HomeMy WebLinkAbout474444 ROCKY MOUNTAIN COLBY PIPE - PURCHASE ORDER - 9144009PO
PURCHASE ORDER 914400er Pogo
C117/ Of 9144009 t of 3
C6rt Collins This number must appear
,/_^,'`�—J`-' ` on all invoices, packing
sli s and labels.
Date: 07/17/2014
Vendor: 474444 Ship To:
ROCKY MOUNTAIN COLBY PIPE
c/o ASPEN UTILITY SALES
150 S MAIN ST
BRIGHTON CO 80601
UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 07/16/2014 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 6543-1144 44880 FT 2.1399
5" x 20' Cellular Core Conduit
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.
The bundles will be shipped such that rows are staggered and alternating to protect
coupling ends. The individual units shall not exceed 5 feet in width and not less
than 1 foot nor greater than 4 feet in height. Each bundle shall be banded with
three sets of metal bands over 2" x 6" lumber equally spaced for stacking board
on board. Two extra bands shall be placed on the conduit itself, between the 2" x 6"
lumber. The two bands shall be snug, but not tight enough to distort the conduit.
Each unit shall have provisions for fork lifting equipment. Conduit bundles shall
not deform when unloaded with a boom truck. No nesting of conduit is allowed.
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
96,038.71
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PO
PURCHASE ORDER 91440 9 Page
Clty. of PURCHASE
91 �009 2 of 3
' `t Collins
I„s This number must appear
` \.I ` 1' on all invoices, packing
�sllps and labels.
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
Tax exemptions. By stature the City of Fen Collins is exempt fmm stain and local taxes. Our Exemption Number is
9RA4502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Imsmal Revenue. Deaver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a).
Gunk Rejected. GOODS REJECTED due 10 failure 10 .,at spaifiamdms, either who shipped or due to do" of
damage in transit, may be rammed 10 you for craft, it are nor m be m,).d except upon eccipt of wrnen
instructions from the City off. Collins.
Inspection. GOODS are subject to the City of Fin, Collins inspection on amval.
Final Acceptance. Receipt of the merchandise, sournics or equipment in response to this order cancaul? in
authorized payment on the pan of the City of Fen Collins. However, it is to be understood ,hair FINAL
ACCEPTANCE is dependent upon completion mall applicable required inspection procedures.
Freight Terms. Shipments most be f OD., City of Fan Collins, 700 Wood St, Fort Collins, CO 50522, unless
otherwise specified on this offer. If permission is given to .any fieigly and charge separately, the original freight
bill must accompany in ,ire. Additional charges fr pecking will no, be worried.
Shipment Distance. Where manufacturers have distributing points in various an, of the cpm ounty, shient is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Permits. Seller that pmom .1 sell,. sole test all necessary permit, certificates and licenses aqui d by all
applicable laws, regulations, ordinances and roles of the state, municipality, rerntery or political subdivision where
the work is performed, or required by any other duly constimwd public authority having intimate. over the work
of vandor. Seller further agrees to held the City of Fall Collins hmmless in.. and against all habiliy and loss
incurred by ?hem by reason of an rimed or established violation of any such laws, rcgulminne, ordinances, ml.
and nNuiremears.
Authonzalion. All parties to this contact agree that the representatives are, in fact, bow fide and possess full am
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expessly limits aceepmnce .the terms and conditions stated
herein set forth wad any supplementary, in additional terms and conditions annexed hereto or incorporated herein by
comfort Any additional or different terms and condition, proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Wyatt cannot make complete shipment to arrive on your
promised deliverydine as noted. lime is of the essence. Delivery and performance must M effected within the lime
stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without
limitation, acceptance ef,natal late deliveries, shall crown, as a waive, of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of,licia, his order elsewhere
and holding the Seller liable for damages. However the Seller shall not he liable for damages as a result of delays
due to causes not reani nahly foreseeable which are beyond its reasonable remrol and without if End, of negligence
such nets of God, acts of civil or military aut smarts, governmental pnontics, fires, strikes, flood, epidemics, wars or
Hart prn,idad that notice of far conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Set for first received knowledge thereof. In the event of any such delay, he date of delivery shall be
extended Ibr line perm! equal m the time actually Into by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this offer will coof.. with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with he highest degree of ore and competence in accordance with accepted standards for work of a
similar nawrt. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Seller shall srybce, repairer make
good, without cost to the purchaser, any defect or faults nursing within one (1) year or within such longer period of
time as may be presented by law or by the forms of any applicable warranty provided by the Sella after he date of
acceptance of the goods famished hereuMer (acceptance not to be ttneasowbly delayed), resulting fmm imperfect
or defective work done or materials fmishW by the Seller . Acceptance or use of good by the Purchaser shall not
anstimm a waiver of any claim under this waranty. Except as otherwise provided in this purchase older, the Sellers
liability hereunder shall extend to all damages pmximmely caused by the breach of any of the foregoing is wrintiew
or Subsidies, but such liability shall in an event include loss of profits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may mike changes to legal terms by vs'num change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the trans, the, than legal mob, including milinAr, ,, or deletions from
the quantities originally ordered in the s vaiflotiun. or drawings, by verbal art vounin change order. If any such
change Wman, the amount due art the time of performance hereunder, an available udjnsbnent shall be mods.
