HomeMy WebLinkAbout474444 ROCKY MOUNTAIN COLBY PIPE - PURCHASE ORDER - 9113741Fort Collins
Date: 06/30/2011
PURCHASE ORDER
Vendor: 474444
ROCKY MOUNTAIN COLBY PIPE
c/o ASPEN UTILITY SALES
150 S MAIN ST
BRIGHTON Colorado 80601
M
PO Number Page
9113741 1of3
This number must appear
on all invoices, packing
slips and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 06/29/2011 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
320 Ft - 6" DB-120 TC6/TC8=
# 512060020 $244.22/C
DB120 Conduit per attached quotation as follows:
NOTE: Only 6" needs chamfer.
Testing new foam core pipe for ductbank construction.
Total including shipping
F.O.B. Timberline Substation
SHIP TO:
Timberline Substation
1809 Timberline Road
Fort Collins, CO 80521
1 LOT LS
Contact Kevin Knotts @ 970-631-5420 or Ryan Greene @ 9704434730 3 days prior to coordinate delivery and
781.50
2 4960 Ft - 5" DB-120 TC6/TC8= 1 LOT LS 9,073.33
# 512050020 $182.93/C
3 200 Ft - 4" DB-120 TC6/TC8= 1 LOT LS 238.78
# 512040020 $119.39/C
2. Oi1U:s4 �—
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9113741 2of3
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
a Sample Piece - 20 Ft DB-120
C3. Oi't.:s1Q1�
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
1 LOT LS
Total
Invoice Address:
0.01
$10,093.62
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Terms and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
T'ax exemption,. By statute the City at Fors Collins is exempt food ionic and local taxes Our Exemption Number is I I. NON WAIVER,
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600058E is registered with the Collector of Failure of the Push ssn to Bodo upon strict performance of the terms and conditions hncot failure or delay to
Inertial Be, com , Braver. Colorado (Rcf: Colorado Revised Stamens 1973, Chapter 39 26. 114 (a). exercise any rights or remedies providN herein or by law, failure to promptly notify the Seller in he event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not rcleue the Seller of
Gods Rejected. GOODS REJECTED due F. failure fa one. spccificambas, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not So deemed a waive of any right of the
damage in mod it tarty M otumd to you for crdlt and are not to be replaced! except upon receipt of wrincn P-mhw no insist upon strn pcAormattce hermfor any of its ripftrs or remedies u to any such goods. regardless
iramtction, fmm the City of Fon Collins_ of %hen shipped, rsacivd or accepted, as to any prior or intramural default hacuder, nor shall any purpond
ual mdifinm.on or rdsnssmon of this purchase order by the Purchaser classic as a w awes of any of the tans
Inspection. GOODS are subject to the City offrom Collins inspection on arrival haeaf.
Final Acceptance. Receipt of the meshandise, a or equipment in responded to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS.
moduc zd payment oa the pan of the City of Fort Collins. However, it is to to,understood thatFINAL Seller and the Purchaser maximize that in actual economic pipeline. overcharges resulting fmm antiand,
ACCEPTANCE is dpoadent upon completion of all applicable required inspection Prmdoness violations are infant bore, by the Purchases. Theretofore, am good cause and as consideration for executing this
purctrac order. the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.QB., City of Fell Collins, o0d Wood St, Fort Callins, CO 90522. unless acquired under fedmal or spite motion laws for such overcharges relating to the particular 'di ar services
otherwise specified on this color. If p mission u given to prepay freight and charge s,pammly, the original faighl purchased or acquired by the Purchaser pursuant to this purcha a order.
bill must accurate, invoice. Additional charges for packing will not be accepted,
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS
Shipment Distance, Where mnafucrudans have distributing pointsin m co perdu of the country, shipment is If the Purchaerdimto the Seller, a correct nonconforming or defective goods by a date be agreeduor by the
expeacd Liam the nearest disribuinn in, to destination, and excess freight will be deducted firm Invoice whim Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to mapply. the Purchaser
shipments are and, from greater distance. - may cause the work to be performed by the tarot expeditions scans available to it and the Seller shall pay all
tars manxisted with such work,
Permits. Seller shall procure at milers sale cost all necessary peoeits, certificates and licenses required by all
applicable lows, regulurione. mcnionce, anta d les of fhc sm., muntci,e iry, tammry sub or political division where
the ,ndk iv pentvnwd, or...... , by d e City
duly pan Catlin,
public autnoriom saving jurisvl.11 is over the work
of sorted. Seller fanner ugmcn la mom d o Ciry Of Pon Cdltio haraaeas wen anti against ns, lianuitr and Ions
incurred by @en, by rtmnn of not sorted .r established violation err anY such laws, regulations, .rdirwmu, tales
nnth n4uirtnunu.
