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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9141495 (2)PO PURCHASE ORDER 914149er Page City. of495 ' of ' `tCollins/ This number must appear ` �.I 1' on all invoices, packing sli s and labels. Date: 01/1512015 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: 01/15/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 7 7503-1130 1 LOT EA 84,427.86 750AL jacketed 175mil cable 19,702'at $4.285 ft. per metals adjustment. Lowered line 1 by amount added on line 7. PLJ 1115/15 s 7503-1130 1 LOT EA 24,160.90 750AL jacketed 175mil cable 5638'at $4.285 ft. per metals adjustment. Lowered line 1 by amount added on line 8. PLJ 1/15/14 9 7503-1130 1 LOT EA 48,371.82 750AL jacketed 175mil cable 11288'at $4.285 ft. per metals adjustment. Lowered line 1 by amount added Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By stank the City of Pan Collins u exempt from sine and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions aemoL failure or delay t Internal Revenue, Drover, Colorado (Ref. Colorado Revised Sciences 1973, Chapter 39-26, 114 (a). exercise any rights or mondies provided herein or by law, failure In promptly notify, the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or mprmal of the design, shall not release the Seller of Goods Rejefed. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defeck of any of the wartanties or obligations of this purchase order and shall not be d«med a waiver of any right of the damage in tmtnit, may be retained to you for credit and we not to be replaced except upon receipt of written purchases in insist upon strict performance hereafter any of its rights or remedies as to any such goads, regardless instructions ftom the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this pencM1ase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject m the City of Fon Collins 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. authorised payment on the Pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Pureazser recognize that in actual economic practice, overcharges resulting From nntirust ACCEPTANCE usdependent upon completion of all applicable required impaction procedures. violations are in fact more by the Purchaser. Theretofore, far good cause and as mnsideor an for executing this purchase order, the Seller hereby assigns to rise Purchaam any and all claims it may now have or hereaRer Freight Tenor. Shipments most be F.O.D., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless acquired under federal or some antitrust laws for such overcharges relating m the pcircular goads or services concourse specified on this under. If permission is given to prepay freight and charge separately, the original fight purchased or acqu'ved by the Purchazer pursu ind m this purchase will bill most accompany invoice. Additional charges far peaking will not be accepted. Shipment Distance. Where ..of". have distributing points in voriom its of the country, shipment is expensed from the nearest distribution paint on def instion, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all womemry permits, cenificatas end licenses required by all applicable laws, regulatiam, wi imncas and sales of the sate, municipality, territory or Political subdivision where the work is performed, or required by any other duly corea m awl public authority laving jurisdiction over the work of vendor. Seller border agrees to hold the City of Fort Calif. harm. from and against all liability mad loss bicameral by them by reason of an msme or nmblished violation of any such laws, mimlmiom, ordiamnces, roles and requirements. Authorization. All parties to this commct agree fast the representatives ore, in fact, bom fide and perms, full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions safe herein set forth and any supplementary or additional toms and conditions coursed Intent or incorporated herein by reference. Any additional or different.. and conditions proposed by seller art objected m and hereby jecoad. 1. DELPVERY. PLEASE ADVISE PURCHASING AGENT comfort if you cannot make complete shipment W mrive on your pmmisd delivery date as noted. Time is of the essence. Delivery and Performance most be e1@cte within the time stated on she parcM1am order and the documents attache hereto. No acts of the Purchasers including, without limiution, acceptance of partial late deliveries, shall operate as a waists of this precision. In the actin ofany delay, the Purchase shall have, in addition to other legal anal 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 as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such aces of God ask ofcivil or military aulhomim, g .m.fl priorities, fires, strifes, Rood, epidemics, wan or nok provided that notice of the conditions causing such delay is given to elm Purchase within Five (5) days of the rime when the Seller fin, rectivd knowledge therm( In the event of any such deco, the date of delivery, shall be extended for the peril equal no the time aeemlly lost by reason off e, delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work mverd by this order will conform with applicable drawings, spceifications, samples author other descriptions given, will be Et for the puryoses intended, and performed with the highest degree of tuna and competent in accordance with accepted standards for work of a similar mire. The Seller agrees to hold the purchaser fraternities from any loss, damage ar axioms, which the Purchaser may suffer Or incur on account of the Sellers breach of wwrmry. The Seller shall replace, repair or make good, without cost in the pwahaer, any defects or faults arising within one (1) year or within such longer petie of time as may be prescribe by law or by the manna of any applicable warranty provided by the Seller aver the date of acceptance of the goods perished hereunder (acceptance not to be unreasonably delayed), resulting from imperf r or defective work done or materials furnishd by Be Seller. Acceptance or use of goads by the Purchaser shall not institute a waiver of my claim under this wim0nly. Except as otherwise provided in this purchase order, the Sell. liability hereunder shall extend nt all damages proximately caused by the branch of any of the foregoing warranties or gumanous, but such liability shall in no event include loss of profit or lass 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 IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, mine, than legal femk, including additions 1m or deleiom from the quantities originally ordered in the specifications or doewinga, by verbal or written charge order. It any such change affects the amount due or the time of perfrmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change aide,, terminate this agreeae, as to any or ill portions of the goods fen not shipped, subject to any equitable adjustment between the parties 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 incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which art the Sellers standard stock. No such termination shall relieve ,he Purchaser or the Seller Of any of their obligations as to any goads delivered hereunder. q. