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HomeMy WebLinkAboutBID - 5995 LP CONDUIT PVC 2IN, 4IN, 5IN (3)City of Fort Collins Bid Proposal BID 5995 LP Conduit PVC (2Y19 4", 5") BID DATE: 2:00 P.M. (Our clock) AUGUST 30, 2006 Rev. Sym. H TABLE OF CONTENTS PREVIOUS REVISION DESCRIPTIONS ON FILE............................................................................................................2 TABLEOF CONTENTS..........................................................................................................................................................3 1 SCOPE.....................................................................................................................................................................................4 2 APPLICABLE DOCUMENTS 3 REQUIREMENTS.................................................................................................................................................................4 3.1 GENERAL REQUIREMENTS FOR DESIGN.................................................................................................................4 3.2 SPECIFIC REQUIREMENTS FOR DESIGN...................................................................................................................5 4 QUALITY ASSURANCE......................................................................................................................................................6 4.1 RESPONSIBILITY FOR INSPECTION...........................................................................................................................6 4.2 REQUIREMENTS AND TEST METHODS.....................................................................................................................6 5 PREPARATION FOR DELIVERY.....................................................................................................................................7 APPENDIXA............................................................................................................................................................................8 3 366-200 SPECIFICATION FOR PLASTIC CONDUIT SPEC. #366-200 1 SCOPE Rev. Sym. H This Specification establishes the minimum requirements for 2", 4", and 5' plastic conduit to be used with electric power conductors and cables for above -ground use indoors or outdoors exposed to weather and sunlight at 5,000 feet altitude, and for underground use by direct burial or encasement in concrete. 2 APPLICABLE DOCUMENTS This Specification is in accordance with the requirements of ASTM F512, titled "Standard Specification for Smoothwall Polyvinyl Chloride (PVC) Conduit and Fittings for Underground Installation", with exceptions as noted in the following paragraphs. 3 REQUIREMENTS 3.1 GENERAL REQUIREMENTS FOR DESIGN All conduit furnished under this Specification shall, unless otherwise specified, comply with ASTM F512. In case of conflict, the requirements of the following documents shall apply in the priority shown: This Specification. ASTM F512. Other referenced standards. 3.1.1 MATERIAL Conduit furnished under this Specification shall be made of virgin polyvinyl -chloride (PVC) compound conforming to ASTM D1784 with the minimum cell classification shown in Table I of this Specification. Chemical resistance shall be in accordance with ASTM D1784, suffix A or B. TABLE I Minimum ASTM ASTM D1784 ASTM D1784 Cell Designation Property and Unit Value Test Classification Cell Order No. Method Limit No. 1 Base resin homopolymer Poly vinyl NA 1 chloride Impact strength (Izod)min ft- 2 lb/in. of notch 0.65 D256 2 Tensile strength, min psi 3 5,000 D638 2 Modulus of elasticity in 4 tension, min psi 500,000 D638 >6 Deflection Tempera-ture 158 D648 4 5 under load, min 264 psi deg. F Flexural strength min psi - 13,000 D790 - 4 366-200 Rev. Sym. H 3.1.2 COMPOUND Virgin compound is defined as compound, which has not previously been used to make another product. Reworked material is defined as clean reground or re -pelletized materials generated from a manufacturer's own conduit extrusion, and used by the same manufacturer who generates it. Clean is considered to exclude anything foreign to the specific compound designated by the manufacturer for use under this Specification. Rework material may be used provided that the conduit or fittings produced meet all of the requirements of this Specification. 3.1.3 CONDUIT TYPE Conduit type shall be as specified in Specific Requirements for Design. 3.1.4 WORKMANSHIP The conduit shall be homogeneous throughout and free from visible cracks, holes, foreign inclusions, or other injurious defects. The conduit bore shall be smooth and free from blisters, nicks or other imperfections which could mar conductors or cables. 3.1.5 SUNLIGHT RESISTANCE/COLOR The conduit shall contain titanium dioxide pigment to produce a white color with a reflective factor of greater than eighty percent to allow outdoor storage and/or installation at 5,000 feet altitude for an indefinite period without deterioration. 