over the work
of vendor. Seller mother agrees to hold We City of Fen Collins beendess from and -going all liability And loss
incurred by them by rcwon of an asserted or established violgion of any such laws, regulations, eminences, rates
and mquiremcros.
Authorization. All panics to this contract Agree the, he represeminces Are, in feel, bona tIM and possess full and
oulpinc a almory to bind mid pries.
LIMITATION OF TERMS, This Purchase Order expressly limits ucecppmme to the terms and conditions gored
herein set forth and any supplementary or regiional men and conditions annexed hereto or incorporated herein by
rd4rimm. Any additional or i iRaenuerms and conditions proposed by seller are objected Id wed bench, rcjecaM.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot nmkc complete shipment la aMvc on your
Promised delivery dale w noted. Time is of tM essence. Delivery and performance must be reelected within the time
stated on the purchase oNer and the documents attached hereto. No Acts of the Pumhasers including, without
Iionotion, acceptance of partial late deliveries, shall operate As a uniser of this prevision. in the Teem ofany delay,
the Purchaser shall have, in addition an other legal ATN equitable rnoWim. The apaion of placing This arch elsewhere
and holding the Seller liable Ibe damages. However, The Seller shall ram be liable for damages es A remit of delays
due to causes not reasonably foreseeable which arc beyond its reasonable conool And wimoot its fault ofnc,O'genee,
such ocn ofGOJ, ens ofcieil or military authorities, govern ruing prionlies, from, strikes, Rood, epidemics, wars or
rims provided Ihnr ounce of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when The Seller Rion reaivcd knowledge clamor In the even' of any such delay, the dam of delivery shall be
changed for the period equal to The time ocmally lost by mason of the delay.
3.WARRANTY.
The Seller warrants that all goods, articles, mawriais and soon covered by this order will conform with applicable
drawings, specifcollons, samples and/or orM1n descriptions given, will be lit for the purposes intended, And
performed with the higbm degree of cam and competence Or ace.,ds nee, with accepted smndmds for work of a
similar main%•. The Seller agrees to hold die p relmmr homeless from any log, Manage or expense which the
Purchaser may sulfa ar incur on account oI the Sellers breach of warmety. The Seller shell replace, repair at make
good, without chat to The purchaser, any defcce or faults ram ising within e (1) year or within shah longer period of
time AS may be prescribed by law or by the ems of my applicable warranty provided by Me Seller after the dmc of
acceptance of the goods furnished hereunder (vmepmnec ram a be unreasonably dclayd), resulting from imperfect
or defective work time or materials f ''shed by the Seller. Acceptance or use m'gaoda by the Purchaser shall not
onsrimle a waiver ofany claim under this warranty. Except as o ilinev w provided in this pureWse order, the Sellers
liability loommFemininelya
der shall extend to all Manages Femininely wed by the breach ofany of dic foregaimg wmmnilcs
or ggrom ces, bun such ii-billy shell in era even' include loss ofpooRts or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Putchwer may make changes m ITS, e. by wrhten change oNer.
5, CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m the wma, other than legal Irms, including Adi ilions to or deletions from
,he qm ilia mi,mally ordered in The specifications or dmo'if,, by India) or written change order. If Any such
change free. 'he amount due or the time -(I'd ... 'a hereundeo, ea equitable udjugmem shall be made.
6. TERM INATIONS.
The Purchaser may at any time by written change ogee, terminate this agreement as in any or All Fmias of the
goods then not shipped, subject o any equitable Adjustment btween the parties As to any work or materials then in
progress provided Ihm the Purchmr shml Out be liable far any claims no goicipnAJ Protits on the uncompleted
potmo of ram'nods.,Ohio work. for inddenal or c.ascqucnlial domugcs. Aad Is era such Adjustmet be made in
favor of the Set ler will, respect
respeco any goods which are the Sc1)crs standard stock. No such a nnination shall reline
Ow Purchaser or the SO], ofany oftheir obligations as To Any goads delivered hnvuMn.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjwtment must be asserted within tinny (30) do,, Onto the dam the change or wicaugion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods mid hereunder shall have been produced said, delivered and furnished in strict
compliance with ell applicable laws and regulmians to which the goods In subject. The Seller shall exeme, And
deliver such documents as may be required To a@c' or evidence mmpllonce. All laws rend regulations required to be
incorporated in agmemems of this charmer are hereby incorporated hcrcin by this m@mnm. The Seller agrees to
indemnify mill hold he Purchawr hamllen fmm e11 coo¢ and damages suffered by The Purchaser As A result of the
Scllers faiure to comply with such Ives.
9. ASSIGNM ENT.
Neither pony shall assign. worm@, or convey this order, or any monies Time or to become due hereunder without the
prior written cure em ofthe other party.
10. TITLE.
the Seller wormnts full, clear end unrestricted One m the Purchaser for all equipmem, nmterials, and imms fumishd
n pmformmee of this Ab ecm,m, free and clear of any and nil liens, rest fictions, reservations, security interest
encumlownes dad claims of .,he.,
Poor mu order, the Seller hereby Assngns to the Purchaser any and all claims it may now have aT herca er
acquired under federal or state Antitrust laws for such overcharges relating to the particular goods or mansion
Purchased or acquired by the painful Through, a this purclusr under.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs We Seller to canon nonconforming or defective goods by a date to be agreed upon by 'he
Purchase and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be p rformed by the most expeditious means available to it, and the Seller shall pay all
coots assecimed wish such work.
