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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9141495 (3)Fort Collins Date: 12/17/2014 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: 12/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 7503-1130 750AL jacketed.175mil cable 1,374' at $4.355/ft. per metals adjustment. Lowered line 1 by amount added 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 1 LOT EA Total Pay terms net 30 days Invoice Address: 5,984.72 72 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 of Fort Collins is exempt train state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04503. Federal Excise Tax Exemption Ceni en, of Registry "-6000587 is registered with the Callalor of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Dane, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exembe any rights or remedies provided herein or by law, failure to promptly and fir the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval ofthe design, shall not releme the Seller of Goads Rgectai. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the waranties or obligations of this purchase order and shall not be deemed a waiver of my eight of the damage in .,L may be moment m you her credit and are not a be replaced except upon receipt of wrium purchaser to insist upon strict performance hero for any of ies rights or remedies as to any such goods, regardless invention, fmm the City of Fon Collins. of when shipped, received or accepted, as to any prior or su osequmt default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Producerop ram as a waiver ofany of the terns luepatlon. GOODS are subject to the City of Fon Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment an the pan of the City of Pon Collins. However, it is m be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, Overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations arc in fact home by the Purchaser, Theretofore, for good cause and as consideration fur executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teams. Shipments most be F.O.B., City of Fon Collins, 900 Wood St, Too Collins, CO 80522, unless acquired under federal or state antitrust I.. for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separably, the original freight purchased or acquired by the Purchaser pursucn to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13_ PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in varians pass of rise country, shipment is If the Porchuer directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution Point a desinmion, and excess freight will be da ucted four. Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchaser shipments are made from grcamr dlsonce, may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure al sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and Mies of the state, municipality, territory or political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is performed, or required by any other duly amounted public authority having jurisdiction over the work resulting from the performanm of such work. of vendor. Seller harder agrees to hold me City Of Fan Collins harmless from and against all liability and loss incurred by them by reason or an assumed or established violation of arty such laws, regulations, ordinances, roles This refuse, shall apply even in the event of fault of negligence of the parry released and shall extend to the and rqui mwmv. directors, officers and employees of such party. Authorization. All panics to this contract agree thm the repmwnmtives are, in fan, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set form and any supplementary or additional buns and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and Modili.. proposed by seller are objected to and hereby rejected. Z DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou Manor make complete Shipment n move on your promiud delivery dale as rwled, Time u of the essence. Delivery said pesfoni muss be abated within the time sound on me purchase order and the documents attached hereto. No ones of the Purchasers including, without limitation, acceptance of partial late deliveries, shall npemte as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition m other legal and equitable remedies, line option rf placing this order elsewhere and holding the Seller liable for damages 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 of negligence, such acts of Cod, acts of civil or military authorities, govemm err ml pdonties, finis, strikes, Rood, epidemics, wars or macs provided that notice of the contracts causing such delay is given to the Purchaser within five (5) days of the time when the Seller tied received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period cgwd on me time..It, last by reason ofNe delay. 3. WARRANTY. The Seller warrants that all goods, asides, m ncruds stand work coverts by this order will conform with applicable drawings, specifications, samples anther other dacriplove given, will be fit for the purposes intended, and performed with the highest degree of rare and crape rave in accordance with accepted standards for work of a similar nature. The Scllcr agrees to hold the purcM1iner harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamamy. The Seller shall replace, repair or male 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 raw or by me tern of any applicable—ly provided by me Sella offer the date of arceps. of the good furnished hereanda boacph free not Iti be ummsowbly delayed), resulting from imperial or defective work doee or mates h, famished by the Scllcr. Acceptance or use of good by the Purchases shall not commusim a waiver or any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability haevnder shall extend on all damages proximably Mused by the breach of any of the foregoing waramma or guarantees, 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 terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser, may make any changes to the terms, other than legal tenor, including addown, b Or deleirm fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change ahem the amount due or the time ofperfmmmanee hereuMea m equitable adjustment shall M made. 6, TERMINATIONS. 