3.1.6 LENGTH Conduit shall be in lengths of twenty feet overall including integral bell. Tolerance of length shall be i one inch (t 25 mm). 3.2 SPECIFIC REQUIREMENTS FOR DESIGN 3.2.1 CONDUIT DIMENSIONS AND TOLERANCES Dimensions, tolerances and pipe stiffness shall be in accordance with Table II of this Specification. Wall thicknesses shown in Table II are based on a minimum modulus of 500,000 psi. TABLE II Serial Number Nominal Size in. ASTM T e Wall Thickness Min. In. Average Outside Dia. Inches Out -of -Round 366-200-02 2 DB 120 0.077 2.375 t .006 0.038 366-200-04 14 DB 120 10.154 4.497 t .006 0.082 366-200-05 15 EB 35 10.126 5.563 t .010 0.082 Shaded items deviate from ASTM F512 5 366-200 Rev. Sym. H 3.2.2 BELLED ENDS Each length of conduit shall have an integral belled end. Glued couplings are specifically prohibited. Belled end dimensions shall be based on the clearance fit system defined in Table 2 of ASTM F512 except socket depth and out -of -round requirements shall be in accordance with Table III of this Specification. Belled ends shall be centered on the longitudinal axis to provide a visible shoulder around the entire circumference of the conduit. Both ends of each length of the conduit shall be perpendicular to the longitudinal axis of the conduit, i.e., both ends shall be square cut. TABLE III Nominal Size Inches Socket Entrance Inside Dia. Inches Socket Bottom Inside Dia. Inches Socket Depth Inches Min. Max. Out -of -Round Tolerance Inches 2 2.400 t 0.006 2.381 t 0.006 2.250 — 4.500 0.038 4 4.544 t 0.009 4.509 t 0.009 4150 — 5.000 0.082 5 5.614 t 0.010 5.573 t 0.010 5.250 — 5500 0.082 'Shaded items deviate from ASTM F512 4 QUALITY ASSURANCE 4.1 RESPONSIBILITY FOR INSPECTION Unless otherwise specified, the vendor is responsible for the performance of all tests and inspection requirements specified herein. Except as otherwise specified, the vendor may utilize his own facilities or any commercial laboratory acceptable to the City of Fort Collins. The City reserves the right to perform or witness any of the tests and inspections set forth in this Specification, where such inspections are deemed necessary. If the City, upon receipt of the conduit, deems it necessary to have an independent laboratory perform tests and inspections set forth in this Specification, the manufacturer shall be responsible for all fees incurred in testing if any requirement of the specifications is not met and/or test results for that lot or shipment are not consistent with the manufacturer's certified test results. 4.2 REQUIREMENTS AND TEST METHODS 4.2.1 COMPOUND TESTS All the tests required by ASTM D1784, except the chemical resistance test, shall be made on a compound sample from each new lot or batch. The average value for all the tests made on each batch or lot shall comply with the requirements of paragraph 3.1.1 of this Specification and shall be reported in the certified test report. The chemical resistance test shall be performed annually or when compound suppliers are changed and test results shall be included in the certified test report. 4.2.2 SUNLIGHT RESISTANCE TESTS Evidence that the compound being used has been qualified in accordance with all tests required by Paragraph 17 of UL 651 shall be included in the certified test report. 4.2.3 PERFORMANCE TESTS Conduit furnished under this Specification shall pass all tests required by and performed in accordance with ASTM F512 except 2-inch conduit shall have a minimum impact resistance of 40-foot-pounds at 32°F (0°C). 6 366-200 Rev. Sym. H 4.2.4 EXTRUSION QUALITY TEST The extrusion quality shall be determined by immersion in anhydrous acetone in accordance with ASTM D2152. Finished duct shall not flake or disintegrate when subjected to this test. 4.2.5 CERTIFICATION The manufacturer shall furnish to the purchaser certified copies of the results of the tests on each lot or shipment and size of conduit ordered, prior to payment. The certified test report shall state the lot or control number and manufacturer of compound used and shall give specific test values for compound tests, stiffness test, and tests having other than a simple Pass/Fail result. Any conduit tested by the City that does not yield results consistent with the certified test reports for that lot or shipment will be sufficient reason for rejection of the entire lot or shipment. City of Fort Collins purchase order number shall be noted on the first page of each report. Copies shall be sent to the Design section of Fort Collins Light & Power. Unsigned copies are not acceptable even if accompanied by a signed cover letter. 