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HomeMy WebLinkAbout108464 PRYSMIAN CABLES & SYSTEM USA LLC - PURCHASE ORDER - 9140905PURCHASE ORDER PO Number Page City. of^ ` on all invs1 aosos + of 2 ' `t / of Ins This number must appear V oices, packing �slips and labels. Date: 02/02/2015 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: 01/30/2015 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price a 75031093; Cable 15Kv, 1/0, AL, jacketed 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 366,625.0000 366,625.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tii mS and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins ex exempt from state and local taxes. Our Exemption Number is 98 04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamps 1973, Chapter 39-26, 114 (a). Goods Pat GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defects of damage to transit, may be rammed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject o the City affair Collins inspecfion on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Port Collins_ However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, Freight Terms. Shipments most be FOB , City of Port Collins, 70) Wood Sr, Foil Collins, CO 80522, unless otherwise specified on this order, if permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in us parts of the country, shipment is expected from the arrest ddnibotion point Is destination, and excess freight will be deducted from Invoice when shipments are made from grwor distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordnances and rules of the site, municipality, territory or cut ifncad subdivision where the work is performed, or required by any other duly conatlmted public authority having jurisdiction over the work of vendor, Seller Supper agrees to hold the City of Fiat Collins harmless farm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles aannrequirements. Amhodaation. Ali parties to this commet agree that the representatives are, in fact, bona fide and possess full and intaglio, authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and conditions stated herein set forth and any supplannemary or additional no. aad conditions annexed herem or inwryorated herein by reference. Any additional or different owns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you coanat make complete shipment to arrive an your promised delivery date as noted Time is of the essence. Delivery mad performance most be effected within the time stated on the Finance order and the documents attached hereto. No acts of the Producers including. without Imuni ioq acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pumhaser shall have, in addition to other legal and gmarble mmedes, the option mplacing 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 m causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, gocommunist priorities, fires, strikes, flood, epidemics, burs ar hots provided that notice of the conditions causing such delay is given to the Porehow, within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date ofdelivery shall be extended for the period equal to the time actually lost 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, specifications, samples and/or other descriptions given, will be fit for the puryoees intersect, and performed with the highest degree of care and competence in accordance with accepted saandards for work of a miler, namre. The Seller agrees to hold the purchaser hornless from any loss, damage Or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty The Seller shall replace, repair or make 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 law or by the tends of any applicable warranty provided by the Seller after the date of acceptance of the goods fumtshed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchase shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profia 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 Icgal terns by wdhcn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes an the terms, Other than legal terms, including additions to or deletions from the quantities originally oNeoed in the specifications or &swings, by verbal or written change order. If any such change wmans the amount due or the time ofpetformanee hereunder, an equitable ofire ram shall be made. 6. TERMINATIONS. The Patches may at any time by written change order, terminate this agreemem as to airy o all portions of the goods then 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 ealiciowed mfits on the uncamplered portion of the ..it, and/or work, for incidental or amet uemcd damages, and that no such adjustment be made in favor fthe Seller with respect In any goods which are the Sellers standard stock. Nosuch No ination shall believe the Purchaser or the Seller of any oftheir Obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjmtOient most be maenad within thirty (30) days four the dare the change or temainatio i is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Published in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such documents as may be r,rated ro effect or evidence compliance. All laws and regulations required m be newpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchase as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall tooted, transfer, or convey this order, or any monies due or to become due hereunder %imam the prior wriven corssent Of the Other by, 10. TITLE. The Seller warmms full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofoahevc I I. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the to. and conditions hereof, failure Or delay to any rights or remedlw ere Provided herein or by law, failure to Inv ariably notify the Seller in the event of a breach, O the acceptance ofor payment for goods hereunder or approval or the design, shall not release the Seller of any of the accountants or obligations of this purchase order and shall not Ed deemed a waiver of any right of the purchaser in insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any patported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resitru ulting from antst violations are in fact borne by the Purchaser. Theretoforefor good cause and as consideration for executing this Foochow order, the Seller hereby assigns to the Purchases any and all claims it may caw have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may muse the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its commetors of any an been all liability and claims of any aware resulting form the pinficu rice of such 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 ofmch 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 beperfomted by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Processor from any and all claims for infnagemenf by rennin of the use of such patented design, device, nmtertal or process in connection with the co urnot. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any tine during the nomwintion or after the completion of work. In case said equipments or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said equipment or pails, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make as assignment for the benefit of creditors, appoint a or trustee for any of the Sellers prep my or business, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions offers used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofrhe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofgellers Ru sicab rdive(s), on the premises ofralmo. 17. SELLERS RESPONSIBILITY. The Seller shall wary, on said work at Sellers awn risk until the same is Polly completed and accepted, and shall, in x of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work m Seller's own expense and to the satisfaction of the Purchaser. Whea ma finals and equipment are famished by others for installation or erection by the Seller, the Seller sbell receive, unload, store and handle same at the site and become responsible therefor as though such maonals and/or equipment were being furnished by she Seller do, 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 or in connection with the work covered by this purchase order, and/or te their dependents in accordance with the laws of the stale in which the work is to be dove. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at letter $300,0 aft for any one person, S500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his exprowne , if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do arty work upon the premises of others, the Seller shall fumleh the Purchaser with a certificate that such compeusation and insurance have been provided. Such certificates shall specify the date when such ompensntion and insurance have been provided. Such certificates shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the amine by wasib lrV and liability for any and all damage, lass or injury of any kind r nature whatsoever to persons or property bused by or resulting from the execution ofthe work provided for in this p usbaec order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers 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 Puraharer may be put or subject by reason of any act, action, neglect, omission or default on the pail of the Seller, any of his contractors, or any of the Sellers or contractors oRcers, agents or employees. In case any suit Or other proceedings shall be brought against the Purchaser, or its offices, agents or employees at any time tea account or by reason of any 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 aforesaid, the Seller hereby ega. to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, adomeys fees and other expenses, any and all judgments that may be incurred by or obtained against e Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchases, or said parties in or ns a mull of each suits or other proceemps , the Seller will at once came the same m be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rake all wfety precautions, furnish and install all guards reaccepar, for the prevention of accidents, comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safety and Health Ad of 1990 and all rules and regulations issued pursuant thereto. Revised 07e2014