Loading...
HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9140905 (3)PO PURCHASE ORDER 914090er Page C1171 of PURCHASE 40905 1012 `t Collins( hisnumber must appear V ` 1 1�7 on all invoices, packing sli s and labels. Date: 12/17/2014 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: 12/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Ordered Extended Price 6 75031093; Cable 1 LOT EA 10,366.06 15Kv, 1/0, AL, jacketed Price changed due to escalation/de-escalation. 5144 feet with an invoiced cost of $10,366.06, $2.015/ft 7 75031093; Cable 1 LOT EA 14,579.74 15Kv, 1/0, AL, jacketed , Price changed due to escalation/de-escalation. 7280 feet with an invoiced cost of $14,579.74, $2.002/ft 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 I. COMMERCIALDETAILS. Tax exemption. By waste the City of Fort Collins is exempt f m stem and local taxes. Our Excmptou Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Calibrate of Registry M-6000587 is mginu,, with the Collamr of Failure of the Pureh.er or insist upon stein performance of the terra and mnditioa hereof, failure or delay t. Internal Revenue, Denver, Colorado Red. Colorado Raised Stamens 1973, Chapter 39-26, 114 Lt. exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not relesse the Sella of Goods R jested. GOODS REJECTED due to failure as meet specifications, either when shipped or due to defects of any of the wareare irs or obligatoa of this parchau order and shall not be d«teed a waiver ofmy right of the damage in dust may be rammed to You for aah, and are not m be replaced except upon receipt of written purchaser to insist upon snits performance hereofor any of irs rights or remedies ss to any such good, regardless instructions from the City effort Collins. of vaben shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmponrd oral modification or rrscission of this purchase order by the Pumhaa operate as a waiver of any of the mums Inspection. GOODS are s it al W the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipmrat in repomc m this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amberiaed paymrre con the pan of the City of I. Collins. Howner, it is to be understand road FINAL Seller and the Pmchua recognise that in actual aromatic practice, Oveacbzrgmst resulting from antitrun ACCEPTANCE is dependent upon completion ofal I applimble required inspection procedures, violations au in fact home by the Purchaser. Theumfore, fen good mu¢ and as consideration for amewing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be T.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired active federal or into, writmn laws for such reaching. relating to the particular goods or services Otherwise specified on this order. If permission is given m prtpay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must wcompany invoice. Additional charges far Peking will riot W accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Where manufacturers M1avedinnlbut, Points in variouspans Shipmentnum Tfthe debilityve goodbyadam tobeply,heupon bythe aetheeller, Sella Salernonfte, thee. and earhted in, .wise when expected from the nearest distribution point to destinatioq and excess freight will be drducteJ from Invoice when inomdingor Partater anti the Seller, end the Seller thereaftert its i or ro comply. the Popery to shipmates are made from greater distance. it, as expedes meanty ilable atI may stern the work to ch performed by the rain expeditious means available to it, and the Sallee shall pay al may cause wow assrciated with such work. ratifications and licenses occurred!iiowhere all Permits. Seller shall procure at sellers sole test all necessary permits, e, applimble laws, regulations, a and roles sum, municipality, t ry m political subdivisionwok The Seller shall the and its contrcors of any tier from ell liability and claims of any mart lythe the mead by ority work ad, rn requiredh constituted Public aurhorim hinviand gjunst8111 a peaty cedascr resulting from the performance ofsuch work. agrees to hold the City of Fort Collins hamdes from and against ell ability and lass or senator. char old he City or uendo. Sella by ordiiliry .cured by them by reason of an assumed or established violation .f any such laws, regulations, ordimnces, Iles in yeas This release shall apply even in the event of fault of negligence of the patty remixed and tea shall exnd the arty. and renuiremenn. dhenors, officers and employees ofsuch Authorization. All panics to this contact agree that the mpresenhitives are, in fact, bona fide and possess full and complete auNotiry to hind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional mans and conditions mdmsed hereto or incaryomted herein by raferenm. Any additional or di@rmt terms and mtditons proposed by sells art objected to wd hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam a noted. Time is of the essence. Delivery and Performance must be effected within the time stated oa the purcrchse order and the documents attached hereto. No aces of the Purchasers including, without limitation, acceptance ofpanial lam deliveries, shall operate a a waiver ofthis provision. In the event army delay, the Purchaser shall have, in addition to other legal and carnotite remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as n result of delays due to causes not reasonably foreseeable which we beyond its reasonable control and without its fault of negligence, such acts of God, is of civil or military, authorities, mverm arAnd priodtec, torts, suites, Road, epidemics, wars or now provided thol it. of the co dd ose musing each delay is given an elm Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event artery such delay. the date of delivery shall be extended fir the period alal W the rate armally lost by reason of thc delay. 3. WARRANTY. The Sella waters that all goads, articles, centrists ram work covered by this order will conform with applicable drawings, speciftemiom, samples andfor order, descriptions given, will be fit for Re puryoses intended, sal Performed with the highest degree of care and competence in accordance with accepted surdards for work of a similar nature. The Seller agrees to hold the parrh.er harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the pmrhawr. any deface, or fawns arising within mre (I) year or within such longer period of time as may be prescribed by law of by the temw ofany applicable warranty provided by Ne Sella ante the clue of acceptance of the goods fmidead hereunder (acceptance not to be continuously delayed), resulting tram Oriental or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under This warranty. Except as otherwise provided in this purchase order, the Setters liability hereunder shall extend to all damages proximamly caused by the breach of any of the foregoing warranties or guarantees, but such liability will in no event include loss ofprofiD 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 terms by written change order. 