HomeMy WebLinkAbout474444 ROCKY MOUNTAIN COLBY PIPE - PURCHASE ORDER - 9112659PO
PURCHASE ORDER 911265er Page
City Of///��� 9112659 ' of 2
`t Collins
This number must appear
` ` 1 1J on all invoices, packing
slips and labels.
Date: 05/10/2011
Vendor: 474444
ROCKY MOUNTAIN COLBY PIPE
c/o ASPEN UTILITY SALES
150 S MAIN ST
BRIGHTON Colorado 80601
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 05/10/2011 Buyer: OPAL DICK
Note
vendor:
Rocky Mountain Colby Pipe
last order: 9/8/10 - P09104950
Line Description Quantity UOM Unit Price Extended
Ordered Price
conduit, 2" cellular core 44800
65351085
65351085
YARD
CONDUIT, PVC CELLULAR CORE, 2" X 20' OVERALL LENGTH,
DB-120, 2.25" MIN. DEPTH BELLED END, .077" WALL THICKNESS,
SPIGOT ENDS CHAMFERED
ROCKY MOUNTAIN COLBY PIPE, 502020-D:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
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
FT .2935
Total
Invoice Address:
13,148.80
$13,148.80
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 exemptions. By statuette City of Fort Collins is exempt fmm state and local taxes. Oar Exemption Number is
99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6W597 is registered with the Collector of
Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet spceifeatiom, either when shipped or due to defects of
damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection, GOODS arc subject to the City offal Collins inspection on amva
11. NONWAIVFR.
Failure of the Purchaser to insist upon strict perfnmanec of the terms and conditions lwov f. finilurc or delay to
exercise any rights or remedies provided herein or by law. radon, in pmntptly notify the Seller in the even[ of a
breach, the acceptance ofor payment for goods hereunder rr approval ofthe design, shall not release the Seller of
any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hemofor any ofits rights or remedies as to any such garde, regardless
of when shipped, received or accepted, as to any prior or subsequent default hcrcundcr, nor shall any purpnned
on] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Icreaf.
Final Acceptance. Receipt of the merchandise services or equipment in response to this order can residt in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Frd Collins. Ilowcvcr. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic prncticc, overcharges reselling front antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure, violations are in fact home by the Purch ocr. Theretofore, for good cause and as consideration for executing (his
purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.R., City of Fort Collins. 700 Wood St.. Fart Collins, CO 90522. unless acquired under federal rr state antitrust laws for such overcharges relating to the unuctilar goods Or services
otherwise specified oa 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 mu t accompany invoice. Additional charges for packing will not be accepted.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacramix have distributing points in various pans of the country. shipment is If the Purchaser directs the Scllcr incorrect noncanfnmming m defective goods by a date robe agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deduemd form Imoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability munwiWitgress to comply, the Purchaser
shipments are made fmm greater distance. may cause the work to be perfomcd by the mast cspcditinms means available to it, and the Seller shall pay .11
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, ccnificatcs and licenses required by all
applicable laws, regulations, ordinances and talcs ofthe state, municipality, territory Or political subdivision where
the work is perfomcd, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Tom Collins harmless from and against all liability and Ins,
incurred by them by reason Often asserted or established violation of any such laws, regulations, ordinances, lies
and requirements.
Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and
complete mdhority to bind said panics.
LIMITATION OF TERMS, This Purchasc Order expressly limit acceptance to the terns and conditions stated
herein set forth and any supplementary or additional tems and conditions annexed hereto or incorporated herein by
reference. Any additional orditferent toms and conditions pmposcd by.scller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the lime
stated on the purchase order and the documents anached hereto. No acts of the Parchascrs including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis pmvision. In the event afany delay,
the Purchasc, shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable far damages. However. the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its unt onable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities. Gres, strikes, food, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchasc, within five (5) days of the
time when the Seller first remrved knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the title actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wamnty that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and
perfomcd with the highest degree of cam and competence in aecmditme with accepted standards for work of a
similar nature. The Seller agrees to hold the Purchaser hamiless from any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Scllcrs breach of unrmnty. The Scllcr shall replace, repair or make
good, without cast to the purchaser, 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 term of any applicable warranty pmvidcd by the Scllcr a0cr the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs
liability hcrcundcr shall extend to all damages proximately caused by the breach of any of the foregoing wa cones
or guadmices, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tells by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchascr may make any changes to the terms. other than legal terms, including additions to tar deletions front
the gormitic, ariglnally odemd in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due Or the time ofperfomdanec hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subjen to any equitable adjustment berccn the panics 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 consequential damages, and that no such adjustment be mode in
favor ofthe Seller with respect to any goods which me the Scllcrs su ndard stock. No such termination shall relieve
the Purchascr m the Seller of any of their obligations as to any gads delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustmenl most be asserted within thirty (30) days form the date the change or Icmination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller s rd nts that all gon b; sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and
deliver such dmnmcnts as may be required to effect or evidence compliance, All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchaser as a result of the
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Neither party shall .coign, transfer, or convey this order, or any monies due or to become due hcraader without the
prior written consent ofthe other parry.
