HomeMy WebLinkAboutBID - 7335 LP CABLE UG 600V ALity O f
City
Financial Services
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Purchasing Division
216 N. Mason St. 2n°Floor
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PO Box 580
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Fort Collins, CO 80522
970.221.6775
Purchasing -
970.221.6707
fcgov. corn/purchasing
INVITATION TO BID
7335 LP Cable, U.G. 600V AL
BID OPENING: 3:00 P.M. (our clock), February 17, 2012
The City of Fort Collins is requesting bids from firms for cable, U.G. 600V AL.
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid proposal and/or contract documents. If delivered, they are to be
sent to 215 North Mason Street, 2no Floor, Fort Collins, Colorado 80524. If mailed, the address is
P.O. Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), February 17,
2012.
Questions regarding bid scope, submittal or process should be directed to Opal Dick, CPPO, Senior
Buyer at (970) 221-6778 or odick@fcgov.com.
A copy of the Bid may be obtained as follows:
Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fegov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter
into contract or honor the purchase order will be cause for removal of supplier's name from the City
of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
7335 LP Cable U.G. 600V AL Page 1 of 13
Cityof
Financial Services
Purchasing Divisio215 N. n Floor
ason
F6rt
Collins
80
Boxort
FPO
Collins, CO 80522
970.221.6775
Purchasing
970.221.6707
fcgov. com1puom/purchasing
INVITATION TO BID
7335 LP Cable, U.G. 600V AL
BID OPENING: 3:00 P.M. (our clock), February 17, 2012
The City of Fort Collins is requesting bids from firms for cable, U.G. 600V AL.
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid proposal and/or contract documents. If delivered, they are to be
sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is
P.O. Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), February 17,
2012.
Questions regarding bid scope, submittal or process should be directed to Opal Dick, CPPO, Senior
Buyer at (970) 221-6778 or odick@fcgov.com.
A copy of the Bid may be obtained as follows:
Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fcaov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter
into contract or honor the purchase order will be cause for removal of supplier's name from the City
of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
7335 LP Cable U.G. 600V AL Page 1 of 13
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject
any and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or
is seeking to do business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self -stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after
the bid opening.
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
7335 LP Cable U.G. 600V AL Page 2 of 13
CITY OF FORT COLLINS
BID PROPOSAL
BID NO. 7335
BID OPENING: 3:00 p.m. (our clock) February 17, 2012
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
CABLE, U. G. 600V, AL PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS.
QUANTITY: DESCRIPTION:
60,000 Ft. Cable, U.G. 600V, AL, compressed, triplex, 2 44/0 19 strd.,
insulated black, 1 #2/0 19 Strd. insulated yellow or yellow striped,
per spec. #369-100, Rev. , serial #05, ship on n/r reels, std. Pkg.,
(approx. 1000 ft/reel)
Cable 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.
$ Ft. Total
Mfr. Mfr. #
Delivery in Weeks:
Delivery times may be evaluated in the award of this bid. Stated
delivery will be expected to be met; failure to perform can result in
the removal of your firm from the City's bid list for up to three years.
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.
For purposes of warranty and service ONLY approved manufacturers or distributors authorized
by an approved manufacturer to serve the Fort Collins area may bid.
Does cable conform to referenced specifications without exception? Yes No, please
list exception(s), including specification paragraph number, on a separate sheet.
Price is firm? Yes No, if no, bid price is based on lbs. of aluminum @
cents/lb. as reported by Metals Week U.S. Market dated
7335 LP Cable U.G. 600V AL Page 3 of 13
Bids not based on Metals Week U.S. Market as specified in the supplemental instructions to bidders
may be rejected as non -responsive. Escalation occurring after quoted delivery will not be paid.
Additional charges, if any, in $/mft. Please give explanation of charges. Extra charges not included
on bid sheet will not be paid.
/mft. For
/mft. For
The City of Fort Collins reserves the right to split the award between two or more bidders to expedite
delivery or for evaluation of the cable in actual conditions prior to subsequent requirements.
