HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9141495 (2)Fort Collins
Date: 11/12/2014
PURCHASE ORDER
Vendor: 108464
PRYSMIAN CABLES & SYSTEM USA LLC
700 INDUSTRIAL DR
LEXINGTON SC 29072-3755
PO Number Page
9141495 1of2
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: 11/12/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 7503-1130 1 LOT EA 67,112.86
750AL jacketed 175mil cable
15,500' at $4.329/ft. Price was lower due to a metals adjustment.
Invoice 7060017972, dated 10/17114. Lowered line 1 by amount added
on line 2. PLJ 11/12/14
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 Fan Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm
Total
Pay terms net 30 days
Invoice Address:
KNI:11
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City airport Collin is exempt from ante and local traces. Our Exemption Number is
98T14502. Federal Excise Tax Exemption Cmifica a of Registry 84-6000587 is negistged with the Collator of
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Sources 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to mat specifications, either when shipped or due to defer of
damage in transit, may be reamed to you for credit and arc not to be replaced except upon receipt of written
instructions from the City of Fan Collins.
Inspection. GOODS are subject to the City ofFart Collins inspection on arrival.
Final Acceptance. Receipt of flue merchandise, services or equipment in response Jo this order can result in
authorized payment as the pan of the City of Fort Collins. However, it is to be understood shot FINAL
ACCEPTANCE is dependent upon completion oran applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, pod Waod St., Fort Collins, CO 80522, unless
otherwise specified on this offur. If pemtimion is 6iccn to prepay freight and charge sepenid ,the sutural freight
bill most araampany invoice. Additional charger far packing will not he accepted.
11. NONWAIVER.
Failure of the Purchaser W insist upon strict prrf ma, it lamas and conditions heaaL failure m dday to
ampt any rights or remedies provided human or by law, follow to promptly notify the Sell. in the event of
breach, the acceptance ofor payment fro goods hereunder or appeoval ofthe design, shall not releac the Sella of
any of the warranties or obligations of this purchase order and shall not be dermal a waiver of my right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as to my such goods, regardless
of when shipped, received or warned, is to any prior or subsequent default hereunder, nor shall any purported
and modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tams
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in mend economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofore, for good cause and as considermion for executing this
pnrchase ordea the Seller hereby ass ens, to the Pumhmcr any and all claims it may now have or hereafar
acquired under federal or state antitinsl laws for such overcharges relating to the particular good or services
purchased or Partied by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance, Wgaere manufacturers have distributing Points in various pans of the country, shipment is tribe Purchaser directs the Seller to correct noneanformmg or deRetive good by a data m be agree upon by the
expected from the nwrem distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Sella, and the Seller thereafter indicates its inability m unwillingness to comply, the Purchase,
shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all
costs associated with such work.
Permits. Sella shall procure at sellers sale cost all eta.., permits, anificau s and licenses required by all
applicable laws, regulation, ordinances and mks arras state, municipality, territory in political subdivision where
the wmk is performed or required by any other duly combined public authority havingjunsdicuon over the wok
of vendor. Seller fuller agrees to hold the City of Fort Collins bannlem from and against ail liability and loss
ausso ed by them by rean of as asserted or e,PgaIchrd violation of any such laws, regulations, on innnces, roles
nd requirements.
The Sella slat] release the Purchaer and its contractors of any tier 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 extend to the
directors, omens and employees Preach party.
Authorization. An panic go this contract agree bar the aquesenaliva are, in fan, bona fide and possess full and Thc Shcefs contractual obligations, including warranty, shall not be domed to be reduced, in any way, became
complete authority to bind mid Entries. such work is perforated or caused to be performed "a Pmchsser.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the temp and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorgonud herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejamd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedimely ifyou cannot make complete shipments. naive Pa your
promised delivery data is pored. Time is of the esence. Delivery and pert nce most k efficient within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late 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 Pf placing this order elsewhere
and holding the Seller liable far damages. However, the Seller shall no] be liable for damages as a result of delays
due to causes not reacnnably foreseeable which we beyond its reasonable control and without its fault of negligence,
such as of God, acts of civil or military authorities, governmental priomics, fires, strikes, flood, epidemics, wan or
dos provided that wbce of the ..drums causing such delay is given to the purchaser within five (5) days orbe
time when the Seller Bra received knowledge therrcf. In the event of any such delay, the date ofdelimby shall he
extended for the period equal to the time cmally goal by reasov ofhe delay.
3. WARRANTY.
The Seller warrants but all goods, articles, materials and wmk covered by this order will conform with applicable
drawings, Sta ficauons, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and mmpeena, in mcordance with accepted sraradarts for work of a
similar mtu r. The Seller agrees to hold Ne purchaser harmless from any loss, damage or expeou which the
Purehvser may supor or written account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchawp any de@.e Or faults arising within one (1) year or within such longer period of
time as may be prescribN by law or by the terms of any applicable waranty provided by the Seller after the date of
a cepance of the goods fimmished hereunder (acceptance not to be unreasonably delayed), resulting from imperial
or dcfrctive wok done or materiak famished by the Sella. Acceptance no use of goad by the Prochsscr shall at
connir me a waiver of any claim under this wa orly. Except ss otherwise provided in thk purchase order, the Sellers
liability hignam er shall extend W dl damages proximately caused by the breach of Pay of be foregoing warranties
or guaranlees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal rums by wrinen change ender
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tames, other than legal terms, including suffrage to or deletions f
the quantities originally ordered in the specifications or drawings, by verbal or wdnen change under. If any such
change affects he ...at due or the time ofperfonwnce hereunder, net equitable adjunmem shall be made.
