HomeMy WebLinkAbout474444 ROCKY MOUNTAIN COLBY PIPE - PURCHASE ORDER - 9123724PURCHASE ORDER PO Number Page
City Of///��� 9123724 ' of 2
`t Collins This number must appear
on all invoices, packing
slips and labels.
Date: 06128/2012
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
6541-1127 28500 FT
4" x 20' Cellular Core Conduit
65411127
YARD
CONDUIT, PVC CELLULAR CORE, 4" X 20' OVERALL LENGTH,
DB-120, 4.0" MIN. DEPTH BELLED END, .154" WALL THICKNESS,
SPIGOT ENDS CHAMFERED
ROCKY MOUNTAIN COLBY PIPE, 504020-D
Delivery: 1 week
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
9878 28,152.30
Total $28,152.30
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-N502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered Wilh the Collector of
Intcmal Revenue, Dcnvcr, Colorado (Ref. Colorado Revised Sonew,, 1973. Chapter 39-26. 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, 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 writer
instructions from the City of Fair Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the tcmms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by lam, failure to promptly notifv the Scllcr in the event of,
breach. the acceptance ofnr payment for goods hereunder or approval of the design, shall not release The Seller of
any of the mammies or, obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereofor any ofits rights err remedies as to any such goods, regardless
of when shipped, received of accepted, as to any prior or subsequent default hermmder, nor shall any purported
oral modificotio u or mscision of this purchase order be the Purchaser operate as a waiver of any of the Icons
horcof.
Final Acceptance. Receipt of the merchandise, services or equipment in respense to this under can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Four Collins. "mower. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. 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 hart or hereafter
Freight Terms. Shipments must he F.O.P., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitmst Imes for such overcharges rdoting to the particular goods err services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased err 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 pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the
expected from the nearest distribution point to destination, and execs freight will be deducted from Invoice when Pnmhacr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made front greater distance. may cause the work to be performed by the most expeditinus means available to it, and the Seller shall pay all
costs associmcd sx'ith such work.
Pemuits. Seiler shall procure at sellers sole cost all necessary permits, certificates and licenses required by nil
applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political sulxlivismic 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 Fort Collins hamles from and against all liability and loss
incurred by men, by reason of an ascrtcd or established violation of any such laws. regulations, ordinances. rules
and mquircmcnts.
Amhonwion. All parties to this contract agree that the representatives are. in fact, bona fide and possess 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 tans and conditions annexed hat 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 moire on your
promised delivery date as noted. Time is of the csacnce. Delivery and perfnmancc 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 ofpaniol late deliveries, shall opcmtc as a waiver of this provision. In the event of env delay.
the Purchaser shall have, in addition to other legal and equitable mmedies, the option ofpmcing this order clttxvherc
and holding :be Seller liable for damages. HOW VCT. the Seiler 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 it fault of negligence,
such acts of God, acts nfci.il or military authorities, governmental priorities, fires, strikes. flail, epidemics, wars or
riots provided that notice of the conditions ceasing such delay is given to the Purchaser within five (5) dots ofthe
time when the Seller frost 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 ofthe delay.
3. WARRANTY.
The Seller warrants that all guests. nrticics, materials and work covered by this order will conform with applicable
drawings. specifications, samplcs and/or other descriptions given, will he fit for the p imPoscs intended, and
pafrmed mitt the highest degree of care and competence in accordance with accepted standards for wurk of a
.similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser nine suffer or incur on account of the Sellers breach of srammy. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (H year or within such longer period of
time as may be prescribed by law or by the terms nfany applicable warranty provided by the Seller nOcr the date of
acceptance of the goods 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 goods by the Parchazcr shall not
constitute a waiver nfany claim under this wamnty. Except as otherwise pmvided in this purchase order, the Sellers
liability heramder shall extend to all damages proximately caused by the breach of any of the foregoing wnrmunic�
or guarantees, but such liability .shall in no event include loss nfpmfits or loss of use NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES 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 terms, other than legal terms, including additions to or deletions front
the miantities originally ordered in the specifications or drawings. by verbal or written change order. If any such
change at7eck the amount due or the time of perfomancc hereunder, an equitable adjustment shall he made.
fi. TERMINATIONS.
The Purchaser may at any time by writer, change order, terminate this agreement as to any or all portions of The
goods then not shipped, subject to any equitable adjustment berveca the panics as to any work or rmmerials then in
lingoes; provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods anther work, for incidental or consequential damages, and that no such adjustment be made in
favor f the Scllcr with respect to any goods which arc the Sellers standard stock. No such crmination shall relieve
the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most he asscned within thirty (30) days from the date he change or lermination is
ordered.
R. COMPLIANCE WITH LAW,
The Seller wamnts 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 execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorpommd in agreements of this character arc herchy incorporated hcrcin by this reference. The Seller agrees to
indemnify and hold the Purchaser hmmlesv from all costs and damages suffered by the Purchaser as a result of Ile
Sellers failure to comply with such law.
9. ASSIGNMENT,
Neither pany 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 Seller varants fall, clear and unrestricted title m the Purchaser for If equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest
encumbrances and claims nfothcrs.
The Seller shall release the Purchaser and its contractors of any tier front all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
dimetors, ulfars and employees ofsuch party.
The Sellcr's contractual obligations. including wamnry, 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 design, deice, material or process covered by Jena, 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 process, in connection with the contract, and
shill 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 after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of
mid equipment or pan 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 of parts, replace the more with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If Ibe Seller shall become insolvent or banknupt make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business. this order may fonhxvith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights ofall parties hereunder shall he
consumed under and governed by the laws ofthe State of Colorado, USA,
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises nfothcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's o wn risk until the same is fully completed and accepted, and shall,
in case of any accident. dstnmtion or injury to the work andierr materials before Seller's final completion and
nccepance, complete the work at Seller's own expense and to the satisfaenso ofthe Purchaser. When materials
nail equipment are furnished by others for installation or erection by the Seller. the Seller shill receive, unload.
store and handle same at the site and become responsible therefor as though such materials andlor equipment
were being furnished by the Seller under the order.
19. INSURANCE
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease bcncfts, 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 tarty comprehensive gencml liability including, but not limited to. contractual and automobile public
liability insurance with bodily injury and death limits of at Icnat S300,0 m for any one per,nn. S<ml,fxlo for any
one accident and property damage limit per accident of S400.000. The Seiler shall likewise require his
contractors, if any, to provide for such compensation and insurance. 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 insurancc have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall speeifv the date when such compensation
and insurance expires. The Scllcr agrees that such compensation and innxanec shall be maintained until aRcr the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Scllcr hereby assumes the entire responsibility and liability for any and all damage. loss or infinity nfany, kind
err anuuc oloc aotcver to persons or properry caused by or resulting from the exccatinn ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers nfree,, agents and employees Incur and against any and all claims. losses, damages,
charges or expenses, whether direct or indirect and whether to persons or pmperty to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his
contmelors, or any of the Sellers or contactors ofTecm, agents or employees. In case any soil or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any limit 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
Ihcir officers, agents or employees as aforesaid, the Seiler hereby agrees In assume the defense thereof and to
defend the mate m the Sellers own expense, to pay any and all crisis, charges, attorneys fees and other expenses,
any and all judgments that may be ineumed by or obtained against the Purchaser or any of its or their officers.
agents or employees in such suits or other pmecedings. and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchaser. or said panics in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond it, otherwise. The Seller and
his contrnctim shall take all safety precautions, famish and install all guards necessary for the prevention of
,accidents. comply with all lams and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuanl dumm.
Revised 03/2010