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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9147647Fort Collins Date: 12/26/2014 PURCHASE ORDER Vendor: 108464 PRYSMIAN CABLES & SYSTEM USA LLC 700 INDUSTRIAL DR LEXINGTON SC 29072-3755 PO Number Page 9147647 1of2 his number must appear on all invoices, packing ell sand labels. 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 7503-1130 300000 FT 4.5050 750AL jacketed 175mil cable 75031130 YARD CABLE, UNDERGROUND, 15KV JACKETED 750KCMIL, 61 STRD., STRANDFILLED ALUMINUM CONDUCTOR, 100% INSULATION THICKNESS, COPPER CONCENTRIC NEUTRALS, AND FLEXIBLE ENCAPSULATING JACKET WITH THREE INTEGRAL RED STRIPES EXTRUDED PER FORT COLLINS SPECIFICATION 367 - 102, REVISION , SERIAL 04 Price is $4.505/1000 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.00m Total 1,351,500.00 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. COMMERCIALDETARS. Tax exemptions. By statute the City of Fort Collins is exempt fmm sate and local taxes. Our Exemption Number is 11. NO A VAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collator of Failure of the Purchaser to insist upon s rict perfomseve of the tames and conditions hemaE failure or delay to Im met Revenue, Denver, Colorado (Ref. Colorado Revised Samres 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, faihue by Promptly notify the Seller in the event of a breach, rate acceptance ofor aayment for goods hereunder or approval addle decigp shall not release the Seller of Goods Rejected GOODS REJECTED due on failure to meet specifications, either when shipped or due to defaces of any of the waranit. or obligations of this purchase order and shall cat be dermed a waiver of any right f the damage to transit, may be reddened m you fo credit and art at to be replaced except upon orici d of written marchouer to insist upon scrim performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of who slipped, received or accepted, as to any prior or subsryumt default hereunder, nor shell any puryorted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GGODS are subject to the City of Pon Collins inspection on arrival. hereof r Final Acceptance. Receipt of the merchandise, services or c lwLeaval in response to this order can earth in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized Raymond the pan of the City of port Collins. Howeven, d is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, ovemharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inS mlon prae Brea. violations are in fact borne by the Purchaser. Theremfoee, for good cause and as consideration for executing this Purchase order, the Seller hereby assigns ib the Purchase( any and all claims it may now have or hereafter Freight Terms. Shipments most he F.O.B., City of Fan Collins, 7W Wood St., Fart Collins, CO 80522, unless acquired under federal or state antinust laws for such overcharges relining to the particular goad or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purebued or acquired by the Purchaser pursuant m this purchase order. bill most accomoanv invoice. Additional charges for backing will not be accented Shipment Contest. Where manufacturers lave disuibuling points an various pans of the muntry, shipment is expected fmm the waml distribution point to denimtion, and excess freight will be deductd f Invoice when shipments are made from greater distance. Permits. Seller shall procure E1 sellers sale mat all necessary pemmis, modifess. and licenses required by all applicable laws, regulations, ordinances and roles of the stale, municipality, temmry a Political suWivision where the work is performed, or raloitd by any other duly commuted public authority having jurisdiction over the work of verdict. Seller further agrees in hold the City of Fart Collins hmmloss from said against all liability and loss incurred by them by reason of an wsened or established violation of any such laws, regulations, ordinances, roles require omos. Authorization. All parties to this contract agree that the representatives are, in Get, bona fide and possess full and complete authority m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tenor and conditions stated herein set forth and any supplesumtary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carom make complete shipment to union on your Promised delivery date as rimed Time is of the excuse. Delivery and performance most be, effected within the time sorted 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 of any delay. the Purehmer shall have, in addition to other legal and equiable remedies, the option ofpiming this order elsewhere and holding the Seller liable for damage However, the Seller shall not be liable for damages as a mull of delays due to causes not reasonably foreseeable which are beyond in reasonable mnwl and without is fault of negligence, such acts afGod,ace ofcivil or miliary amhorities, governmental priorities, fires, strikes, flood, epidemics, wars art riots provided shut notice of the conditions causing such delay is given to the Purchaser within five (5) days of the 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 mlad to the time actually lost by mown of the delay. 3. WARRANTY. The Seller warrants that all goad, articles, materials and work covered by this order will conform with applicable drawings, spmifcations, samples maker other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and cemperence in acmrdace with accaptd warlocks for work of a imilar cure. The Seller agrees to hold the purchaser harmless fmm any lass, damage or expense which the Puschaur may Buff m incur on account fthe Sellers bench of cam mety. The Sellm shall replace, repair in make good, without cost to the purchaser, any defens or faults miming within one (1) Year or within such longer period of time in may be pmcribd by Law or by the tams afany applicable warranty provided by the Seller after the date of acceptance of the god fumashed hereunder (acrytanm mot to he unrxmnably delayed), resulting from imperfect or dfective work done or mmmias fiunished by the Seller. Acceptance or use of good by the Purchawr shall not constitute a waiver of any claim tinder Nis warranty. Except as whervise provided in Nis purchase order, the Sellers liability hereunder shall extend by all damages proximately caused by the breach of any of the foregoing warmntica or guarantors, but such liability shall in no event include loss ofprofis or lass of sew. NO IMPLIED WARRANTY OR MERCI (AFFABILITY 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 IN COMMERCIAL TERMS. The Purchaser may make any changes to the isms, omen than legal tams, including auditions to or deletions fmm the quantities originally ordered in the specifications or dmwinga, by venal or wrinm change order. If any such change eRmts the amount due air the time afi ecourmance hemurder, an equitable whommeo dull be made. 6. TERMINATIONS. The Pummem may st any time by wrinen change other, terminate this agreement as to any or oil portions of dw goods then err shipped, subject a any aluimble djustment between the parties so many 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 maker work, far incidental or conaequerand damage, and that an such aujiatmmt be made in favor of thc Seller with mpecl to my good which are the Sellers mndard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations to to any goad delivered hereunder. f. