HomeMy WebLinkAbout487846 CENTRAL MOLONEY - PURCHASE ORDER - 9142089Fort Collins
Date: 04/14/2014
Vendor: 487846
CENTRAL MOLONEY
C/O PETERSON COMPANY
10700 W 50TH AVE
WHEATRIDGE CO 80033
PURCHASE ORDERPO
914208er Page
142089 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 04/14/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i 50KV SUBMERSIBLE XFMR 50 EA 3,031.0000 151,550.00
T11100150
T1100150
YARD
TRANSFORMER, 50 KVA SUBMERSIBLE, SINGLE PHASE WITH OVERCURRENT
PROTECTION PER SPECIFICATION. ONE COVER MOUNTED SEPARABLE
INSULATED LOAD BREAK HIGH VOLTAGE BUSHING WELL, THREE COVER
MOUNTED STUD SECONDARY BUSHINGS.
HIGH VOLTAGE RATING: 13200 GRDY/7620,
LOW VOLTAGE RATING: 240/120.
PER SPECIFICATION #368-110-150, REVISION
CENTRAL MOLONEY, PER SPEC; HOWARD IND, PER SPEC;
On all Purchases Orders for transformers, we ask that drivers give us a call 24 hours in advance.
Steve Serna - 970-221-6709
Dan Hofelina - 970-217-9494
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
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-03502. Federal Excise Tax Exemption Cenificak of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver Colorado (Ref Col..& Revisd Stama s 1973, Chapter 39-26, 114 Fq
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be retuned a you far credit and are not to be replaced except upon receipt of winners
instructions tosere the Ciry of Fort Collins.
Inspection. GOODS are subject to the City ofFort Collins inspxtion on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
amhorizd payment on the part of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon wmplefiae cf sll applicable required inspection procedures.
Freight Terms. Shipments must be TO City of Fen Collins, 700 Wood Sr. Fort Cubans, CO 80522, unless
otherwise specified on this order. Upermission is given to prepay freight and charge seppprody, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in os pans of the country, shipment is
expected tram the nearest distribution or. to dedurabon, and excess freight will be dductd from Invoice when
shipments are made from greater distance.
Permits. Seller shall pfosum at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having Jurisdiction 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, miss
and requiremnme
Authorization. All parries to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance f the terms and conditions stated
herein set forth and any supplementary or additional mums and conditions annexed hereto or incorporated herein by
reference. Any additional or different femu and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the prods se order and the documents attached hereto. No acts of the Purchasers including, without
limitation, aceeptence of partial lam deliveries, stall opaste as a waiver of this Pruvisioa In the event of any delay,
the Purchaser slab 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 far damages as n result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such.6 of God, ac6 ofcivil or military auchrairse, governmental prionties, fires, strikes, flood, epidemics, wars or
ri.s provided that 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 equal to the rime actually lost by ream. other delay.
3. WARRANTY.
The Seller warmers 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 no mats intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
'mile nature. The Seller agrees to hold rue purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or new on account of the Sellers breach of waranty. The Seller shall replace, repair or make
goad, 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 terms of any applicable warranty provided by the Seller after the date of
aaceptance of the goods famished hereunder (acceptance not to be nrferwrodsly delayed), reaching from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall or
constitute a waiver of coy claim under this warenry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall exceed In all damages proximately caused by the breach of any of the foregoing warannes
or guarantees, bur such liability shall in no event include loss ofprofics 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 writes change order.
5. CHANGES IN COMMERCIAL TERMS.
"a Purch srmay make any changes to the terns, other than legal terms, including additions to or deletions farm
the quantities ongundly ordered in the spie ficatiom or drawings, by verbal or wrinen change order. If any such
change offect, the amount due or time afperf rnance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then err shipped, subject to any durable djustmenl 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 incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such nomination shall relieve
the Purchaser or the Seller of my oftheir obligations as to any goods delivered hereunder.
p. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days Wm the date the change or tnmination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in sMd
compliance with all applicable laws and regulations to which the goods me subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify ad hold the P rrchaer harmless from all costs and damages sufferd by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASS[GNMENT.
Nether parry, shall assign, transfer, or convey this oMe,, or any monies due or to become due hereunder without the
prior writes coswe of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishd
in performance of this agreement, farce and clear of any and all liens, restrictions, reservation, security interest
encumbrances and claims ofothery
I I. NONWAIVER.
Failure of the purchaser to insist upon strict performance of the tame and conditions hereof, failure or delay f
exercise any rights or rem dies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon duct performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as he any prior or subsequent default hereunder, am shall any purported
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 Purchser recognize that in sews] anis practice,practice,overcharges resulting from antitrust
violations are in fact home by the purchaser. ThereroPore,for good cause and as coside ition for exeoming this
purchase order, the Seller hereby assigns f the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antim nt laws for such overcharges existing to the particular goads or services
Purchased or acquired by the Purchaser Fusion[ to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchser sued the Seller, and the Seller thereafter indicates its inability or unwillingness a comply. the Purchaser
may cause the work to be performed by the most expeditious mews available to it, and the Seller shall pay all
costs a weaned with such work.
The Seller shall ofese the purchaser and its contractors of any tier Imo all liability and claims of any nature
resulting from the pwfrmerep afeuch work
This release shall apply even in the event of fault of negligence of the party released tied shall extend to the
directors, officers and employees ofsuch party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, is any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required as use any design, device, material or process covered by letter, pent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement
by reason of the use of such patented design, device, material or process in connection with the control, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged f pay by reason of such
infringement at any time during the lowermost or after the completion of the work. In case said equipment, or
my, pan thereof or the intended use of the goods, is in such suit held to coostimm 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 right to continue acing sail equipment or parts, replace the same with substantially equal but
noninGnging equipment, or modify it so it becomes noninfiingmg.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee 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 moms used or the interpretation offs agreement and the rights of all parties hereunder shall be
coshued under and governed by the laws of the State of Colorado, USA.
The fallowing Additional Conditions apply only in owes where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises clothiers.
17. SELLERS RESPONSIBILITY.
The Seller shall cart, on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in awe of any accident, destruction or injury to the work torpor materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receivq unload,
since and handle same at the site and become responsible therefor as though such matedsls anNor equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn 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 f 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
liability resonance with bodily injury and death limits of at least $)Ws
,000 far any one person, $500,000 for any
one accident and property damage limit per accident of 540O,O00. The Seller shall likewise require his
consumers, if any, to provide for such mmpensalion and insurenee. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchser with a certificate
that such compensation and insurance have been provided. Such cenifica¢s shall specify the dare when such
compensation and insurance have been provided. Such certificdes shall specify the date 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 acceptd.
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 W persons or property caused by or resulting from the execution of the work provided far in
this purchase 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 on which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his
supporters, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against he Purchser, or its offlcas, agents or employees at any firne on account or
by reason 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 aforesaid, the Seller hereby agrees w symme the defense thereof and to
defend the sane at the Sellers sun expense, f pay any and all costs, charges, attorneys fees and other expenses,
any and all jdgmen¢ that may be incurred by or obtained against the 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 alike Producer, or said parries in or as a result of such suits or other proceedings,
the Seller will at once came the same to be dissolved and discharged] by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuantthereto,
Revised O3I2010