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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9140905 (2)PO PURCHASE ORDER 914090er Page City. of40905 1of2 F/' rt Collins( This number must appear ,-\V`I ` V on all invoices, packing sli s and labels. Date: 09/29/2014 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: 02/07/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 3 75031093; Cable 1 LOT LS 74,382.67 15Kv, 1/0, AL, jacketed $2.045 cost per ft. Price adjusted due to de-escalation. 4 75031093; Cable 1 LOT LS 95,050.89 15Kv, 1/0, AL, jacketed 2.0548/ft. price adjusted for de-escalation 5 75031093; Cable 1 LOT LS 61,847.43 15Kv, 1/0, AL, jacketed 2.0445/ft. Price adjusted for de-escalation. 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 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 exemptions. By summer the City of Port Collins is exempt from atom and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificalm of Registry 84-6000587 is registered with the Collector Of Eaton, of the Purchwer to insist upon strict performance of the terms and conditions hereof. failure or delay m 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 Sella in the went of o breach, the acceptance ofor payment far goals hereunder or primeval of use design, shall not releae the Seller of Good Rejected. GOODS REJECTED due to failure m over specifications, either whin shipped or due in defeat of any of the warranties or obligations of this mum hose order read shall not be deemed a waiver of my right of the damage in transit, may be owned as you for credit and are not m be replaced except upon receipt of written ptnclower b insist upon strict performance hereofor any of it right or remedies as to any such good, regardless Instructions from the City ofFort Collins. of when shipped, received or accepts, as to any prim ar subsequent default hereunder, nor shall any pauponed oral modification or rescission of Otis purchase older by the Purchssa operate as a waiver of any of the mans Inspection. GOODS are subject to the City of Tom Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, sassives or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhodeed payment on the pot 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 from antibwt ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fat home by the Functional. Theremfore,mfor rgood came and ei consideration for executing this purchase order, the Seller hereby assigns to the Papandreou any and all claims it may new have or hereafter Freight Teets. Shipments must be F.O.B., City of Fon Collins, 700 Wad St, Fan Collins, CO 80522, unless acquired under federal or sate .1.1 laws for such ovadarges relating b the Particular goads me services otherwise specified on this ondr, If permission is given m prepay freight and charge separately, fir original freight purchased or acquired by the Purchaser pursuant m this pmchau order. bill most accompany invoice. Additional charges for Picking will tint be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have downpour, points in various part or the country, shipment is Ifthe Purchaser direct the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the rarest distribution point to destlnmim, unit excess freight will be dednemd from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater customer. may cause the work to be performed by the most expedhimxs means available to it, and the Seller shall pay all tuns asplimed with such work. Permits. Seller shall replace at sellers sole msl all necessary pepit, certificates and licenses required by all applicable laws, regulations, ordiwnces and miles offlue sate, municipality, territory an political subdivision where the work is performed, or required by any other duly constituted public authority haringy isdiction over the work of vendor. Seller further agree to hold the City of Fort Collins harmless fmm and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the enamsenativ s are, in fact, bona Ode and possess full and complete authority to bind said parties. LIMITATION OP TERMS. This Purchase Order expressly limits a a,ma ce to fie team and conditions stated herein set Ins amid any supplenomary or additional terms and conditions aamexed hereto or inenryordted herein by reference. Any addaimed or dill rat temps and en sfintnns proposed by miler are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment in prove oa your promixd delivery Jate m noted. lime is of the essence. Delivery and performance must be effected within the time abets on the purchase order and the documents attached bereto. No puts of the Purchssers including, without limitation, acceptance Of partial late deliveries, shall operate w a power, o'this provision. In the event ofany delay, the Purchaser shall have, in addition In other legal and equitable remedies, the option of placing this order elsewhere and holding he Seller liable far dmageslarimse, fie Seller shall not be liable for damages on a if of delays due to apses not reasonably fsesmable which am beyond it reasonable wnuol and without its fault ofnegligence, such acts of God, nos of civil or military authorities, govemornml 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 feat received knowledge thereof, in he event of any such delay, the date of delivery shall be extended for the period equal to fie time usually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform will applicable drawings, specifications, samples andhor other descriptions given, will Be fit for the purposes intended, and ,wfoped with he highest degree of cam and wmpetean in accordance with accepted standard for wand, of is similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwomanty. 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 berms of any applicable wwwV provided by the Seller after the dam of acceptance of the good fumishnd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mxaands famished by the Seller. Acceptance or use of good by fie Purchaser shall not .n butte It waiver of any claim it,, Ws warranty. Except as m1p rwis, provided in Nis puchme order, the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of my of the foregoing wapnties Or guarantees, but such liability shall in no went include loss of pmGts or loss of eau. 