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HomeMy WebLinkAbout474444 ROCKY MOUNTAIN COLBY PIPE - PURCHASE ORDER - 9117110City of art Collins Date: 11/30/2011 PURCHASE ORDER Vendor: 474444 ROCKY MOUNTAIN COLBY PIPE c/o ASPEN UTILITY SALES 150 S MAIN ST BRIGHTON Colorado 80601 PO Number Page 9117110 1of2 This number must appear on all invoices, packing slips and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 11/30/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6543-1144 31020 FT 5" x 20" Cellular Core PVC 65431144 YARD CONDUIT, PVC CELLULAR CORE, 5" X 20' OVERALL LENGTH, DB-120, 5.0" MIN. DEPTH BELLED END, .126" WALL THICKNESS, SPIGOT ENDS CHAMFERED ROCKY MOUNTAIN COLBY PIPE, 505020-D; Delivery: Stock - 10 days Price and delivery per quote - Cathee s�- City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 1.5400 47,770.80 Total $47,770.80 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. COMMERCIALDETAILS. Tax exemptions. By statute the Ciy of Fort Collins is exempt from sole and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 54-60(R)587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tents and 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 hercin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to rued specification, 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 am not to be replaced except upon receipt of w'rimen purchaser to insist upon strict performance hereofor any of its rights or remedies as to am such goods, regardless instruction from the City of Fort Collins. of when shipped, received or accepted. as to 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 terms Inspection. GOODS arc subinct to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respoase to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonzed payment on the pan of the Cityof Tom Collins. However, it is to be v almsm tad that FINAL Seller and the Purchascr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE iv dependent upon completion ofall applicable required inspection pmccdurcs, violations arc in fact home by the Purchaser. Theretofore, for good 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 hereafter Freight Terns. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins. CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the panicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchascr pursuant to this purchase order. bill must accompany invoice. Additional charges fur packing will not be acecptcd. 13. PURCHASERS PERFORMANCEOF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distribution points in various parts of the country, shipment is If the Purchascr dirccts the Scllcr to correct nonconforming or defective goods by a date lobe agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Scllcr thereafter indicates its inability m unwillingness to comply, the Purchascr shipments arc made front greater distance. may cause the work to be perfnrmed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political suIn ivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fimher agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of no asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and prwecss full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dilTcrevt terms and condition pmposed by seller arc objected m 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 time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay. the Purchascr shall have, in addition to other legal and equitable remedies. the option ofpincing this older elsewhere and holding the Seller liable for 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 reasonable control and without its fault of negligence, such acts of Gnd, acts of civil or military authorities, govcormental priorities, fires, strikes. Bond, epidemics, wars or riots provided that notice of the conditions caning .such delay is given to the Purchaser within five (5) days of the time when the Seller Clout received knowledge thereof. In the event of any inch delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY, The Seiler warrants that all goods, mucles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, formula, or expense which the Purchascr may suffer or incur on account of the Scllcrs breach of w'armnty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects at faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done err nmtcmdi famished by the Seller. Acceptance or use of goods by the Purchamr shall not constitute a waiver of any claim under this wananty. Except as othewise provided in Ih is purchase order, the Sellers liability hereunder shall extend to all damages proximately wood by the breach of any of the foregoing is'am, nties or guamntns, but such liability shall in no event include loss ofpmfits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhaser may make any changes to the terms, other than legal terms, including addition to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time o'performance hereunder, as equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terninam this agreement as to any or all Conlon of the goods then not shipped, subject to any equitable adjustment betssxen the panics as to any Work or minerals 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 odustment be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such nomination shall relieve the Pumhaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is oldetcd. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced. mid, delivered and furnished in strict compliance with all applicable laws and regulations to which the goads arc subject The Seller shall execute and deliver mch documents as may be required to effect or evidence compliance. All laws and regulations required to be incogmmed in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr harmless from all costs and damages sulTcied by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Scllcr warrants full, clear cad unrestricted title to the Purchascr for all equ ipmcnt materials, and items furnished in perfomance of this egrccmcnt. free and clear of any and all liens, restrictions. reservation, security interest encumbrances and claims of others. The Seller shall release the Purchascr and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This relca<c shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oMet. and employees ofsuch party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way. because such work is performed or caused to be perfnmmcd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter. patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or pmccss in connection with the contract, and shall indemnify the Pumhaser for any cast expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or a0cr the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement 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 Pumhaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLV ENCY. If the Seller shall become insolvent or bankrupt. make on assignment for the benefit of creditors, appoint n receiver or tnrstec for any of the Sel lent property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the ngreement and the rights ofall panics Immander.shall be construed under and governed by'the laws of the State of Caloradn, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Repo scnotive(x), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the m me is fully completed and acecptcd, and shall, in case of any accident, destruction or injury to the work and/or materials before Scllels final completion and acceptance, complete the work at Scllcr's own expense and to the satisfaction of the Pumha er. W'hco materials and equipment arc famished 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 and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own cxpcnse, provide for the payment of workers compensation, including oexuleatimed disease benefits. to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of nt least S300,000 for any one person. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and ireumnee. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers. the Seller shall furnish the Purchascr with a certificate that such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance have been pmvided. Such cenificmes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthc work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers oRccrs, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchascr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any' of the Sellers or contractors oRecm. agents or employees. In case any suit or other proceedings shall be brought against the Purchascr, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Seller hereby ngrees to assume the defense thereof and to defend the same at the Scllcrs own cxpcnse, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgements that may be incurred by or obtained against the Purchaser or any of its or their otGeers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, 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 otherwise. The Seller and his camunwo rs shall take all safety precautions, famish and install all guards necessary for the ptevcntlon of accidents. comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 032010