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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9141495PO PURCHASE ORDER 914149er Page City of PURCHASE 9141495 t of 3 ' `t Collins I „s This number must appear �I ` 1 1 on all invoices, packing sli s and labels. Date: 03/11/2014 Vendor: 108464 PRYSMIAN CABLES & SYSTEM USA LLC 700 INDUSTRIAL DR LEXINGTON SC 29072-3755 Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 7503-1130 750ALjacketed 175milcable City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 150100 FT 4.3540 653,535.40 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9141495 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price CABLE, UNDERGROUND, 15KV JACKETED 750KCMIL, 61 STRD., STRANDFILLED ALUMINUM CONDUCTOR, 100% INSULATION THICKNESS, COPPER CONCENTRIC NEUTRALS, AND FLEXIBLE ENCAPSULATING JACKET WITH THREE INTEGRAL RED STRIPES EXTRUDED PER FORT COLLINS SPECIFICATION 367 - 102, REVISION , SERIAL 04 Prysmian Cables and Systems USA, LLC Quote Number: 4065302 Date Quoted: 03/10/14 Lead Time: 50,500 ft. by 6/15/2014 49,100 ft. by 9/15/2014 50,500 ft. by 12/1512014 At wtlmft: 700.300 LB Cu wt/mft: 248.500 LB Cable wt/mft 1,633.000 LB Put -ups Tolerance Reel Size (FxTxDxOW) 3 x 1,500 FT +020/o/-00% 06603628HD 104 x 1,400 FT +01%/-01% 0660283OHD City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 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. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry M-60WS87 ¢ registered with the Collator of Failure of the Painful to insist upon strict performance of the loran and .an. hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights at remedies provided herein or by law, failure to promptly notify Me Sella in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Good Related. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the atics or obligations of this purchase order and shall tam be deemed a waiver of any right of the damage in transit may be mumed to you for audit and are am ro be coplanar] except and racipt of stand. purchaser to insist upon anict 'if.. fica r any of its rights or remedies as no any such goods, regardless instructions from ffc City affront Collins. of when shipped, received or accepted, as to any prior or subsequent default hecemde, nor shad] my puryoned oal modification or racinion of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fast Collins inspection oa arrival hereof. Final Ampoule. Receipt of the mcrchamlix, seances or equipnrcm in response as this omer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. confirmed payment on the pan of the City of Far Collins. However, it is to he mdentood fast FINAL Sella and the Purchaser ressi a that in actual economic practice, overcharges resulting from mtiusast ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofo¢ for good coma and u consideration for executing this purchase older. the Seller hereby asa,cas to the Purchaser any and all claims it may now have or fat Freigm Tom¢. Shipments must be F.O.B., City of Fiat Collins, 700 Wood St, Fon Collins, CO 80522, We. acquired under federal or arse anti., laws for such evachal relating to the paftimlar goads or services otherwise specified on this ardor. If permission is given coo prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany insider. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vanoms pans of the country, shipment s If the Purchaser directs the Seller to correct nonconforming or defective goods by a& to to be agreed upon by the expected from the a-., dianbution point 10 dninmien, and excess freight will be deducted f Invoice when Purchaser and the Seller, and the Seller lhermfer indicates its inability or unwillingness to comply. the Purchaser shipments are made frvm greater distance. may cause the work to he performed by the most expeditious mems available to it, and Me Seller shall pay al I costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses catirW by all applicable laws, regulations, ordinances land roles of the state, municipality, monfory or political subdivision where the work is performed, or requital by any other duly mmti W1ed public amhodry basic, jurisdiction over, the work of vendor. Sella Bonita spaces to hold the City of Too Collins hmmless from and against all liability and lass incurred by them by reason of tar asserted or established violation of my such lows, radiators, ardimnees, tales and tvyoirensnts. Authorization. All parties to this contra agree that the representatives are, in fact, bona fide and possess fell rind omprou aulharity,, bind said pallies. LIMITATION OF TERMS, IIll, Purcbuse Order expressly limits acceptance to the teams and conditions slated herein net forth rind any supplementary or nJditionol teats and conditions amexed herein or incorporated herein by reference. Any additional or different terms and canditions proposed by seller are objected to and hereby Jected. 2, DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately ifyou cannot make complete shipment to arrive on your pm nswal delivery dale as natal. Time is affair essence. Delivery and performance must be effected within the time stated on the purchase order and the dacnments attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial lute deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaciW this order elsewhere and holding the Seller liable for damages. flowever, the Seller shall not be Baltic for damages is a result of delays due to causes tent seasonably f ncesaable which are beyond its reasonable control cd without its fault of negligence, such as of God, as of civil or military authomies,govemr ajoid priomms, fire,, snim, rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the came when the Seller first received knowedge thereof.. In the event of any such delay, the data of delivery shall be ended far ffe period equal to the time actual ly last by reawa of rho delay. 