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 women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the tenor, Other than legal terms, including additions to or deletions fmm fie quantities originally ordered in the meci iannors or drawings. by verbal or wrinen change order. If any such change affects the amowt due or fie time ofperformance hereunder, an equitable ndjastment shall be made. 6. TERMINATIONS. the Purchas may many time by wrinen change order, ter inate this agreement as to any o all porrians of the goods then not shipped, subject to any equitable ndjuntment between the patties as m any work ar materials then in progress provided that the Purchaser shall not be liable far any claims for anticipated profits ran fie uncompleted Portion of fie good anNor work, for incidental or conrscquential damages, and that rw such adjustment be, made in favor of fie Sella, with respect m any goad which are fie Sellers sandald stink. No such mtmiwtion shall mliere the Purchaser ar the Seller fany aftwir obligations as 10 any goods delivered herewder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be msened within thirty (30) dap from the date the charge or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance wit all applicable laws and regulations to which fe grads we subject The Seller shall execute and deliver such documents as maybe required to effect an evidence compliance. All laws and negotiations required in, be incorporated in agreements of this choraaer ere hereby wcotpomted herein by this reference. The Seller agrees to indemnify and hold fie Purchaser harmless from all costs and damages suffered by the Purchaser as a mull of the Sellers failure to comply with such raw. 9. ASSIGNMENT. Neither parry shall assign, pmfer. or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE. The Seller warrants full, clear Oral unrestricted tide to the Purchaser for all equipment, materials, and items finished in performance of this agreement, f and clear army and all liens, restrictions repe,lop rs, scarily interest acumbfances and claims of others. The Sella shall releau the Purchases and it contractors of any lia fmm all liability and claims of any nature resulting fmm de performance ofsucb work. This release shall apply wen In the event of fault of negbgmce of the party released and shall extend to the directors, oRcers and employees of such party. The Sella/s contactual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or mused to Be performed by fie Purchases. 14. PATENTS. Whenwer fie Seller is rryuinal m use any design, deuce, material or process covered by lane, pment trademark or copyright, the Sella shall indemnify and save hapless the Purchaser fmm any and all claims far 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 pro winval ar attar the completion of the work. In case said equipmem, 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, fie Seller shall, at its own expense and at its option, either procure for the Pardoner the right to complain using said equipment or pans, replan the more with subsantially equal but noninfringing equipment, of madify it so it becomes mnirGvging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee fur any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The deftiO. of.. cud ar fie intapreation odds, agreement and fie rights oral ponies hereunder ball be construed under and gm'emed "a Lows of the Some ofColoado. USA. The ballooiing Additional Conditions apply only in eves where fie Serer Is to perform work hereunder, including the services of Sellers Repexa ativ,$), oa fie premises T.Im., IT SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until fie same is fully completed and accepted, and shall, in ruse, of any nevidem, deswetion or injury to the work aalhor materials before Sellers final completion and ecceptance, complete the work at Sellers own expense and to fe satisfaction of the Purehaser. When materials and equipment are f ishcd by infers for installation or erection by use Salle, flu, Seller shall recme, uulwd, stare and handle same at the site and become responsible therefor as though such raaaedals and/or computing were being fumisbed by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occopational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws of the state in which the work is to be done. The Seller shall also arty comprehensive general liability including, but not limited to, wntractnd nand automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person. Sunni" for any one accident and property damage limit per accident of S400,000. The Seller shall likewise marine his commaors, if any, to provide for such compensation and insurance. Harem any of the Sellers or his commcmrs employees shin do any work upon fie premises of others, the Seller shall finish the Purchaser with a ceniacam flue such crape -zoom and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provide, Such moifiates shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be, main ainal until after the rnttre wad, is completed and accepted. 19. PROTEMON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the main, responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons, or property caused by in resuhing from On, execution of fie work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold hapless the Purchaur and any r all of fie Purchasers mflears, agents and employers 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 Purchases may be put or subject by mison of any par, anion, 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 care any suit or other proceedings shall be brought against the Purchaser, or its ot5cers, agents or employees at any rime on account or by reason of any wa, action, neglect omission or default of the Seller of my of his contractors or any of its or their officers, agents at employees as aforesaid, the Seller hereby agrees to woume the defense fcrenf and all defend the same at the Sellers own expense, to pay any and all costs. Barges, summers 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 parties in or m a result of such suits or other proceedings, the Seller will an once cause the same to be dissolved and discharged by giving Bond or oferwiu. The Seller and his car peors shall take all safety pccautiam, f ish and install all gumds resistant, for the presendon of accidents, comply with all laws and regulations with regard to safely including, but without limimton, fie Disappointed Safety and Health Act of 1970 and all roles and regulations issued pursuant femur. Revised OM014