5. CHANGES M COMMERCIAL TERMS. The Purchaser may make any changes W the reran, other Nan legal arrow, including addition to or delnimu from the quantities ongimlly ordered in the specifications or drawings, by vabal or wrinen change order. If any such change affects the amount due or the time of performance Insurance, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminum this agreement to to my or all portions of the gwds then nit shipped, subject to any equitable subnormal between the parries. to any wad or mnammils then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion.(the goods weVor work, for incidental or consryuemial damages, and that no such adjustment be nude in favor of the Sella with respect to my goods which we the Sellers mustard stock. No such termination shall mlieve the Porrollowsr or the Safer irony of their.bhgmiom an m any goods delivered herander. ). CLAIMS FOR ADJUSTMENT. Any clean for car an new most be asserted within thirty (30) dap from the time the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Sella wa[mnm that all good sold hereunder shall have been produced, sold, delivered and famished in strict completion, with all applicable laws and regulation to which the good are subject The Seller shall execute and deliver such documents as may be required to elan or evidence compliance. All laws end aguladmis rexpired to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agues to Indemnify and hold the Purchaser harmless from all cats and damages inhered by the Purchaser. a result of the Sellers failure W comply with such law. 9. ASSIGNMENT. Neither party shall awign, bansfer, or convey this order, or any monies due or to become due hereunder without the prior written coact of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the FurcM1acr for all equipment, materials, and items famished in performance of this agreement, free and clew of any and all lies, restrictions, reservations, security interest entertainment, and claims of others. The Settees contractual obligations, including warranty, shall not be deaned to be aducrd, in any way, because such work is performed or record to be performed by the Purch.er. 14. PATENTS. Whenever the Sella is required to use any design, device, arterial in process covered by Inver, patter emissions or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims far infringement by rmsan of the use of such patented design, device, material or process in connection with the contad, and shall indenmify the P.r<luser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the Incineration or after the rompletion of fie work. In ran said situational, or any part thereof or the imm lad use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjawal, the Seller shall, at its own mpesse and at its option, eiNa procure for the Purch.a the right to continue using wait equipment or pans, replace the same with substantially agwl but noninfringing attainment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become inch<nt or bmdmp. make an assigmrcnt for the benefit of cRdil.rs, appoint a receiver or o-ustee for any of the Sellers property or business, this Omer may forthwith be mrueled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tears hard or the interpretation of the agreement and the rights of all Panics hereunder shall be construed under and governed "It laws ofthe Suite of Culamda, USA. The following Additional Conditions apply only in roses where the Seller is to perform work hereunder, including the services of Sellers Representativepa, oa the premises of .,he.. O. SELLERS RESPONSIBILITY. The Seller shall terry on wid work at Sellers own risk until she same it; fully completed mnd accepted and shall, in u of any accident, destruction or injury to the work andor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, When materials and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same as the site and become responsible therefor as though such materials and/or equipment wen being fttrrushM by,he Sella under the order. 18. MSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease brnefts, to its employees employed on or in correction with the work covered by this purchase order, and/or to Rick dependence; in accordance with the laws of the state in which the work is to be done. The Seller that also miry romprchmsn a general liability including, but non limited W, contractual and awomobile public liability announce with bodily injury and death limits of in least S300,00D for my one person, S500,000 for any one accident and property damage limit per accident of $400,000 The Seller shall idesise arcane his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his andewtors employees shall do tiny ware upon the pumasr, of other, the Seller shall Finnish the Pmcbaser with a ornifmle that such compenation and insurance have beers provided. Such c rtifiata dull specify the date when such compensation and insurance have been provided. Such ecnifimme shall deify the date when such compesation and insurance expires. The Sella agree that such compensation and insurance shall be main amed until inflow the mitre work is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fen my and all damage, loss or injury ofmy kind in nature whatsoever to persons or property caused by or resulting Tom the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harm]. the Purchaser and any or all of the Purch.em afice., agents and employees from and against any unit all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or prupeny to which the Purchaser may be put in subject by reason of any act, action, nrglar, omission or default an the pet of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In rase my suit in order proceedings shall be brought against rise Purchaser, or its officers, agents or employees at my time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of IN or their oflicers, agents or employees as aforewid, the Seller hereby ,as to .tame the defense thereof and to defend the same at the Sellers awn expense, m pay my and all cats, charges, attorneys fees and other expeaes. any srd all judgments that may be incurred by or obuiuM against she PumM1azer or any of its On their officers, agents or employers in such suits or other Proceedings, and in case judgment or other lam be placed upon or obtained against the property of the Purchaser, or said parties in or. a result of such suits or other proceedings, the Seller will at once cause file same to be dissolved and discharged by giving band or othavviw. The Seller and his contractors shall hike all safety precaution, famish and iaull all good unnecessary for the prevention of accidents, comply with all laws and regulations with regain an safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all telex and regulations issued pursumt thereW. Revised 09/2014