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HomeMy WebLinkAbout474444 ROCKY MOUNTAIN COLBY PIPE - PURCHASE ORDER - 9123723PURCHASE ORDER PO Number Page City Of9123723 1 of s `t CThis number must appear] CollinsJ on all invoices, packing slips and labels. Date: 06/28/2012 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: 06/28/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 6535-1085 (Req.#42217) 44800 2"X20' Cellular Core Conduit 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; Delivery: 1 week Per quotation C3. O%Q�F- City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James S. 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 .2512 Total Invoice Address: 11,253.76 $11,253.76 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 9R-04502. Federal Excise Tam Exemption Ccnificive of Registry 94-60M587 is registered with the Collector of Intcmal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (n). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due in defecrx of damage in transit, may he rcmmcd to you for credit and arc not to be replaced except upon receipt of written instructions fmm the City Of Fort Collins. Inspection. GOODS arc subject to the City effort Collins inspection on a 11. NONWAIVER. Fnihim of the Purchnser, to insist upon strict perfemence of the minus 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 hrcach, the ncccptince of or payment for ponds hcretmder or approval of the design. .shalI not release the Seller of any of the warranties or obligations of this purchase order and shnll not be deemed a waiver of nny right ofthe purchaser to insist upon strict perfomanec hereof or any of its rights or remedies as to any such goods, memdless of olien shipped, received or accepted. is to any prim or subsequent default hereunder, nor shall any purported Onl modifientinn or emission of this purchase order by the Purchaser operate as a waiver of any of the teats hereof. Final Acceptance. Receipt of the mcmhandisc, 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 Fen Collins. However, it is to be undmnned that FINAL Seller and the Purchnser rcmgnizc that in actual economic prdcticc overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofAl applicable required inspection pmeedums. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase onler, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter s Freight TermShipments most be F.O.B., City of Fort Collins, 700 Wood St.. Fen Collins, CO 80522. unless acquired under federal or state Preitmst Imes for such overcharges relating to the pnnicular goods or services otherwise specified on this order. If permission is given to portray freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice Additional charges for packing will nor be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser direct the Seller to correct noncrnfnening or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller ind the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made From greater distance. may cruise the work to be perfumed by the most expeditious means available to it. and the Seller shall pay all cost associated with such work. Permits. Seller shall procure at sellers sole cost all necesmy permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subulk ision where the work is performed. Or required by any other duly constituted public authority having jurisdiction Over the work of vendor. Seller further agrees to hold the City of Fen Collins hamdes from and against all liability and log incurred by them by reason of an asserted or established violation of any such laws, regulations. Ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fat. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchace Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional temw and conditions annexed herein or incorporated httcin by reference Any additional or difTcrcmt tams and conditions purposed by seller am objected to and hereby rejected. 2. DELIVERS'. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe csstece. 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 ofpanial Ire deliveries, shall operate as a univer of this prevision. In the event ofnny, delay. the Purchaser shall have, in addition to other legal and equitable remedies the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which arc beyond it rcssowblc control and without its fault ofnegligcnce, such acts of God. acts ofcivil or military authorities governmental priorities, fums, strikes, Hood, epidemic, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time w'hte the Scllcr list 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 lost by reason of the delay. 3. WARRANTY. The Seller wumants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees m hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcr, breach of wamnry. The Seller shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year nr within such hanger perind of time as may be picseribed by law or by the tcaw ofnny applicable wamnry provided by the Scllcr after the date of acceptance ofthe gads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a waiver ofnny claim under this wamnry. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the bench of any of the foregoing am. Ones or guamntces. but such liability shall in no event include loss ofpmfits or lass 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 terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal terms, including additions to or deletions from the 9monnies originally ordered m he specifications or drawings, by verbd or written change order. If any such change affects the amount due or the time ofperfomance 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 goods then not shipped, subject to any equitable adjustment ben cen 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 gads and/or work, for incidental or consequential damages, and that no such ndjnsrncar be made in farm of the Seller with rc,pcct to nny good which arc the Sellers standard stock. NO such mouinnion shall relieve the Purchaser 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 front the date the change or terminntien is ordered. S. 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 mgnilations to which the goods arc subject. The Seller shall execute and deliver such documents.as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreement of this character are hereby incorporated httcin by this rekrenec. The Scllcr Agrees to indemnify and hold the Purchaser hamlet fmm all costs and damages suffered by the Purchnser as a result of the Sellers failure to comply with such Inc. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment materials and items Famished in perfermance of this agreement, free and clear of any and all liens, restrictions. mserwntions, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of anv tier From all liability and claims of any nature resulting from the performance ofsuch work, This rele.c shall apply even in the event of fault of negligence of the pan rchased and shall exited to the directer, officers and employees ofsuch parry. The Scllcr, contractual obligations, including ,wamnry, shall not be demoted to be 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 design, device. material or process covered by letter, patent. trademark Or copyright, the Seller shall indemnify and save hmmlcss the Purchaser four any and all claims for infringement by reason of the use of such patented design. deice, 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 a0cr the completion Witter work. In ease said equipment. or any parr, 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 Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it se it becomes noninfrfnging. 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 pmperty ar business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpremrion ofncc agreement and the rights ofall panics hemmder shall be consumed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply Only in cases where the Seller is to perform work horcunder. including the service. of Scllcr, Repmsentntive(s), on the premises oforhers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in ease 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 expert c and to the satisfaction ofthe Purchaser. R'hcn materials and equipment are furnished by others for installation or crmion by the Seller. the Seller shall receive, unload. store and handle same it the ,its and become mspeosiblc theme, w though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense pmvidc for the payment of workers compensation. including occupational disease benefits, to it employees employed on or in connection with the work covered by this purchase order, undlor to their dependent in accordance with the laws of the .pate in which the work is to he done. The Seller shall nlso carry comprehensive general liability including, but not limited to, contractual and automobile public liability insuranm .with bodily injury and death limits dot least S300.001) for any one person. S500.000 for any one accident and pmperty damage limit per accident of S4000)(1. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his connaaurs employee shall do any work upon the promises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such ccnificmes ,hall specify the date when such compemalion and insurance have been pmvidcd. Such ccnificmes shall specify the date when such ennmeasmine and insurance expires The Scllcr igrccs that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROI'ECI'ION AGAINST ACCIDENT'S AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for nny and all damage, loss or injury ofany kind or nintre wlmrsoc cr to persons or properly caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any Or all Of the Purchasers of iccts. ngcnts and employees fmm and against any and ill claims, losses. damages, charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser mzv he put or subject by reason of any act. action, neglect, omission or default on the part of the Seller, any of his contractors. Or any Of the Sellers or contractors officers, agents or employees In case any suit or other pmcccdings shall be brought against the Purchnser, or its of ices. agents or employees many time on account or by reason of any net action, neglect, omission or defnult of the Seller Of any of his contractors or any of its or their Offices, agents or employees us aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the smug At the Sellers own expense, to pay any and all costs, chirgcs inumcys fees and other expenses, any and all judgment, that may he incurred by or ohtnined against the Purchaser or any of its or their officers, .agents or employees in such ,nits or other proceedings. and in case judgment or Other lien be placed upon or ohtnined against the pmpeny of the Purchaser, Or said parties in or wit result ofsuch suits Or Other proceedings. the Seller will m once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and hi, contractors shall take all .safety precautions, famish and install all guards necessary for the prevention of accident, comply with all law, and regulations wish regard to safety including, but without limitation, the Occupational Snfcry and I Icolth Act Of 1970 and ill rules and regulations issued ptusuanr thereto. Revised (0/2010