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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9141591Fort Collins Date: 03/18/2014 PURCHASE ORDER Vendor: 108464 PRYSMIAN CABLES & SYSTEM USA LLC 700 INDUSTRIAL DR LEXINGTON SC 29072-3755 PO Number Page 9141591 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 7503-1027 4/0 AL UG Triplex Cable Bid 7335 80000 FT 1.3220 105,760.00 CABLE, U.G., 600V, AL, COMPRESSED, TRIPLEX, 244/0 19 STRD., INSULATED BLACK, 1 #210 19 STRD., INSULATED YELLOW OR YELLOW STRIPED, PER SPEC. #369-100, REV. , 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 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 TERMSMAY RESULT IN REMOVAL FROM THE BIDDER'S LIST FOR FUTURE ORDERS. On all Purchases Orders for cable, switches, and transformers, we ask that drivers give us a call 24 hours in advance. Steve Serna - 970-221-6709 Dan Hofeling - 970-217-9494 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@fogov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of Fort Collins PURCHASE ORDER PO Number Page 9141591 2of3 This number must appear on all invoices, packing slips and labels. Line Description nu�'o;'eA UOM Unit Price ��prirn Quote info: Put -ups Tolerance Reel Size (FxTxDxOW) 20 x 1,000 FT +10%/-10% 04502821 H D 60 x 1,000 FT +10%/-10% 04502821 H D Quote Number: 4065357 Date Quoted: 03-13-2014 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 Total Invoice Address: 105,760.00 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 Fan Coll ins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98 04502. Federal Excise Tax Exemption Centime of Registry 84-6000587 is regielered with the Collector of Failure of the Purchaser to insist upon strict performance of the tams and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in be event of a breach, the acceptance ofor payment for goo& hereunder or approval no'be design, shall not release the Seller of Goods Rejected. GOODS REJECTED due In failure to meet specifications, either when shipped or due m degrees of any of the wrerponic, or obligations of this purchom order and shall oat be deemed a waiver of any right some damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon Suitt performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pugmned oral modification or rescission of this purchase order by be Purchaser operate as a waiver of any of the tams, Inspection. GOODS are subject to the City of To" Collins inspection on arivol. hereof, Final Acceptance. Raeipr of the merchandise, services or equipment in uspense to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. aulhorizW payment on ,he pan of ,he City of Fan Collins. However, it is to be understood that FINAL Seller end the Purchaser recognize that in actual mommus, practice, o ercherges resulting Rom moutrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in faze home by be Purchaser. Theretofore, good cause and is wmidertion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter freight Terms. Shipments most be FOR., City of port Collins, 700 Woad St, Pon Collins, CO 80522, unless acquired code, federal m shore antitrust laws for such overcharges relating to the particular goads or sciences otherwise specified on this order. If permission is given to prepay freight and charge sepa wely, the original freight purdmud or acquired by the Purchaser pursuant t9 this purchase order. bill must accompany invoice. Additional charges for parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance, Where mmmmornrers have distributing points in various pans of the coumry, shipment is If be Purchaser directs the Seller to torten nonctmfcarri or defective goods by a date W be agreed upon by the expected form the nearest dindbutio s point to destination, and excess freight will be, deducted fmin Invoice when Purloiner and the Seller, and the Seller butmfter indicates its inability or unwillingness to comply, the Purchaser shipments are made from grm,n dishonce. may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all costs assamm l wish such work. Pemdts. Seller shall procure at sellers sole vast all necessary permits, Candlemas and licerses repaired by all applicable laws, regulations, ordinances cad rules of the store, municipality, panimry or political mthad ision where be work is peafternmerl. or occupied by any other duly comtimted public aolbanty having junsi ieian over the work of expire. Sella fuller agrees to hold the City of Fon Collins hmmleas from and again,, all liability and loss aurrM by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and r yuirements. Authorication. All parties to this contract agree but the representatives art, in fact, bow fide and license, full and complete authority in bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acepmna la the terms and conditions stated herein set forth all any supplementary or additional tams and condi0ons annexed hereto or incorporated heroin by reference. Any additional or different terms and continuous proposed by seller art objected to and hereby rejected. 2. DELNERY. PLEASE ADVISE PURCHASING AGENT immediately if you carom, make emadem shipment ra arrive on your promised delivery date as noted. Time is office essence. Delivery and performance must be effected within the lime stated on the purchase order and the documents meachN hereto. No ate of the Purchasers including, without limitation, acceptance of panial late deliver., shall omme 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 ofplacing this order elsewhere and holding dre Seller liable fur damages. However, ,he Seller shall no, he liable for damages as a resell of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act of Gad, acts ofeiel or military authorities, govemmemml Encodes, fires, strikes, Bend, epidemics, wars or nots provided that notice of the conditions musing inch delay is given to the Purchaser within five (5) days of the time when the Seller Best received knowledge thereof In the event of any such delay, the of to of &I wary shall be expanded for the period ryml to Re time normally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mmenals and work covered by this order will eonfuem with applicable drawings, specificatiom, samples andtor other descriptions given, will he It for the pnryoses intended, and performed with be highest degree of care and confidence in accordance with accepted standards for work of a similar nature. Ile Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sniffer or incur on account of the Sellers breach of wran arty. The Seller shall replace, repair or make goad, without cost to the purchases, any defects or faults arising within one (1) year or within such longer paced 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 ofile grads famished hereunder (acceptance Pat to be unreasonably delayed), (welting front i.,,met or defective work done or rnalmals famished by the Seller. Acceptance or use of goods by the Purchaser shall not reporimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing wnrantiox or guaamees, bur such liability shall in no even, include lass of pruip, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE MIALL APPLY. 