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HomeMy WebLinkAbout474444 ROCKY MOUNTAIN COLBY PIPE - PURCHASE ORDER - 9141534 (2)PO PURCHASE ORDER 914153er Page City of PURCHASE 9141534 1 of 2 Flirt Coll I ns This number must appear ,�—`/_' ` on all invoices, packing sli s and labels. Date: 04/10/2014 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: 03/12/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 6535-1085 100,800' 2" x 20' cellular core conduit 4 6541-1127 80,940' 4"x20' cellular core conduit 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 1 LOT LS 1 LOT LS Total Invoice Address: 36,671.08 111,486.77 $148,157.85 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. 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 84-600058E is registered with the Callcamr of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure a or specifications, either when shipped or due to defects of damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written tmtmctions from the City of Fort Collins. Inspection. GOODS are subject be the City of Fort Collins inspection on interval. Final Acceptance. Receipt of the merchandise, se or equipment in response to this order can result in authorized payment on the pan of the City of Pon Collins. Hosvever, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fan Collins, YW Wood St., Fou Collins, CO 80522, unless otherwise specified on this order. If p.nission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various Was of the country, shipment is expected from the honest distdbuton point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seger shall procure at severs sole cost all nevessmy permits, certificates and Lcema required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision when the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of condo, Seller further agrees to hold the City of Fan Collins hmmless from and again all liability and lass incurred by them by mason Orion asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the rarpresentmoms on. in fat, From, fide and pnsvess full and inorganic authody to bird said rynim. LIMITATION OF TERMS. This Pu¢hase Order expressly limits acceptance to the terms and conditions stated herein set fart and any supplementary or additional terms and conditions annexed hemp or incorporated heroin by reference. Any additional or different tams and readidons proposed by seller are abstract to and hereby jeered. 2. DELIVERY. PLEASE ADVISE PURCHASENG AGENT immediately if you cannot make complete shipment to arrive on your pmmised delivery date m noted. Time is of the esxmm. Delivery and performance must be effected within the time staled on the parchow We, and to documents muched hotel.. No acts of the Pmcbas. including, without limitation, acceptance of partial lam deliveries, shall operate az a Waiver ofthis provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable comedies, the option of placing this order clPewlrcre and holding the Seller liable for damages. However, the Seller shall not be liable far 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 an, of God, ants ofeOU or military authorities, govemmomul prionties, fires, strikes, flood, epidemics. wan or toots provided that notice of the conditions causing such delay a given to the Purchaser within five (5) days of the time when foe Seller first rsera d knowledge therm[ In the cent of my such delay, the date of delivery shall h extended for the period equal to the time actually less, by nawn arehe delay. 3. WARRANTY. The Seller wamnts them all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andlor other descriptions given, will be fit for the purposes intend d, and perfomed with the highest degree of come and nomination, in accordance with accepted sun&irks for work of a similar nature. The Seller agrees to bold the parcbaser hvmless fmm any loss, damage or expense which the Purchaser may inform Incas on account of the Sellers breach of warranty. no Seller at replace, repair or make good, without en m the purchaser, any defsms or faults arising within one (1) year or within such longer period of rime m maybe perearbed by law or by the terms of my applicable warranty provided by the Seller after the clamor accepance of the goods furnished hereunder (acceptance nor to be umensonably delayed), resulting fmm imperfect or defecuve work done or anacerials f fished by the Seller. Acceptance or was of good by the Nmrc er shall not constitute a waiver of any claim maker this wvmnty. Except as otherwise provided In this p rmhose color. the Sullen liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing warranties 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 Perchmer may make changes to legal cents th mten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purebxser may make any changes to the terns, other than legal mats. including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change afros the amount due or the time ofperfotmmtt hereunder, an ryuitable adjustment shall be made. 6 TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement se, to any or all portions of the goods then not shipped, stibjov, as any equitable adjustment between the parties as to any week or materials then in Foulness provided Nat the Purchaser shall not be liable for any claims for anticipated profits oa the uncompleted portion of the goods andldr work, for incidental or wit m mial damages, and that We such adjmtment M mode in favor of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations or to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within dome (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance, with all applicable laws and regulations to which the goods are subject. The Seller shall execute end deliver such documents as may be required to effect or evidence compliance. All laws and regulations restaurant to be, ncerpomted in agreements of this chimaera, me hereby incorporated herein by this reference. no Seller ages to indemnify and hold the Patch. 