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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEMS - PURCHASE ORDER - 9121843City of F,.ort Collins Date: 03/28/2012 PURCHASE ORDER Vendor: 108464 PRYSMIAN CABLES 81 SYSTEMS 700 INDUSTRIAL DR LEXINGTON South Carolina 29072-3755 PO Number Page 9121843 1of3 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: 03/28/2012 Buyer: OPAL DICK Note: Vendor: per spec last order 6/18/09; Prysmian PO 9953750 Line Description Quantity UOM Unit Price Extended Ordered Price 1 75031021; cable 1/0 AL UG TRIPLEX CABLE 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 60000 FT .8630 Invoice Address: 51.780.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of9121843 2 of 3 t Collins ns This number must appear " on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 75031021 YARD CABLE, U.G., 600V, AL, COMPRESSED, TRIPLEX, 241/0 19 STRD., INSULATED BLACK, 142 7 STRD., INSULATED YELLOW OR YELLOW STRIPED, PER SPEC. #369-100, REV. S , SERIAL #04, SHIP ON N/R REELS, APPROX. 1000 FT/REEL (SEE SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING) 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., ; Per quote #4059566 Delivery: 13-15 weeks Firm pricing 9-0� Q. O✓l�-ssL-a-F— 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 $51,780.00 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 1. COMMERCIAL DETAILS. 'fors v pitons By statute the City of Fen Collins is asengv from late wad local hises, Our Lu kphon Number is 11 NONWAIVEIt 98 04501Federal Esc sc Tax Exemption Certthentc of Registry 84 iffir 7 is regutuoed with like Collector of I'o lure of the Yunha,er to insist upon Snick petlonnanec of rise nrnts and condition hcrcol, 1nJwc or delay fo Imcnwl Itcrcnuc, Dafrq Colorado (lice: Colorado Reviad Skamms 1973, Chapter }q_26, 114 (a). exercise any rights or remedies provided herein or bylaw, failure to promptly notify the Salter in the event of a b.... ercundcr or approval of de dsi,,, shall oat rule., the Sale, of Goods Rejected, GOODS REJECTED due to failure to meet sp,cificrni.m,, cit un-,lick shipped or due to defect, of auy of the wurra tics or ubligaions of [[its purchase order and shall not be deemed a waiver of any right of the damage in transit, necy be onvi..ed to you for credit and are not to be ,placed excpk upon receipt of written Purchaser to insist upon strict i ahanno nee hereafar any urns rights Or remedies an to any such goods, rogndlm it"unknions floor tit, City of Fort Collins. of ,h,n slfipped, received or accepted, a, nt any prior m subsequent dd rest hcmmme, for shall any purpo l,d oral modification or « scission of ([its purchase older by the Purchaser operate as a waiver Of any of the [erne Insp<ction. GOODS arc subject to rise City of Fort Collins inspection on anival. hcrcol. Final Accgnancc Receipt of the merchandise, services or equipment in response to dill onlcr cm result in 12_ ASSIGNMENT OF ANT[ CLAIMS. ink paynnm on the pun of the City of Fon Collins. HoweveS it is to be understood that FINAL Seller and the Purchaser recognize ehw in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inpcsion pwwcdwrs. violation are in fact borne by life Powle ser. Theretofore, for good came 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 Tenn,. Shipnw•nts me[ be F.O.B., City of Fon Collins, 7011 Wood St., Fort Collins, CO 90522, unless acquired undo' federal or slot, antitrust laws for such ov,rchwges relating to the particular goods or services otherwise specified on this order. If peroussun, is given ro plop., &cigh, and charge s,jorm iy, it,, original flight purchased oracquiied by [Ira Purchaser purxuan to this purchase miler. bill rant accompany invoice. Additional chargers I.. packing ,ill not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBL[GA'LIONS. Shipment Distance Where manufacturers Imve distributing paints in curious parts of the country, shipment is If the Paribas,, choices the Seller to current nonconforming or defective goods by a date to be agreed upon by life expected from [tic n vrst distribution point to dstination, and excess Lincoln will be deducted from Invoice when Purchase, ud the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater disloacu. ntay cause the work to be performed by the Jr.,, expeditious means available to it, skid the Seller Shull pay all costs uvociated with ,uch On, Permits. Seiler shall procure at sallen sale cast all necessary permit,, eenificros and licenses required by all applicable laws, regulations, ordinances and rules of [hc state, municipality, territory or political subdivision where it,, work is perforated, or nyuireci by any other duly constituted public authority having jurisdiction over the work of v,ad.,. Seller further agrees ro hold the City of Fort Collins harmless Irmo and against all liability and loss incurred be them by noon of an ssrncd or established violation of any such laws, regulations, ordinances, rules and requimmenls. Authorization. All panic us this contract toter that the representatives arc, in lack, horn fide and possess full and complete authuf.y to bind said panics. LIMITATION OF TERMS.'fhis Purchase Order expressly limits acceptance to the terms unit conditions stoned herein set foul and ally supplemcnlory or additional terms and conditions