'The Purchaser may at any time by wdten change order, terminate this agreement ns to any or all posions of the goads men not shipped, subject ao any equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of me good amVor work, fix mcidemal or consequential damages, and Nat no such adjustment bc made in favor of the Seller with unfair to any gaols which are the Sellers standatd stock. No such teamiwtio r shall reline ran Purchaser or me Sella of any ofthetr obligations as many good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment run be asserted within thirty (30) days fmm the data the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered aM furnished in strict compliance with all applicable laws and regulations to which me Rood are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence camphorate. All laws and regulations required on be ncomomted in agreements of this character an hereby incorporated herein by this reference. The Sella agrees Ir indemnify and hold the Purchaser hamless from all costs and damages suffered by the purchaser IN a moth of the Sellers Nature to comply with such raw. 9. ASSIGNMENT. : Neither peaty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without me prior wrmen common afthe other party. I O. TITLE. The Sella commands full, clam and uoreso-icted title to the PureM1.ua for all equipment, materials, rand items famished Or performance of this agreement, free and clear of my and all liens, Moratorium reservations, security imereat cara cummus andelsimsofothers. The Sellers coulmoned obligation, including wammnry, shall not be deemed to be reduced, in any way, because such work is performed or named Iti be performed by the Purchsser. 14. PATENTS. Whenever the Seller is required on use any design, device, material or process covered by later, pabm, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any aml all claims for inMngemcnt by mason of the use of such patented design, device, material or process in connection with the common, and shall indemnify the Purchaser for any cast, expeme or damage which it may be obliged ro pay by roman ofsuch infringement at any time during fire prosecution of aeer the completion of me wad. In case said equipment, or any part ther ed or the Intended use Of the goods, is In such suit held to mnsnmte infringement and the one of said equipment or pan is enjoined. the Sella shall, at its own expense and at its ophon, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mainfdnging attipmenl, or unify it so it becomes nnninfringing. I S. DISOLVENCY. If the Sella shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a mociven or trustee for any of the Sellers pmpemy or business, Nis order may forthwith be canceled by me f urchua without liability. 16. GOVERNING LAW. The defnitimmes fit. used or the imerpraaaion of the agreement and the rights ofall panic hereunder shall be command under and ..it by the laws i fthe Sam of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreuntative(s), on me premises of MINN. IT. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in tau of any accident, destruction or injury m the weak arWot materials before Sellers fired completion and nap a, complete me work at Sellers own expense said to the satisfaction of me Pmchssn. When materials and equipment are fibrom ed by others for installation or ration by the Sella, the Seller shall receive, unload, store and handle same at me site and become responsible therefor as though such materials harbor equipment were being furnished by me Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational dimace benefits, m its employees employed on or in connection with the work covered by this purchase order, anbor to their dependents in armrdance with the laws of the able in which me work is b be done. The Seller shall dw tarty comprehensive general liability including, but not limited to, commormal and automobile public liability maintains, with bodily injury and death limits ofat lead 5300,000 for any one person, 5500,000 fat any one accident and property damage limit Per accident of Seol.000. The Seller shall likewise require his contractors, Worry, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work span the premises of otM1as, the Seller shall furnish the Purchaser with a caufaate that such compensation and insurance have been provided. Such certificates shall specify the data when such ounu- sation and insurance have been provided. Such certificates shall specify me dare when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby sssumes the entire responsibility and liability for my and all damage, lass or injury army kind Or nature whosoever to persons or property cursed by or resulting from the execution ofNe work provided fat in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property m which the Por buser may be put or subject by reason of my act, action, neglect. omission or default on the pan of the Seller, any of his continuum, or any of the Sellers or containers officers, agents or employees. In ase any suit or other proceedings shall be brought against me Purchaser, or its officers, agents or employees at any time on accomt or by reason of my s4 anion, neglect, omission or default of the Seller of any of his contractors or any of its or the. officers, agents or employees as aforesaid, sire Seller hereby agrees to assume the defense thara f and to defend the same at me Sellers own expense, to pay any and all cases, charges, mmmeys fees and other expenses, any and all judgments Nat may b< incurred by or obtained against the Porchuer or any of its or their officers, agents or employees in such suits or other proceedings, and th case judgment or other for be placed upon or obtained against he property of the Purchaser, or said pries in or res a result of such suits or other proceedings, the Seller will at once cause me same to be dissolved and dowlar%ed by giving band or otherwise. The Seller and his contractors shall take all safety premonition, finish suit install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, me Occupational Safety aM Hamm Act of 1970 and all rules mW regulationsissued pursuant thereto. Revised (Gr2014