HomeMy WebLinkAbout474444 ROCKY MOUNTAIN COLBY PIPE - PURCHASE ORDER - 9123677City of
�,.F.�or_t Collins
Date: 06/25/2012
PURCHASE ORDER
Vendor: 474444
ROCKY MOUNTAIN COLBY PIPE
c/o ASPEN UTILITY SALES
150 S MAIN ST
BRIGHTON Colorado 80601
PO Number Page
9123677 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: 06/25/2012 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 6543-1144 33000
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 - 7-10 days.
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
1.5740
Total
Invoice Address:
51,942.00
$51,942.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Tcrrns and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes, Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of
I mental Revenue Denver, Colando (Ref Colorado Revised Sconces, 1973. Chapter 39- 26, 114 (a).
Gods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instruction from the City of Fart Collins.
Inspection. GOODS am subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict perfomnnce of the tans and conditions hereof. failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofmr payment for goods hereunder or approval ofthe design, shall not release the Seller of
any critic warranties or obligations of this purchase order and shall not be deemed a waiver crime right ofthe
purchaser to insist upon strict performance hersofor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted. as to any prior or subsequent default hernmder, nor shall any purported
mall modification or reseissiau of this parehasc order by the Purchaser apcene as a waiver of any of the terms
hereof.
Final Acceptance. Receipt of the narchandisc, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
nuthorizcd payment on the pan of the City of fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne 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 Terms. Shipments must be F.O.B., City of Fort Collins. 701) Wood St, Fun Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the panicular gmds or services
otherwise specified on this order. If peanission is given to prepay (might and charge separately, the original freight purchased or acquired by the Purchaser pursuant 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 manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Scllcr to correct nonconfoming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller themaner indicates its inability or unwill ingncss to 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
costs ussceimed with such work.
Permits. Seller shall presence at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and mles of the state, municipality, military or political subdivision where
the work is perfumed, or required by any other duty constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins harmless farm and against all liability and loss
incurred by them by meson of an asserted or established r40liti al of any such laws, regulations, ordinances, rules
and requirements,
Authorization. All patties to this contract agree that the representatives are, in fact. bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated
herein set forth 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 if you cannot make complete shipment to arrive no your
promised delivery date as noted. Time is ofdav 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 ofpartial late deliveries, shall operate as a waiver of this prevision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplacing this 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 causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcicil or military authontics. governmental prientics, fires, strikes, hood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Pumhascr within five (5) days of do
time when the Seller first received knowledge thereof. In the event of any mch delay, the date of delivery shall be
extended for the period equal to the time actually lost by mason of the delay.
3. WARRANTY.
The Seller warrants 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
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, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make
good. without cast to the purchaser. any defect or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms orally applicable warranty provided by the Scllcr Anm the date of
acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goals by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs
liability hereunder shall extend to all damages proximately caused by the branch of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofpmfits or Ions cruse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the qmn um, originally ordered in the specifiemians or drawings, by verbal or written change order. If any such
change affects the amour due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
good then not .chipped, 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 profits on the uncompleted
portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which arc the Sellers standard stock. No such tcmtination shall relieve
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or temminntion is
ordered.
9. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall cxccutc and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character am hereby incorporated herein by this reference The Seller agrees In
indemnify and hold the Pumhascr harmless from all costs and damages suffered 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 assume due hereunder without the
prior w+incu consent of the other parry.
10. TITLE.
The Scllcr wamnty full, clear and unmsnicted title to the Purchaser for all equipment. materials, and items famished
in performance of this agreement, five and clear of any and all liens, restrictions, reservations, sceurity, inmrcsr
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance ofsach work.
This release shall apply even in the event of fault of negligence of the party released and shall extend In the
directors, officers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to he 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 use any dcsign, device, material or process covered by letter, patent, trademark
or copyright, the Scllcr shall indemnify and save haradess the Purchaser from any and all claims for infringement
by reason of the use of such patented dcsign, 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 mason ofamh
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan themof or the intended use of the goods, is in such mit 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 procure for the
Purchaser the right in continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment. or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this oMcr may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of term used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be
construed under and governed by the laws of the State of Colorado. USA.
The following Additional Conditions apply only in eases where the Seller is to perfnrm work hereunder.
including the services of Sellers Reirmsentalive(s), on the premises Mothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on slid work at Scllces own risk until the saute is fully completed and accepted, and shall,
in case of any accident. destruction or injury to the work and/or materials before Scllcrs final completion and
acceptance, complete the work at Seller's own cxpeac and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for installation or cration by the Seller. the Seller .shall receive, unload.
store and handle same at the site and become responsible thcmfor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense Pmvidc for the payment of workers compensation. including occupational
disease bcncilts, 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 Imes 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 ofar Icast S300.000 far any one person. S500.000 far nay
one accident and property damage limit per accident of S400.000. The Seller shall likewise mgnire his
contractors, if any, In provide for such compensation and commutes. Before any of the Sellers or his contractors
employees shall do any .work upon the premises ofolhers, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compenv tine
and insurance expires The Seller agrees that such compensation and insurance shall be mvintnined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller himbv assumcs the entire responsibility and liability for any and all damage, loss or injury ofany kind
no nature whanacver to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection hereo th. The Seller will indemnify and hold hamiless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages.
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. omission or default on the pan of the Seller, any of his
contractors. or any of the Sellers or contractors officers, agents or employees In case any suit or other
proceedings shall be brought against the Purchaser. or its effects, 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 offccm, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Scllcrs own expense, to pay any and all costs, charges, anomeys fees and other cxpcmcs.
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 case judgment or other lien be placed upon or
obtained against the property of the Pumhascr, or said parties in or as a result of such suits or other proceedings.
the Seller will n1 once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all sallcty precautions, famish and install all guards necessary for the prevention of
,accidents, comply with all laws and reguations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and nll mles and mgulntions issued pnrsnant thcrcm.
Revised 03/2010