10. TITLE.
The Seller wamnty full, clear and unmscictcd tide to the Purchaser for all equipment, materials, and items furnished
in pmfomame of this agreement, free and dear of any and all IicnS, ocorictions, reservations, security interest
encumbrances and claim., of others.
The Seller .shall release the Purchaser and its contractors of any tier form all liability and claims of any nature
resulting Form the performance ofsuch mark.
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 of such pony.
The Seller'., contractual obligations. including a:amray, shall not be deemed to he reduced, in any way, because
such work is perfomcd or cursed to be performed by the purchaser.
14. PATENTS,
Whenever the Seller is required to use any design, device, material or process covcrcd by letter, patcnl, trademark
or copyright, the Seller shall indemnify and save Iarmlcc 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 the contract, and
shall indemnify the Purchaser for any cast. expense or damage which it may be obliged to pay by reason of arch
infringement at any time during the prosecution or ofor the completion of the work. In case said equipment, or
any pan thereof tar the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined the Seller shall, at its own expense and at its option. either pmeure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
nnninfringing equipment or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or hanknapt make an assignment for the benefit of creditors, appoint a
receiver or trustee far any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser wjthmn liability.
16. GOVERNING LAW.
The definitirns afters used or the interpretation of the agmencnt and the rights of all parties hereunder shall be
conared under and governed by the Imes ofthe Strata OrCclua do, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Scllcrs Repmscntative(s), on the premises ofathers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sclices own risk until the same is fully completed and accepted, and shall.
in caw of any accident, destruction or injury to the work and/tar materials before Seller's final completion and
acceptance, complete the work at Scllcrs own expense and to the satistaetion ofthe Purchaser. When materials
and equipment arc famished by olhcrs for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle same at the site sad bmomc responsible therefor as though such materials andlor equipment
were being famished by the Scllcr under the order.
IR. INSURANCE.
The Seller shall. at his own expense, Provide for the payment of workers compensation, including aeeupadomal
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
andlor to their dependents in accordance with the laws of the slate in which the work is to be donor The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and dead, limits of nor least $300,000 for any are person, 5500,000 far any
one accident and property damage limit per accident of S40E000. The Seller shall likavisc require his
contractors, if any, to provide for such annpensatio n and insurance. Before anv of ride Sellers or his "nvnclors
employees shall do any work upon the Premises ofalhcrs, the Seller shall furnish the Purchascr with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date %'lien such
compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compenmdon
and insurance expires The Scllcr agrees that such compensation and insurance shall be maintained until after nlie
cmirc work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibilityand liability for any and all damage, loss or injury ofany kind
or nature ,h.tsm%cr to persons or pmpcny caused by or resulting from the execution of the vmrk pmvidcd for in
this purchase order or in connection herewith. The Seller will indemnify and hold ham less the Purchascr and any
or all of the Purchasers oRccr,, agents and employees From and against any and all claims. losses, dmmngcs,
charges or expenses. whether direct Or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, emission or default on the pan of the Seller. any of his
ern cm oar, or any of the Sellers or contractors officers, agents or employees. In case any suit tar tabs.,
proceedings shall be brought against the Purchaser. or its oRccm, agents or employees at any time on aecoum or
by reason of any act action, neglect omission or default of the Seller of any of his contractors tar any Of ids or
their officers, agents or employees as oforcmid, the Seller hereby ugrecs to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attomcys fees and Other cxpenxcs,
any and all judgnients that may he incurred by or obtained againsl the Purchascr or any of its or their officers,
agents or employees in .arch snits or other proceedings, and in case judgment or other lien be placed upon or
ohnjned against the Fropcny of the Purchascr, or said panics in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or othenwisc. I lie Scllcr and
his contractors shall take all safety preemdions. furnish and install all guards accessary for the prevention of
.accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act al' 1970 and all mles and rcgu lotions issued pursuant thereto.
Revised 03/2010