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HomeMy WebLinkAbout222397 QUEST INC - PURCHASE ORDER - 3214350 (2)Fort Collins Date: 11/14/2014 Vendor: 222397 QUESTINC PO BOX 459 BRIGHTON CO 80601 PURCHASE ORDER PO Number Page 3214350 loft 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: 11/07/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum - add addtional funds per requisition 48469 lil � n' it4 l 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.com 1 LOT LS Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 I'7flidiEFt�.a�l - rl[.T{}#Tj{[.J:TC1111M. Page 2 of 2 L COMMERCIALDETAIIS. Tax exemption. By stamee the City of Tom Collins is exempt fmm some and local toes. Our Exemption Number is 11. NONWAIVER. 98-04501. Federal Exciae Tax Exemption Cenifcam of Registry 84-6000587 IS registered with the Collector of Emery of the Purchaser to insist upon lubber performance of them. and co ddion hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Swarms 1973, Chapter 39-26, 114 (a), exercise my 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 ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless intmelions from the City of Fort Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall my purported ran modification or rescission of this purchase order by the Purchase, operate as a waiver of any of the terms Inspection. GOODS are subject m the City ofFon Collins inspmtion on arrived, hereof. Firal Acceptance. Receipt of the rsrtMdiu, services or equipment in response to this order ears result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fort Collins Howeva, it ¢ to be understood that FINAL Seller and She Parishioner reeogrrise Nat in actual economic practice, overcharges resulting from antitrust ACCEPTANCE as depeMmt upw..,[area ofa11 applicable requital inspection procedures. siolation are in f t home by the Purchaser. Thereto( for good mu¢ and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or have fier Freight Tenn. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fon Collins, CO 80522, unless acquired under federal or state commit bass for such ovmchmges relating to the particular goods or services otherwise specified on this enter. If permission is givm to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pmsuser to this purchase order. hill 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 various pans of the country, shipment is Ifthe Parchaser direct the Seller to cancer nonconforming or detective goods by a dare to be agreed upon by the expected firm the nearest distribution prior m destination, and excess freight will he deductal from Invoice whin Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser Shipments are made fmm greater distance. may cause the work m be perfommed by the most expeditious mean available to it, and the Sella shall pay all .ass associated with such work. Permits. Seller shall procure at sellers sole cost all n¢essary pennies, anif.tes and limvses required by all applicable laws, regulations, indieaues and reles of the state, municipality, territory or political subdivision where the work is Isothermal, or rawral by any reduce duty.ntitutal public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of For Collin hemtless f end mins, all liability and loss incurred by them by wouser Oran asserted or o mbledial violation of any such laws, regulations, ordinances, roles and requirements. Authorisation. All parties to this contract agree that the representatives are, in fact, horn fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teen and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different twos and condition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on Your promised delivery date arooted. Time is of the attached Delivery and performance rent be sRa4ed within the time stated the purchase o order all the dacumrnt enachal hereto. No st of the Purchasers including without limitation, acceptance e,in add lion to offer le shall d equitable bl a waiver of Nis provision. Inn, rem e,my whey, the Purchna shall have, in addition a other legal and ee Seller remedies, the liable option rf placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays don to causes not reasonably Immovable which are beyond is reasonable control and without its tepidemics won or such actsidedthaceofcivil emilitary,causinggovemlayis,nannies, fires, strikes, Rood,epidemics,warserr riots provided shad afire of e the conditions caning such delay is given to the Purchaser within five delivery days of the dime when the Sella first received knowledge thereof b r the event of any such delay, the dace of delivery shall he extended for the period equal to the time meuallY Ins by reason of the delay. 3. WARRANTY. The Seller wmmnt Not all goods, articles, materials and work covered by this coda will of.. with applicable drawings, sperifiwtion, samples Simper other description given, will be fit fro the proposes intended, and performed with the highest degree of core and mmpetcace in mcc rdance with sampled standards for work of a similar neon. The Seller agrees m hold the purchaser hartnlass from any lass, damage or expense which the Pumhmer may suit or incur on recount of the Sellers breach of warranty. The Seller shall replace, rep. it or make good, without cast to the purchaser, any defect or fault arising within one (1) year or within such longer period of time m may be prescribed by law or by the lams ofany applicable warranty provided by the Seller after the data of acceptance of the goods famished hereunder (aceptance not to be memorably delayed), resulting from imperial or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall net anricure is waiver of may claim under this watranry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wanted. or gma antas, but such liability shill in m even include loss of prefix m I. of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehssa may make changes to legal terms by written change ordes. 