annexed hcrelo or incorporated herein by reference. Any additional or different sru and condition proposed by seller am objected to unit hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediasly if you cannot make complete shipment 1. arrive on your promised delivery date s nwed.'I inse is of the essence. Delivery and performance must be effected within (he [ion stated on the purchase order and Ihu dtwunems attached hereto. No acts of the Pu vilascrs including, wi[train ]imitation, acecplancz of put hit lute deliveries, shut] operate as a waiver of this provision. In the event of ally delay, the Purchaser,lull have, in udd]i ion to other legal and equitable remedies, the option of placing this of elsewhere and holding the Scllcr Iiab1, for damages. II a%%cver, dtc Scllcr shall nut be liable for danfugcs as a rsu It of delays due to causes tick reasonably forrsecub]c is are beyond its reasonable control and wilhouI its fault of ncgl igcnce, ,uch acts of Goal, act, of civil of military authorities, governmental priorities, fires, strikes, fund, elide ins, wan or riots provided that nude, of the condition caning such delay is given to if, Torah,,, within five (5) days of the (ins when the Scllcr first received knowledgre e thereof: It, ill, event orally such delay, the date of delivery shall be extended for the periud equal to diction: actually lost by reason of fhc delay. 3. WARRANTY. 'fhc Seller warmne that all goods, strides, materials and work covered by this order will cmmfwnr with applicable Jrnvinge, specifications, noupt's and/or other descriptions given, will be fit for the purpuss intended, and performed with the highest degree of cure and competence in accordance with accepted standards for work of u similur nature. The Seller ugrecs in hold the purchaser harndes irovt any loss, damage or expense which the Purchaser key suff,r m incur on account of fhc Scllcr bteaeh of warm ny 'the Seller shall replace, repair m make good, without cm( to the purchaser, any do cs or faults arising within one (I) year or within such long,, period of fins us may be prescribed by law or by the [cnns ofany applicable warranty provided by the Seller after [Inc date of cecpmnec offhe goods furni,heJ hereunder (accepmne, not tube unreasonably delayed), resulting from infpfnbet or dffective work done or materials famished by the Seiler. Acceptance or sc ofgouds by flue Purchaser shall not emW itwf o ferule,, ofany claim under this ,armory. Except m otbenvise provided in this purchase miter, (he Sellers liability hereunder shall extend to all damages pmsintwcly cased byth, breach of any of the foregoing wunnatics or gnram:f6. but such ]iability shu11 in no even[ include loss ofprefifs or lass ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to ]cg.l gains by written change order. 5. CI LANCES IN COMMERCIAL TERMS. "fhc Purchaser may make any changes to the terms, other than legal ,cnns, including uddilioas to or deletions from fife quantities originally oNced in the specification or drawings, by verbal or sloe l change .,Jere If any such change alf cis the amount due or the tittle of perfornance hercundcq an equitable adjsmten[ shall be made. 6.'FERMINATIONS. 'fire Parches.. may m any time by wrincn change order, terminate this alacena il s to any or all portions of the cool& then our shipped, subjcel to any equitable adjustment between [he parties as to any work or materials then in pragresa p,.video that the Purchaser shut] nut be liable for any clainrs Ibr ann,ilwfcd prafis on fhc ufvuinplcled portion of the goods and/or work, for incidental or consequential drain , and that no such udju9nfcnt be made in r avorof fhc Seller with respect to any goods which are the Sellers srandard skock. No such fenminadon shall relieve the Purchaser or fl a Scllcr of any of their obligations as to any gouts delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Poky aink for adjmaroail ntuat be nscroad within thirty (30) days from the date the change or mrntiamion is ordered. M. COMPLIANCE WITH LAW. If, Scllcr ...rants that all gums sold hercundcr shall have been produced, sold, ddircred mad tanfishcd in strict compliance sold, .11 applicublc laws and regulations to which [be goods are subject. The Scllcr Shull execute add deliver such docmnenes as may be required 10 effect of evidence compliance. All laws and o,gehauka, required m be incorporated in ogfectients of this drama,, are hereby incorporated herein by this rafcrcncc. "1'hc Seller ugrecs to indemnify and hold the Purchscr harntlss from all costs and damages suffered by the Pmchuscr its a result of the Seller ti failure to comply with such Inv. 9. ASSIGNMENT, Neither party shall assign, transfer, or convey this order, or any mmnics due or to become due hercundcr without fhc prior wrincn consent of the other party. IT TIFL E. The Seller warrants folio clear fad unrestricted title In the Purchscr for all equipment, mueriuN, and items furnished in performance of (his agreement, free and clear of any and all liens, restrictions, rescrvutioas, security interest encumbrances and claims of other. The Seller shall micas, the Parchser and its contractors of any tier from all liability and claims of any nature ,dulling from life performance of eruct work. "this micas, shall apply even in the event of fault of negligence of the party 'effused and shall extend to the direct.,,, oBixn and cu.ployrd of well party. 