5 PREPARATION FOR DELIVERY Conduit shall be bundled by individual size into units suitable for shipping and stacked storage To protect the bells from deformation caused by pressure from adjacent conduits, each bundle shall be assembled such that bells are all at the same end of the bundle with the bell ends of alternating layers recessed at least the full length of the bells in adjacent layers. The bundles shall be secured using two steel bands with 2" x 4" minimum wooden boards under the bands, sets of bands and boards to be spaced appropriately along the length of the bundle forming adequate crate frames to provide the vertical stacking, frame to frame, to minimize stacked storage deformation with the stack height up to ten feet. Direct contact between the steel bands and the conduit anywhere on the perimeter of the bundle is expressly prohibited. Bundles shall be shipped on an open bed truck. 7 366-200 Rev. Sym. H APPENDIX A Conduit purchased under this Specification shall be of the manufacturers shown below. Manufacturers not listed below may submit written proposals demonstrating compliance with these Specifications for consideration of addition to the accepted manufacturers list prior to the next request for bids. In addition to inclusion on the list below, manufacturer's conduit must also satisfy all requirements of this Specification to be acceptable. Approved Manufacturers Heritage Plastics, Inc. Attention: Bill Raffaele 1002 Hunt Street Picayune, MS 39466 USA Tel: 800.245.4623 Fax: 601.798.1946 The manufacturers in the following list have been conditionally approved and may bid as an alternate. The definition and intent of "Conditional Approval" of a manufacturer is to allow the Utilities to gain some experience with the manufacturer's product. Should a conditionally approved manufacturer be the evaluated low bidder, Utilities reserves the right to award all, part, or none of the order to them, dependant upon the current needs of the Utility for that item or items. Conditionally Approved Manufacturers Northern Pipe Product Inc. 1302 39th ST NW Fargo, ND, 58102-2808 Phone: 701 282-7655 Watts: 800 747-7655 Main Fax: 701 282-2887 Sales Fax: 701 282-5065 www.northernpipe.com 8 366-200 CITY OF FORT COLLINS INVITATION TO BID BID #5995 Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 2:00p.m. (Our Clock), August 30, 2006. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who 09/12/01 has or is seeking to do business with the City of Fort Collins is prohibited Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O'Neill II, CPPO, FNIGP DirkC,*r of Purchasing and Risk Management 09/12/01 FIRM NAM CITY OF FORT COLLINS BID PROPOSAL BID NO. 5995 BID DATE: 2:00 p.m. (Our clock) August 30, 2006 WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR LP Conduit PVC (2", 4", 5") PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS. QUANTITY: DESCRIPTION: 195,840 FT Yard Conduit, PVC, 2" X 20' overall length, 2.25" Min. Depth belled end .077" wall thickness per spec 366-200, Serial 02, REV H. $ Ft. Total Mfr. Mfr. # Delivery in Weeks: The items being bid meet or exceed the attached specifications. Yes No . If not, please list exceptions (specifying paragraph reference number) on a separate sheet of paper and attach to your bid documents. Additional Pricing for anticipated (not guaranteed) order-2006/2007 54,000 FT Yard Conduit, PVC, 4" X 20' overall length, 4.0" Min. Depth belled end .154 wall thickness per spec 366-200, Serial 04, REV H. $ Ft. Total Mfr. Mfr. # Delivery in Weeks: The items being bid meet or exceed the attached specifications. Yes No . If not, please list exceptions (specifying paragraph reference number) on a separate sheet of paper and attach to your bid documents. 54,000 FT Yard Conduit, PVC, 5" X 20' overall length, 5.0" Min. Depth belled end .126 wall thickness per spec 366-200, Serial 05, REV H. $ Ft. Total Mfr. Mfr. #, Delivery in Weeks: The items being bid meet or exceed the attached specifications. Yes No . if not, please list exceptions (specifying paragraph reference number) on a separate sheet of paper and attach to your bid documents. 09/12/01 Delivery may be a consideration in bid award. For purposes of warranty and service ONLY approved manufacturers or distributors authorized by an approved manufacturer to serve the Fort Collins area may bid. At the option of the City of Fort Collins, 2" X 20' PVC Conduit, 4" X 20' PVC Conduit & 5" X 20' PVC Conduit may be purchased from this bid for a period of five (5) years after date of award, subject to satisfactory pricing and delivery and performance by the supplier. "Any surcharges or additional costs shall be noted & included in bid submittal. The City of Fort Collins reserves the right to split the bid in whatever percentages are most advantageous to the City. SUPPLEMENTAL INSTRUCTIONS Prices quoted must remain firm for a 30 day period after the opening date. Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing submitted on proposal and not entered as separate pricing. Any discount allowed by Vendor for prompt payment, etc. must be reflected in quoted figure, and not entered as separate pricing. The City reserves the right to accept or reject any and all quotes. Bidder not responding to the services requested in this bid shall be removed from our automated listing for: Not Applicable Any questions or inquiries regarding this bid should be directed to: Opal F. Dick, CPPO, Senior Buyer (970)221-6778 SIGNATURE AND TITLE COMPANY NAME NUMBER ADDRESS: STREET, CITY, STATE, ZIP TYPED OR PRINTED NAME AND TITLE (AREA CODE) TELEPHONE NUMBER/FAX DATE 09/12/01 Purchase Order Tennis and Conditions I. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to: City of Fort Collins Accounting Division P.O. Box 580 Fan Collins. CO 80522 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 84-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejecied. GOODS REJECTED due to failure to area specifications, 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 instructions from the City of Fan Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St.. Fan Collins. CO 80521. unless otherwise specified on this order. If permission is given to prepay freight and charge separately. the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess feight will be deducted firm Invoice when shipments me made from greater distance. Permits. Sella shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivision where the work is performed. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City ofFort Collins harmless tram and against all liability and loss 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 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 terns and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hacto m incorporated herein by reference. Any additional or different more; 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 on your promised delivery date as noted. Time is of the essence, Delivery and performance mum 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 of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable fanatics, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such arts of God, acts of civil or military authorities, governmental priorities. fires, strikes. Flood epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Put chain within five (5) days of the time when the Sella first 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 warrants that all goods, articles. materials and work covered by this order will conform with applicable drawings. specifications. samples and'm 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 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 warranty. The Seller shall replace. repair or make good. without cost to the purchases. any defects or faults arising within one (1) year or within such longer period affirm as may be prescribed by law or by the terms of any applicable warranty- provided by the Sella after' 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 Purchaser shall not constitute a waiver of any claim under this warmly. Except as otherwise provided in this purchase order. the Sellers liability hereunder' shall extend to all damages proximately caused by the breach of any tribe foregoing warranties or guarantees. but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchasa' may make changes to legal minis by wt'itten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings. by %abed or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase' 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 between the panics m to any work or mataials then in progress provided that the Purchaser shall nor be liable for any claims fin' anticipated profits on the uncompleted portion of the goods and or work. for incidental or consequential damages. and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock No such termination 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 shiny (30) days fi'om the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler warrants that all goods sold hereunder shall have been produced. sold. delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods are 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 agreements ofthis character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser 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 parry shall assign. ttansfes, or comey this order, or any monies due or to become due hereunder withoul the prior written consent of the other party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and hems furnished in performance of this agreement. fiee and clear of any and all liens, restrictions. reservations. security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hacof, failure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Sella in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sella of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or 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 hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are 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 acquired under feda'al or state antitrun laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella' to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella. and the Sella thereafter indicates its inability or umcillingra ss to comply. the Purchases may cause the work to be performed by the most expeditious mean available to it. and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees of such party. The Sella's contractual obligations. including warranty. shall not be deemed to be reduced. in any way. because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Sella is required to use any design. device. material or process covered by letter. patent. Irademark or copyright. the Sella 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 coal, act. 