Consideration for the best price and delivery will be evaluated and an award will be made which is
considered to be in the best interest of the City.
Future orders of cable may be authorized, at the option of the City, from this bid for a period of five
years after date of award. Satisfactory pricing and delivery is required for future orders based on
this bid.
SUPPLEMENTAL INSTRUCTIONS
Prices quoted must remain firm for a 30 day period after the opening date.
Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing
submitted on proposal and not entered as separate pricing.
Any discount allowed by Vendor for prompt payment, etc. must be reflected in quoted figure, and
not entered as separate pricing.
The City reserves the right to accept or reject any and all quotes.
Bidder not responding to the services requested in this bid shall be removed from our automated
listing for: Not applicable
Any questions or inquiries regarding this bid should be directed to:
Opal F. Dick, CPPO, Senior Buyer - (970) 221-6778
SIGNATURE AND TITLE TYPED OR PRINTED NAME AND TITLE
COMPANY NAME (AREA CODE) TELEPHONE NUMBER/FAX NUMBER
ADDRESS: STREET, CITY, STATE, ZIP
DATE
7335 LP Cable U.G. 600V AL Page 4 of 13
THE CITY OF FORT COLLINS
Light and Power Department
P.O. Box 580
Fort Collins, CO 80521
SPECIFICATION NO: 369-100
Single and Multiconductor Cross -Linked
Polyethylene 600 Volt Secondary Power Cable
APPROVED BY: =�
Kraig E. B er
Standards Engineering Manager
ORIGNATED: 3/22/73
Revised: 10/28/2003
7335 LP Cable U.G. 600V AL Page 5 of 13
REV. SYM: S
REVISION DESCRIPTIONS
REVISION DESCRIPTION (Previous on file)
CHANGE NOTICE
APPROVED
Revision N:
N/A
Tim M. Sagen
• Page 6. para. 3.2.1: Add quadruplex
Susan Coram
assembly:
5-23-90
• Page 10. para. 5.0: Add open -bed truck
Requirement
• Repaginate
Revision O:
N/A
Susan Coram
• Update Appendix A, Alcoa Now ACPC,
7-26-93
remove Kaiser & Reynolds
Tim M. Sagen
7-26-93
Revision P: Reissue
N/A
Tim M. Sagen
• Page 1, add filename
6-9-94
• Update Appendix A: Remove ACPC
Susan Coram
Revision Q:
N/A
Tim M. Sagen
• Page 1, add "prepared by"
7-21-95
• Page 7, para 3.2.3.1;
Susan Coram
• Update Heat distortion test to Hot Creep and
Set
• Page 11, Update Cablec to BICC
Revision R:
April 11, 2002
Kraig Bader
• Reformatted, converted to MS Word and
4/11/2002
delete List of Active Pages
Tim Sagen
• Page 6 Updated Table 1 - Added 350kcmil
4/11/2002
single conductor cable (7503-1038).
• Updated BICC to General Cable.
• Grammar correction in Section 3.2.1
Revision S:
October 28, 2003
Kraig Bader
• Page 6 Updated Table 1 to include stranding
10/28/2003
as one of the specific options for each cable.
Changed 500 kcmil single conductor cable
(7503-1036) to compact stranding.