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8.COMPI.IANCE WITHLAW. the Seller warrnts that all good sold hereunder shall have been produced, sold, delivered and famished in said compliance with of applicable Gws and regulations tp which the good are subject The Seller shall execute and deliver such documents as may he requird to effect or evidence compliance. All laws and regulations mquimL to be incorporated in agreements of this coumtm art hereby imn,pomed Herein by this tcferenet. The Seller agrees to indemnify and hold the Purchaser hmml¢a fmm all moss and damages suffered by the P rmucc m in a mull of the Sellers failure b comply with such law. 9.ASSIGNMENF. Neither party shall assign transfer, or convey this order, or any maides due or m became due himu der without the prior written cannew of the other perry. 10. TITLE. The Seller werans full, clear and muesmcted title to the Purchaser for all equipment, materials, and item fumsled in performance of this agreement free and clear of any and all liras, restrictions, nervations, security interest mcumbmne. and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Ptuchaser directs the Seller to correct nonconforming or defective goods by a dare tube agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates ins inability or tmwillogness to comply, the Purchaser may cause the work w be performed by the mat expeditious means available to it, and de Seller shall pay all mars associated with such work. Ti Seller shall ml. the Purchaser and is ram umors of any net from all liability and claims of any noun mulling from 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 directors, Officers and employees ofauch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perrormed by the Purchaser. 14. PATENTS. Whenever the Seller is emairel to use any design, device, material or proress covered by letter. into trademark or copyright line Seller shall indcnmify and save harmless the Purchases fmm any ad all claims for infraingement by reason of the tow of such amended design, device, material or process in connection with the common, and shall indemnify the Purchaser far is, cast expense or damage which it may he obliged On pay by reaon of such infn-asgement at any time during the prosecution in after the completion of the wok. In caw said equipment or any part thereof or the imended use of the goad, is in such suit held to constitute infringement and the use of said equipment or Part is enjoined, the Seller shall, in to awn expense and at its option, either procure for the Purchase, the right to continue using said equipment or pans, replace the same with substantially equal but nonlnfringing yuipmmt or modify it so it becomes noninGnging. 15.INSOLVENCY. If the Seller shall became insolvent or bodmap , make an assignment for the benefit of creditors, appoint a remover or tmoee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of term used or the interpretation of the agreement and the rights of all parties hereunder shall be cmutrued order and governed by the laws ofhe State ofColmodo, USA. The following Additional Conditions apply only in aces where the Seller is to perform work hereunder. including the services of Sellers Representative(s), on the premises ofo low, Il. SELLERS RESPONSIBILITY. The Seller shall cart' on said work at Seller's own risk until the more s fully completed and incepted, and shall, in case of any accident destruction Or injury to the work and/or ammo s bed Sellers fical completion and aceponce, complem the work at Sellcls own apeme and to the smisfacdan of the Purchaser. When smaderias not equipment are Burnished by other far modulation or erection by the Seller, the Seller shall receive, cooked,sam stare and handle e at the site and become responsible therefor as though such materials and/or equipment were being wombed by the Seller under the older. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefis, to its employees employed on or in connection with the work covered by this purchase coder, Occur to their dependents in accordance with the laws of the stale in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited a, communist and automobile public liability insurance with bodily injury and death limits of in least s3W,M for any one person, $500,000 for any arm accident and property, dbnage limit per accident of 5400,000. The Seller shall likewise mprom his contractors, if any, an provide for such compensation ad insurance. Before any of the Sellers or his comments employees shall da any work upon the prmnises of others, the Seller shall famsh the Purthazer with a certificate that such compensation dud insurance have been provided Such [[nafiaies shall specify the date when such compensation and houance have been Provided Such vedifmates shall specify the date when such compensation and bsuravce expam. The Seller agrees that such compensation and insurance shall he mainuind until after the more work 6 completed and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss Or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify, and hold hmmless the Purchaser ad any r all of the Pmchmers officers, agents sad employees from and against any and all claims, lasses, damages, charges w expenses, whether direct or indirect, end whether to persons or property to which the Purchaser may l e put or subject by reason of any act, action, neglect omission art defauh an the pain of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In care any suit or other proceedings shall he brought against he Purchasm, or is officers, agents or employers at any time on seem= or by reaon of my act action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforessid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Seller own expere, to pay any and all costs, charges, attorneys f ad other expenses, any and of jdgmens that may be incurred by or obtained against the Purchaser or any of its or thew officers, agents m employees in such suit or other proceedings. anal Or eau judgment or other lam he placed upon or obtained against the proprty ofthe Purchaser, or said panties in or as a result ofauch aura or other pmceediogs, the Seller will at case cruse the same to be dissolved and dischargd by giving bad air otherwise. The Seller and his mntmctors shall wake all safety pre ustriam, fiunim and ansull all guards occessnry for the prevedm of accidents, comply with all laws and regulations with regard to safety including, but without limfumo, the Occupational Safety and Health Am of 1970 and all rules and regulations issued pursuant themo. Revised 072014