Loading...
HomeMy WebLinkAbout474414 ROCKY MOUNTAIN COLBY PIPE - PURCHASE ORDER - 9144681Fort Collins Date: 08/13/2014 PURCHASE ORDER Vendor: 474444 ROCKY MOUNTAIN COLBY PIPE c/o ASPEN UTILITY SALES 150 S MAIN ST BRIGHTON CO 80601 PO Number Page 9144681 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/1212014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 6535-1085 100800 FT .3871 39,019.68 2" x 20' cellular core conduit YARD CONDUIT, PVC CELLULAR CORE, 2" X 20' OVERALL LENGTH, DB-120, 2.25" MIN. DEPTH BELLED END, .077" 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. 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@fogov.mm Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9144681 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price ROCKY MOUNTAIN COLBY PIPE, 502020-D; ;fir;P,4 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. Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tens and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions, by statute the City of Fun Collins isexeto from state and fugal axes. Our Exemption Number is 11. NONWAIVER. 98-04502 Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of Failure athe Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to balanced Revenue, Drover, Colorado (Ref. Colorado Revised Sensors 1973, Chapter 39-26, 114 (s). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance ofom payment for goods hereunder or approval ofthe design, shall not release the Sell,, of Goods Related. GOODS REJECTED due to failure to over specifcatiom. either when shipped ar due To defects of any of the wurmntia or obligations of this purchase order and shall not he dcemcd a waiver of any right of the damage in transit, may he retumd to you for credit and art not to be replaced except upon receipt of wrimen pmchxur To insist upon strict Performance hereofor my crib rights or remedies as m any such goods, regardless instructions from the City of Fon Collins. of esheo shipped, received or accepted, as to any prior or subsequent default heremrdcq nor shall my purpond oral mWilier ire or rncis inn of this purchase order by the Pumhaser efo rme m a waiver of any of the tom¢ Inspection. GOODS are subject to the City of Fort Collins inspection on mold, hereof Final Acceptance. Receipt of the merchandise, services at equipment in response to this order can result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part or the City of Fort Collins. Howa'en it is to the understood ahatFINAL Seller and the Purchaser recognize that in actual economic practice, mameharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable require inspection procedures. violations are in fact home by the Platinum. Theretofore for tgood cause and is consideration for executing this Purchase order, the Seller hereby assigns or me Purchaser any cod all claims it may now have or transfer Freight Tom¢. Shipments coma be F.O.11., City of Fart Collins, 700 Wood St, Fort Collim, CO 80523, unless acquired under (deal or stare antitrust laws for such overcharges relating to the particular goods or services otherwise specified oa This older. If pennisman is given re. prepay freight and charge sryaamly, the original (eight purchased or acquired by the Purchaser pursuant to this purchase oiler. bill must accompany invoice. Additional charges for packing wil I not be accepted. Shipment Disarm. \Were m nufeturers have distributing points m ,, us puns of the country, ship rne I is expected fear the nearest distribution paint In denivatian, and excess freight will be ddudd from Invoice when shipments are made from greater distance. Permits. Seller stall procure at sellers sole cast all necessary permits, certificate, and Ilcema required by all applicable laws, regulations, ordinances and rules of the same, municipality, memory or political subdivision where the ..,it is rommmmul, or r qulyd by any mbar duly constituted public authority having jurisdiction over the work of vendor. Seller fimber agrees to hold the City of Fort Collins homeless from o I against all liability and loss incurred by them by moment of an asserted or established violation of any such laws, regulations, ordinances, mles moment regwrements. Authorization All panics to this contract agree that the repreaverahm i are, in fat, bona fide and possess full said complete euthonly to bind said panic. LIMITATION OF TERMS. This Pumhme Order expressly limits acceptance to the teems and conditions small herein set forth ,ad any supplementary or additional mats and conditions annexed hereto or i=omomted herein by reference. Any addttionnl or different terns and conditions proacoal by seller are objected to and hereby rejected. P. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately form cannot make complete shipment m arrive on your Promised delivery date as noted. Time is of the lateral. Delivery and performance must be ejected within the time said on the purchase order and the documents attached hereto. No arts of the Purchasers including, without limitation, acceptance ofpareial late deliveries, shall apemen as a waiver of this prm'ision. In the event of any delay, The Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order timeshare and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a Tamil of delays due to causes nor nova nobly foreseeable which are beyond its rntsuuoble control and without its fault of negligence, such aces ofGmL acts ofcivil or mililary authorities, govern ontal prlerines, fires, strikes, ❑oil, epidenno., wars or riots provided that notice of the conditions taming such delay is given to the Purchaser within per (5) days of the time when the Seller firm racce-ed knowledge member In the event of any such delay, she des¢ of delivery shall be extended for the period equal b the time actually lost by reason ofthe 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/em ether dowarm me. given, will be fir for the pumoses intended, and perforated with the highest dogma of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser boundless from any loss, damage or expense which the Purchaser may mf,, or incur on account cribs Sellers breach of warranty. The Seller shall replace, repair or make good, without mar to the pmchaseq any defaces or faults losing within me (1) year or within such longer period of lime as may he presented by law or by the to. fany applicable aamnty provided by me Seller aver the dam of acceptance of the goat fumishd hereunder (acceptance not te unseasonably delayed), molting from imperfect or defective work &me or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not onmimm a waiver of any claim under this warranty. Except as olhcnvise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofp.ftx or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purebaser may make changes to legal corms by women change order. " 5. CHANGES IN COMMERCIAL TERMS. 