The Seller shall rdeom IN Pumhasn end its contra tors of dry tiff from ell liability and claims of any nature
esullmg from the 11ficmmunee of such work.
This release shall Apply even in the event of Sala of deglill. of the party released arm shall extend m Me
dimmq -dicers and employees ofmm pmy.
The Seiler, thomm al obligaviorm, including seminary. shall not be deemed to bat reduced, in any way, because
such work is performed or caused an be perfomOed by the Purchaser.
14. PATENTS.
Whencvcr the Seller is required 10 um any design, device, material or process enacted by Into,, proem, aademark
or copyright, Me Seller shall indemnify and eve hornless the Purchaser Sam any and all claims for infringement
by museum of the use of such patented design, device, mmaial or process in connection with the contuq and
shall indemnify the Purchaser for any own, expense or damage which it may be obliged to pay by nelson ofmch
infringement at any time timing the prosecution or after the compleia of the won. To caw mid equipment, or
any pm @ereof Or the imeMM use, of the goods, is in such suit hid to emmimre impingement and the use of
mid equipment or pan u enjoined, Me Seller shell, at its own expense and at its option, either procure fro the
Purchaser the right to continue using said quipmat or pans, replace she game with subsmmially equal be,
nomnfringing equipmem, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If me Seller stall became insolvent or banWpt, make An assignment for the benefit of crMirors, vp,im A
or ammo for anpwl y of the Seller prorty ar bncss, this Order may fonhwich be canceled by the
Pmention
haser without liability.
16. GOVERNING LAW.
The defronatim of'eme used or the interpretation Giffin, agmhro m and the rights -fill panics hereunder shall be
constmed uMe god govm ad by die lows afthe State of Coleman, USA.
The following Additional Conditions apply only in teams where The Seller is to pafmm won herandar
including the senior ofm Re SelleprasenapiOnsh oo the prcmtms ofothers.
19, SELLERS RESPONSWMTY.
The Seller slut] carry on said work at Sellers own ask until the same is fully completed erg acap'ed, and shall,
in case of any accident, destmoion or injury to the wort atWor materials before Sellers goal completion and
acceptance, complete the work a' Sellers own expense and has the mrufation of fire Purchaser. When goal
and equipment m famished by chasm for handidl on or erection by Oil Seller, the Sells shall receive, unload,
more and handho same m'he site end become responsible therefor w Ohagh such matnilils erNor equipment
were being fundehed by she Seller undo fhe timer.
18. INSURANCE.
The Seller shall, at his awn expense, provde fm the paymcm of workers compensation including occupational
disease benefits, to its employees employed om or in canenion wild the won onad by this purchase We,
and/or to their dependeats in accordance with the laws of die state in which the won is a be done. The Seiler
shall also carry mmprehcwive general liability including, but not limited a, can-nual and automobile public
liability Instuance with bodily injury and death limits of at Ices' STOROO I for any one person, S5Ug000 for any
one accident and property dammge limit per accident of S400,000. The Seller shall likewise require his
commnors, if any, At provide for such compensation and insmana. Bet any of the Sellers or his coum9nas
employees shall do any wan upon the ptemima of oNco, the Seller shall fetish the Pumhasef with A cenitim,
that such compensation And msurana have Mn provided. Such emificmes shall specify the dam when such
compensation and insurance have been provided. Such cenificams shall specify the date when such compensation
and insurance expires. The Sella Agrees Thar such compensation and insurance shall be maintained until aRn the
entire work is completed and aces ned.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability far any and ell damage, tom or injury fany kind
natureor whamacver in persons ar property tamed by or reaching fmm the execution of the work provided fu in
'his purchase main ar in anntttion herewith. The Seller will indemnify and hold hvmleas the Purchaser W Any
r all Of the PurchasO icers. agents tad employees from fatnd sse
al against any eall claims, lows. ti mgw,
cers harges an expewas, whether direct or indirect, and whether to Famous or property no whim the Paahmr may
be put or subject by reason of any act, action, neglecl, omission or default on the pm of The Seller, any of his
ontianars, or any of the Sellers or component niHcers, agents or employees. In case any suit or other
proceedings shall be brought against Me Purchaser, or its officers, agents or employees at any Marc on eccoum or
by reason of any en, acting, neglen, omimion or default of the Seller of my of his catranors or any of its or
their olRccrs, .gaga or employees As aforeml4'he Saner hereby -faces m aaonc the defense thereof cad to
defend the mine at the Sellers own expesw, 90 pay any end all costs, charges. anyone, foss and other expenses,
any and all judgments dot may Be incurred by or obtained again- the Pmchwa or any of its or 'he,, officer,
-gears or cmployces in such mid or .Thor pruoathings, And in caw judgment or other lien be placed upon or
obtained against Rim property of 'he Purhaser, or mid pries TO or w A retell afmch suits or other, pmcnagail ,
,be Seller will at axe reuse thn sire ro be dissolved end discharged by giving bond ar otherwise. Tbc Seller AM
his cmrantors shall rake all mfcry promotions, famish and mere, all guards necessary for the prevention of
accidents. comply with all laws end regulations with regard to many including. be, without limitation, the
Occupurloonl Safry and Health Act of 1970 and all film, and reguluti., imted pursuant dmma.
Revised 03R010