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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9147646PURCHASE ORDER PO Number Page City. of Collins /�OI I 9147646 ,oft } ( I1 „s 1� This number must appear " on all invoices, packing �sllps and labels. Date: 12/26/2014 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: 12/26/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 75031093; Cable 200000 FT 1.9920 398,400.00 15Kv, 1/0, AL, jacketed 75031093 YARD CABLE, UNDERGROUND, 15KV, JACKETED #1/0 AWG, 19 STRD., AL, .012" MINIMUM THICKNESS SEMI -CONDUCTING XLP CONDUCTOR SHIELD, .220" NOMINAL THICKNESS UNFILLED TRXLPE INSULATION, .860" +/-30 MILS DOI, .030" MINIMUM THICKNESS SEMI -CONDUCTING XLP INSULATION SHIELD, .940" +/-50 MILS DOS, 16414 BARE, UNTINNED COPPER CONCENTRIC NEUTRAL, .040" MINIMUM THICKNESS BLACK LLDPE ENCAP JACKET, PER SPEC. NO. 367-102, REV. , SHIP ON 5032 N/R 2500' REELS +/-200' (SUPPLEMENTAL INSTRUCTIONS FOR SHIPPING CONTAINED IN SPEC) Prysmian price $1,992/1000 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 tr Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCW.DETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from stare and local taxes. tau Exemption Number is 11. NONWAIVER. 9g-tM502. Fedeal Excee Tax Exemption Certificate of Registry 84-600(iSS7 is registered with the Collector of Failure of the Purchaser to insist upon strict perf ova of the temn and conditions; hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtcs 1973, Clafter 39-26, 114 (a), exercise any rights or remodics provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptmce ofor payment for goods hereunder or approval alum design, shall not release the Sella of Goods R jected. GOODS REJECTED due to failure to meet specifications, either when shipped or due so defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage m mrsit, may be returned to you for credit end au Out to be replaced except upon receipt of warned purchaser to insist upon strict performance hereofor my of its rights or remedies as to any such goods, regardless inanuctions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, now shall my purported am] modification or rescission of this purchase order by the Purchaser operate - a waiver of any of the moms Impaction. GOODS are initial to the City of Tom COL. inspection an arrival. head!. Final Acceptance. Receipt of the merchandise, servicm or equipment in response, in this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. audmrimd payment an the pan of the City of Fort Collim. However, it is to be mdasmad that FINAL Seller and the purchaser rsogniec that in actual exmomic Practice, ovachmgec resulting from antirmmt ACCEPTANCE is dependent upon completion of all applicable required i-perficn procedures. violations art in fact home by the purchaser. Theretofore, for good came and as consideration for executing this purchase order, the Seller hereby sodium to the Purchaser my and all claims it may now have or hereafter Freight Terms, Shipments must be F.O.B., City of Fall Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or state salmon laws for such overcharges misting m the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or returned by the Purchsser pursuant to this purchase order. bill must accompany invoice. Additional charges for parking will not be naoepted 13. PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS. Shipment in vano- pans of the country, havedevinatim, Where manution direct, the Seller nonconforming or defective des by a dateprows to be agreed upon by the or de@city If the Purriss, r.. thee. O a d excess ovice when from the oast distribution point to datiation, and excess freight will be deducted from Invoice when and me S Sella the indicates or u to comply, the Purchomer Purchaser and the Sella, and the Sella theusaRer indicates its ability or to shipmeexpected shipments are made from grater distance. it a available all may cause the work to be by the mat expeditious means available to it, and me Sella shall pay all orfomtW costs ,assisted with such work. Permits. Seller shall Famous at sellers sole cost all nacsmry permits, cenifiutes reed liccru- required by all applicable laws, regulations, ordinances and rules of des sore, municipality, territory or political subdivision when the work is performed, or squired by any other duly continued public authority hasingjunsdimion over the work of vendor Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales and requirements. Authorization. All parties to this contract agree that the rtpreunmaiva are, in final. bona fide and possess full and complete summary to bind said panics. LIMITATION OF TERMS. This Franchise Order expressly limits acceptmce to the teats and wndifions stated herein set forth and any supplementary or aaddifimid terms and cmldilions mo exed hereto or it mporared herein by reference. Any additional or different emu and conditions proposed by sella are objcaed to and hereby musical. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carrot make complete shipment to arrive on }nun promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents annched hereto. No acts of the Puchsers including, without limitation, acceptance of partial late delivmes, shall optimism - a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due to causes not reasonably famevable which are beyond its rmmnable control and without its fault of negligence, such acts ofGod,acts ofavil car military authorities, governmental Families,! s, srikes, Bond, epidemics, war, or riots provided that mfice of the conditions Taming such delay is given a drc Purchaser within five (5) days of We time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period egtml to the time mtualty last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specificaticm, samples and/or other darriptiost given, will be fit for the purposes intended, and lammed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may oft or incur oa aca., of the Sellers branch of warranty. The Sella shall replace, repair or make good, without cast to the purchase, any defects or faults consul, within one (1) year or within such longer Period of time as may be pownbW by law or by the terms ofany applicable wenxnty provided by the Seller after the date of acceptmce of the goods furnished hereunder brampmom not to be tmaamabty delayed), ,euhing from impalea car, defective work done or naterials fraishvi by the Sella. Acceptance or use of goods by the Purchaser shall Out cwrstimte a waiver of my claim anda this warranty. Except as whmriu povided in this purchase order, the Sidles liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing rummies or guarantees, but such liability shall in no evert include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Formosa may make changes as legal terms by rrinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Po comer may rake any changes to me tams, dher than legal tams, including additions to or delmorn from the 9uncides