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, transfer, or convey this order. or any monies due or to become due hereunder without the prior wrten cons., .fee of r party. I D. TITLE. The Seller warrants WE, clear and unrestricted title to the Pumhmu for all equipment materials, and items fumishod in performance of this agreement, free and clear of my and all liens, restrictions, reservatiom, security interest encumbrances and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the even of a breach,tthe acceptance ofdr payment for goods hereunder or approval of the design, shall not release the Seller 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 ruminator operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitwt violations ore in fact home by the Purchnsec Th,reti fre, 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 federal or state antitrust laws for such overchagea 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 Seller to correct nonconforming or defective goods by a date to he agreed upon by the Parchment and the Seller, and the Seller thereafter indicates its imrbiliy or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditions means available to it, turd the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors artery for from all liability and claims of any nature csulting from the pcnomtance ofruch work. This nleau shall apply even in the event of fault of negligence of the pany released and shall extend m the dircdors,.Ricers mM employees of such party. The Seller's contractual obligations, including warranty, shall not M deemed to ha reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required m use any desigm device, material or process cov,ml by Into, pment, tmdemnrk or copyright, the Seller shall indemnify and save harrmlecs the Purchaser fmm any and all claims for infringement by r=wn of the use of such parented design, device, material or process in contraction with the concoct, and shall indemnify the Pmchaer for any cost expense or damage which it may be, obliged to pay by pawn of such Infdngemem at any time during the proaceution or other the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, b in such suit held to common, 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 rising said equipment or parts, replace the some with substantially equal but noninfringing equipment, or modify it ses it become noninfringing. 15. INSOLVENCY. If the Seller shall become inwlvem or bankrupt, make an assignment for the benefit of creditors, appoint is exaciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING V.W. The definitions oftems used or the interpoiation of the agreement and thc rghes ofall parries hereunder shall be concerned uMer and governed by the laws afih, Sum afC.Imx o, USA. The following Additional Conditions apply only in sus where the Seller is an perform work M1ereunder, including the smica of Sellm Repxaunutive(s), on the premises ofotbers. 12. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Series own risk until the same is fully completed and aesqued, and shall, in as, of my accident, destruction or injury to the work =tiler materials heft Settees fw1 completion anal overpromise, complete the Work at Seller's own expose and to the satisfaction of the Purchaser. Whom materials and equipment an famished by others for instillation or exaction by the Seller, she Seller stood receive, added, stare and handle same at the site and become resporsible therefor as though such materials mWdr equipment were being famished by the Seller under thc order. 19. INSURANCE. The Seller shall, .l his own expense, provide for the payment of workers comp==non, including occupational disease benefs, to its employees employed on or in connection with the work coveml by axis purchase order, andlm to their dependents in accordance with the laws of the spite in which the work is to he dove. The Seller shall also carry comprehensive general liability including, but not limited to, saturation and automobile public liabil its announce nce with bodily injury and Jonah limits of an lean 5300.000 for any one person, 5500,00o for any one accident and property damage limit pm accident of S403.1(1). The Seller shall likewise require his contractors. if any, to provide for such committeeman and insurance. Before any of the Sellers or has mmancom employees shall do my work upon the premises of others, the Seller shall famish due Purchaser wi%a ceaifiate that such compearahon and itsumnce have been prm'ided. Such certificates shall specify the dam when such compemumion and insurance have been provided. Such cmifiates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after fee entim work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from no execution ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indemnify anal hold harmless the Purchaser and any r all of the Purchusers oRieers, agents and employees from and against my and all claims, lasses, damage, charges or expenses, whether direct or indium, and whether to persons or property to which the purchaser may be put or subject by pawn of any act, action, neglect, omission or default on the pan of the Seller, my of his commerce, or any of the Sellers or contmetors officers, agents or employees. In case any suit or other peace Wings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason army at, action, neglect, omission or default of the Seller artery clans contractors or any of is or their ofem, agents or employees m aforesaid, the Seller hereby agrees to mature the defense thereof=d to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expos s, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their Orleans. agents or employees in such suits or other proceedings, and in case judgment or other lion be placed upon or obtained against he property of the Purchase. or said panties in or as a result of such suits or other proceedings, the Seller will at once cause the some to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and insist[ all goad necessary for the pnvenion of accidents, comply with all laws and regulations with regard to safety including, but without Ilmipinnn, the Occupational Safety and Health Act of 1970 and all min and regulations issued pursuant therm. Revised 03fd010