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HomeMy WebLinkAbout487846 CENTRAL MOLONEY - PURCHASE ORDER - 9144889Fort Collins Date: 08/25/2014 Vendor: 487846 CENTRAL MOLONEY C/O PETERSON COMPANY 10700 W 50TH AVE WHEATRIDGE CO 80033 PURCHASE ORDER PO Number Page 9144889 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: 08/22/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 25kVA submersible transformers 3 EA 2,703.0000 8,109.00 T1100130 T1100130 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 GRDY/7620, -• LOW VOLTAGE RATING: 240/120. PER SPECIFICATION #368-110-130, REVISION Total 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: 109.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. C0MMERCIALDETAHS. Tax exemption. By sutum the City of Far Collins is exempt from state and k anal forms. 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 rate items and conditions hereof, failure or delay m lateral Revenue, Denver, Colorado (Ref Colorado Revised Statmes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure ro promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval mme design, shall at release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due w defies of any of the warramus or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be mumed to you for credit aed are not to be replaced except upon receipt of wrium purchaser to in On upon strict performance hereof or any of its rights or remedies on to any such goods, regardless instructions from the City of Fort Collin. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are still. in the City of oft Collins inpeclion oa tonsil. hereof. Final Acceptance. Receipt of the =rare die, services or equipment in response m this order con result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of For Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, o ercharga resulting from =if., ACCEPTANCE is dependent upon complerion of ell applicable required inspection poe cedums. violations are in fact home by the Pumh a on. Theretofone forngood cause and n consideration for exeating this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terra. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fon Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. if permission is given m property freight and charge.aepaamly, the origin.] Freight purchased or acquired by the Purchaser, parsuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manifaemrees have distributing points in various pans of the country, shipment is I(,he Purchaser directs the Set let In correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to deetiesdou and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thersu ier indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may an. the work to be performed by the must expeditious means available to it, and the Seller shall pry ill costs assOCiaed with such work. Peanuts. Seller shall procure ai sellers sole cost all necessary permits, certificates and lice. required by all applicable laws, regulations, ordinances and mles ofthe sonic, municipality, territory or political subdivision where the work is perfumed, or required by any the, duty constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fart 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 requirements. Autbmem on. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and onmplete authority to bind said parties. LIMIT AT [ON 0F'1'ERMS. This Purchase Order expressly limits accepmnce to the toms and cmWirma stated herein set forth and any supplementary or additional terms aM conditions annexed herew or incnrpoated herein by reference. Any additional or di@rent terns and conditions proposed by seller are objmfed 10 and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyal cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time sated on the purchae order and the documats attached hereto. No acu of the Pumhasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of Ibis provision. In the event ofony delay, the Purchaser shall have, in addition ro Other legal and tamable remedies, the option of placing his order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to caries act reasonably foreseeable which am beyond its reasonable control and without its foul, of negligence, such cars o'Gad, acts catchall or military authorities, govemmmtal priorities, fines, strikes. Board, mademies, wars or riots provided that notice of the conditions causing such delay is given a the Purchaser within five (5) days of the time when the Seller first received knowledge therm[ In the evens of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason othhe delay. 3. WARRANTY. The Seller warrants dal all goods, articles, mamas and work covered by this order will conform with applicable drawings, specifications, svmples and/or other descriptions given, will be fit for the purposes intended, and performed! with the highest degree of care and conference in accordance with accepted standards for work of a similar mature. The Seller agrees to hold the purchaser Formless from any loss, damage or expense which the Purchaser may suffer on, mom on..tier 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 M prescribed by law or by the termm of any applicable warmnry provided by the Seller after the date of acceptance of the goods fumisbed hereunder (accepmnce not a Ise unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or die of good by the Purchaser shall nor coatlmte a waiver of may claim under this wa rie ty. Except as otherwise provided In this purchase Order, the Sellers liability hereunder shall extend to all damages proximately roused by the branch of any of the foregoing warranties or guarantees, but such liability shall in no event include low of profits or Ins of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The, Purchaser may make changes in legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, iincluding ro d .men is or deletion from the yamities originally ordered in the specification