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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9141495 (4)PO PURCHASE ORDER 914149er Page C1171 of PURCHASE 41495 1012 ' `t Collins[ his number must appear V " �7 on all invoices, packing sli s and labels. Date: 12/29/2014 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: 12/29/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 7503-1130 750ALjacketed 175milcable 7,000' at $4.327/ft. per metals adjustment. Lowered line 1 by amount added 6 7503-1130 750AL jacketed 175mil cable 18,316'at $4.327 ft. per metals adjustment. Lowered line 1 by amount added on line 5. PLJ 12/29/14 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.mm 1 LOT EA 30,288.83 1 LOT EA 79,252.90 Total Pay terms net 30 days Invoice Address: 73 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By hatum the City of Fort Collins is exempt from state and local nixes. Om Exemption Number is 98 N502. Federal Excise Tax Exemption Ceniftnic of Registry 84-M589 is registered with the Collector of Internal Revenue, Deaver. Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 pd) Goode Rejaded. GOODS REJECTED due to bailout sus at specifications, either when shipped or due to ddh<u of damage in mauat may be reamed to you for emlh and are nit to M replaced except upon receipt of worn butructionsf the City of I. Collins. Impaction. GOODS are subject m the City of Goa Collins inspection an enival. Final Acceptance. Receipt of the merchandise, servican or equipment in response to this order can result in aphorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable railroad inspection procedures. Freight Temu. Shipments must M F.OB., City of Fan Collins, 700 Woad St, Fart Collins, CO 80522, unless otherwise specified on Nis order. If permission is given to prepay freight add charge separately, ale original freight bill must accompany invoice. Additional charges fro packing wise or be accepted. Shipment Distance. Where manufacturers have distributing pwma in various pans of the country, shipment is expected f the nmmt distribution point to destruction, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pandit. Seller shall procure at sellers .sole cost all naessury permits, c,mfiam s and licenses required by all applicable laws, regulation, ordinances end roles of the state, municipality, territory or political subdivision whom the work is performed, or requited by any other duly constituted public authority havingjurisdicion over the work of vendor. Seller funkier agrees to Mid the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of m awmad or established violation of my such laws, legislation, ordinances, roles and nysiman mr. Authorimrion. All cd fw to this cumart agree had the represcvtalives are, in f t Men fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tens and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different man and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imtnudienely if you cannot make complete shipment m arive on your promised delivery date as noted. Time is ofthe asomes. Delivery asp performance most be effected within the time stated on the purchase order and the documents attached hinem. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opiate as a waiver ofthis Provision. In the event army delay, the Purchaser stall have, in addition to the, legal and equitable remedies, the option ofplacing 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 control and without its fault of negligence, such new of G W, acts of civil or military authorities, governmental routines, fires, strikes, Rood, epidemics, n waor riot provided that notice of the.ndiMns causing such delay is given m the Purchaser within five (5) Jays of the dime what the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall M extended fro the period equal m the rime acholly lost by rmson of the delay. 3. WARRANTY. The Seller wamnb that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples ampor other descriplions Rival, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of n mil. nature. The Seller agrees to bold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer Or incur on account of the Sellers btemh ofwam city. The Seller shall replace, repair or make good, without cueno the purchaser, any defect or faults aping within one (1) year or within such longer period of time. may be Prescribed by law or by the there of., applicable warranty provided by the Seller alter the date of acceptance of the good Consisted hareundef (acceptance not to M unreasonably delayed), resulting from Imperfect or defective work done or mvterids thousand by the Seller. Acceptance or use of good by the Purchaan shall not constipre a waver of any claim under this wammry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately.used by ale breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofins 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 It. by wrinen change order 5. CHANGES M COMMERCIAL TERMS. The Purebaser may rake any changes to the terms. other than legal dent, including additions to or relations from the gtwoodies originally ordered in the spmafimdims or drawings, by vedsal or written change under. If any such change aft t the amount due or the rime afpMumana hereunder, anegdtable adjustment shall M nude. 6. TERMINATIONS. The Purchaser may at any time by wrim m change order, terminate this agreement as to any or all portions Of the good then not shipped, subject to my equitable adjustment between the Wrier ns to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the .completed Portion of the good and/or work, for incidental or commuential damages, oho Jot no such adjustment M made in favor ofthe Sella with respect to any goad which are the Sellers standard stock. No such simulation shall relieve tM PumM1nses in the Seller cranny of their obligations as to any good delivered beemparla. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must Ise asserted within dhidry (30) days from then date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished in shot compliance with all applicable laws and regulations to which fire good ate subject. The Seller shall execute and deliver such documents ed nay M "whot to effect or evidence tomplunce. All laws and regulations required m M incorporated'. agreements of this chanter are hereby incua mood harem by this reference. The Sella ngrtes to indemnify cud Mid the Purcbner hishad. from nil cost and down ea suffered by fire Purchaser. a rmsoll of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the ph., wdhim consent of the other party. 