HomeMy WebLinkAbout487846 CENTRAL MOLONEY - PURCHASE ORDER - 9142090City of
�,.F.�ort Collins
Date: 04/14/2014
Vendor: 487846
CENTRAL MOLONEY
C/O PETERSON COMPANY
10700 W 50TH AVE
WHEATRIDGE CO 80033
PURCHASE ORDER P r Page
914209042090 lgfz
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
T1100161; TRANSFORMER
75kV single phase underground
T1100161
YARD
TRANSFORMER, 75 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 #368-110-161, REVISION
Central Moloney
EA 3,711.0000 11,133.00
On all Purchases Orders for transformers, we ask that drivers give us a call 24 hours in advance.
Steve Serna - 970-221-6709
Dan Hofelinq - 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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rehouse Order Terms and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt Gam state and local taxes. Our Exemption Number is
98-04502. Fedeaal Excise Tax Exemption Certificate of Registry 84-60(0582 is registered with the Collector of
Internal Revenue, Denver, Colnmdo (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods R jetted. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of
damage in transit, may be resumed to you for reedit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merclandtu, services or equipment in clownse to this order can result in
authorized payment on the part of the City of Fan Collins. However, it is to he understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be KOH., City of For Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is giant to prepay freight and charge separately, the original freight
bill must arcompany invoice. Additional charges for packing will act be accepted.
Shipment Distance. Where manufacturers have disnibuting points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greaten distance.
Policies. Seller shall procure at sellers sole cost all necessary pennis, certificates and licema required by all
applicable laws, tegulations, ordinances and rules of the state. municipality, temtory or political subdivision where
the work is performed, or launched by any other duly concluded public authority havingjunsdictim ova the work
of vendor. Seller further agrees to hold me City of Fort Collins harmless from and againer all liability and Ins
mcurred by them by reuson clear assured or edublshed violation orany such lairs, regulations, ordinances, rules
and r pairemrnrs.
Author'vasim. All parties to this contract agree Nos the repreeemative, are, in fact, bon rude and Passive full and
complete authority to bind said panics.
LINUTATION OF TERMS. This Purchase Order expressly Timis acceptance in the terms and conditions starts
hemw set forth and any supplementary or additional hart- and conditions annexed hereto or invorpamhd herein by
reference. Any additional or different terms and conditions pmpssed by seller am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you tartans make complete shipment to arrive on your
promised delivery date se noted. Time is of the e-eme. Delivery and performance most he effected within the time
sated on the purchase order and the documents attached harem. No acts of the Purchasers including, without
limiation, acceptance effectual late delivemx shall ape ste as a waiver Elvis precision. In the event of any delay,
the Purchaser shall have, in addition to other legal and excitable remedies, the option ofplacing this order etsewbece
and holding the Seller liable for damage. However, the Sella shall not be liable for damages to a mull of delays
due to causes not reasonably foreseeable which art beyond its mountable control and without its fault of negligence,
such acts of Gad, tuts of civil or military amhontia, govemmenul pdonlics, Gm, strikes, Bond, epidemic, wars or
riots provided that.,a- of the awalmousacatow, such delay is given to the Purchaser within five (5) days of the
time when the Seller firs, received knowledge thereof. In the event of any such delay. the dam of delivery stab be
extended for the period eq.I W the time actually lost by aeasor of the delay.
3. WARRANTY.
The Seller warmnts that all goods, articles, materials and work covered by this order will confirm with applicable
drawings, specifications, samples candler other descriptions given, will he fit for the puryom intended, and
performed with the highest degree of core and competence in ucoarlance with accepted wardwas for work of a
similar mattue. The Sella agrees in hold the purchase hmmless firm any loss, damage or expense which the
Purehaa may suffrr or incur on aremem of the Sellers breach rfwamenty. The Sella shall replace, repair or make
good, without cost to the purchaser, any defects or fwls wising within one (1) ywr or within such longer period of
time ces may be pmcnbe,i by law or by the sertm army applicable commonly provided by do, Sella after the data of
acceptanre of the good fmishm hcrewder (acceptance not to be consumedly delayed), resulting film imperfect
or defective work done or materials famished by she Sella. Acceptance or use of goods by me Pumbaaer shall net
constitute is waive ofany claim under mix warmly. Except as otherwise provided in this purchase river, she Sellers
liability hereunder shall extend to all damages proximarcly wood by the breach of my of fle foregoing wart as
or guarantors, but such liability shall in no event include Ins of pmfis or loss ofuss. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal tams by wrinen change ode,.
5. CHANGES IN COMMERCIAL TERMS.
The Purchsser only nuke any changes to the temu, Omer man legal terms, including additions to or delnions from
the quarmiums ongireally ordered in me aPscifiwtims or dmwmgs. by verbal o wrman change oWef. If any such
change alTecs me amount due or me time of performance heeunde, an suitable adjustment shall be made.
6. TERMINATIONS,
The Purchaser may at any time by woolen change order, terminate this agreement - to any or all portion of the
,ands men cat Shipped, subject m any commile adiustatmt between the parries as to any work or naturals then in
progress pmvided that the Purchase shall not be liable far any claims far anlicipmed pm . on the uncompleted
portion of the goods andfr walk, for incidental or consequential damages, and that W such adjustment he made in
favor of me Sella with respect to any goods which ate me Sellers window stock. No such termination shall relieve
life Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be -aimed within mirry (30) days fmm the doh the change or wasinumn is
ordered.
