HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9145527PO
PURCHASE ORDER 914552 Number Page
City. of PURCHASE
9145527 t of z
Flirt Col
I„s This number must appear
,/_^,`�—,J`-' ` ` 1 1 on all invoices, packing
sli s and labels.
Date: 09/24/2014
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: 09/23/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
75031093; Cable 200000
15Kv, 1/0, AL, jacketed
7208 Cable underground, 15kV jacketed
CABLE, UNDERGROUND, 15KV, JACKETED #1/0 AWG, 19 STRD.,
AL, .012" MINIMUM THICKNESS SEMI -CONDUCTING XLP CONDUCTOR
SHIELD, .220" NOMINAL THICKNESS UNFILLED TRXLPE INSULATION,
.860" +/-30 MILS DOI, .030" MINIMUM THICKNESS SEMI -CONDUCTING
XLP INSULATION SHIELD, .940" +/-50 MILS DOS, 16414 BARE,
UNTINNED COPPER CONCENTRIC NEUTRAL, .040" MINIMUM
THICKNESS BLACK LLDPE ENCAP JACKET,
PER SPEC. NO. 367-102, REV. J ,
SHIP ON 5032 N/R 2500' REELS +/-200'
(SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING CONTAINED IN SPEC)
4 deliveries @ 50,000ft
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
FT 1.9654 393,080.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemption. By statute the City of Too Collins is exempt from state and Intel man. Our Exemption Number is
9"50E. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado Ref. Colorado Revised Serino 1973. Chapter 39-26,114 (a).
Good Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to def2cn of
damage in transit may be retumeJ to you for crMu and are not to be replaced except upon receipt of written
restrictions fmm the City of Fon Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection con arrival.
Final Acceptance. Receipt of the merchandise, sonaces or quipment in turfman, to this order cany result in
authorized payment on the pan of the City of Fort Collins. However, it is to be undersmoJ that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Pon Collins, 900 Wood St., Toy Collins, CO 80522, unlem
dhetwisc sped fal on this order. If permission is given to prepay height 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 In destination, and excess freight will be deducted from Invoice when
,shipments are made from greater distance.
Permits. Seller shall p.am at sellers sole cast all n.essary permits, ceitifrcams and licenses required by all
applicable laws, regulations, ordinanen and tales 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 Sell. further agrees t. hold the City of Fon Collins lamlecs from and against all liability and loss
incurred by them by rcamn arm awned or established violation orany such laws, regulations, otdirances, roles
and rcquiremens.
Authorization. All parties to this contract agree that the reprewmativea arc, in fall, fora fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mot„ and conditions stated
herein set funk and any supplementary or additional tarns and conditions annexed hereto or inceryomted herein by
reference. Any additional or different mrras and conditions Proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your
promised delivery date as noted. Time is of the,sense. Delivery nod performance moat be etmcled within the time
,cited on the purchase order and the dowmenn attached he®to. No aria 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 shill have, in addition to other legal and equitable remedies, the option of placing this order elwwhere
and holding the Seller liable for damage. 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 central and without its fault ofnegligence,
such acts ofGrd. acts of civil or military authothies, governmental pdoritics, fires, strikes, flood, epidemics, wars or
Hors 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 .or to the time actually lost by cram. of the delay.
3. WARRANTY.
The Sella woman that all good, auricles, materials and work covered by this order will coat with applicable
drawings, specifications, sample amVor other descriptions given, will he fit for the purposes intended, and
Performed with the highest degree of rare and competence in occurrence with accepted standards for work of a
iird. nature. The Sella agrees to hold the pwchasa harmless films any loss, damage or expense which the
Purchaser may, suffer or incur on account office Sellers breach of w..,y. The Seller shall replace, repair or make
goad, without cost to the purchaser, any defects or faults raising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms, crony applicable wahranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unramoobly delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of airy 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 MERCHANTABILIT Y OR OF FITNESS FOR PURPOSE SHALT. APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by women change Older.
5, CHANG ES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions fmm
the 9mmlities originally ordered in the specifications or drawings, by sedbal or written change seder. If any such
change alloys the amount it. or the time.(perfrrearm remainder, an goitable adjustment shall be made.
6. TERhfINATIONS.
The Purchaser may at any time by written change order terminate this agreement any or all virdyins of the
goods hen not shipped, subject to any equitable supermen between the pauries a to any work or rncerials then in
progress provided dual the Purchaser shall Out be liable for any claims for mticipaed profits on rise uncompleted
portion of the good candrn work, for incidenal or consequential damages, and That no such adjustment be, made in
favor of the Seller with respect to any goods which art the Sellers standard stock. No such Ontonagon shall refine
the Purchaser or the Seller Ofany nftheir obligations as to any gaaB delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most Ix awned within daily (30) days from the date the change or termination is
ordered.
