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HomeMy WebLinkAbout112997 HOWARD INDUSTRIES INC - PURCHASE ORDER - 9144685PO PURCHASE ORDER 914468er Page C117/ of PURCHASE 9144685 t of z ' `t Collins This number must appear ` on all invoices, packing sli s and labels. Date: 08/13/2014 Vendor: 112997 Ship To: UTILITY SERVICE CENTER - WA HOWARD INDUSTRIES INC CITY OF FORT COLLINS PO BOX 1588 700 WOOD ST LAUREL MS 39441 FORT COLLINS CO 80521 Delivery Date: 08/12/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 T1100130 25kVA T1100130 EA 3,069.0000 9,207.00 TRANSFORMER, 25 KVA SUBMERSIBLE, SINGLE PHASE WITH OVERCURRENT PROTECTION PER SPECIFICATION. ONE TOP -MOUNTED SEPARABLE INSULATED LOADBREAK HIGH VOLTAGE BUSHING WELL, THREE TOP -MOUNTED STUD SECONDARY BUSHINGS. HIGH VOLTAGE RATING: 13200 GROY/7620, LOW VOLTAGE RATING: 240/120. PER SPECIFICATION #368-110-130, REVISION PRODUCT: 1-PHASE HORIZONTAL SUBSURFACE (PG&E / ALLIED UTILITY SPECIAL) 08-10 WKS KVA: 25 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 = 64, LOAD = 301, TOTAL = 365 IMPED = 1.9 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@fogov.com 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 2 of 2 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of Pont Collins is exempt form cum add, fact, ixa. Our Exemption Number, is 11. NONWAIVER. 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 reins and conditions brmcf, failure or delay to Internal Revenue, Denser, Colomdr (Ref. Colorado Raised Sumter 1973, Chapter 39-26, 114 (a). exemme any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evem of a breach, the acceptanceofor payment for goods hereunder or approval ofthe design, shall net release the Seller of Goo&, Rejected. GOODS RD ECTED due to failure a meet speci 6entions, either when shipped or due to defects of any of the wammdieor obligations of this purchase order and shall not be deemed a waiver of any right of the (nonage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, rapalless inswctinn s from the City of Pon Collins. of when shipped, received or accepted, as w any prior or subsequent default hereunder, nor shall any purported oral modification or remission of this purchase order by the Purchaser operate as a waiver of any of the armas Inspection. GOODS are subject o the City of Fort Collin inspection on arrival. hereof. Final Acceptance. Receipt of the memhandise, services or equipment in morning to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Tom Collins. However, it is to be understood that FINAL Seller and the Pwdhaser recognize that in actual economic practice, overcharges rending from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure, violations are in fact tame by the Purchaser. Theretofore, for good cause and as consideration for executing this purebau order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Temps. Shipment no be TOD, City of I. Collins, 70 Word Sr, Too Collins, CO 80522, unless acquired under federal or sum antimm law, for such overcharges relating to the particular goods or services Otherwise specified on Nis order[fpemission is given to prepay freight and charge normally, the original freight purchased or acquired by the Purchaser pursuant o this purchase order. bill nest redaction, invoice. Additional chances far madam will nut be accepted. Shipmmal Distance. Where m:mufacmr,e have distributing points in various puns of the country, shipment is m,mmd from the nearest distrthtion. point to destination, and excess freight will he deducted from invoice when shipments are made from greater distance. remain, Seller shall procure at sellers add con all necessary permit, ecrtifirnes and licenses required by all applicable laws, in,lmies, ordiostnces and roles of the sum, municipality, temtory or political subdivision where the work is performed, or required by any other duly rorstimted public authority havingjurisdiction over the work of render. Seller loom, agrees to hold the City of Fon Collins M1mmlecs from end againd all liability aM loss incurred by them by arson of an counted or em bl¢hed violation of any such laws, regulations, ordinances, roles and requirements. Amhonsulion. All ponies W this contract agree that be representatives pre, in fact, bona fide and possess full and examples rOtbonry to bind aid pod ml. LIMI IAT ION OF TERMS. This Purchase Order expreasly limits neceptnned to the terms and conditions stated hamin set Soon and any supplcn¢nlnry or additional terms and month lions annexed hereto or incamormed herein by reference. Any additional or different mint and conditions proposed by seller sere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment an above on your promised delivery dare as, aired. Time is of the essence. Delivery and performance most be ef@eed within the time stated on the purchase order and the documents Broached hereto. No acts of the Purchasers including, without Eradication, acceptance of partial Ice deliveries, shall Oil m a waiver of this provision. In the cent crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, be Seller shall not be liable for damages m a result of delays due to ruses not reasonably firescrble which are beyond its reasonable control and without its fault of negligence, such Is of God, cut of civil or military authorities, governmental priorities, fires, strikes, Rood, epdenries, wars or riots provided that notice of the Crndiirne causing such delay Is given bn the Purchase within five (5) cloys .1 the time when the Seller first received knowledge thereof In the event of any such delay, the date of del ivcry shall be extended for the period equal ro the time actually lost by o down of the delay. 3. WARRANTY. The Seller warrants but all goods, maides, materals and work covered by this older will ronfom with applicable drawings, spedifienimes, samples o No, other dacnplioas given, will h fit for the puryma intended, and Performed with the highest degree of rare and competence in accordance with accepted standard fin work of a 'mile namrc. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer m incur on amount of the Sellers breach of wmranty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults m isinC within one (1) year or within such longer period of time as may be prescribed by Jr. or by the terms of any applicable womnty provided by the Seller ever the date of acceptance of the goods famished hereunder fived,mwe not to be comisen ably delayed), Orgill ing from imperfect x defecive work done or materials fumighed by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this wananry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any aUse foregoing warranties or guarantees, bar such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES Be LEGAL TERMS. The Purchaser may make changes to legal terms by warren change order. -. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other, than legal mints, including additions to or delelirns from the quantities originally ordered in the spec,ifica ions or drawings, by verbal or written change order. If any such change affects the amount due or the time of p,fmmunce haeundes tin equitable udjnnm m shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all Famous of the goods then nut shipped, subject to any equitable abasement mission the Wnies as to any work or materials then in progress provided quit the Purchaser shall own be liable far any claims for mnictimed profit on the uncompleed portion of the goads andor work, for incidental or comequentul damages, and that an such adjustment be nude in favor of the Seller with mpect to any goad which are the Sellers small stock. No such termination shall relieve be Purchaser or the Seller army affair obligations as to any goods delivetnd hereunder. 7. CLAIMS FOR ADJUSTMENT, Any claim for collimators must be msmed within thirty (30) days from the date the change or mandinntian is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Pomishad in inner compliance with all applicable laws and regulations to which the goods we subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lows and regulations required to be incorporated is agreements of this character are hereby incorpommd herein by this reference. The Seller agrees to indemnify and hold be Purchaser harmless from all costs and damages singing by the Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this ores, or any monies due or to become Me hereunder without the ,Her wdmeo consent of the the, party. III. TITLE. The Seiler ova., full, clear and unrendemd tide to the Purchaser for at I equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, reslnetion, reservations, security interest encumbrances and claims of Others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe 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 theactim indicates its inability of wwillingnessm comply, the Purchaser may cause the work to be performed by the most expeditious means available to d. and the Seller shall pay sll Inns assonimed with such work. The Seller shall release the Purchaser and its dommemes of any an foam all liability oral claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to be directors, officers and employees ofsuch party. The Seller's comments] obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfnrned err cauud,o be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, Cl ear, trademark or copyright the Seller shall indemnify and save ha ndess the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with hie rommet, and shall m&o fy the Purchaser for any con, expense or damage which it may IN obliged to pay by reason ofsuch infringement at any time during the Formation or after be completion of the work. In case said equipment, or any For thereof or the intended use of the goods, is in such suit held to wnstiNte infringement and the use of said equipment or Paul is cajoling, the Seller shall, at its own expense and as its option, either procure for the Purchaser be night to continue using said equipment or part' «place be rove with substantially equal but m n nifnnging equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of crial Curs, appoint a receiver or m vibe for any of the Sellers pmpeny or business, this ad, may forthwith be canceled by the Purehmc, without liability. 16. GOVERNING LAW. The definitions ofit. used m be iOteryreitioo able agreement and the rights of all panic hertundashall he conwed utd, and gmemed by the laws of the Site ofColmM, USA. The following Additional Conditima apply only in r where be Seller is to perform work hereunder, including the scrvice, of Sellm Repreumative(s), on the premier ofoller, 17. SELLERS RESPONSIBILITY. The Seller shall carry be said work an Sellers own risk until the same is fully complaad and acce,c), and shall, in x of any accident, destruction or injury to the work wal materials before Seller's final completion end acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are fumuhed by others for installation or erection by the Seller, the Seller shall receive, unload store and handle same at the site and become responsible therefor as though such materials =War equipment were being famished by the Seller once, the nod,. IS, INSURANCE. The Seller shall, at his own expend, provide for the payment of workers comptauariaq including occupational disease benefits, to its employees employed on or in connection with the work created by this purchase Omer, andror to their dependence in accordance with the laws of the site in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual end automobile public liability insurance with bodily injury and death limits al .1 least $300,000 for any one person, $500,000 for any one accident and pmpeny Menage limit par secident of $400.000. The Seller shall likewise require his if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchase, with a cedifcare that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify be dam when such compensation and insurance expire. The Seller agrees that such compression and irswance shall IN mainlined ..it after be entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibilily and liability for any and all damage loss or injury of., kind or nature whensoever to person or priority caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmlam the Purdunef and any cr all of the Purchasers officers, agents and employees front and against any and all claims, losses, damages, harges aexpert whether direct or indirect and whimar m pen or property to which the Purchaser may be put or orceramics, by maven of any act action, neglect ommunn ar default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees In cog any suit or other prseeedings shall N brought against the Purchaser, or its officers, agents or employees at any time on acmum or by reawn of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or Wei, officers, agent or employees as aforesaid, the Seller hereby ogre, to assume the defense thereof and m defend the same at be Sellers own expense, m pay any and all costs, charges, err.,, fees and other enforces, any and all judgments Nat may be incurred by or obtained against the Purchad r it, any of its or their olEcers, agent or employecs in such suits or other pmeeWings, mM in bass, judgment or othc, lint be placed upon or Obtained against the property of the Forehner, or said parries in or as is mull of such suit or other moceMivge, the Seller will at once Cause the same to be dissolved and dhcharycd by giving bond or otherwise. The Seller and his continuous shall take all safety precaution, fumish and install all pounds necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, be Occupational Safety and Hilda Au of 1910 and all roles and regulation issued pubmant lhca e. Revised 07R014