HomeMy WebLinkAbout222397 QUEST INC - PURCHASE ORDER - 9146217Fort Collins
Date: 10/23/2014
Vendor: 222397
QUESTINC
PO BOX 459
BRIGHTON CO 80601
PURCHASE ORDER
PO Number Page
9146217 10f3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 10/23/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Ea - Bierer Phase Ranger 1 LOT LS 2,923.00
Base Station
reference quote # 91514
dated 9/15/14
per Greg Wilcoxon
Qty - description
(1) Bie Prisend Bierer Phase Ranger Base station
with auto answer device, data cable, GPS antenna,
AC power cable and case - $ 2,923.00
(1) Bie PRIRCV Bierer Phase Ranger Field unit with
12V DC power cable, data cable and case - $ 5,360.00
Contact: Travis Walker
I 1 Ea - Bierer Phase Ranger
Field Station
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
1 LOT LS
5,360.00
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
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
PO Number Page
9146217 2of3
This number must appear
on all invoices, packing
sli s and labels.
Total $8,283.00
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. COMMERCIALDEFAIB.
Tax exemptions. By statute the City of Fort Collins is exempt from sate and level taxes. Our Exemption Number is
98-64502. Fastened Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
Goods Rejected, GOODS REI ECTED due to failure to meet sped ficaliono, either when shipped or due to defects of
damage in transit, may be retained to you for credit and are not to be replaced except upon receipt of carman
instructions fmm the City of Fort Collins.
Impassion. GOODS arc subject to the City of For Collins inspection on arrival.
Final Acceptance. Receipt of the mnxhandise, smuu,x or equipment in response in this order can result in
wiff-iced paymem as the pan of the City of For Collins. However, it is to he understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures.
Freight Terms. Shipments must be F.O.R. City of Fort Collins, 700 Wood Ss, Fort Collins, CO 90522, unless
otherwise specified oa 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 braawemd
Shipment Distance. Where manufacturers have distributing poirm in me. pans of the country, shipmeu is
expected fmm the nearest distribution point to cle irution, and excess freight will be deducted from Invoice when
shipments are made fmm greater distance.
Permits. Seller shall p.am at sellers It cast all necessary Permits, a nifiewes end licenses requital by all
applicable lass, regulations, wdimaab and ales of the state, municipality, territory or political subdivision where
the work is pedbmed, or required by any other duly cordilutd public authority having jurisdiction over the work
of vendor. Seller fuller, agrees to hold the City of Too Collins hamtless now and against all liability and loss
incurred by them by reason of vn .asserted or established violation of any such Inws, regulations, ordinances, roles
and requirements.
Autheriestion. All parties m this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority m bind said pariu.
LIMITATION OF TERMS. This I'ubrhaw Order expressly limits accepance to the mars and conditions said
herein set foM all any suppkmerary or additional Brow and conditions anneal hmem or incorporated herein by
o femme. Any additional or differmnerw and renditions Imposed] by seller are objected to and hereby marred.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dam as noted. Time is of the nsence. Deliveryand performance mast be effected within the time
stated on the purchase order and the documents mashed hereto. No wo, of the Purchasers including, without
limitation, aaupowle of,wial late deliveries, shall operate a, a waiver oftlus provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable her damages. However, he Seller shall not be liable for damages as a result of delays
due to causes not reassembly fnresmable which are beyond its reasonable control and without its fault of negligence,
such acts niftiest. acts wcivil or military authorities, noncriminal priorities, fires, strikes. fruit apideniq wars or
was provided That notice of the conditions causing such delay is given to the Fibromas within five (5) days of the
,I— when The Seller firs, received knowledge former In %a bent of any such delay, the date of delivery shall be
extended for The period equal to the time actually last by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable
drawings, specifications, samples mdbr other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the Purchaser hamtless fmm any loss, damage or expense which the
Purchaser may super or incur on account of The Sellers breach of warranty. The Seller shall rplme, repair or make
good, without cost to the purchaser, any de@cts or faults arising within one (1) year or within such longer prod of
time as may be prescribed by law or by the toms, of my applicable wamnty provided by the Seller after The date of
acceptance of The goods fumishd hereunder (acceptance not to be unreasonably delayed), resulting from etwo rf T
or defective work done or malmals famished by dive Seller. Acceptance or use of goods by the Purchaser shill not
constitute a waiver of any claim under this waraary. Except w otherwise provided in this pubrhase order, the Sella
liabilIV 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 of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal mums by wrinen change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to The terms, other than legal terms, including dditiota to or delelioru fmm
the quantities originally ordered in the specifications or drawings, by verbal or writen change order. If any such
change affects the amount due or the time ofperformarec hereunder, an equitable adjustment shall m made.
6. TERMINATIONS,
The Purchaser may at any time by written change order, terminate this agreement as to any or all ponims of the
goods then not shipped, subject to any equitable adjustment botweet The parties ns to any wink or materials then in
progress pmvidwl that nhe PrucMser shot] not be IiMle Nr any chums for anticipated prate, on rise completed
portion of 0te goods and'or work, for incidental or consequential damages, and that an such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers shadard stock. No such mraination shall relieve
the Purchaser or the Seller army oftheir obligations as to any gourds delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for ack-br era mon be ®sued within thirty (30) days from The date the cR age or mmioation is
ordered.