6. TERMINATIONS.
The Purchaser may at any time by women change order, terminate this agreement as to any or rill portions of he
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims Car anticironed profits on the unenmpleN
person of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any wads which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations ew many good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be auened within thin, (30) days from the dam the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller waranf that all good sold heeunde shall have been Produced, sold, delivered end famished in some,
compliance with all applicable Imes aml regular. 10 which the good s e subject. The Seller shall execute and
deliver such documents as may fee required to effect or evidence compliance. All laws and regulations required m be
incorporated in samemenb of this chamner are hereby incoryombed herein by this refircme. no Sella agrees to
indemnify and hold the Purchaser M1menless from all costs and damages suf anal by the Purchaser as a result of he
Sellers failure to crimpy with such law.
9. ASSIGNMENT.
Neither party shall assign, number, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other any.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items hummed
in performance of his agreemenq free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofahers.
11, NONWANER.
Failure of the Purchaser to insist upon strict performance critic terms and conditions hereof, failure or delay to
exciance any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event oft
breach, the acceptance of or payment for goad hereunder or approval ofthe design, shill not release the Shce of
any ofthe remnatio or obligations of this purchase order and shall not be deemed a waiver of any fight of the
purchaser to insist upon strict performance hereofor any oral rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any poor at subsequent default hereunder, nor shall any puryoned
oral modification or rescission of this purchase under by the Purchaser operate as a waiver of any of the temp
hereof.
12. ASSIGNMENT OF ANTITRUST CLAMS.
Seller and the Purchaser reuglism that in actual a is practice, c erchn,mi resulting sulting traantitmst
violati rms 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 federal or state rotation laws for Stich overcharges rtlating to the particular goat 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 m correct nancunfomting in defective goods by a date to be agreed or.,, by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
may cause the work to be perfammd by the most expeditious means available to it, and the Seller shall pay all
oaf nsanda ed with such walk.
The Seller shall release the Purchaser and its continuous of any tic, form all liability and claims of any nature
rewhing from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
drommoo, i fiat and cmployees of such any.
The Sellees commerual obligations, including warranty, shall not be deemed to b, reduced, in any way, because
such work is performed or caused to be pefformW by the Purchaser.
14. PATENTS.
Whenevef fie Seller. required m use any design, derice,..,coal common covered by but paten,, mdearmlk
or copyright, the Seller shall indemnify and save harmless the ruminator from my wad all claims for infringement
by reason of the use of such paereed design, device, mare..] 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 after the completion of the work. In case said equipment, or
my part thereof or the intended use of the goods, is in such suit held to coastl[.m infringement and the use of
said equipment or port is enjoined, the Seller shall, at its own expense and at its option, either Income for the
Purchaser the night to continue using said equipment o, pans, replace the same with substantially tepid bur
naninfringing equipment, or mbdi (y it at it becomes naninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the hearth of creditors, appoint a
art tm,fee for any of the Sellers property or business, Ibis order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNENG LAW.
The definitions of terms used or the inreryretntion ofthe agreement and the ugh¢ of all parties hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in exams where the Seller is to perform work hereunder,
including the services of Sellco Representative(s). on the premises of others.
II. SELLERS RESPONSIBILITY.
The Seller shall Carty on said walk or Sellers own risk ..,it the same is fully ompleled and accepted, cad shall.
in case crony accident, destruction or injury to the work ardor materials before Settees deal completion and
acceptance, complete the work at Sellers own expense and to the swisfacdon of the Professor. When mammals
and equipment are famished by when for imbibition or erection by the Seller, the Seller shall receive, unload,
stare and handle same .1 the sere and baome responsible therefor as through such materials .No, equipment
were being fmlsbed 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 families, to Is employees employed on or in connection with the work covered by this purchase order,
suffer to their dependents in accordance with the laws of the sure in which the work is to be done. The Seller
shall also carry comprehensive general liability including, bur not from] le, omadwl and amomobile public
liability insurance with bodily injury and death limns man least $300,000 for any one person, S50f,000 for any
accident and pmpeny damage limier par accident of $400,000. The Seller shall likewise require his
canbacmrs, if any, 1. provide for such r recantation and insurance. Before any of the Sellers or his contractors
employees shall do any walk upon It, promises of.hefs, the Seller shall finish the Purchase, wish a certificate
that such compensation and Iru mmen have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the date when such conemosmion
and irtsuance expires, no Seller agrees that such compensation and insurance shall be maintained until offer the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind
or rearman, whafaver to parears, or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and bold hornless he Purchaser and any
r all of the Purchasers often, agent aM employes final and against any and all claims, losses, damages,
charges or expenses, whether direct or indieet, and whether to persons or propmy, to which the Purchase may
IN put or subject by reason of any act, anion, neglect, omission or default on the pan of the Seller, my of his
maa.ors, or any of the Sellers of contractors officers. agents or employees. In case my war or other
proceedings shall be brought against the Purchase, or its afters, agent or emplaces at any time on record, of
by reason of any net, action, neglect, omission or default of he Seller of any of his containers or any of its or
their ofce., agents or employers as aforesaid, the Seller hereby agrees to assume the defense hereof and to
defend the same at he Sellers own expense, to pay any and all costs, charges, attorneys fees and other expemes,
any and all judgments that may be incurred by or abainal against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon or
obtained against the property ofthe Pumheer, or said parties in or as a result of soh suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or ofeneur. The Seller and
his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard w safety including, but without Imitable , the
Occupational Safety and Health An of 1970 and all If, and regulations issued pursuant there[..
Revised 072014