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make any changes to the moms, other than legal terra, including addition to or deletions from the quantities originally ordered in the specifications or dmwila s, by verbal or written change order Harry such change anor. the amount due or the lime ef,erformance hereunder, aa.,unable w1jnemmr shall be made. (.TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to any or all portion of the goods then not shipped, subject to any equitable adjustment Mwe.n the panics as to my work or two rials then in progress provided slat the Provisioner shall not he Iabk far any claims for anticipated profit or the mcomplard ,onion of the goods wi work, for incidental or consequential damages, and that ran such adjustment be mile in favor of the Sella with impact on any scrods which are the Sellers mmdard stork. No such temtinotwer Shan relieve the Purchaser "a Seller ofany oftheir obligation as to my goads delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asrened within thirty, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and woodshed in strict compliance with all applicable laws and regulation to which the goods are subjat The Seller shall execute and deliver such d.nment as may be required in effect or evidence compliance. All laws and regulation required to be, ncorpomted in agreemenss of this chxmcttt are hereby incorporated herein by this reference. The Sella agrees to midmos y and hold the Purchaser homeless fmm all cat and damages mtT ed by the Purchaser. a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, Or convoy this order, or any monies due or to become due hereunder without the prior wanted consent of the other party. 10. TITLE. The Seller warrants full, clear and umestriaed tide to the purchaser far all equipment materials, and it. famished in performance of this agreement, free and clear of any and all liars, restriction, reservation, security interest encumbrances and claims of others. The Sella Shull rtkate the Purchaser all its commcmrs of any tier fmm all liability and claims of any nature resulting firm the perf mem ofsuch work. This release shall apply even in the event of forth of negligence of the party rele..d all shall extend to the directors, officers and employees of such party. The Sellai contractual obligations, including warranty, shall not be deemed to be reduced, in any way, barn, such work is pert erred or caused to be performed by the Purchner. 14. PATENTS. Whenever the Seller is required to me any design, device, material or possess covered by letter, pamnL trademark or copyright, the Sella shall indemnify and save harmless the Purchaser Ram any and all claims for infringement by forson of the ate of such patented design, device, material or process in .mcdion with the comfort, cal Shall indemnify the Function, far any cost, expense err damage which it may he obliged to Pay by reatua of such infringement err any rime during the prosecution or able the complain. of the work. In we, said aquiperal or any par Hereof or the intended use of the goods, u in such suit held to.ntinm infringement and the use of said attainment or Pan is enjoined, the Seller shall, at it awn ewpette and at its option, either procure for the Purchna the right to continue using said equipment or part, replace the same with substantially equal but nordufnging equipment, or modify it so it becomes naninfnaging. I S. INSOLVENCY. If the Sella shall become insolvent or banlnupt, make an assignment for the benefit of creditors, appoint a reCaV f or datte. far any of the Sellers property or business, this under may forthwith be canceled by the Pomhasa witlwur liability. 16. GOVERNING LAW. The definition oftentns ward or the intapraamn of ate agreement and the rights ofall parties Meander shall be conoved an der and governed by Ne laws offs, State of Colorado, USA. The following Additional Condition apply only in cases where to Sella is to perform work haemda, including the services of Sellers Rcormad tiv,(s), on Ne premisea of orders. I?. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Seller's own risk mail the same is fully completed and accepted, and shall, in e of any accident, destruction or injury m the work mdtor mrderiak before Sellers burl completion and mcepmn., complete the work at Sellers own expense and to the sabsfadim of me Puchaer. When materials and equipment are fumishal by others for Installation or erection by the Sella, the Sella shall receive, unload, stare and handle same err the site and became responsible therefor as though such materials amUor equipment were being famished by the Sella under me order. I S. INSURANCE. The Sella shall, at his can expense, provide for the payment of workers condensation, including Ocuptonl disease benefit, to its employees employed on or in connection wit file work .vered by this purchase order, andior in their dependents in accordance with the laws of the mate th which the work is to he done. The Seller shall also carry comprehensive gees col liability including, but not limited to, command and automobile public liability inumnce with bodily injury and death limit of at least 5300,000 for any one person, $500,000 for my one ccident and property damage limit per accident of 5400,000. The Sella shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of orders, the Seller shall furnish the Purchaser with a certificate that such compensation and borrowers have ban provided. Such comfirsom shall specify the date when such compeeation all inumnce have been provided Such ecnifimrts shall Specify the date when such compensaton and insurance expires. The Sella agrees Nat such compensation and insurance shall be wainained ..,it 0a the aware wank is.mpleted all accepted. Is. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my all all damage, loss or injury of my kind or name, when aver to person or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchase, and any r all of the Purchasers officers, agent and employers from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether m persons or property to which the Purchaser may be pat or subject by reason of any not, action, neglect, omission or default on the Pan of the Sella, any of his contmcmrs, or any of the Sellers or contractors officers, agents or employes. In rose my suit or other proceedings shall be brought against the Purchases, or it officers, agent or employees at my lime on account or by reason of my st anon, neglect, omission or default of the Sella of my of his contractors or my of it or then obicers, agents or employees as aforesaid, late Sella hereby agrees a aastnne the defense thereof and to defend the same at the Sellers own expense, to pay my and all eats, charges, attorneys fees wall other expenses, Say and all judgments than may be banned by m obtained against the Purchaser or any of its or their officers, agents or employees in such suits of other preeedings, and in case judgment or other lion be placed upon or obtained against the prepay adds, Porcbasa or Said parries in or as a result of such suits or order proceedings, the Sella will at once cane the same m be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precaution, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to $stay including, but without limitation, the Occupational Safety and Heath Act of 1970 and al I rules and regulation issued premium thereto. Revised 0741014