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HomeMy WebLinkAbout474444 ROCKY MOUNTAIN COLBY PIPE - PURCHASE ORDER - 9145625PO PURCHASE ORDER 914562er Page City of PURCHASE 45625 1 of 3 ' `t Collins/ hisnumber must appear ` v �7 on all invoices, packing sli s and labels. Date: 09/29/2014 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: 09/29/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 4X20 PVC CELL CORE CONDUIT 80000 FT 1.4767 118,136.00 65411127 65411127 YARD CONDUIT, PVC CELLULAR CORE, 4" X 20' OVERALL LENGTH, DB-120, 4.0" MIN. DEPTH BELLED END, .154" 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. 4r4 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.00m 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 9145625 2of3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price ROCKY MOUNTAIN COLBY PIPE, 504020-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@fogov.conn Total 18.136.00 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 statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is ITNONWANER. 98 04502. Federal Excise Tax Exemption Cenificare of Registry 84 6000587 is regimaed with the Collector of Failure of the Purchaser to insist upon sleet performance of the terms and conditions hereof, failure or delay to Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage m han d, may be resumed to you for credit and are not to be replaced except upon receipt of worn Purchaser to insist upon strict performance bermf or any of its rights or remedies as to any such goods, regardless matmeamis from the City of Fort Collins. 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 toms Inspection. GOODS are subject to the City of Pon Collins inspection on arrival. hereof. Final Aceepumce. Receipt of the merchadow, sawave, or equipment is response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mulonzed payment on the Pon of the City of pad Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE isdepeadvareptisp neampletionofall applicable required inectimprocedures. violations are in fact home by the Purchaser. Theretofore, good cause and as camodemdoo for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Temrs. Shipments must be F.O.B., City of Fan Collins, 900 Woad St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for suet overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepammly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vac us parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defecive goods by a dote to be agreed Von by the expected from the nearest distribution point on destination, and excess Freight will be deducted from l nvoice when Purchaser and the Seller, and the Seller thereafter indicates its inability car unwillingness to comply. the Purchaser chipments are made from greater distance, may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such wok. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the some, municipality, trimry 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 further agrees M hold the City of Fort Collins harmless Ham and against all liability and loss inconewl by them by reason of as asserted or established violation of any such laws, regulations, inchmanees, rules and requirements. Authorization. All parties to this contact agree that the representatives am, in fact, bona fide and possess full unll complete authority or bind said parties LIMITATION OF TERMS- This Purchase Order expressly limits acceptance to the terms and producers stated herein set forth and any supplementary or additional terms and conditions annexed heeto or incorporated herein by reference. Any additional in diRereatermsad s and conditions proposed by stile, arc objecmd to and hereby r japed. 2. DELIVERY. L/ PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to u rive on your promia d delivery date as noted, Time is of he coacher. Delivery and performance must be offlo d within the lime stated on the purchase order and the doe meet w ached herch_ No actor of the PurchasersPurchaters including, without limitation, newpossave offhand late deliveries, shall opwom as,.,,or ofthis provision. In the event afatry delay, the Purchaser shall have, in addition to other legal and equitable re edit ,the option violating firms other elswhcre and holding the Seller liable for damages, the Seller liable for damages. However, the Seller 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 set of God, acts of coil or military authoi6¢, governmental priorities, fires, stakes, Hood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purch ser within five (5) days ofthe time when the Seller first received knowledge fewer In the event of any such delay, the date of delivery shall be extended for the period equal to the time aemally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specificamme, samples and/or other descriptions given, will be fit for the purposes touched, and performed with the highest degree of care and competence in accordance with accepted aaidards for work of a similar nature. The Seller agues to hold the purchaser homeless from any loss, damage or expense which the Purchaser may surfer or indur on account of the Sellers breach of warranty. The Seller shall replace,repair make m good, without cost to the pchaman q y defect or fault arcing within one (1) year rwithin such longer period of time as may he prescribed by law or by the terms of any applicable warmnry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), washing from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not precious a waiver of any claim under this secondary. Except as otherwise 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 ofprofits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal terms by careen change order. 5. CI LANCES IN COMMERCIAL TERMS. The Puraiderser may make any changes to the terms, other than legal teems, including additions to or deletions from the quantum, magically ordered in the specifications or drawings, by verbal or wr ,bar change order. If any suck change affects the amount due or time of performance hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser 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 wjostmael between the panic, as to any .,it or materials then in pro6ress provided that the Pnrchaer shall not be liable for dory claims for anticipated profits on the uncompleted Friction ofthe goods career work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder, Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sell,, warrant that all goods sold hereunder eball have been produced sold, delivered and f fished in strict compliance with all applicable laws and regulatiems 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 be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hnmtless from all costs and damages suffered by the Porch err res a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due err to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Salle warrants full, clear and woraducted title to the Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of any and all liens, reanictions, reservations, security interest encumbrances and claims cfolhers. The Seller shall release the I'maltaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch woe_ This release shall apply even in the event of fault of ,,,lb erne of the parry released and shall extend to the directors, officers and employees of such party. The Seller's eantmdual obligations, including warmnty, shall not be deemed to be reduced, in any way, because such wok is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright the Seller shall canonicity and save harry ess the Purchaser from any and all claims for infringement by memo of the use of such patented design, device, material or process in connection with the removed, and shall indemnify the Purchaser for any cast expense or damage which it may be obliged to pay by reason of such inGngement at any time during the prosecution or after the completion of the work. In case said equipment, or any pen thereof or the intended use of the goods, is in such it held to constitute infringement and the use of said equipment or part is a joined, the Seller shall, at its own expense and at its option, either procure for the Producer the right to continue using said equipment he parts, re lace the same with substantially equal but noninfringing equipment, or modify it sac it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bardrmpq make an assignment for the benefit of creditors, appoint a receiver or towns,for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ,fit. used or the interpretation ofthe agreement and the fights refill parties hereunder shall be ,mina ed under and processed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represcmative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same u fully completed and accepted, and shall, in e of any accident, description or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser_ When materials and equipment are Pomished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials Maker equipment were Form famished by the Seller under the order. 18. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including cepopational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andor to their dependent in accordance with the laws of the state in which the wok is to be done The Seller shall also carry compreherurve general liability including, but not limited to, cnnuaptual and automobile public liability insurance with bodily injury and demh limit of m least 5300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his eontheam , if any, m provide for such compensation and insurance. Before any office Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the note when such ompmuation and insurance have been provided. Such certificates shall specify the date when soh compensation aced ieaumnae exp res The Seller agaec that such wmpewaumi and i euveme shall M maintained until after, the entire work is completed and accepted. 19. PRO I EQION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liabil BY for any and all damage, lass or injury of any kind or re whatsoever to Persons or properly caused by or resulting from the execution ofthe work provided for is this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchases officers, agents and employees from and agate[ any had all claims, losses, Homages, charges or expertswhether direct or indirect, and whether to persons or propmy to which the Purchaser may be put or subject by Mason of any act, action, neglectormission or default on the pan an of the Seller, y of his contmetors, or any of the Sellers or contractors officers, mvids or employees, In case any sun or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any 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, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m 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 be incurred by or obtained against the Purchaser or any of its or their dicers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against he property of the Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to Is dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupa[ioual Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07I2014