• Added #6AWG triplex to Table 1
369-100
7335 LP Cable U.G. 600V AL Page 6 of 13
REV. SYM: S
TABLE OF CONTENTS
REVISIONDESCRIPTIONS............................................................................................................................................ 2
TABLEOF CONTENTS.................................................................................................................................................... 3
1 SCOPE...............................................................................................................................................................................4
2 APPLICABLE DOCUMENTS....................................................................................................................................... 4
3 REQUIREMENTS........................................................................................................................................................... 4
3.1 GENERAL REQUIREMENTS................................................................................................................................... 4
3.2 SPECIFIC REQUIREMENTS..................................................................................................................................... 4
3.3 IDENTIFICATION..................................................................................................................................................... 6
4 QUALITY ASSURANCE................................................................................................................................................ 6
4.1 RESPONSIBILITY FOR INSPECTION..................................................................................................................... 6
4.2 TESTS......................................................................................................................................................................... 6
5 PREPARATION FOR DELIVERY............................................................................................................................... 6
TABLE
1.....................................................................................................................................6
APPENDIXA..................................................................................................................................................................... 7
a
3(jy-1 UU
7335 LP Cable U.G. 600V AL Page 7 of 13
REV. SYM: S
SPECIFICATION FOR
SINGLE AND MULTICONDUCTOR CROSS -LINKED
POLYETHYLENE 600 VOLT SECONDARY POWER CABLE
1 SCOPE
This specification establishes the minimum requirements for 600 volt, cross -linked polyethylene insulated,
secondary power cables suitable for direct burial, installation in ducts, or aerial applications.
2 APPLICABLE DOCUMENTS
The following documents of the issue shown form a part of this specification to the extent specified herein.
In those cases when the document is not dated, the latest issue in effect on the date of invitation for bids
shall form a part of this specification.
2.1 ICEA S-66-524
Cross -Linked -Thermosetting -Polyethylene -Insulated Wire and Cable for the Transmission and
Distribution of Electrical Energy.
2.2 ASTM B-230
3 REQUIREMENTS
3.1 GENERAL REQUIREMENTS
Cable purchased under this specification shall meet all applicable requirements of the Insulated Cable
Engineers Association (ICEA) Standard Publication S-66-524 with additions or deletions as detailed
herein.
3.1.1 APPROVED MANUFACTURERS
Cable purchased under this specification shall be of the manufacturers listed in Appendix A.
Manufacturers not listed may submit written proposals demonstrating compliance with these
specifications for consideration of addition to the accepted manufacturer list prior to the next
request for bids. Acceptability of the listed manufacturer's cable will not be determined solely by
inclusion in this list. Listed manufacturers must satisfy all requirements of this specification to be
acceptable.
3.2 SPECIFIC REQUIREMENTS
3.2.1 CABLE ASSEMBLY
When multi -conductor cable is required the assembly shall be as follows:
• Two conductor cables shall consist of two black insulated single conductors duplexed. The
length of lay shall not be less than 30 nor more than 60 times the insulated conductor
diameter.
• Three conductor cables shall consist of two black phases and one yellow or yellow striped
neutral insulated single conductors triplexed. The length of lay shall not be less than 35 nor
more than 60 times the larger single insulated conductor diameter.
• Four conductor cables shall consist of three black phases and one yellow or yellow striped
neutral insulated single conductors quadruplexed. The length of lay shall not be less than 40
nor more than 60 times the larger single insulated conductor diameter.
3.2.2 CONDUCTOR
The conductor shall be "EC" grade aluminum, compressed or compact stranding, in applicable
sizes, as defined in Table 1. Stranding shall be in accordance with ICEA S-66-524 Part 2. Tensile
4
369-100
7335 LP Cable U.G. 600V AL Page 8 of 13
REV. SYM: S
strength shall be 12,000 to 20,000 psi for solid conductors. Conductor diameters for the various
cable sizes purchased under this specification shall be in accordance with Table 1.
3.2.3 INSULATION
Insulation shall be extruded cross -linked polyethylene (XLP) applied as an integral insulation -jacket
in accordance with ICEA S-66-524. In triplexed assemblies, phased conductors shall be black and
neutral conductor shall be either solid yellow or have three (3) equally spaced extruded yellow
stripes. Minimum insulation thickness at any point shall be not less than 90 percent of the
minimum average thickness values shown in Table 1. The insulation shall be applied in a manner
which prevents inclusions of insulation in the interstices of the conductor. If a mylar separator is
used, it must be opaque. Insulation properties shall be as required by ICEA S-66-524 and the
following paragraphs.