Authorization. All panics to this dontmct agree that the representatives are, in can. bona fide and possess full and
amplede annually fro bind said panics.
LIMITATION OF TERMS. 'Ihis Purchase Order exprossly limits acceptance m the anions aad conditions amend
nemin so, forth and any supplcn¢nmry or additional terms and conditions annexed hereto or Incorporated humid by
reference Any additional or diflirem lasts and conditions pmpoWd by offer arc objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENTimmediately it you armed make complete shipment m arse on your
promised d,li,my date as comes. T toe is of the essence. Delivery aad penbamance most be effemeJ within the time
stated on the purchase order and the dww ns anschd hereto. No acts of the Purchasers including, %about
limitation, acceptance ofpnnial late deliveries. shall operate as a coiner offl, prevision In the evem ofany delay,
the Purchaser shall have, in addition to other legal ad equitable remedies, the option of placing this order elsewhere
ad holding ere Seller liable lot damages. However, the Seller shall not So liable far damages as a result of delays
doe to maces nor occasionally frmsetable which art beyond its reasonable control ad -d om its fault of n ,li,ence.
such ace of Gd, acts of civil or military, authontics, govemmenpil priorities, fifes, mikes, ❑ood, epidemics, wars or
riots pro tam! that notice of the conditions causing such delay is given m The Purchases within Live (5) days of the
time when the Seller first ncelvd knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the laid equal to the time actually lost by recon of dhe delay.
3. WARRANT Y.
The Seiler warrens that all gonads, oxides, materials and work emend by this order will conform with applicable
drawings, specifeatioru, samples and/or other cacnptioc given, will be fit for the purposes imendd, and
pformed with the highest degree of care and competence in accordance with accepted sandards for work of a
mils naum. The Seller agrees to hold he purchaser harmleas fmm any lass, damage or expense which the
Purchaser may suflcr incuror um of raty. the Sellers breach of warnThe Seller shall replace, repair make
good n without cost thepurchaser, any defects or faults arising within one (p year or within such longer Period of
time c may be pmscribd by lax or by he tents of any applicable warranty provided by the Seller slier the Jam of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from impOical
or collective work Jane tar anummB furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty, Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages promanauly caused by the breach ofany ofthe function, anomalies
or guarantees, but such liability shall in no event include loss afps refit, or enOften, NO IMPLIED WARRANTY
OR MERCIIANT ABILI I OR OF IF rNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LECiA1,'1'ITEMS
.
The Purchcer may make change,1. toga] toms by wrincn change one,.
5. CHANGES IN COMMERCIAL TERMS.
The Puohaam may make any eludes to the across, other than legal ¢tars, including additions to or deletions from
the commit- originally oNertd in he plan fientium or drawings, by vestal or women change older. If any such
change a6ecu the amount due or the time ofplomtancc hescuder, an equitable adjuswem shall be made.
6. TERMINATIONS.
The Pashasa may at any time by xrincn change order, terminale this agrecount is to any or all portions of the
goods then nut shipped, subject o nay equitable adjustment heixcen the panics as many work of mmearml, then in
progress provided that the Penchi ,hall not So liable fen any claims for anricipamd ponds on the marempleted
pars of dud'cods-Wor act for incidental
ncidental. onseq.e dial damages and that no such adjcfmcm be made in
favor of fhc Seller with pm dct to any goods which are the Sellers standard stock, No such Implication shall rcliave
the Purchaser or the Seller of of their obligations as to any gods deli —A hcrcundn.
]. CLAIMS FOR ADIUS I'MENT,
Any claim for adjustmenl most be assured within thirty (30) days fmm the date the change or commutation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have Mod Provincial sold, delivered and famished in artier
compliance with all applicable laws and regulations to which the goneB are subject. The Seller shin execute and
deliver .mch daemon.. i, only be required m effect or evidence compliance, All laws and regulation, required to be
newfound in ogre.ment, of this cha racer arc hereby incorp.mmd herein by this reference The Seller agrees to
indemnity and hold the Pumhumr hammless from all casts and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such taw,
9. ASSIGNMENT'.
Neither any shall amigo, indoor, or convey this order, or any monies due or to become due hereunder without the
prior wrincn consent Or he other party,
I O. TITLE.
The Seller warrants full, clear and unrestricted hide to the Purchaser for all equipment, materials, and items furnished
in performance of nis agreement, free and clear of any and all liens, restrictions, nervations, memory interest
encumbrances and claims of others.
