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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEMS - PURCHASE ORDER - 9141495of Fort Collins Date: 11/14/2014 PURCHASE ORDER Vendor: 108464 PRYSMIAN CABLES & SYSTEM USA LLC 700 INDUSTRIAL DR LEXINGTON SC 29072-3755 PO Number Page 9141495 left 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: 11/14/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price a 7503-1130 750AL jacketed 175mil cable 1 LOT EA 7,046' at $4.329/ft. Price was lower due to a metals adjustment. Invoice 7060017972, dated 10/17/14. Lowered line 1 by amount added 30,508.21 Total Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 !0%TM61r.Mai 1-01R".KiillW. [iGLFi Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By smmm the City of Fort Collins is exempt firm state and 1.1 taxes. Our Exemption Number is I L NON WAIVER. 98-0J502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered with the Collector of Failure of Ore Purchaser to insist upon said part ammce of the term and conditions hereof, failure m delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26.114 (a), exercise any rights or meant es provided herein or by law, future to promptly notify the Seller in the event of a bmch, the acceptance of. Payment for goods heretttWer or approval ofthe design, shall act release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defecu of any of the wancentim or obligations of this purchase order and shall not be deemed a waiver of my night of the damage in transit, may be returned to you for rndd and arc not to be redaud except upon receipt of women Pardoner W inset upon said performance hadefor any of its rights in remedies err to any such goods, regardless instructions from me City ofFon Collins. of when shipped, received] or accepted, as to any prior at subsequent default hereunder, uor aha11 any pmponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms lapection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services m equipment in respotsse to this order tin result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthomed payment an the pan of the City of Pon Collins. However, it is to her understood that FINAL Sella and the Purchaser reception, that in acttal economic practice, overehsrga resulting from antioust ACCEPTANCE is dependent upon completion of all applicable ce do d inspection precomm violations are in fact home by the Purchaser. Themafore, for good couu and as consideration for executing this purchase order, the Seller hereby assigns to me Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood SL, Fan Collins, CO 80522, unless acquired under federal or state annu mt laws for such overcharges relating to the particular goods or service, otherwise specified oa this Omer. If permissions given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to Nis purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dominator, points in various puts of the country, shipment is If the Purchaser directs me Seller to correct nonconforming or defective goads by a date to be agreed upon by the expected fro. the nearest distribution point to deification, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwill ingress to comply, the Purchaser shipments are made from ga am, distance, may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Patrons. Seller shall procure al sellers sole cost all nedesay permits, cenifieutes and licenses required by all applicable laws, regulations, ardlramm, and roles ofthe score, municipality, territory or political subdivision when the work is performed, or required by my other duly comtimmd public authority having jurisdiction over the we& of vendor. Seller further agrees to hold the City of Pon Collins harmless form and against all liability end lass incurred by them by reason of ern asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panic to this camract agree then the represer ation are, in Tack bars, Fide red possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits ectePW¢ W the term and conditions stated herein set forth and my supplementary or additional tam¢ and conditions annexed hems, or incorpoated herein by refereo Any additional or different W. and conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mount make complete shipment an active on your promised delivery date as noted Time is of lte cscma. Delivery and Performance, muss be effected within the time stated on the purchase order and the documents coached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall irradiate as a waiver of this provision. In the event ofmy delay, the Purchaser shall have, in addition to other leg] and ryuaable rem Wier, the option of placing this maker elsewhere and holding the Seller liable far damages. However, the Seller shall act be liable for damages as a mutt of delays due to causes not reassembly foreseeable which am beyond its moment control and without its fault of negligence• such act, of God, acts of civil or military mtharaia, gwemmand peanuts, fires, strikes, flood, ryidectics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period ryual to the time actually last by mom offs a delay. 3. WARRANTY. The Seller warrants that all grads, articles, materials and work covered by this Omer will conform with applicable drawings, specifications, samples msPor other descriptions given, will b, fit for the purposes intended, and performed with the highest degree of care and command, in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Sella shall replace, repair or make good, without cast to the purchaser, any defcts or faults arising within one (1) year m within such longer period of time as maybe prescribed by law or by the terms of my applicable watmnry provided by the Seller after the date of acceptance of the good Farmhand hereunder (eccepmnce not to be urucuambly delayed), resulting from imperfect or definitive work done or matcmis furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this.1y. Except as orherwim provided in this purchase coda, the Sellers liability heremda shall extend mall damages pmatiorady caused by the bench of my of the foregoing warn cars or guarantees, but such liability stall in On event include loss ofprofid or loss of cue. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make thermas legal or. by xrnen do., amen. 5. CHANGES IN COMMERCIAL TERMS. The Provision may make my changes to me room. cube, man legal mors, including additions re or deletion from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such conga affects the amount due .,.he time ofperlmm mce hereunder, an ea be uamCle w1jusiment shall made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all pommos of the good then not shipped, subject to any equitable adjusment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits an the uncompleted ponlen ofthe good ami or work, for incidental or consequential damages, end that no such adjustment the, crude in favor ofthe Seller with respect to any good which are the Sellers standard stock. No such lamination shall relieve the Parreamr err the Seller of any of their obligations as to my good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for mijusamem most be asserted within thirty (30) days from the date the change or termination is ordered. S COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have ban produced, said, delivered and furnished in strict om,imin , with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless firm all costs and manages suffered by the Purchutt as a mull of the Sellers failure to comply wilt such law. 9. ASSIGNMENT. Neither party, shall assign. anduld. or convey this and, or my rearties due or to become due heaunder without the prim wrin en crossenl of the other party. Ill. TITLE. The Seller wamnts full,.1. and muatneted fide to the Purchaser for all equipment, matmals, card it. famished in perfomance of this agaemem, free and clear of my and all lied, minictione, reservation, mainly interest emard aawes and claims err thers. The Serer shall release the Purchaser and its contractors of any tier from all liability and claims of my mime resulting firm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dirennrs, officers and employaa carob patty. The Sellers contractual obligations, including wamnty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requited m use my design, device, maaerial of process covered by lever, patent traded ark or copyright, the Seller shall indemnify and sacs hmmlrss the Purchaser firm my and all claims for inringement by reason of the use of such External design, device, national or process in coneection with the contact, and shall indemnify the Purchaser for any cast expense or damage which it maybe obliged to pay by rea»v of such infringement at my time during the prosecution or after Ote completion of the work. In tale said Midpoint, or my Pan thermf m the intended ase of the goods, is in such suit held in constitute infntsgemdn and the use of said equipment or pan a enjoined, the Seller shall, at its own expense and at its claims either procure for the Purchaser the right an continue using said equipment or parts, replace the same with substantially equal but rmninfringing equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankmpl, make an assignment for the benefit of creditors, appoint a or massive for my of fie Sellers property or business, this coda may forthwith thecanceled by the Parches without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be onsmued under and govemed by the laws ofthe Sate ofColmmdo, USA. The following Additional Conditions apply only in cases where the Seller is to perfomt work hereunder, including the services of Sellers Represened ive(s), on the premise of others. 17. SELLERS RESPONSIBILITY. The Seller sh]I carry on said work a Sellers own risk until the mire is fully completed and accepted, and shall, in se of my accident, destruction or injury to the work andfor mmerials Fibber Sellels final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When matat and ayuapment are famished by others for installation or erection by the Seller, the Sella shall receive, amoad score and handle same at the site coal become mponsible therefor u 1Mugh such mmaials antdfor equipment were being furnished by the Seller coder the order. 18. INSURANCE. The Seller shill, at his own expose, provide for the payment of woken compensation, including aamPatioml densities bmefts, Ib its employees employed on a in connection with the work covered by this purchase order, mrVor to their dependents in accordance with the laws of Ind some in which the work is at be done. The Seller shall also Tarry comPrehasive general liability includm& but nor limited an. wntractual cord automobile Public liability insurance will bodily injury end death limits of at least $300,000 for any one person, S500,000 for my am accident and property damage limit per accident of $400,001 The Seller ahall likewise require his comment , if my, to provide for such compensation and insurance. Before my of the Sellers or has action. employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a ed-ffcsm that such compensation and insurance have been provided. Such certificates shall specify the date what such compensation and hmuanee have ban provided Such renifirmes shall specify the dais when such compression and insurance expire. The Seller agrees that such compensation and insurance shall be maintained unfit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby .,am, me entire responsibility and liability for any and all damage, lass or injury, ofany kind or mare whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purebuer and my r all of the Purchorm officers, agents and employees firm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persona or property to which the Forehand may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his ontractor, or my of the Sellers or contragoors olfisxrs, agents or employees. In case any suit or other proceedings shall toe brought against me Purchaser, or its officers, agents or employees at my time m named or by reason of my sect acton, neglect, omission or default of the Seller of my of his comators or any of its or their officers, agents or employees as aforesaid, the Seller herby agrees to mama the defense thereof and to defend the same at the Sellers own asperse, to Pay my and all costs, charges, attorneys Fast and other captions, my and all judgments mar may be ardenced by a obtained against the Purchaser m my of its ar chair oRcers, agents or employees in such suits or other proceedings, sad in ca¢ judgment or ocher lam be placed upon or obtaimd against thc property of Ore Purchaser, or said parties in in as a mdr ofsuch suits or mha pmmanden s, the Sella will at ode cause the same to be dissolved and disomMal by giving bond or otherwise. The Seller mod his cmtradors shall take all safety precautions, boards and install all guards necessary for roe pervcation of emblem, comply with all laws and regulations with region to safety including, but without limmtion, the Occupational Safety and Health Act of 1970 aaad all roles and regulations issued pursuant hereto. Revised 01R014