HomeMy WebLinkAbout474444 ROCKY MOUNTAIN COLBY PIPE - PURCHASE ORDER - 9141812PO
PURCHASE ORDER 914181er Page
City. of PURCHASE
9141812 ' of z
' `t Collins
ins This number must appear
V ` 1' on all invoices, packing
sli s and labels.
Date: 03/31/2014
Vendor: 474444
ROCKY MOUNTAIN COLBY PIPE
c/o ASPEN UTILITY SALES
150 S MAIN ST
BRIGHTON CO 80601
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 03/31/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 6543-1144 41800 FT 2.0154 84,243.72
5" x 20' Cellular Core Conduit
Sole Source purchase - only manufacturer
YARD
CONDUIT, PVC CELLULAR CORE, 5" X 20' OVERALL LENGTH, DB-120,
5.0" MIN. DEPTH BELLED END, .126" WALL THICKNESS, SPIGOT ENDS CHAMFERED.
CONDUIT SHALL BE CLEARLY MARKED PER ASTM F512 REQUIREMENTS, AND SHALL ALSO INCLUDE A
LIGHTNING BOLT SYMBOL AS DEFINED IN ANSI Z535.3, ANNEX C. MARKINGS SHALL BE PLACED AT 120
DEGREE SEPARATION FROM EACH OTHER IF POSSIBLE,
OR PLACED AT 180 DEGREE SEPARATION IF 120 DEGREE SEPARATION IS NOT POSSIBLE.
ROCKY MOUNTAIN COLBY PIPE, 505020-D;
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
Total
Invoice Address:
72
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 City of Tom Collins is exempt firm state and last taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Catifivere of Registry 84L000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defecn of
damage in transit. may be retuned to you for credit and are not to be replaced except upon receipt of written
imtmetions from the City of Fon Collins.
Inspection. GOODS are subject to the City of Fort Collin inspection on urinal.
Fired Acceptance. Receipt of the merchandise, savors or equipment in response to this order cat result in
authorized payment on the pan of the City of Fart Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable equirN inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St. Tom Collins, CO 80522, 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 Divorce. Where m nerfacmrers have distributing palms in various pans of the country, shipment is
expcded fears the nearest distribution point to destruction, and excess freight will v deder ed from Floosie when
shipments ate not fears greater distance.
Permits. Seller shall procure at sellers sole cost all necessary Fares, emigrates and licenses requited by all
applicable laws, regulations, ordinances and rates 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. Seller fuMen agrees to hold the City of Fort Collins hutmiess from and against all liability and loss
ed by them by reason of an dorded or established violation of my such )aws, regulabods, oudittances, rules
rangco"command.
Authorization All panics 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 Orda expressly limits acceptance do be roam and conditions states]
herein set gong and any supplementary car s iditional terms add conditions coaxed herein or incorporated herein by
referena. Any additional or diRerent mean and conditions proposed by sells arc ogeded m and baby jaded.
2. DELIVERY.
PLEASE; ADVISE PURCHASING AGENT immediately ifym cannot make insulin,shipment um arrive on your
promised delivery date as noted. Time is of the insider. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate u a waiver of this pmvuion. In the event army delay,
the Purchaser shall have, in elucidat®r to other legal and equitable remedies, the option of placing this color elsewhere
and holding the Seller liable for damages. Favored, the Seller shall not be liable for damages as a result of delays
due m muses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, cols ofcivil or military, authorities, governmental priorities, Orts, midges, flood, epidemics, wan or
riots provided quit notice of the conditions causing such delay is given an the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of my such delay, the dam of delivery shall be
extended for the period quad to the time atmlly lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, ankles, materials and work covered by this order will conform with applicable
drawings, specifications, samples arWor other descriptions given, will he fit for the purposes amended, and
performed with the highest degree of ore and comatcdec in accordance with accepted standards for work of a
milar datum. The Sella agrees to hold the purchaser harmless farm any lass, damage or expense which the
Purchaser may suffer m or incur on accot of the Sellers Thn breach of.,. e Seller shall repla, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terns of my applicable warranty provided by the Sella a0d the date of
acceptance of the good famished hereunder (acceptance not to he immeasurably delayed), resulting from imperfect
or defective work done or materials fnamened by the Sella. Acceptance or use of good by the Purchaser shall not
commune a salver of any claim under Nis w. y. Exceed is otherwise Provided in His ptadame, modes, me Sellers
liability hacienda shall extend do all damages proximately caused by the breach of my of the foregoing ceramics
or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Panchasa may take changes to legal mean by writtm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Parchour may make any changes to he terms, other than legal terms, including additions m or deletlms from
the quantities originally ordered in Ne specificmions or drawings, by verbal or written change order. If any such
change organs the amount due or the time of Performance hatundm an equitable adjustment shall be made.
6. TERMINATIONS.
The Pumltmer may el any dime by written change code, hadrinare this agmemend v to any or all potions of the
goods then not shipped, subject to any equitable adjustment between the panics as m any work or materials then in
progress provided Nat the Pnrchaan shall nor be liable for any claims for anticipated pmfin on the uncompleted
portion of the good mdtor work, for incidental or comquential damages, and that an such adjustment be made in
favor of the Seller with mpecr to any good which art the Sellers standard stock. No such nomination shot believe
the Purchaser or Ne Sella ofmy of their obligation as do my good delivered haennder.
]. CLAIMS FOR ADJUSTMENT.
Any claim For adjustment most be nomed within Body (30) days from the date the change or termination is
ordlearal.