'the Pumhnser may make any changes to the teats, odmnhun legal terms, including additions to or octalians from the quantities originally ordered in the specifications or drawings, by verbal or wrimn change order. If any such change afbct the amount due or the time of performance hereunder. an equitable adjustmentn shall be made. 6. TERMINATION& The Purchaser my at any time by written change older. termipme tills agreement as to any or all ponians of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in program provided that me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods maker work, far Incidental or consequential damages, and that net such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stuck. No such termination mall mlieve the Purchaser or the Seller of any of their obligations as To any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mesa be asserted within thirty (30) days f the d to the change or tenniwtion is oldered. 8. COMPLIANCE, WITH LAW. The Seller warrarm fro all goods sold hereunder shall have been produced, sold, delivered and fumished in first compliance with all applicable laws and egmanions to which the goods are subject, The Seller shall execute and deliver such documents ns may be required to effect or evidence compliance. All laws and regulations required to be ncoryormed in agreements of this cam,,er ace hereby incorporated herein by This refereace. The Seller agrca to indemnify and hold the Purchaser hamtless from z11 emu ad damaga suf fall by the Purchaser m IT mach of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Sella wanans full, clan and ttmatricted tide To she Purchaser for all equipment. mvmoals, ad items famished n performance of This agreement free and clear of any and all Item, restrictions, ecsmaaiom, security interest mcumbmnca and claims ofothers. 13. PURCI IASE,RS PERFORMANCE, OF SELLERS ODLIGAl IONS. If the Purchaser direct, the Seller,, correct nonconforming or nefecrive goods by a data to be agreed upon by the Purchaser and the Sell,µ and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaer nay cause the work to be performed by the most expcdnioes means available to it, and the Seller shall pay all costs associmd vairb such work. The Seller shall release the Purchaser and its contbi of any tier Room all liability arm claims of any nature resulting from the performance Triuch work. This release shall apply men in the event of Emll rf nnl igenre of the party relcumd and shall ematd to the directors, officers and employees nfsuch party. The Sellers commnum obligations, including warranty, shall not b, channel to be reduced, in any way, became such work is performed or moved to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required a use any design, device, material or process covered by lone,, patent, trademark or copyright, the Seller shall indenmify and save hamtless the Purchaser from any and all claims for infringement by reason .1 the use of wch paroled design, device, Tribunal no 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 mason of such infringement at any time during the promotional or after the compleion of the work. In rams, said equipment, or any pan thereof or the intended use of the good, is in such suit held to comtimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmcum for the Purchaser the fight to continue using said equipment or pans, replace the some with substantially equal but nominfringing equipment, ar modify it so it becomes nuninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bamtmpL make an comigmmnt for the benefit of creditors, appoint a lociver or trmmc for any of the Sellers property ar badness, this order may forthwith be coaled by the Porchmtt wlthom liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of foe agreement and the Tights of all parties hereunder shall be cautioned under and govemed by the laws office Sam of Colorado. USA. The following Additional Conditions apply Italy in cases where The Seller ¢ to perform work hereunder, incuding the service of Sellers Represenmlive(s), an The premises of others. ❑. SELLERS RESPONSIBILITY. ' The Seller shall arty on said work at Seilds own risk until the same is fully completed and accepted, ad mall, In u of any accident, darumion or injury to the work and/or materials before Sellers him] completion and acceptance, complete the work at Seilds own expense and to the satisfaction of the Purchaser. When materials and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the its and become responsible therefor in though such materials and/or equipment were being fumished by The Seller under The order. 18. MSURANCE. The Seller shall, at his owns expense, provide far the payment arsenious compensation w Ind., «cupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andnur to their dependents in accordance with the laws of the sure in which the work is an be done. The Seller shall also curry comprehensive gcncml liability including, but not limited lac, comactral fud 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 5400,000. The Seller shall likewise require his connotations, if any, to provide for such compemation and insurance. Before coy of the Sellers or his contactors empioyees shag do any work upon the premises of otters, the Seller shall famish the Porchazer with a ventricle that such compensational and insurance have been provided. Such certificates shall specify the date whim such ompensmion and insurance have been provided Such cenificara shall specify the time when such componential and Insurrom expires. The Set let agrees that such mmpersolion and insurance shall be recommend end until are, the entire work is completed and aaeepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume. the entire resporaibility and liability for any and all damage, loss or injury army kind ce nacre watsrever an persons or property caused by or resulting from me execution afthe work provided for in this purcase order or in connection herewith. The Seller will indemnfy and hold hvmlas the Purchaser ad any in all of me Purehmers officers, agents and employees from and against my and all claims, losses, damages, charges or expanses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, emission or default on the part of the Seller, any of his cono-actoes, or any of the Sellers or cunuactors ofieers, agent or employees. In case any suit or other proceedings shall he brought against the Purchaer, or its ulgcers, agents or employees at any time on =count or by reason of any act action, neglect, omission or default of the Seller of any of his contactors or any of its or their oRcers. agents or employtts m aforesaid. the Seller hereby agrees to assume the dre. thereof and To deform the same at the Sellers own expense, lIt pay any and all Or carges, auomeys mrs and Omer expenses, any and all judgments that may he incurred by or obtained against The Purchaer or any of its or their oRcers, agents or employees in such suits or other pr wedings, and in case judgment or older lien be placed upon or obtained against the property of the Purchaser, or said ponies in or m a man][ of such suit or other proceedings, the Seller wil I at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and instill all grand necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitalion, the Occupational Safety and Health Act of 1970 and all cola and regulations issued pursuant therato. Revised 07n(l