3. WARRANTY. no Sella warrants that all goods. articles, materials and work covered by this order will ronform with applicable drawings, specifications, samples and/or other descriptions given, will b, fit for the purposes morrMed, and performed will the highest degree of sae and competence in ecmmance with accepted stendards fen work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which Base Purchaser may suffer or incur on account of the Sellers breach ofwartsnry. The Seller shag replace, Wall or make good without cost to the purchaser, troy defects or faults rasing within one (1) your or within such longer period of time to may be prescribed by law or by the ¢tars ofany applicable warranty provided by the Sella after the dare of acceptance of the goods fumishrd hereunder (acceptance not to he unreasonably delayed), resulting fen imperial or defective work done or maerials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not cautious a waiver of any claim under this warranty. Except as otherwise provided in Nis purchase order, the Sellers liability hereunder shall extend to all damaeu proximately caused by the breach of arty of the foregoing warcanties or guarantees, but such liability shall in no event include loss of proNs or loss of use. NO IMPLIED WARRANT 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. no Purchaser may make any changes to the tens, offer than legal terms, including additions to or dell ions from the quantities originally ordered in the sped fcmimts or doo, in,,, by verbal or wrinen change order. If any such change affects the amoral due or thr time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any tine by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable aJjutmrnt between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profit on Me uncompleted portion of the goods and a work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which ore the Sellers standard stock. No such termination shall relieve Be Purchaser or the Seller of any oftheir obligations as to any goad delivered hereunder. y. CLAIMS FOR ADJUSTT MENT. Any claim for adjustmrnt must be asserted within thirty (30) days from the date no change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and fished in strict compliance with all applicable laws and regulations to which Me goods are subject The Seller shall tactual and deliver such donal as may be acquired to effect or evidence compliance. All laws and regulations mqu nal to be incmpoated in agreemens of this shimmer are fby incorporated herein by his to.. The Seller agrees m indemnify end hold the Purchaser harmless from all co5s and damages suffered by Ne Purchaser u a result ex the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, sander, or convey this order, err any marries due err to become due (under within, Me Prior wenen comfort of the order any, 10. TITLE. The Sella wool Bill, clear and untrimmed title to the Puchaer for all compilation, materials, and items f fished in performance of this agreement, free and clear of any and all lies, restrictions, reservations, sauriry interest mcumbrarrces and claims of m hr x. The Seller shall release the Purchaser and its wntacmrs of any tia from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extent m the directors, officers and employees of such party. The Sellas contrmclual abligmions, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to see any design, device, mnenal err process covered by ]site, patent, material or copyright, the Seller shall indemnify and save hamiless 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 indemnity the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pm ration or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute inGtngement and the use of said equipment or pan is ajoined, the Seller shall, at its own expertise and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes no dinfringing. 15. INSOLVENCY. If rha Seller shall luxuarm insolvent or Earmupt, make an essigmnem far Ne berefit of creditors, appoint e awaver or trustee for any of the Sellers property or business, ruts order may forthwith To canceled by the Purchaser without liability. 16. GOVERNING LAW. no definitions of teens used or Me interpretation ofthe agreement and the rights of all parties hereurder shall Be communed ..it. and governed by Me Iaws of flaw State of Colomdr, USA. The following Additional Conditions apply only in cases where me Seller B to perform work hereunder, including the services of Sellars Repaeentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall may on said work at Sellers own risk until Me some s fully completed and accepted, and shall, in se of arty accident, destruction or injury to the work cubic materials before Sellers final completion and acceptance, complete to work at Sellers own expense and to the satisfaction of Me Purchaser. When matmals and equipment are Burnished by others for installation or erection by the Sella, the Seller shall receive, railroad, store and handle come al the vim vad become responsible Merefn, as though such mares lls andow equipment ware being famished by the Seller ada no order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment cf workers compensation, including occupational disease bccfrro, to its employers 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 this, carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with Nobly injury and death limits of at least 5300,000 for any one person, S500,000 for any coo accident and property damage limit per accident of S40d000. The Sel[,, shall likewise acquire his rith—hart, it any, to provide for such mmpemfation and insurance. Before any of the Sellers or his courrawas employees shall do any work upon the premises of althea, the Seller shall famish the Purchaser with a certificate that such compensation and Insurance have been provided. Such cenificatm shell specify the date when such compensation and insurance have been provided. Such cenif ctiVs shall specify the date when such compensation and insurance expires. The Seller agreo that such compensation and insurance shall be, maintained until offer the ounce work is completeted and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or name whatsoever to persons or properly caused by or resulting from me execution ofm, work provided for in this purchase order or in connection herewith. Ile Seller will indemnify and hold harmless the Purchaser and any r all of the Norman officers, agents and employees from and against arty and all claims, losses, damages, charges or experses, whether direct or indirect, cod whether to person or property, to which the Purchaser may b< put or subjal by reason of my act, anion, .,]all, omission or default on no pan of the Sella, any of his contactors. or any of the Sellers or contractors officers, agents of employees. In case, my snit or other proceedings shall be brought against the Patchneq or its officers, agents or employees m my time on account or by rtasm of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or Nei, ifcors, agrnts or employers as aforesaid, the Sella hasty agrees to assume no defense mat and to defend the same tr1 the Sellers awn express. Ir pay my and aft costs, charges, atwmeys f tar] other expences, any and all judgments that may be, into ed by or obtained against Ne Purchaser or my of its or their officers, agents or employees in such suits or other praxdings, end in case judgment or other lien be placed upon or obmined against Me rWary of the Partial or mid parties to 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 band or otherwise. The Seller and his contactors shall take all safety prmaulios, famish and install all guard necessary for the praenmion of accidents, comply with all sws slid regulations will tegam to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and in futons issued pursmanl themo. Revised 03Q010