originally odered in the specifications or drawings, by verbal or wnnm change order. If any such change affects the amount due or the time ofperformm ve hereunder, an extricable adjustment shall be made. 6. TERMINATIONS. Thc Purchaser may at any time by wrinen change under, terminate this agreement as to any ar all panic- of the goads then not shipped, subject to any equiable adjustment between the parries 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 the goods and/or work, for incidenml or moans, mtial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which art the Sell. waskid stack. No such termimfion shall relive the Push -a or, the Seller ofany of their obligations as to my goods delivered hereunder. Z CLAIMS FOR ADMSTMENT. Any claim for adjustment most M assorted within martyr (30) days four the date the change or caminatior is ordered S. COMPLIANCE WITH LAW. The Seller warren that all gooda said hereunder shall have been produced, sold, delivered and fumishal is strict compliance with all applicable laws and regulatlo- to which the goods are subject. The Seller shall execute and deliver such documents as may be rams d to effect or evidence compliance. All laws and regulations required to be coryomted in agreements of this character are hereby incoryomted herein by this reference. The Seller agrees to indemnify cad hold the Purchase, harmless from all costs and damages suffered by the Purchaser as a mesh of the Sellers failure to camPly with such law. 9. ASSIGNMENT. Nedra parry shall assign, transfer, or convey this order, m my manic due or to become due hertunda without the prior "am consent of the other parry. 10. TITLE. The Seller warfamm full, clew and mu nsfcted fide to the Purchaser for all equipment, mamrials, and items famished in Performance of Nis agreemem, free and clear of my and all lie-, wrictions, reservations, saurity interest encumbrances and claims of others. The Sella shall release the Punh-a and its contractors of my ties from all liability aM claims of any naeurt 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, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not her deemed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchnser. If.. PATENTS. Whenever the Sella u requind to use any design, device. material Or process covered by lens, patim, rmdaurk or copyright, the Sella shall inderunify oral save harmless the Puahaser from my and all claims fro infringement by reawn of the use of such patented design, device, mmeial or process in emmection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reawn ofsuch infringement at any time during the prosecution or after the completion of the work. In eau said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pen is enjoined, the Seller shall, at its own expense and at its option, either practice for the Purchase, the right to continue to, said equipment w pans, replace the same with substantially equal bur naninfnngfng equipment, or modify it so a becomes nardnhinging. 15. INSOLVENCY. If the Seller shall become insolvent or barctrupt rake m assignment for the benefit of creditors, appoint a demaivar or ruste te ( my of the Sellers property, or business,ma this order y forthwith be wattled by the Puchmer without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofer agreement and the rights of all parties hereunder shall be conserved under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where me Seller is to perform work herctmder, including the services of Sellers Rapmuneative(s), on the premises clause.. 17. SELLERS RESPONSIBILITY. The Sella shall wary on said work at Sellars awn risk until the sans, is fully completed and accepted, and shall, in case of any accident dauucdan or injury to the work and/or matmau befam Sellers final completion and rmpeance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When matmals and equipment art f ished by others fro installation or erection by the Sella, the Sella shall receive, woad, stare end handle same at the site and become responsible therefor as though such nutenals candor atuipm.t were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on at in connection with the work covered by this purchase order, and/or to their dependents in amMance with the laws of the stare in which the work is to be done. The Seller shot] calm any comprehensive gmerel liability including, but not limited ter, andism nd and mtomobile public liability insurance with bodily injury and death limits of or 1. S3W W0 for any am pearad, SSW," for my mcideat and properly damage limit per accident of S000,000. The Sella shall likewise require his, contractors, Worry, to provide for such confirmation and insurance. Before any of the Sellers or his contractions employees shall do any work upon the premises of others, the Sella shall Rhombi the Purchaserwith a cenifiwu that such compensation and insurance have ban provided. Such cenifica es shall specify the date when web confirmation firmation and insurance have been provided. Such certificates shall specify the date when such compensation and iosumnce expires The Seller agrees that such camp, -cation and immune shall be maintained until oBe, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hcrtby-surd the maim responsibility and liability for my and all damage, lass or injury ofany kind or mature whatsoever to persona or property caused by or resulting from the execution rude work provided for in this purcluse other w in connection h.widm The Sella will indemnify and hold harmless the Purchaun and any r all of the Purchasers offic., ,am aM employees from and against my and all claims, lanai, damages, charges or expenses, whether direct or indirect, and whether to person; at property or which are purchaser may b, put or subject by reason of any rat, action, neglect, omission or default on the pan of the Seller, any of his contactors, or my of the Sellers or contractors officers, agents or employers. In case any suit Or other proceedings shall be brought against the Parch-er, or its olBcem. agents or employees at any time oa account or by reawn of my act, action, neglect, omission or default of the Sella of any of his connectors or my of its or their ofirms, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sell. own expense, to pay my and all cards, chstgc, mmmeys fees aM other a.,., any and all judgmrnts dot may be inured by or obtained against the Purchaser w my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon m obtained against des pmpmy oflhe Poselsoa. or said Train is or as a result Of such suits an Orion proccdiags, the Sella will at once muse the same m be dissolved and diachargd by giving hand or otherwise. The Sella and his contractors shall like all safety precautions, furnish rnd mail) all Small necessary for the posention of accidents, comply with all laws and regulations with regard to wfery including, but without limitation, the Ocapmional Safety and Drum Act of 1970 and all nsles and regulations issued pursuant thereto. Revised OM014