'The Sol ter shall release the Purchaser and is contractors of any tier firm all Iiabil ley :nth claims of any nature
vision ing fmm the performance Ofmch work
'this release shall apply even in the avant of fault of negligence of she party micased and shall emend to the
directors, .]]Inc. and employees of mch parry.
The Sellers comemn-I obligations, including waommy. shall not be decoded to be reduced, in any way, because
such work is performed or caused m in pafomd by the Patch.,.
14. PATENTS.
Whenever the Seller is required to use any design, device. material or pri conead[ by limes, paced, trademark
or copyright, the Seller shall indmnify and save harmless the Pudemem from any aad all claims for infrinbrnnn
by common of the use of such patented design, device, material or proves in concertina with he compact, and
shall indemnify the Pumha,er for any cost, expense or damage which it may to obliged no pay by reason of such
infringement at any time during the p recoution or after the completion of ere work, In cam said equipment, or
any pan thereof or the intended use of the goods, is in such suit Sold to constitute infringement and the tau Of
said equipment or pan w injuries, the Seller shall, at Is owes expense and at its omimh either lame ere far the
Purchaser the night to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment. or edify it so it becomes noninGn,in,
IS. INSOLVENCY.
If the Seller shall become insolvent or bankrvpL make an assignment for the benefit of crdimrs, appoint a
receiver or Remove for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser vvidho Viability,
M. GOVERNING LAW.
The definilions of ens used or the interpretation of ere agreement and the rights of all panics hereunder shall to
constricted under and governed by the laws Of the State ofColorado, USA.
'fhc following Additional Codilions apply only in cases where the Seller is top form work hereunder,
including the services of Sellers Repesentativc(sh on the produces of others.
IT. SELLERS RESPONSIBILITY.
T he Seller shall carry. said work at Seller's .On risk until the set is lolly csotplaud mad ... ened, and shall,
in u of any accident. destruction or injury to the work and/or materials before Seller's final completion and
ccepmn... con.plem the work at Seller's own expense and to the satisfaction of enhe Purchase, When nationals
and equipment are famished be .,he. for installation or mcmion by the Seller, the Seller shall receive, unload,
,lard aad handle same at the it, end become responsible therefor as though such materials mod'ar equipment
were being fumishd by the Seller under the order.
I8. INSURANCE,
The Seller shall, at his own experLse, provide for the payment of workers compenvtiun, including occupational
disease benefits, t0 its employees employed on or in connection with the work covered by his purchase order.
and/or to their d peed ay in accordance with the law, of the stam ,at, in which mho work is be done. The Seller
shall slid carry compoheruiv'eneml liability including but not limited to, commnual and automobile public
liability insurance with tidily injury and death hours of at (cast S3t30.000 for any one perwq S500,old far any
conaccidentonand Incipiency, damage limit per accident of S40Qt100, The Seller shall likewise require his
trctor,, if any, to provide for such compensation and ins.mnce. Before any of the S,11m, or his contractors
employees shall Jo any wad upon the promises ofothers, the Seller shall Sari the Purchaser with a cevificam
that such compensation and insurance have ben provided. Such cenificates shall spscity the date when such
omprnsafion ad insurance have then provided. Such cenifiemes shall specify the date when such compno nam
and insurance expires The Seller agrees that such compensation add insurance shall be mainmind until after the
Mire work is completed add accepts.
19, PROTEMON AGAINST ACCIDENTS AND DAMAGES,
The Seller hereby ..t the motile mspon,ibdily aad liability fm any ad all damage, loss or injury ofany kid
at c whatsoever tap c or property tamed by or mulling fmm the execution of the work provided for in
this platinum order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchaser, officer, agents and employees fmm and against any and all claims, losses. damages
charges or exPenees, whether direct ar indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason or any act, action, neglect omission or default on the pan of thc Sell, a, of his
pontrannrs, o any of the Sellers o ontmnors officer, agents a employers. in c any snit o other
rove slings shall an bought against me Pomhaa; or its nRars, agents or employees at any lime
by reason Of any an, action, neglen, omission or default of the Seller of any of his contractors or any of as or
their slice¢, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the tame at the Sellers own expense, to pay any and all cuss, <be,,,, attomcy, it,, and other expenses
any and all judgments that any be incurred by or obtained againn the Purchaser or any of its or their ntlicen,
agents or employees in such suits or other proceedings, and in case judgment other lion so placed upon or
abained againn the property ofthe Purchaser, or said parties 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 otherwise, T he Scllor and
his cootrae o s shall take all safety precautions, farmah and Install all guards necessary for the prevention of
accidents, comply with all laws and regulations wah regard to sat&ry including, but without limitation, the
Occupational Safety and Health Act of 1970 and all tales and regulations ismed pursuanttheme,
Revised 0312010