S. COMPLIANCE. WITH LAW.
The Seller womams that all good sold hereunder shall have been produced sold, delivered and famished in slid
compliance with all np,Iic.hle fws and regulations m which the goods ore subject The Seller shall execute and
deliver such documents as may be required In effed or evidence compliance. All laws and regulations required to be
ncarponted in agreements of this character are hereby Incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmles from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply wiN such law,
9. ASSIGNMENT.
Neither party shall cosign, laasfn. cO coney this only, or any monies due or to become due hemunder without Ne
prior written consent ofthe other parry.
10. TITLE.
The Seller con. full, d— and munnicted doe t. she Purchases far all equipmmL materials, and items famished
in performance of this agreement, free suit clear of any and all liens, restrictions, rnenatian, seauiry ft.nt
encumbrancur and claims a f othc-
I L NON WAIVER.
Failure of the Puchaer to insist upon strict performance of the terms and conditions hereof. failure or delay to
evembany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, e the, acceptance offer payment for goods hereunder or approval ofthe design, shall not rubsone the Seller of
amy of the warrutin or obligations of this purchase Order and shall net be deemed a waiver of any right of the
purchaser to insist upon mict perfomame hereafter any of its righn or remedies as to any such goals, regardless
of when shipped, received or accepted, ss to any prior or subsequent default heemWm nor shall any purymted
end modification or rescission of this purchase order by the Purchaser menm n a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in mural economic practice, overcharges resulting from sommust
violations are in fact home by the Purchaser. Theretofore, I., good cause and as consideration for exending this
purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now hma or hereafter
acquired under federal or suite 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,oared nonconfirmiag or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Set let thereafter indicates its inability or unwillingness to comply, the Purchaser
may coma the work to Is performed by the most expeditious means available to it, and the Seller shall pay all
costs assceiatM with such work.
Ile Sella shall release the Purchaser and its commitments of any tier fmm all liability and claims of my nature
resulting from Him 'dormame.fsuch work.
This release shall apply nun in the event of fault of negligence of the party released and shall extend to the
i irecmrs, officers and employees of such parry.
The Sellers committed obligations, including warranty, shall rmt be deemed to be reduced, in any way, because
such work is perforated or ..it to be performed by the translation.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lelme 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 cast, expense or damage which it may be obliged to pay by reason of such
infringement at :my tin¢ during the prosecution or after the completion of the work. In me send equipment, or
any pan thereof or the intended use of he good, is in such sail hold ,, constitute infringement and the rase of
said equipment or p:m is enjoined the Seller shall, at its awn 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 nominfnnging.
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 terror used or the interpretation of the agreemenl and the rightsof all parties hmmrdcy shall be,
conserved under and govemed by the fws ofthe State ofColorade. USA.
The following Additional Conditions apply only in cases where dam Seller is t. Mr.. work hereunder,
including the services of SslIcrs Representative(,), on the premises ofoNers.
17. SELLERS RESPONSIBILITY.
The Seller shall cant' oa said work m Sellers own risk until the now is fully completed and accepted, end shall,
in case of any accident, durttuction or injury to the work wafer mammals before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment Ofwmrkers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
amber to their dependens in accordance with the laws of the seem in which the work is to be done. The Seller
shall also carry enmprehemive general liability including, but not limited to, contractual aral automobile public
liability insurance ,in Mlily injury aryl death limit afar least Smoomp16r any sale person. $500,atltl 6r any
one accident and p.,ny damage limit per accident of Sapp,". The Seller shall likewise memo, his
if any, to provide for such compensation and insurance, Before my of the Sellers Or his contractors
employees shall do any work upon the promises of orders, the Seller shall furnish the Purchaser with a certificate
that such compensation and inurance have been provided. Such certificates sholl specify the date when such
compensation end inurame have been provided. Such certificates shall specify the date when such compensation
and incourrance expires. The Seller agrees that such compensation and inurance sMll Ix eminained until after the
entire weak 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 perms or propmy caused by or resulting fmm the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify end hard hurrnlen the Purchaser and any
r all of the Purchosers 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 critic Seller, any of his
confusion, or any or the Sullins or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought again, the Purchaser, or its officers agents or employees at any time on account or
by reason of any rat, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their of it agents or employees a aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same in the Sellers own expense, to pay any and all cost, charges, au yftc s fees and other expenses,
any and all judgments that may be incurred by or obtained against the Porchuer 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 ofthe Purchaser, or said parties in or a a result of such suits or other proceedings,
the Sella will at once cause the same On be dissolved and discharged by giving bond or otherwise. The Seller and
his cono- aors shall take all safety precautions, furnish and intall all guard necessary for the prevention of
accidents, comply wit all laws mud regulations with regard to safety, indudin& but without lienicarion, the
Occupational Safetyand Health Act of l970 and all ales and regulationsissued pursuant thereto.
Revised 09Q014