4. CHANCES IN LEGAL TERMS. The Percloser may make changes to legal terns by written change order. S. CI LANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than spot torte, including aMitions le or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such Clrange affects the amount due or the time of,c,fonnava hereunder, an equitable adjnnmcnt shill be nmle. 6, TERMINATIONS. The Purchaser may at any time by written change order, lerminam Ihls agreement as m any or all portion, of the goods then not shipped, subject to Pay equitable adjustment between 0e ponies as to any work m materials fl ar in ,PmPcss provided Nor the 11mchaser shall not be liable I'ar nary claims I'or anlici,ened prnlies nn the nncoinPlned portion of the goods and'or work, for incidental or consequential damages, and tlml no such adjustment be made in favor of be Seller with respect m any goods which arc be Sellers standard shock. No such termination shall relieve the Purchases or the Seller ofany of their obligations as; to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mass, be asa,Pcd within thirty (30) days from the date the change ar termination is ordered. 8. COMPLIANCE WITH IA W. The Seller wasomm s char all guts sold hereunder shall have been produced, sold, delivered and finished in strict compliance will all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents an may be required to effect or evidence compliance. All laws and re,ulxtions required to he incorporated in agreements of this chroarm, age hereby incarpomted herein by this reference. The Seller agrees to indemnify and hold be Purchaser harmless from 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, trersfe, or convey this order, or any monies due or to become due hereunder without the ,He, wnnen consen, of we mhef pang. 10. TITLE. The Seller warrants full, des, and communed tide to the Purchaser for all equipment, mammals, and items famished in performance of this agreement, free end clear of any and all liars, marnItims, reservations, seemly lutes, mb.bma. and claims ofothers. The Sella shall micavo ,he Purchaser and its Cemme ors of any lies form all liability and claims of any w,am moulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry reomal and shall extend to the directors, oRcers and employees of such parry. The Sellers comrdcmal obligations, including warranty, shall not be deemed to he educed in any way, because such work is performed or wood to N, pvorhamted by be Purchaser. W. PATENTS. Whenever the Seller is required to use any design, device, utamdal or process m meal by lean, patent, trademark or copyright, die, Seller shall indemnify and save hsrtnlas the Parishioner from any all 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 be prosecution or after Re vampletion of the work. In case said equipment, or any pan therm( or the intended use of the goods, is in such suit held W o 1perte infringement and the use of said egmpmnn par pan is joined, the Seller shall, at its own expense and at its option, either procure for do, Purchaer the right to continue using Paid equipment or purl, replace Re same with substantially qual but noninMnging equipment, or modify it sec it bceamcs noninfi nging. IS. INSOLVENCY. If the Seller shall become insolvent or bmhrept, make an assignment for the benefit of creditors, appoint a prociver or Wastes stee for any of the Sellers property or business, this order may fowith be canceby the Purchases without liability. 16. GOVERNING LAW. The definitions oftenns used or the interpretation ofrhe agreement and be rights of all parties hereunder shall he consumed uMer end governed by the laws of We Spite of Colorado, USA. The following Additional Conditions apply only in cases where me Seller u to perform work hereunder, including the services of Sellers Representative(s), on the premises of ohers. 17. SELLERS RESPONSIRILI'rY. The Seller shall carry no said work at Sellers own risk .,it the same is fully .,].ad and accepted, and shall, in e of any accident, destruction or injury to the work proper materials before Seller's final completion and acceptance, complete the work ar Sellers own expense and to the satisfaction of the Purchaser. When mmmats and equipment are famished by others for installation or erection by the Sell,, the Seller shall receive, unload, store and handle more at the site and become responsible therefor as though such materials and/or quipment were being f mished by the Seller under the order. 18. INSURANCE. The. Seller shall, at his awn expense, provide for the payment of ommus ovenpensmloq including oaupadonal disisim 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 spate in which the work is m be done. The Seller shall also may comprehensive general liability including, but not limited to, contractual and automobile public liability insmmpce with bodily injury and death limits of at least S300,000 for any one pmose, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller ll likawise require his omsM clora if any, to provide for such compensation and insurance. Before any of the Sellers or his mummers employees Shull do mry work upon this promises of others, the Seller shall finish the Purchaser with a certificate that such compensation and insurance have been provided. Such canilenta shall specify the data when such ompensnlieu and insurance have been provided. Spot, truncates shall specify the date when such compensation and insurance expire_ The Seller act-. Iha, snob compensation and nor ance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes 0m One responsbility and liability for any and all damage, loss or injury of any kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchwers officer, agents and employees from and against any and all claims, loses, damages, charges or expenses, whether direct or indirect and whether to persons or Property to which be Purebasn may be put or subject by reason of any not, action, neglect, omission or default on the part of the Seller, any of his combustion, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchan, or its officers, agents or employees at anytime on account or by reason of my act, action, neglect, omission of default of the Seller of my of his cortmclors many of i,, or ,heir oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and ro defend the soma at the Sellers own expense, to Pay any and all ewes, char,., w omeys fees and order expenses, any and all jedgments that may be incurred by or obtained against the Puchaser or any of its or their officers, agents or employees in such suits or other Proceedings, all in case judgment or other lien he placed upon or obained agaimt the property of the Purchase, or said pant. in or w a result of such suits or be, proceedings, the Seller will at once cams, the same to be dissolved and discharged by giving boll or otherwise. The Seller and his contractors shall take all safety pubsortion , finish and install all guards necessary for be prevention of accidents, comply with all laws and regulations with regard to artery including, but without limiation, the Occupational Safely and Health Act of 1970 and all rules and regulations issued pmsuanl thereto. Revised 03n010