10. TITLE. TM Sella, warrant full, it. and tumsbicted title an the purchases far all mulpmmt, materials, and it. fumubed in P fiwm a of this agreement, five mail clew of my and all liens, mtrictaons, reservations, security internal mcumbrawas sad claims afothers. I L NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and tan Brims hereof, failure or delay to exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the actual of a breach, e the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the whenever a obligation of this purchase order sad shall nit M decimal a waiver of any right of the purchaser to insist upon surer pall rneance, hereafor any of its rights or imparts ns to any such goods, regardless of when shipped, received or accepted, as to any prim or subsequent defouls h meander, nor shall any purported mal madificatioa or haessmar of this purchase order by the Purchaser operate as a waiver of any of the mans hnmf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchases recognize that in actual K o is pmctica, overcharges nulling from anrimrst violations are in fact home by the Purchaser. Theretofore, for ugood cause and as consideration for ascending this purchase order, the Seller hereby assigns to the purchaser any and all claims it may now have or heteafter acquired codes federal a sate antiwst laws for such ovemhadga relating to ale Particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser rumors the Seller no.. nonconforming or defective not by a date to M agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates at notably an unwillingness to comply, ale Purchaser may cause the work to M performed by the most expeditious means aniloble or it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contactors of any her from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault or negligence of the, party released and shall extend to tM dances, officers aM employees ofsuch pansy. The Se bugs commctml obligations, including warranty, shall not be deemed to M reduced, in any way, because such work is performed or caused to M performed by ale Purchurn, 14, PATENTS. Whenever the Seller is required to use any design, device, material or pmttss.vered by letter, patent, trademark or copyright, the Seller shll indemnify and save harmless the Purchase, from my and all claims for infringement by reason of the due of such patented design, device, rmsmal or process in connection with the contract, and shall indemnify, the Purchaser for any cast, expense or damage which it may IM obliged to pay by mama mi'mah Infngemem many time during she i msecurion or afes the completion of red work. In case said equipment, or any pan ciereof or ale intended use of the good, is in such suit held m comtimte aofre,ement and the use of said muipmenl or For, u enjoined, the Seller shall, in its own expense and so its option, either procure for the Purchaser the right to continue using said equipment or part, replace the same with substantially equal but noninfringing muip hall, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make m assignment for the benefit of creditors, appoint a m choice fro any of the Sellers writer, or business, this artier may forthwith be canceled by the Purchaser without liability. I6. GOVERNING LAW. The deftnnom of terms used or the interpretation of the agreement add the rights of all parties hereunder shall M concerned under and governed by tM laws ofthe Some ofColoado, USA. The following Additional Conditions apply only in taus where the Seller is to lanfoom work hereunder, including the services of Sellers Represen ativa s), on the premises of others. It. SELLERS RESPONSIBILITY. The Seller shall cart, on said work a Stilel's own link until the same u fully completed and accepted, and shall, fin eau of my accident, demanded or injury in the work anddor materials before Sellers fwl completion and accepdmce,, complete the work at Sellers own expense and or the satisfaction tribe Purchaser. WMn materials anal muapment a2 frmisbal by others for installation of tree ran by ale Sella, the Seller shall receive,.load. stare add handle same at the site and become responsible therefor as though such materials anNar equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of worker compensation, including occupational disease benefit, to its employees employed on or in ..action with fie work covered by this purchase order, and/or to their dependent or accordance with ale laws of the state in which the work is m M done. The Sell. shall also carry comprehensive general liability including, but not limited tut, contractual and automobile public liability insurance with bodily injury and death limit of at least S30AW for my one person, S500p00 for any we accident and property damage limit per accident of S400.05f. The Seller shall likewise rmuire his co m umars, if any, to provide for such compensation and insurance. Befom my of the Sellers or his contmdors employees shall do any work upon the premises creditor, the Shcer shall furnish the Purchaser with a artlfinre that such compensation and insurance have ban provided. Such certificates shall specify the date when such ompensation and insurance have been provided. Such car ifimtes shall specify the date when such compensation and rnsurmce expires. The Seller agrees that uch compensation and incmauce shall M maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire raspamibiliry and liability for any and all damage, loss or injury army kind r repo whensoever to persons or property caused by or resulting from the execution of the work provided for in this purchase area or in connection h ravith. The Sella will indemnify cud Mid h weless the Purchaser and any r all of the Punishment officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the put of the Seller, any of his contractors, or my of the Sellers or contractors officers, agent or employs. In case any suit or other proceedings shall M brought against the Purchase, or its officers, agents or employees at any time oa account or by reason of my nit, action, neglmr, omission or defaull of file Seller of my of his contrapors or any or its or their officers, -gee- m employees as aforesaid, the Sella bereby agrees to assmm the defense thereof and to defend dhe smu at the Sellers own expeme. to pay any and all .st, charges, etmmeys fees sod other expenses, my unit all judgment that may M inmrod by or Obtained against the Purchases on, any of its or their affairs, agents or employees in such suit or racier proceedings, and iv .se judgment or other lam M placed upon or obtained against he property of the Purchaser, or said parties in or as a occult of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and has contractors shall take all safety precautions, famish and install all guard accaut for the prevention of accident, comply with all laws and regulations with regard to safely including, but without Inhibition, the Occupational Safety and Health Act of 1970 add all rates aM regulation issued pursuant thereto. Revised Mail14