Loading...
HomeMy WebLinkAbout112997 HOWARD INDUSTRIES INC - PURCHASE ORDER - 9144684Fort Collins Date: 08/13/2014 Vendor: 112997 HOWARD INDUSTRIES INC PO BOX 1588 LAUREL MS 39441 PURCHASE ORDER PO Number Page 9144684 1of3 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: 08/12/2014 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 Howard Industries EA 3,957.0000 11,871.00 PRODUCT: 1-PHASE HORIZONTAL SUBSURFACE (PG&E / ALLIED UTILITY SPECIAL) 08-10 WKS KVA: 75 KVA HV: 13200GRDY/7620 95KV BIL LV: 240/120 3 BUSHINGS WITH X2 INTERNALLY GROUNDED TAPS: NO TAPS TANK: SS304L (LOW CARBON) LOSSES: NO LOAD = 169, LOAD = 578, TOTAL = 747 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9144684 2o13 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price IMPED = 1.9 OIL TYPE: MINERAL 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 11.871.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is II. NONWAIVER. 98-04502, Federal Latise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Failure ofthe Plurdmet to insist upon strict performance of the terms and conditions brace( failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stories 1973, Chapter 39-26. 114 (a). exercise any rights or marshes provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods remainder or approval ofthe design, dull not release the Sella of Goods Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due m defects of 'any of the warranties or obligmims, of this purchase order and shall not be deemed a waiver of any right of the damage in ..it. m+y be regnned to you for credit and arc not to be replaced except upon receipt of written Purchase, W insist upon strict performance, hereofor tiny of its lights or remedies Or to any such good, mgardless immermas from the City effort Collin. of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any imported oral north Dealing or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Part Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, se r equipment in response to this order canresult in 12, ASSIGNMENT OF ANT [TRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicablerequired inspection prreedm¢ violations am in fact home by the Purchaser Theremfare, for goad cause and as consideration for caroming this purehaae order, the Sella hereby assign to me Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mar be F.O.B., City of Fort Collins, 100 Wood St, Fan Collins, CO 80522. unless acquired oada fdeml or sum until., laws for such overcharges relating 1a the particular good or services otherwise specified on this order. If permission is given to prepay fight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing is 11 not be accepted. 13. PURCIASH ItS PERFORMANCE OF SELLERS Oil LIGA DONS, Shipment Distance. Where manufclnrers have distributing points in as parts of the country, shipment is If the Purcrnv directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the th expected from e nearest distribution print to destination, and excess freight will be dedumed from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from Seems, distance may cause the work loud o ffomted by the most expeditious moons available to it, and the Seller shall Pay all costa a assimed with sorb work. Permits. Seller aM1ml procure a1 sellers sole cost all necessary warol cti ifivid. and licenses required by all applicable Laws, regulation, ordinances and rules of the state, municipally, temmry or political subdivision where The Seller shaft release the Purchaser and its contractors of any her from all Iiabil ay and claims of any nature the work is perfonred, or required by any other duly constituted public authority has ing jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of Fort Cut [in, M1amles, foam and against all liability and loss red by theta by reason area asserted or established violation of any such Ines, regulations, ordinances, mles This release shall apply even in the event of fault of negligence of the parry released and shall extend to the and requirements, directors, oliivers and employees of such parry. Authenticator. All probes to this contract argue that me repremnutives are, in fair,, bona fide and possess full aM no Sellers contactual obligation, including wamnty, shall not be dremd W be reduced, in any way, because omplae authority to bind said panics, such work is performed o coma d to be performed by the Purchaser. LIMITATION OF TERMS, This Pures axe Order expressly limits acceptance to the terms and condition stated heremfor,), set and any supplementary ,, additional terms and conditions annexed screw or incorporated herein by reference goy additional or diRerem means and conditions proposed by sole are nhjeemd to and hereby rtjccld. 2. DELIVERY. PLEASE ADVISE PURCHASING AGI7NT immediately if you cannot make complete shipment to arrive on your promised delivery date as toted Time is of the essence. Delivery and performance rant be effected within the time stated on the purchase order and the documents aruehd hereto. No acts of the Purchasers including, without limimtion, acceptance of partial late deliveries, shall opemle as a waiver of this provision. In the event of any delay, the Pm,haser.,halI have, in addition,, other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall mar be liable fir damages as a result of delays due W causes nor masnnably foreseuble which are beyond its masawble toolbar and without its Golf of negligence, such acts of GM, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that nmire of the conditions causing such delay is given to rile Purchaser within five (5) days of the time when the Seller list received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period .11. the time actually last by reason of the delay. 