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 after 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 pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but non -infringing equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Seller's pi openy or business, this order may forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions of terms used or the imerpraation of the agreement and the rights of all panics hereunder shall be construed under and guy coned by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Sella is to Perform work hereunder. including the services of Sellers Representative(s). on the premises of others. 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 case of am accident. destruction or injury to the work md'or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or anion by the Sella'. the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such materials and or equipment were being furnished by the Sella' under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational 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 Imes of state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limbed to. contractual and automobile public liability insurance with bodily injury and death limits of at least $300.000 for any one person. $500.000 for any one accident and property damage limit per accident of $400.000. The Seller 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 of orhas. the Seller shall fnrnish the Purchaser with a certificate that such compensation and insurance here been provided. Such cenificales shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aka' the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the attire responsibility and liability for any and all damage. loss or injury of any kind or nature whensoever to persons m property caused by or resulting horn the execution of the work provided for in this purchase ode' or in connection heewith. The Seller will indemnify and hold harmless the Purchaser and am or all of the Purchasers oHica's, agents and employees from and against any and all claims. losses. damages, charges or expense:. wherha' direct or indirect. and wherha' 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 Purchase. or its offices. agents or employees at am 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 al'oresaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs. charges. attorneys fees and other' expenses, any and all judgments that may br incurred by of obtained against the Purchase- or any of its m their o0icess, agents or employees in such snits or other proceedings. and in case judgment or other' lien be placed upon or obtained agafnsl the property of the Purchaser. at said parties in or as a rrsull of such suits or other' proceedings, the Seller will at once cause the same to be dissob'ed and discharged by giving bond or othats'ise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the pmcnlion of accidents. comply with all laws and regulations with regard to safely including, but without limitation, the Occupational Safely and Health Act of 1970 and all rules and regulations issued pursuant thereto. 990 Revised 1191 09/12/01 CITY OF FORT COLLINS Utilities Electric Department P.O. Box 580 Fort Collins, CO 80522 SPECIFICATION NO: 366-200 PLASTIC CONDUIT FOR UNDERGROUND INSTALLATION APPROVED BY: Kraig Bader Standards Engineering Manager DATE: 3/20/87 REVISED: 6/29/2006 ITEMS COVERED BY THIS SPECIFICATION DESCRIPTION ASTM REFERENCE SERIAL STORE'S NO. 2" P.V.C. Conduit DB 120 02 6535-1081 4" P.V.C. Conduit DB 120 04 6541-1120 5" P.V.C. Conduit EB 35 05 6543-1142 Rev. Sym. H PREVIOUS REVISION DESCRIPTIONS ON FILE REVISION DESCRIPTION CHANGE NOTICE APPROVED REVISION D: Add Appendix A, Approved N/A S. Coram Manufacturers Tim Sagan 3-12-92 REVISION E: Update Appendix A, Remove Condux N/A S. Coram Tim Sagan 3-10-94 REVISION F: Update Appendix A, Change N/A O. Dick Manufacturer (Quail Plastics to NAPCO Tim Sagan 3/4/97 REVISION G: Change 4" conduit to DB 120, wall N/A Tim Sagan 5/26/99 thickness 0.154 REVISION H: K. Bader • Remove manufacturer North American Pipe J. Dahlgren from Approved list — they are changing their 25 May 2006 market focus and no longer make conduit. • Cantex will no longer make conduit per our specification requirement for TiO2 content. • Add Heritage Plastics as approved manufacturer. • To address manufacturing capabilities, increase the range of the lengths for bell- ends. • Add Northern Pipe Product, Inc. as a conditionally approved manufacturer. 2 366-200