3.2.3.1 PHYSICAL AND AGEING REQUIREMENTS
Tensile strength (minimum).......................................................1,800psi
Elongation at rupture (minimum) ................................................... 250%
After air oven test at 121 0C±1 °C for 168 hours — tensile
strength and elongation at rupture,
minimum percentage of un-aged value.......................................75%
Hot creep, 1500 C ± 2° C maximum percent:
Unfilled.................................................................................... 175%
Filled........................................................................................ 100%
Hot creep set maximum percent:
Unfilled...................................................................................... 10%
Filled............................................................................................ 5%
Solvent extraction, maximum percent, after 20 hours
drying time (referee test): ............................................................. 30%
3.2.3.2 ELECTRICAL REQUIREMENTS
Insulation resistance constant (k) at 15.6°C (600F),
minimum..................................................................................10,000
SIC at 75°C, 80 VPM, 60 cycle, maximum........................................6.0
3.2.3.3 WATER ABSORPTION
Electrical Method
Dielectric constant after 1 day, maximum..........................................6.0
Increase in capacitance, maximum percent:
1 to 14 days.............................................................................. 3.0%
7 to 14 days.............................................................................. 1.5%
Stability factor after 14 days, maximum.............................................1.0
Alternate to stability factor -- stability factor difference, 1 to 14 days,
maximum............................................................................................0.5
369-100
7335 LP Cable U.G. 600V AL Page 9 of 13
REV. SYM: S
3.2.4 INDIVIDUAL CABLE REQUIREMENTS
The following table shows the catalogue numbers and the various requirements for insulation
thickness, compressed or compact stranding, and assembly, for cable purchased under this
specification.
Table 1: Cable Requirements
Stores
Number
Serial
Num.
# of
cond.
Config.
Phase
Neutral
Size
# of
Strands
Nominal
Dia.
(inches)
Insulation
Thickness
(mils)
Size
# of
Strands
Nominal
Dia.
(inches)
Insulation
Thickness
(mils)
7503-0982
03
1
#1/0
19
.361
80
7503-1017
11
3
triplex
#6
7
0.310
60
#6
7
0.310
60
7503-1021
04
3
triplex
#1/0
19
.361
80
#2
7
.283
60
7503-1027
05
3
triplex
#4/0
19
.512
80
2/0
19
.406
80
7503-0993
06
1
-
#4/0
19
.512
80
7503-1032
07
3
triplex
350
37
.661
95
4/0
19
.512
80
7503-1036*
08
1
-
500
37
.789/
.736*
95
7503-1034
09
4
quadpIx
350
37
.661
95
4/0
19
.512
80
7503-1038
10
1
350
37
.661
95
Note:- Compressed stranding is preferred, but compact will be allowed for conductors marked with an asterisk
("*"). Cables without the asterisk marking shall be compressed stranding.
3.3 IDENTIFICATION
Each conductor shall have a durable continuous marking showing the manufacturer's name or
trademark, voltage rating, and conductor size. The separate phase conductors shall be individually
identified. Marking shall not cause surface irregularities.
4 QUALITY ASSURANCE
4.1 RESPONSIBILITY FOR INSPECTION
Unless otherwise specified, the vendor is responsible for the performance of all inspection
requirements as specified herein. Except as otherwise specified, the vendor may utilize his own
facilities or any commercial laboratory acceptable to the City of Fort Collins. The City reserves the
right to perform or witness any of the inspections set forth in this specification where such inspections
are deemed necessary. If required by the Purchase Order, representatives of an independent test
laboratory acceptable to the City of Fort Collins shall witness or perform all tests required therein and
shall certify all test reports.
4.2 TESTS
All cable manufactured under this specification shall be tested according to the applicable paragraphs
of ICEA specification S-66-524. If required by the Purchase Order, certified test reports shall be
furnished to the City of Fort Collins.