8. COMPLIANCE WITH LAW.
The Sella war rams Out all good sold hereunder shall have been produced, sold, delivered and famished in audit
compliance with all applicable laws and regulations In which the good art subject. The Sella shall execute and
deliver such documents an, may be required In effect or evidence compliance. All laws and regulations required to be
incorporated In agreements of his character are hereby incorporated herein by this reference. The Sella agrees to
Indemnify and hold the Purchaser harmless firm all costs and damages suffered by the Pa des er as a result of the
Sellers failure to comply wiN such law.
9. ASSIGNMENT.
Neither patty 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 warranty fall, at. and marmricted tide to the Purchaser far, all quipmml, materials, and netts famished
an performance of this agreement free and deu of any and all lien, naNaiods, reservations, security interest
encumbrances and claims of others.
I I.NONWAIVER.
Failure of no Purchaser to hold upon strict programmers, of elm tcfms and condition hereof, failure or delay to
any rights or remedies provided herein or by law, failure do promptly notify the Seller in the event of a
French, the ace,pmnce of or payment for goods hereunder or approval ofbe design, shell 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
purcluser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, ex to any prior or subsequent default hereunder, nor shall my purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of rbe terms
bereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
arc
violation
in fact bone by the panel ood, Thred eefors, fogoad cause mJ ss consideration for accord, this
purchasr, order, the Sella hereby ossifies to the Purchaser, any and all claims it may now have or hereafter
acquired under federal or stare andar sst laws for such macharges relating to the Particular goods or venires
purchased or acquired by the Purchaser pursuant m this puchase order.
13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and be Seller, and the Sella thereafter indicates its inability or unwillingness in comply, the Purchaser
may cause the work to be s rf zoned by the must expeditious meant available to it, cad the Sella shall Pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier firm 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 may released and shall extend to the
cards., Mass and employees ofsueh rydy.
The Sellers rentractual obligations, including waromV, shall not be darned to be reduced, in any way, assume,
such work is performed or caused to be performed by me Purchaser.
Is]. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by land, parent, tredemmk
or copyright, the Seller shall indemnify and save bounders the Purchaser firm any and all claims for infirm,omem
by reason of the use of such patented design, device material or process in connection with the commit, 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 afire the completion of me work. In case said equipment, or
my put thereof or the Intended use of the goad, is in such suit held to comtlmte Infringement and lee use of
said quipmcnt or pan is apinaL the Seller shall, al its own expo se and at its option, either Procure far the
Purchaser the right do continue uswg said equipment or parts, replace the sir¢ with nobsterhally equal but
noninfNnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become inselvmt or bankrupt, make an assignment fog the benefit of creditors, appoint a
or truster, for any of the Sellers property or business, did, order may foMwidh he canceled by the
Purchaser wid an d liability.
16. GOVERNING LAW.
The definitions of tents used or the interpretation ofbe agreement and fire rights of all ponies hereunder shall be
amended under and governed by the Laws ofthe State of C.Imi do, USA.
The following Additional Conditions apply any In eases when the Seller u to perform work hereunder,
including the services of'Selless Rcpresanutive(s), on the premise ofothers.
17. SELLERS RESPONSIBILITY.
The Seiler shall carry on mid work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work mdtor materials before Sellers fiul completion and
accepdanue, complete the work at Sellers own expeose and to the satisfaction of the Purchaser. When materials
and equipment ane fiuoished by offers for installation or emotion by the Sella, the Sella shall receive, unload
stout and handle same at dhe sire and become responsible therefor as bough such material, mdlor equipment
wine being famished by the Sella order the order.
18. INSURANCE.
The Sella shall, at his over expense, provide for the payment of workers component Including ecespatiowl
disease benefits, to its employees employed on or in carnation with be work covered by this purchase order.
and/or to their dependents in accordance with the laws of the some b which the work 6 to c done. The Sella
shall also carry comprehensive general liability including, but not limited to, c mmandial and automobile public
liability insurance with bodily injury and death limits of at Imw S300,0sU for any one person, $500,000 for any
one accident and limpidity damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if my, to provide for such comatverion and insurance. Before my of be Sellers or his contractors
employees shall do any walk upon the premises of others, the Seller shall furnish the Purchaser with a radiftwm
toad such cumpemetlo r end imurance have ben pervaded. Such one ficama shall specify the doe 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 insvmnce shall be maintained until after the
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me entire responsibility and liability for any and all damage, lass or injury crony kind
or nature whatsoever to persom or property caused by or msulling from the execution ought work provided for in
this purchme order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees form and against any and all claims, losses, damages,
charges or captives, whether direct or indirect. and whether to persons or property to which the Purchaser may
be put a subject by reason of any at, action, initial, omission or default on the pan of the Sella, any of his
mndrators, or my of the Sellers or contractors officers, agents or employer, to any suit of other
proceedings shall be brought against the Purchaser, or its omcan, agents or employees at my time on accoutre or
by reason of any an, action, region, emission or defmlt of the Seller of any of his contactors or any of its or
their officers, agents or employees as nforevid, the Seller hereby agrees to assume the defense thereof end to
defend the same at the Sellers own experts,, to pay my and all cons, charges, anomeys fees and order mperews,
my and all judgments that may be incurred by ar obtained against the Purchaser or any of its or thew officers,
agents or employees in such suits or other proceedings, and In case judgment or other lien be placed upon or
obtained against the propery, of fe Purchase, or said Parties in or as a result of such suits or allies proceedings,
the Seller will at more cause the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety Precautions, f ish and install all gaud necessary for the prevendon of
accidents, comply with all laws and regulations wild regard ta szfrty including, but without limiation, the
Oaupatimul Safety mJ Health Air of 1970 and all roles and regulation issued pursumt thereto.
Revised 03R010