8. COMPLIANCE. WITH LAW.
The Seller warrants that all goods sold hereunder shall base been produced, sold, deliveed and fumishd in stria
rnrpli:mm with all applicable laws and regulations m which foe goods are subject. The Seller shall execute and
deliver such documents as may be required to effect w evidence compliance. All laws and regulationsrequired to be
incorporated in agreements of this character are hereby incorporated herein by This reference. The Seller agees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser a, a result of The
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey This order, or any monies due or in become due hereunder without The
prior wrnen consent of the other party.
10. TITLE.
The Seller warfanrs full, clear and marinated title to the Purchaser for all equipment, mmerials, and items furnished
I. perfomanw of this agreement, free cad clear of any and all Iran,, restrictions, resa.liorts, security w erein
encumbrances and claims of others.
I L NON WAIVER.
Failure of the Purchaser to insist upon strict peformance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure ,, promptly notify the Seller in the event of a
breach, the wexpsence efor payment for goods hereunder or appmwl of the design, shall not release the Seller of
any of the warrici ice or obligations of this purchase order and slndl 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 pur awed
oral modification or rescission of this purchase order by the Purchaser opemm as a waiver of any of the terms
most
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser, use ognim tom in actual ec c practice, overcharges resulting from wttilrost
violations are in fact home by the Puchaer. Theretofore, for good cause and as consideration for rmcuTing this
purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now, have or hereafter
acquired under federal or sale antitrust laws for such coverehimpas relating to the particnlar g.ads or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
I lithe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser ad the Seller, and the Seller thereafter indicates its inability or madhngness to comply, the Purchaser
may cause the work to be performed by the must expdider s maser¢ available To it, and the Seller shall may all
cosu associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any mum,
resahing from the performance of such work.
This release Shull apply even in the event of fault of negligence or tire party refused and shall extend to the
diralon, oBlccrs and emPloyeea of such Party.
The Seller's contamuzl obligations, including warranty, shut[ not be deemed to be rducd, in any way, because
such work is performed m caused to be perfaTmed by the Purchaser.
14. PATENTS.
Whenever the Seller is required 1. sex any, design, device, material or process covered by tenet, pe auk trademark
ar ox yr lo. The Seller shall indemnify and save harmless the Purchaser from any and all claims for infdngemew
by reason of the use of such paamed design, device, material or process in cormorants with the contact, and
shall indemnify The Purchaser for any cost, expense or damage which it may be obliged to pay by reason ideal
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended ace of the goads, is in such suit held to consulate infringement and the roo of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either prsuure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfdnging equipment, or modify it so it becomes ooninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or baNtapt make an assignment fix the bwefit of crdimrs, appoint a
receiver err us trtee fix any of the Sellers property err business,
sine, this order may forthwith he,canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftemts vsd or the iumnucation of the agreement and the rights of all parries hereunder shall be
connmed under and govemd by he from of fie Stare of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
Including the services of Sellers Representative(s), on The premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall wry on said work at Sidles own risk until The same is fully completed and accepted, and shall,
in ase, of any aecident, destruction or injury to the work ad/or wtmaH before Settees fwl completion and
acceptance, complete the work a1 Settees own expo. and m the satisfaction of the Purchaser. When materials
and equipment are fum¢hed by others for installation or creation by the Seller, the Seller shalt receive, unload
store and handle same at the site and become responsible therefor as though such waria6 and or equipment
were being fumishd by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide far The payment of workers compensation, including aciffi ioral
disease benefits, to its employees employed on or in cormeetion with the work covered by this purchase order,
cracker to Their dependerm in accordance with The laws of the wage in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contacwl and automobile public
liability lowercase will bodily injury and death limits of at least S300,000 for any one person, S500.030 for any
me ntaldem and property damage limit par redden, of S400,000. The Seller shall likewise require his
owassamrs, if any, m provide for such compensation and insurance. fief any of The Sellers or his contractors
employees shall do any work upon The premises of others, The Seller shall famish the Pumhoser with a cnficam
that such compensation and insurance have been provided Such ceniticates shall specify The date when such
compensation and insurance have been provided. Such certificates shall sperit'y the data when such compensatiun
and insurance expires. The Seller agrees Thar such compensation and insurance shall be maintained unti l nor the
entire work is completd and wrePTed.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
Thc Seller hereby assumes The ablice respme ibiliry and liability for any it all damage lass m injury army kid
or suture whmsaven To persons err propery caused by m resulting from dre esecudon ofthe work provided fir in
This puchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of The Pubrhosers officers, agcna and employees from and t guis, any and all claims, losses, damages,
charges or expenses, whether direct or indirect. and whether to persom or property to which the Purchaser soy
be pm or subject by reavan of any act, action, neglect, omission or default on the pan of the Sella, any of his
contractors, or any of the Sellers or contractors oRcers, agents or employees. In ease any suit or other
proceedings shall be brought agaire tba Purchaser, or us officers, agents or employees at any time on recount 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 olBcers, eganTs or employees as aforesaid, The Seller hereby agrees 10 assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all rotor charges, runways fees and other expenses,
any and all judgments That may be hummed by or obtained against The Purchase or any of its or their officers,
agents err employees in such of. ar other pruccodirds. and To case jdgmcm or other lien be placed upon m
obtained against The property ofthe Purchaser. or said paria is m re a retch of such suits m order praedings,
The Seller will at ones came the ante to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall have all salary precautions, fiunish and install all gas & mu wary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Acrof 1910 and all ales and regulations issued pursuant thereto.
Revised 07/2014