5 PREPARATION FOR DELIVERY
Packaging and marking of articles procured under this specification shall be in accordance with the
Purchase Order and the following: Each reel shall be legibly tagged with type, voltage, and length of the
cable, the purchase order number and the name and address of the manufacturer. Each reel shall be
weighed and marked with actual tare, gross and net weights. Average weights are NOT acceptable.
Reels shall be shipped on open -bed truck(s) with reels in the upright position; i.e., on flanges, and blocked
to prevent movement during shipping.
7335 LP Cable U.G. 600V AL
6
369-100
Page 10 of 13
REV. SYM: S
APPENDIX A
Approved Manufacturers
• Alcan Cable
• General Cable
• Pirelli Cable
• Southwire
369-100
7335 LP Cable U.G. 600V AL Page 11 of 13
Rev: 5-10-90
SUPPLEMENTAL INSTRUCTIONS TO BIDDERS
SPECIFICATION 369-100
In addition to the requirements of the "Invitation to Bid" and the "Purchase Requisition", the following shall
apply:
A. Price Quotation
If metal escalation is quoted, the following statement and information shall be included on the bid sheet:
Prices quoted herein are firm except for metal escalation/de-escalation on date of shipment based on
producer's price of metal as reported in the Metals Week U.S. Market and the following quantity:
pounds of aluminum @ Vlb.
Aluminum adjustments upward or downward will be based on Metals Week U.S. Market price as
published in "Metals Week" for the entire month prior to quoted ship date.
If any other escalation is quoted, the bidder shall indicate on the bid sheet the specific items or
materials subject to escalation and shall give the method, the current index and the reporting
publication or source of the index to be used in computing the amount thereof.
Escalation occurring after quoted delivery date will not be paid.
B. Shipping Terms
Shipment shall be by open bed truck.
Terms: FOB point of destination. Freight prepaid and allowed.
C. Failure to Meet Quoted Delivery
If a manufacturer fails to meet quoted delivery that manufacturer may be debarred from consideration
for award of contracts for a period not to exceed three years.
D. Date of Receipt of Order Defined
The purchase order will be sent by certified mail, return receipt requested and the date shown on the
return receipt shall be considered the date of receipt of order.
E. Date of Shipment Defined
The date of shipment shall be defined as the date the bill of lading is signed by the carrier.
369-100a rQ .doc
7335 LP Cable U.G. 600V AL Page 12 of 13
Purchase Order Terns and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Page 2 of 2
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
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 tcmms
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 front antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this
urche rd h
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If pcmtission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the 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 to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason 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 fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller 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 date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
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 remedies, the option of placing this order elsewhere
and holding llte Seller liable for damages. However, the Seller 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 of civil or military authorities, governmental priorities, fires, strikes. Rood, 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 Seller 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 care and competence in accordance with accepted standards for work of a
similar nature. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost 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 of any applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of 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 order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tents, 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 of perfomtancc 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 not shipped, subject to any equitable adjustment between the panics 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 goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seiler 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 from the date the change or temminalion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc 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 agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless front all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
p se o er, I c Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter 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 contractors of any tier from all liability and claims of any nature
resulting from the performance 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, officers and employees of such party.
The Scllcrs contractual obligations, including warranty, shall not be decried to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from 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 reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any part thereof 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 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 tcmts used or the interpretation of the agreement and the rights ofall panics 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 Scllcrs Rcprescntativc(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Scllcrs 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 Sclices final completion and
acceptance, complete the work at Scllces own expense and to the satisfaction of the Purchaser. When materials
and equipment arc furnished by others for installation or erection by the Seiler, the Seller shall receive, unload,
store and handle saute at the site and become responsible therefor as though such materials and/or equipment
were being furnished 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 at 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 provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchascr 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 until aficr 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 of any kind
or nature whatsoever to persons or property caused by or resulting front the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamiless 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 of any of his contractors or any of its or
their officers, 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, allomeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its 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 of the Purchaser, or said panics in or as a result of such 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 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
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010
7335 LP Cable U.G. 600V AL Page 13 of 13