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days firma the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishd in suict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to eRee or evidence compliance. All laws and regulations require to be incespomtd th agreements of this charmer we hereby incorporated herein by this referentt. The Seller agrees m indemnify and hold the Purchaser hamtless from all conk add damages suffered by the Pmclvmer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall cosign, tmr¢fef, or convey this order, Or my monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TUTLE. The Seller warrants fall, clear and committed tide to the Purchaser for all equipment, counties. and items famished in pe,Cortnamt of this egreeanent, feet and clear of my and all liem, restrictions, reservations, security interest mctunbmocea and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to comet nonconforming or defective goods by a data to W agreed upon by the Purchaser and the Seller, and the Seller thereafter institutes its inability or mfwillinmess to comply, the Pamhase may coax the work to be perforated by the most expeditions means available W it, and the Sena, shall pay all cents mc«imd with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability said claims of any nature resulting from the pmifiemantt off.h work. This release shall apply even in the eve. of fault of negligmce of the p.ry release and shall extend to the directors, aRcars and employees of such parry. The Stiles contractual obligations, including wmraory, shall not be deeme to be reduced, in any way, became such work is performed or ..it,. be performed by the Purchaser. 14. PATENS. Wheneve, the Seller Is required to sex any design, device, malarial or process covered by letter, patent, tmdenah r copyright, the Seller shall indemnify and save harmless the Pamhasm from any and all claims for infringement by reason of the use of such patented design, device. mar mal or lowest in comummen with the common, and shall indemnify the Purchaser for any cost, espense or damage which it may be oblige to pay by reason of such infringement at any time during the prosecution or aRm the completion of the work. In cox said equipment, or my pan therm( or rate intended ace of the goods, is in such suit held to commute infna ment and the use of said equipment or pan u enjoined, the Seller shall, at its own expense, mad at its option, either procure for the Purehmcr flat right W continue using said equipment or park, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes wniufnging. IS. INSOLVENCY. If the Seller shall become insolvent or bW:mpt. make an assignment for the benefit of creditors, appoint a receiver nr tr cam for any of the Sellers properly or business,archer this oer may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The de0nifions of trek use ar the irinowetation ofthe agreement and the rights of all parties hereunder shall W command under and governed "a laws of the State ofColomdo, USA_ The fallowing Additional Conditions apply only in sums where the Seller is to perform work hereunder, including the services of Sellers Rmrexvafivt(s), on the premises ofofers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until rate same is fully completed and accepted and shall, in use of any accident, de paclion or injury to the womk and/or materials before Sellers final completion and mctprance, complete the work at Sellers own expense and m the aationeioa of the Purchases. When materials and equipment we fumishd by others for installation or erection by fine Seller, toe Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or muipment were being fumishd by the Seller under the Omer. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of wohers compensation, including occupational disease benefits, to its employees employed on or in connection with the work coved by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liabil iry insurance with buddy injury and death limits of as hoof S3W,000 for any one person, $500,00o for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his pmcm rs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises of Others, the Seller shall finish the peccify the wit a when su h cam such compensation and insurance have been provided. Such Certificates shall specify the tat when wen .ad insurance ance and ies I he have been provided. Such certifituts shall wane she date when such compensation the and insurance complete dhe Seller agrees thin such compensation and insurance shall be maintained until after the entire work is completed and incepted. 19. PROTECTION AGAINST ACCIDEN TS AND DAMAGES. The Seller hereby assumes the entire resWnsibiliry and liability for any and ell damage, loss or injury ofany kind or nature whosoever to persons or property, caused by or resulting from the execution of she work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless rise Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, dmmages, charges or expenses, whether direct or indirect, and whether W per ass or pmpary to which the Pureltaser may be put or subject by reason of any net, action, neglect, omission or default on the Part of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees In case my suit or other proceedings shall be brought against the Purchaser. Or its officers, agents or amployees at any note on account or by reason of my act action, neglect, omission or defcult of the Seller of any Of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assmne the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, about momeys fees and other expenses, any and all judgments that may be incurred by or obtained against she Franchiser Or my of its or their officars, agents or employees in such suits or other proceedings, and in core judgment or other Jim be placed upon or obtained against the property offie Purchaser, or said ponies in or as a result of such suits or other pmceefgs, she Seller will at once cause the same m be dissolved and discharge by giving bond or otherwise. The Seller and has contractors shall take all safety precautions, funish and ma all all guards necessary for the prevention of e uidents, comply with all laws and regulation with regard to safety including, but without limiation, the Occupational Safety and Health Act of 1970 and all rules wad mgWmd issue porsumt theme. Revised 07n014