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HomeMy WebLinkAbout113090 PETERSON COMPANY - PURCHASE ORDER - 9145848Fort Collins Date: 10/09/2014 Vendor: 113090 PETERSON COMPANY 10700 W 50th AVE WHEAT RIDGE CO 80033 PURCHASE ORDER PO Number Page 9145848 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: 10/09/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 50KV SUBMERSIBLE XFMR 100 LS 3,032.0000 303,200.00 T1100150 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; Per quote 65669 dated 10/9/14 9 weeks for delivery 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 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 Condit ons Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions By stators the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Entree Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Pardoner to insist upon strict perfo icnce of the minis mid conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights Or 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 or approval cribs design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of written purchase,to insist upon strict performance hereof or any Of its .,his or remedies as to any much grads, regardless insiru num, from the City Of Fort Collins. of when shipped, received or accepted, as in any prier Or subsequent default hereunder nor shall any purpoMd oral modification Or macissian of this purchase order by the Purchanor operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Raceipt Of the merchandise, services Or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fan Collins. Howevm it is to be understood Had FINAL Seller and the Purchaser recognize that in major economic practice, overcharges resulting from antitmsl ACCEPTANCE is dependentupon complmionoTh fall applicable required inspection procedures. violations are in fact borne by the Purchaser.eretofore,nfodgood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or Immune, Freight Terms. Shipments must be, F.OB., City of Fan Collins, 700 Wood St., Fen Collins, CO 80522, unless acquired under federal or state antiuust laws for such overcharges relating to the particular goods or services oNerwo, specified on this Order, If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for Backing will not be accepted. 11 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in us parts of the country, shipment is If the Purchaser directs the Seller da comet noseraforring or defective goods by a&te to be agreed upon by the expected from the nearest distribution point to destination, and as., freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness w comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits Seller shall procure at sellers sole cost all necessary Famous, certificates and licenses required by all applicable laws, regulations, ordinances and miss ofthe state, municipality, territory or Political subdivision where the work is perormed, or required by any other duly constituted public authority hadogjuriadiction over the work of vendor, Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss ncumd by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements, Authorization. All parties to this contract agree that the representatives are, in fact, bow fide and possess f II and complete aalhoriry to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions slated herein set rich and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active an your promised delivery date as noted. Time is of the essence. Dlivery and performance must be effected within the time small on the purchase order and the documents aeached hereto. No acts of the Purchases including, without limitatian, acceptance of partial late deliveries, shall spectate as a waiver of this provision In the event of any delay, the Purchaser shall have, in addition in other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasa mbiy foreseeable which are beyond its construable control and without its fault of negligence, such acts of God, ra s of civil or military authorities, goveinmenml priorities, fires, strikes, flood, epidemics, wars or riots provided that natice of the conditioas causing such delay is given m 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 time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable twinge, specifications, samples and/or other descriptions given, will be fit for the purposes inlrnded, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchase homeless man any loss, damage or expense which the Purchases may suffer or incur on was ofthe Sellers breach of wane nry. The Seller shall replace, repair or make gomL without cost o the Functional, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the reins of any applicable wartenry Talkiest by the Sella after the date of acceptance of the Rands finished remainder (acceptance not to be unreasonably delayed), resulting From, impactor or defective we& done or materials firmisbard by the Seller. Acceptance or us, of good by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend or all damages pm.mously caused by the breach of any of the foregoing warranties or gumamees, but such liability shall in no event include loss of profits or loss of tone. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES M LEGAL TERMS. The Purchaser may make changes to legal toms by written change Order. S. CHANGES IN COMMERCIAL TERMS. The Pearbaer may make any eM1nngh 10 me terms, ether man Ia,[ a—, including addirimor to or dohniom from the quantities originally ordered in the specifications or drawings, by verbal or wisdom change order. If any such change Offecs the amauni due or the time of performance Fereunda. an equitable edjnstmem shall be made. 6.TERMINATIONS. The Piuchuer ray at any time by ..an change odder, terminate this ageement as or any or all porment of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted potion of the goods and/or work, for incidental or consequential densities mad that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers stmdad stock. No such mrmiation shall relieve the Purchaser or the Seller afany of then oral igatiom as to any good debarred hereunder. ]. CLAIMS FOR ADJUSTMENT. Any clam for adjustment mart be asserted within fairly (30) days form the date toe charge Or temira'am is offered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold herewder shall have been produced, sold delivered and furnished in strict compliance with all applicable laws and regulations j which the good are subject The Seller shall execute oral deliver such documents as may be required to effect or evidence compliance. All laws add regulations required to be transponder] in agreements of this character em hereby inco canoed herein by this reference. The Seller agrees or indemnify and hold the Purchaser harmless from all cosy and damage sa ffmad by the Purchaser res a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, trdasfer, or convey %is order, or my monies due or to become due hereurdor without the Prior written coastal of doe other perry. 10. TITLE. The Seller wamuns fall, clew and nomination] fide to the Purchaser for all equipment materials, and items furnished in ParfirsommovC of this agreement, fate and clear of any and all urns, resuictiom, der menions, security interest eact rr mmcce aM clams ofothms. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims Of any nature resulting from the pmform ince of such work. this release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Setters contractual obligations, including wamanly, shall act be deemed la Is, reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to nx any design, device material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser fiver any and at I claims for infringement by reason of the use of such Bamnmd deign, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, 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 cox mud equipment, or any part thereof or the intended use of the goods, is in such suit held to convince e 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 mundane using said egOipmem or parts, replace the same with substantially equal but noninGnging equipment, or remhly n so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint e mociwor 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 masts used or the interpretation ofthe agreement and the rights of all Wrties hereunder shall be concerned under and Eastman by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the sm'ices of Sellers Reprexntalicas), on the premises of others. 17, SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser, When mmmals m r equipment are fum6hed by others for installation or erection by the Seller Ore Seller shall receive, unload, stare and handle same at the site and become responsible great as though such mmmals anNm equipment wile being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for toe Raymond of workers compeaation, including Occupational discuss benefits, to its employees employed oa or in commotion with the work covered by this pamhae, order. medics to their dependrnts in accordance with the laws of the state in which the work is to be done. The Sella shall Aso carry comprehensive general liability including, but not limited to, mmraztual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his mammonist, if may to provide for such compeisetlon and Insurance. Before any of the Sellers or his contractors employees shall do any work upon the promises of other, the Seller shall fuinlsh the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such compensation arA insurance have been provided. Such certificates shall specify the date when such cnmpencition and insurance expires. The Seller agrees do, such compensation and insurance shall be mainmirted until after the aid. walk is completed end incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damal loss or injury ofmy kiwi or nature whasrcver to pmam a property caused by or resulting from the execution of the work provided for in this purchase ardor or in connection herewith. The Seller will indemnify add hold harmless the Purchaser and any r all of the Purchasers agieed. agents and employees from aed against any and all claims, lasses, damages, charges or ea,. , whahm, direct or indirect, and whether to persons or property to which the Furchmer may be put Or subject by reacnn or any act, action, neglect omission or &fault on the pout ofthe Seller, any of his ontractors, or any of the Sellers or contractors officers, agents at employees. In com my suit or other pmccolim s shall be brought against the Purchaser, or its officers, agents or employees an my time on account or by reaw r of any act, action, neglat omission or default of the Sella of my of his contactors or any of its or their officers, agmm or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, W pay any and all moss, charges, i aomeys fees and other expenses, my and all judpnmts that may be inmurrtd by or obtained nodded the Purchaser or any of its or that oRiced, agents or employees in such suits or other proceedings, and in case judgment or other lien bo placed upon or ObtainM against the property ofthe Purchaser, or said panic in or as a result of such suits or other proceedings, Rise Sella will tar once cause the same no be, dissolved and dochmgud by giving bold or otherwise. The Seller and his conuamors shall take all safety precamiand, furnish and install all guards necessary for the prevemnion of azcidens, comply with all laws aM regulations with regard to safety including. but without limitation, fie Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant therein. Revised Omit 14