3. WARRANTY, The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, speeifealiter, , samples andor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence In accordance with accepted standards for work of a mils, more. The Seller agrees to hard the purchaser hatless fears any hiss, damage or cap,. which the Pumhna may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair ar make good, without cost to me meha ol, any defects to faults arising within one (1) year or within such longer perind of time as may M pracribd by law or by the temp fany applieable commit, provided by the Seller a0enhe dam of ecep race of the good furnished hereunder (acceptance not to W unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purehner shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Set lers I'tatelity hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such Iiabil it, shall in no event include loss of profits or Ins of use. NO IMPLIED WARRAbH Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may ..it. changes to legal terms by written change oNer. 5. CHANGES IN COMMERCIAL TERMS. The PumM1aso, any make my changes m the terms, other than let lams, including nddnions to or deldinns from The quantities originally ordered in the specifications or drawings, by verbal or written change Or If any such change affects the amount due or the time ofmrfommce hereunder. an equitable adjustment shall be madr. 6. TERMINATIONS. The Purchma may at any fine by written change oMO, termirete this agreement as W any or all portion of me goods then not shipped, subject to my equitable adjustment between the parries as a any work o, materiaH then in progress provided that the Pur racer shall not be liable for any claims for anticipated profits on the unmmpletd portion of the goods ardor work, fir incidental or consegnernal damages, and that re such adjustment be made in favor of the Setter with respect o any goods which are the Sellers sundaN stack. No such temtirolion shall relieve the Purchaser or the Seller of any oftheir obligation as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment nun be asserted within thirty (30) days man the dam he change or womirulion is oNered- 8. COMPLIANCH WITH LAW. The Setter warrants that all goods sold remainder shall have been producer, sold, delivered and Ihmished in shirt ,..,Iran,, wish all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such docummu as may be requod to elite, or evidence rompliance. All laws tied regulations nyoired to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this bade,, or any monies due or to become due hereunder will om the prior written consent of the other pony. 10. TITLE. The Seller warrants full, clear and uaresbicted title so the Purchaser for all equipment, mmenta6, and items furrow I. peffomuce of his agreemena, free and ofr of any and all lien, restriction, rtsm ,a., security interest encumbrances and claims of timers. 14, PATENTS. Vi'lagne,er the Seller is required W use any design, device material or pro...red by letter, patent, trademark or copyright, Jr. Sellerhallindemnity and save humorists the Purchaser from any and all claims for Infringement by rmmn of the use of such patented design, device, nrnerial or reacess in connection with the contract, and shall indemnify he Purchaser for any coal, expense or damage which it may be obligd to pay by reason of socb infrigenent at any time during the tobacconist or after the completion of the work. In case said equipment, or any pan thereof or the mounted use of me goods, is in such suit held m contimte 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 using said equipment or pans, replace file same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baflmpt, make as acsagmment for the benefit of credaWrs, appoint a or tester for any of the Sellers Exel or business. this order may foMwith be mnreled by the Purchaser vemom liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construct tinder and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where fire Seller is to perform work hereunder, including the services of sellers RembenativHs), oa the premiss of others. ❑. SELLERS RESPONSIBILITY. The Selie, shall carry on said work at Sellers own risk ..,it the same is fully completed andaccepted, and shall, e of any accident, desmaibn or injury W the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase. When materials and equipment are PotnisFd by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site wed become rsponlblc therefor as though such materials and/or equipment were being famished by fie Seller under the order. IS. INSURANCE. The Sella shall, at his own experts, provide for me payment of workers compensation, including compatioael disease benefits, to its employees employed an or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Iowa of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and avtonrobile public liability insurance with bodily injury and death limits of al least $300.000 for any one Person, S50111100 for any one accident and property damage limit per accident of S40o,000. The Seller shall likewise require his committers, How, to provide for such compemmion and itnurmce. Before my of the Sellers or his contractors employees shall do any work upon the premises ofomers, the Seller shall famish the Puohase with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and inumnce have been provided. Such cerificates shall specify the date when such counteraction and insurance expires. The Seller agrees that curb compensation and insurance shall be maintained until after the entire work is completed and a rose. 19, PROT ECl'ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asstunes the entire mponibiliry sod liability for any and all damage, loss or injury of any kind when., to pervarms or peserry--it by or resulting( the execution come work provided for in this purchase older or in mrmection herenim. 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, lasss, damages, charges or expenses, whether direct or indirect, and whether to person or progeny to which the Purchaser may M put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In base any soh it other Proceedings shall be brought against the Purchaser, or its affect , menu or employees at any lime oa account or by reamn of any act, action, neglect, omission or default of the Seller of my of his mnvadors or any of its or Nair oRcers, agents tor employees or of said, me Seller hereby agrees to ssnarm the defense thereof end to defend the come at me Sellers awn expense, to toy any and all costs, charges, amomeys fees and other raps., any and all judgments mat may be incurred by or obtained against the Purchsse or any of its or their officers, agents or employees in such suits or other praceedings, and in case judgment or other lam be placed upon or churned against the property ofthe Purchase, or said ponies in or n a result of such suits or other proceedings, the Seller will at once cause elm same to be dissolved and discharged by giving bond or otherwise. The Seller end his conmicmrs shall rake all safely precaution, famish and install all good necessary for the prevention of ccidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulation issued pursuant memo. Revised OIR014