6. TERMINATIONS.
The Furthersa may at any time by watt change offer, lemutume this agreement as m any or all partions of the
goM then not shipped, subject to any equitable adlusrmmr bawan the parties as ro any wok m materials ]hen in
progress provided but the Purchaser shall not he liable for any claims fro anticipated pm0s on the uncompleted
portion of the goods and/or work, for incidental or consalmntial damages, and that no such adjustment be made in
favor of the Sella with respect to any goods which we the Sellers standard stock. No such termination shall relieve
the Puahasen or the Seller of any oftheir obligations as to any good delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mint he asserted within thirty (30) days from be date be change or lamination is
ordered.
I. COMPLIANCE WITH LAW,
The Setter warrants Nat all goods sold hereunder shall have ban produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such doevments as may he required it effect or evidence Wmplits— All laws and regulation required to be
hourponted in agreement of this chard err sec hereby ineoryonee d harm by dais refam.. The Sella agrees to
indemnify and hold the Forefinger hvmdess from all costs and damages suffered by the Purchaser as a result of be
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tramper, or convey this offer, or any murder due or to become due hereunder without the
prior written wrwaal of]he other fluty.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, maerals, and items fumished
in performance of this agreement, free and clew of my and all liens, restriction, aacnations, security interest
encumbrances and claims ofothers.
14. PATENTS.
Whenever the Seller is ratuimd to use any design, device, material or process covered by letter, patent trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of be use of wilt parented design, device, material or process in Wmection with the comment, and
shall indemnify the Purehaar for my cost, expense or damage which it may be obliged a Pay by mwa fsuch
infringement err any rime during the prouculion or spur the completion of the work. In case said tyair..,, or
any hart thereof or the intended use of the good, is th such suit held to commute infringement and the au of
said equipment or pan is enjoined, the Sella shall, at its awn asperse end 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 noninfringing.
15. INSOLVENCY.
If the Sella shall feature insolvent or hankrupt, make an assignment for the benefit of amitors, appoint a
mciver or trustee for any of be Seller property or business, Nis order may forthwith be aacled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of terms Cued or the inten m ation ofthe agreement and the rights of all parties hereunder shall be
combined under and governing] by be laws ofthe State ofColondo, USA.
The following Additional Conditions apply only in eases where the Seller k to perform wok hereunder,
including the services PfSellers Representativild, on the premkes of others.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellars own risk until be same is fully completed and accepted, and shall,
fir case of any accident. destruction . injury to the work md/m materiak Ixtbre Sellars fml completion and
mceptance, complete the wok at Seller's own expense and to the subornation of the Purchaser. When materials
and equipment . famished by others for humiliate. or erection by the Sella, Ne Sella shall receive, reload,
store and handle same at the site and become responsible therefor as though such materials and/or ..i,.
were being famished by the Sella under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers comparguation, including occupational
disease benefits, to its employees employed on or in connection with the wok Wanted by this purchase order,
and/or to their deprndcnts in accordance with the laws of be state in which be wok is to be done. The Sella
shall also carry comprehensive general liability including, but not limited in, conamotaal and anto nclub, public
liabil iry insurance with bodily injury and death limits of at lest $300,000 for any one person, $500,000 for any
one accident and pmpeny damage limit per accident of $400,000. The Sella shall likewise require his
contractors, if any, to provide for such counteract and insurance, Before any of be Sellars or his contmcton
employees shall do my work upon are Premius of others, the Seller shall f kh the Purchaser with a certificate
that such compensation and insurance have been provided. Such uniftcate, shall specify the date when suer
exmpeasation and immma<haw been provided. Such a,nifaates shall specify ac date when such compensation
and irourance expires. The Seller agrees Nor such mmperwtion and insurance shall be maintained until after the
entire wok is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby warrant the entire responsibility all liability for any and all damage, loss or injury of any kind
or tritium whatsoever to persons or property caused by or resulting from be execution ofthe wok provided for in
Nis purchase order m in connection herewith. The Sella will indemnify and hold hmmleas the Pumbazc all any
r all of be Purehasers officers, agents and employees from aml 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 of the Seller, any of his
contractors, or any of the Sellers or contractors omcers, agents or employees. In ame any suit or other
proceedings shall be brought agahat the Purchaser, or its omcers, agents or employ., at anytime on account or
by reason of any mu action, aicgkcl, omission or default of the Seller of my of his .nt I— or any of its m
their officers, agents or employers . aforesaid, the Sell. hereby agaa m assume the der thereof and to
defend the same m be Sellers owns expense, to pay my all ml .10, changes, .tomrya fees and other expenses,
any and all judgments bar may be incurred by or obtained against the Pmchaer 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 Poaching, m said parties in or as is result of such suns err nth. proceedings,
be Sella will at once cause the same to he dissolved and discharged by giving band or otherwise. The Seller and
his common shall take all safety precaution, rum ch and install all guards na.sary for the prevention of
accidents, comply with all laws riot regulations with regal to safety including, but withou limiaton, the
Occupational Safety and Health Act of 1970 and all miles and regulations issuN pursuant thereu.
Revised 0741014