'nce Seller's contractual obligation, including, manly, shall a,,[ be,caned to be reduced, in any way, because such work is performed of caused to be performed by the Purchaser. 14. PATEN I S. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, Irtidennrk Or nop,i ight, the Seller shall indemnify and save harmless the Purchaser front any unit ill china for inGiugnnent by reason of ill, user .finch Entered da,igu, device, material or process In connection with [tic contract, and shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such inhingcmval at any time during the prosecution or after the completion of [he wurk, In case said cquiputcat, or any pan rbcrcuf m the Intended as, of the good,, is in such suit held to constitute infringement and the use of said equipment or part 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 sane with substantially equal but nonintianging equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. 11lire Scllcr shall become insolvent or bankrupt, make err assignment for the benefit of creditors, appoint a rccciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchase, wifimw liability. Its. GOVERNING LAW. The der ..iiions of terms used Or the integnnomtimn of do, agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colurndo, USA. The following Additional Conditimu apply out) in cads whcrc the Seller is to perform work hereunder, including [tic services ofSclla's Represciimlivc(s), on [lie premises of others. 17. SELLERS RESPONSIBIt.I"rY. 'I It, Seller shall cony oil said .,it at Seller's awn risk moil the same is fully completed and uucped, and ,hall, in case of any accident, w,uraction or injury to (tic work and/or materials before Seller's final completion and ecepaume, complete the wurk at Seflcr's own expense and to the satisfaction of the Parchi,cr. When materials and equipment are f'urnisled by others for installation or cncaion by life Scllcr, the Seller ,boll receive, m li nd, store and handle some at the site and become responsible Ilcrefor as though such materials and/or egoipmcnl wcrc being famished by the Seiler order mike offer. 18. INSURANCE. 'I he Seller shut], at his oxen expanse, provide for the payment of corkers compensation, including occupational disease bunclits, to its cmp]oyas employed oil or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of [he sudc in which the ..,it is to be done. The Seller ,],ull also carry comprehensive general liability including, but non limited to, contractual and automobile public liability insurance with bodily injury and death limits ofal ]cast S3WE000 for any one person, S500,000 for any tine au:id,ad untl property damage limit per accident of S400,000_ The Seller shall likewise require his contractors, if tray, to provide for such confpcnsalto k and inuraacc. Before any of the Sellers or his contractors enynluyces strap do any work upon the poenuscs of when, the Seller shall famish the Purchaser with a ecnificute that such compensation and insaruncc have been provided. Such cciifteutes shut] specify the date when such compenmtim and insurance have been provided. Such ecnitieu(es shall specify the dam wren such mmpeasalion and insuran,, expires. Th. Seller uyrces thm .,If eoropensarion and insurance shut] be uainained until altar the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby nomonvs the entire responsibility and liability for any and all damage, loss or injury id ;,fly kind or nature whatsoever to persons or property caused by or resuhiug frank the execution ofthe work provided for or this purchase Omer or in connection herewith. The Seller will indemnify and hold h.nales the Purchaser and tiny r all nt the Pwrhsen uRivers' agents and enyaloyces from and against any and all claims, losses, damages, charges or expenses, whether direct err indinet, and whether to persons or property to which the Purchaser rely be put or subject by rcuson ofatry act, action, neglect, omission m default on the pan of [lie Seiler, any of his comme[ors, or any of the Scllcrs or contractors officers, agents or employees. In case any wit or Other proceedings shut[ be brought against the Purchaser, or its officers, agents or employees or any [inn tin account or by reason of any tic[, union, negl vt, Omission or default of the Seller of any of his contractors err any of its or their officers, agent or employees as aforesaid, the Seller h,rcby ugrecs to a„um, the defense tbcnof .ad to defend fhc sane at the Sellers own experts,, 10 pay any and all cast,, rhargs, dams.. fees and ether cgnn.d, easy and all judgments that may be incuncd by or obtained against the Purchaser or any of its or their officers, or employee, in ,uch wits err olhcr proceedings, and in case judgment or other [full be placed upon or .Minted against the property of it,, Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause fhc same to be dissolved and discharged by giving bond or wher,i,e. The Seller and his conhanor's shall take all safety precautions, onrush .,,it Inutall all guards necessary for the prevention of accident,, comply will 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 f vono. Revised 03f201U