or drawings, by verbal or written change order. If any such change affectsthe amount due of the time of perfomance Maunder, an cquiable adjtiumenuhall be made. 6. TERMINATIONS. The Purchaser may at any time by written change onlea terminate this agreement ex to any or all portions of the good 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 anticipated profits on the uncompleted Portion of the goods and/or work, for incidental or examequattial damages, and that no such adjntmem be, made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall ealove fie Pardoner or the Seller of any of their obligation as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be named within Miry (30) days from the date the change or mmtination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations m which the goods are subject The Seller shall execute and deliver such dacmmmmts as may be required as d(f I or evidence complicate. All laws and regulations required m be ncaryoamd in agreements of this chamber art hereby incorporated herein by this reference. The Seller agrees an indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaer as a result of the Sellers fnilum to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, consist, or money this order, or any monies due or to became due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and mtrlrem tired fille to the Pumhaser for all equipment, mamas, and items fumuhed in performance of this agreement f and clam of navy and all lints, restrictions,. nexamatimat, security interest encumbrances and claims afothers. The Seller shall release the Purchaser and its contractors of any tier tram all liability and claims of any nature resulting from the performance fsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dinedors, after, and employees ofsuch party. The Sellers contactual obligations, including waranty, shall not be deemed in In reduced, in any way, because such work is performed or caused to be performed by the Purchaser. IL. PATENTS. Whenever the Seller a requited to tax any design, device, material or Fairness covered by letter, patent, trademark copyright mhe Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mason of the use of inch efiented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason Of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or die intended hue of the good, is in such suit held a coalimte inGmearmat and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue in, said equipment or pans, replace the same with substantially equal bit noninfringing equipment, or madi(y it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall bmonre insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a MCIVCT or trustee for any of the Sellers property or business, this Older may forthwith be canceled by the Purchaser without liability. Is. GOVERNING LAW. The definition ofr,. used or the interpretation of the agreement and die rights ofall parties heremtdef shall be conhued coder and governed by the laws oftbe Scale of Colorado. USA. The following Additional Candidates apply only in cases where the Seller is to perform work hereunder, including the smices of Sailers Represenarive(s), oa the premises of others. IL SELLERS RESPONSIBILITY. The Seller shall car, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work ..&a, malarial, before Seller's final completion uad acceptance, complete the work at Sellers own expense and to the andisfaction of the Purchaser. When mannish; and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, sort ad handle same al the site end become responsible Necf err as though such materials and/or equipment were being famished by the Seller under the older. .. 18. INSURANCE. The Seller slat at his own expense, provide for the payment of workers compersdom, including Occupational disease benefits, to its employees employed on or in connotation with the work covered by this pmchae olden and/or to their dependenrs in accordance with the laws of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commercial and amomobile public liability unit...... with land, injury and death Iimiu afar mast $300,O00 Ibr any one person, 5500,000 to, any e accident and property damage limit per occident of 5400,O ,The Sell,, shall likewise require his commrors, if any, to provide for such compenaion and insurance. Before any of the Sellers or his contractors employees shall that any work upon the premises of other, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certincmes shall specify the date when such compensation and inmrance have been provided Such certificates shall specify the date when such compensation and announce expires. The Seller agrees that such compensation and insurance shall be maintained until net the entire walk is complerN and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby mmmes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pumbaer and any r all of the Purchasers offerers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or inducer, and whether to person or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any affix contractors, or any of the Sellers or contractors offal agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reawn of any am action, neglect omission or default of the Seller of my of his contractors or any of its or their officers, agents f r employces as aforesaid, the Seller hereby agrees to assume the di firse thereof and to defend the come at the Sellers own expeae, to tiny any and all costs, charges, auomeys fees and other expenses, any and all judgments 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 ass judgment or other lien be placed upon or manned against the pm,,r y of the Pmirchssn, or said parties in or as a result of such suits or other pmcccdings. the Seller will at omre arts, the same 10 be, disused and discharged by giving bond or otherwise. The Stiller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with ail laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Reused 07n014