S. COMPLIANCE WITH LAW.
The Seller wasmns that all good sold hereunder shall have been produced, sold, delivered and famished in will
omphrome with all applicable laws and regulations to which the goods are wbjet. The Seller shall execum 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. qTe Seller agrees to
indemnify and hold the Pushover harmless fmm all casts and damages sulTeed by me Purchaser as a mull of the
Sellers forme to comply with such law.
9. ASSIGNMENT.
Neither party shall resign, Vans&m or convey this order, or any mania due or m become due hereunder without the
prior written consent ofine other party.
10. TITLE.
The Seller warrants full, clear and annunciated title to the Purchaser for all equipment, materials, and item fumished
m performance of this agreemenn. Gee and clear of any and all liens, rwnirow,, reservations, security commit
encumbune and claims ofothers.
11. NON WAI VER.
Failure of the Purchaser to insist upon stain performance of the terms and conditions hereof, failure or delay to
exercise any rights our remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder our approval of the design, shall not relwse the Seller of
any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any right of the
purchaser to insist upon strict performance hercofor 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 aha11 any purported
am[ modification or rescission of this purchase order by the Purchuv operate as a waiver of any of the mom
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recogniu that in actual economic practice, overcharges retailing from antitrust
violations me, in fact home by the Purchases. nameplate, for good cause and as comidemtion for executing this
purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter
acquired under federal or suite wlitmst laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purcham order.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Puahaser directs the Seller to correct nonconforming or defective good.; by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Purchase
may cause the work to be perfumed by the most expeditious mean available to it, and the Seller slwll pay all
cods associated with such work.
The Seller shall release the Purchases and is contractors of any tier fmm all liability and claims of any nature
resulting from Nm performance of auch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, uniform and employees ofsuch party.
The Sellers contractual obligations, including warranty, shall not be deemed to W reduced, in any way, became
such work is performed of caused to be performed by she Particular.
14. PAT'ENTS.
Whenever the Seller is acquired to use any design, device, material or process coveted by lamer, patent, trademark
r copyright, me Seller shall indemnify and save luawacs the Purchaser from my and all claims for infringement
by reason of me use of such incanted design, device, ancernal or process in connection with the contract, and
shall indemnify the Pumhaa for any and, expense our damage which it may be obliged to pay by men ofsuch
infringement at any time during the prmmution or after she completion of the work. In are said equipment, or
any par theresror the intended ore of me goods, is in such sob held to contribute infringement and me use of
said equipment an pan is enjoined, the Seller shall, at its own as,. and our is option, either procure for the
Purch-er, the eight to continue using said equipment or pans, rplace the same with substantially equal but
noninfnnging equipment, our modify it so it becomes noninfnnging.
15. INSOLVENCY.
If me Seller shall become insolvent or bankrupt, make an assign red for the benefit of creditors, worst e
receiver or order, for any of the Sellers properly or business, this order, may homicide be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of trnn used or the interpretation of the agreemnt and the rights of ell ponies hereunder shall he
contmed under and gov<med by the laws afthe State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work haeunda,
including the arnica of Sellers Repreununve(s), on the penises ofothaz
10. SELLERS RESPONSIBILITY.
The Sella shall way, on said work at Sellers own dark until the same s fully completed and accepted, and shall,
in case of any occident, destruction or injury to the work anNor materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the wbisfaction of the Purchaser. When materials
and equipment are fumuhed by others far imullation m elastic. by she Seller, We S<Ila shall maim. wlasd,
same and handle same at the site and become responsible therefor as though such anstaias coupler equipment
were being permitted by the Sella under the order.
I S. INSURANCE.
The Seller shall, at his own expwu, provide for me payment of workers compensation, including occupational
disease benefits, m its employes employed oa our in correction with The work teemed by this purchase Oder,
torpor to their dependents in accordance with she laws of me sure in which me work is to be done. The Seller
shall now wary comprehensive gumml liability including, but all limited m, contractual and automobile public
Inability insurance with bodily injury and death limits of at least s3N.OW for any one paten. SSW,0W for my
one accident and property damage limit par accident of 5400,000. The Seller shall likewise cryuire his
contractors, if any. to provide for such compensation and insurance. Before any of me Sellers or his contrusnors
employes shall der any work upon the premisesu of ohe, thSeiler shall fumsh the Purchaser with a cenifica e
that such compensation ant insurance have been provided. Such cmificates shall specify the date when such
compewtion and insurance have been provided. Such ecrliGwra shall specify me dam whan such compensation
and insurance eapim. The Salle agrees that such emonensmion and insurance shall he maintained .,it metric
wtim work in completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire m usibility and liability for any and all damage, lass or injury army kind
or noun whatsoever to p rrous or property caused by our resulting from the execution ofthe work pmvided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hurmless me Purchase and any
r all of me Purchasers afters, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether dueler or indirect, and whether to persons or property to which the purchaser may
be put or subject by re -on of my act, action, neglect, omission or default on the port of the Sella, any of his
contractors, or any of the Sellers or crntmelors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents our employees at any time an account or
by remain of any act, action, neglect, omission or default of the Seller of any of his contmctars or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume me defense thereof and to
defend the Same at the Sellers awn expense, to pay any and all cosy, charges, some, fees and other expenses,
any and all judgment that may be intoned by an obtained against the Purchaser our any of is or their officers,
agents or employees in such suits or other proceedings, and in case judgment our offer lien be placed upon our
obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings,
she Seller will at once cause the same to be dissolved and discharged by giving bond or chummier. The Seller and
his contractors shall take all salary precwtious, fumish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, bill without limitation, me
Occupational Safety and Hcalth Act of 1970 and all toles and regulations issued pursuant thereto.
Revised 030010