Loading...
HomeMy WebLinkAbout549951 BOLTAGE - PURCHASE ORDER - 9150451PO PURCHASE ORDER 9150451 Page City of PURCHASE 50451 1 er 2 ' `tCollins( This number must appear V 1' on all invoices, packing sli s and labels. Date: 01/20/2015 Vendor: 549951 Ship To: TRANSPORTATION PLANNING & BOLTAGE 281 NORTH COLLEGE 2525 ARAPAHOE AVE #E4-539 FORT COLLLINS CO 80524 BOULDER CO 80304 Delivery Date: 01/20/2015 Buyer: ED BONNETTE Note: VENDOR, PLEASE NOTE DELIVERY ADDRESS FOR UNITS ON PACKING SLIP: POUDRE SCHOOL DISTRICT WAREHOUSE ATTN: JOHN HOLCOMBE 1502 S. TIMBERLINE ROAD FORT COLLINS, CO 80524 CONTACT #: 970-490-3497 Line Description Quantity Ordered UOM Unit Price Extended Price 1 3 boltage units, RFID tags 1 LOT LS 16,131.63 Per Quote to Nancy Nichols PER QUOTE TO NANCY NICHOLS FROM BLAIR NORMAN DATED JANUARY 8,2015. 2 Local Match portion 1 LOT LS 3,353.37 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 Tends and Conditions Page 2 of 2 1. COMMERCW.DETAIM. Tax exemptions. By statute the City of Fort Collins is exempt from state and Imol taxes. Our Exemption Number is 11. NON WAIVER. 98-04502, Federal Excise Tax Exemption Certificak of Registry 84-6000587 is registered with the Connor of Failure of the Purchaser m insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorada Revised Samoan 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein in by law, failure to promptly notify the Seller in the event of a breach, the aceepar. of or payment far grads hereunder or approval often design. shall nat desse the Seller of Goods Rejecter GOODS REJECTED due to failure to meet specificmiore, either when shipped in due to defects of any Of the warrdnties or obligations of this purchase order and shall not be dnmed a waiver of any right of the damage in wmih may be retuned m you for credit and are not to be mplaced except upon receipt of written purchamr to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless imuuctians fan the City of Fan Collins. officiate shipped, received or accepted, ar to any prior or subsequent default hemandn, nor shall my purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the emu Inspection. GOODS are mil to the City of Fort Colima inspection on cancel. hareof. Final Acceptance. Receipt of the mc¢haedise, scervicu or equipment in response to this order an .11 in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fos Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in accord economic practice, overcharges resulting from antitrust ACCEPTANCE is dend peent upon completion of all applicable tequirtd iarpectiou ptmedur are in violations in fan bone by the Purchaser. Theretofore, fargoodcause and as consideration for aecming this Paribas, order, the Seller hereby assigns to the Fracbas. any and all claims it may now have or hoeaner, Freight Tenn. Shipments most be F.O.B., City of Fos Collins, 200 Wood St, Fos Collins, CO 80522, unless acquired under federal or stare antitrust laws for such overcharges relating to the paticular goods or aervicn otherwise specified on this order. If petmission is given to prepay freight and charge separately, the original freight purchased or inquired by the Purchaser parsaant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. %Yhcre manufacturers have distributing points in carious pans of the country, shipment is If the Purchaser direr, the Seller to arren nonconforming or detective good by a ate to be agreed upon by the expected f the Woman distribution point to destination, and excess freight will be deducted horn Iavoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments ore made from grater distance. may cause the work m fie performed by the mast expeditious ass. available b it, and the Seller shall Pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necttsary permits, certificate and licenses required by all applicable laws, regulations, oMinances and min of the stain, municipality, mmm,, or political subdivision where the work is performed, or required by any other duly cumtimted public authority havingjorisi iction over the work of vcMoc Seller fMer agrees to had the City of Fort Calif. hamtlns from and against all liability and lost incured by them by Mason of an co med or established violation of any such laws, regulatiom, ordinances, roles and requirements. Authovation. All parties to this contract agree that the Moven stives are, in fact, bore fide and possess full and complete au0mrity to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and conditions stated herein set fond and any supplementary or additional rams and conditions annexed hereto or incarpomted herein by reference. Any additional ar difference. end conditions proposed by seller are objecmd to and hereby rejorl 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall teems as a waiver ofthis provision. In the went of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elmwhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages ar a result of delays due to causes not reasonably finemeable which arc beyond its masonable crawl and without its fault ifim, lgmce, such acts of God, acts of civil or military authorities, govemm ucal prionties, fires, snakes, flood, epidemics, wars or flats provided that notice of the conditions causing such delay is given t0 the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended far the period equal to the time -Mal ly Just by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples condor other descriptions given, will be f for the purposes intended, and performed with the highest degree of care and continence in accordance with accepted standard for work of a similar nature. The Seller agree to hold the purchaser harmless from any loss, damage or expense which the Purchaser may wlfer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without costa the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may b, prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unreusonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages Emmanuely caused by the breach of any of the foregoing warontin or guammces, but such liability shall in no went include loss of profs or lass of mse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including ndditirm ro or deletion from the quarnims originally andered in the siamficatiom or drawings, by veAal or written change order. If any such change affects the amount due or the time of perm forance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wrince change order, terminate this agreement as to my or all portion of me goods then not shipped, subject to any equitable edjmmment between the parties as to my work or materials then in impress pmmidled that din Pureh'ner shall newt be liable far any claims fro anticipated profits on the uncompleted ,Moo of the gaud anNor work, for incidental or consequential damage, and that m such adjustment be made in favor of the Seller with respect to any gaud which m the Sell. maMad stock. No such temtinuum shall relieve the pardoner or the Seller Ofany of their obligation as to any goods delivered heremakr. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most the asmned within thimy, (30) days tom the dam the change or moratorium is ordered. 8. COMPLIANCE WITH LAW. The Seller wen is Nat all goods sold hereunder shall have been produced, sold, delivered and furnished in shoo ..,nonce with all applicable laws and regulation to which the good are subject The Seller shall execute and deliver such dmamants as may be required to effect or evidence compliance. All laws and mgulariom required at be incorporated in agreements of this character are Mosby incoryorated herein by this mferemx. The Seller agrees to indemnify and hold the Purthur harmless from all costs and damages suffered by the Purchaser ar a result of the Sellers Isidore to comply with such law. 9. ASSIGNMENT. Neither party shall arsign, founder, or convey this order, or any monies due or to become due hereunder without the prom written coma, of the other party. 10. TITLE. The Seller warrants Bill, clear and unrestricted title to the Purchaser fro all equipment, materials, end items fumvhed in performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest encumbmnrm and claims i fothers. The Seller shall release the Purchaun anal its contractors of any tier from all liability and claims of arty nature resulting from the pert ante ofsumh work. This relmm shall apply even in the event of fault of n,gligcna of the parry Orleans] and shall extend to the directors, officers and employes of smh party. The Sellers com ormal obligations, including warranty, shall not ba darned to b, reduced, in any way, because such work is pert ed or caused to be performed by the purchaser. 14. PATENTS. Whenever the Seller is required as use any design, device, material car Wicess cavend by letter, patcat, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reams of the use of such patented design, device, material in por ss in connection with the contract, and shall indemnify the Purchaser for my cost, valorous 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 cam mid equipment, or my part thereof or the intended use of the grad, is in such suit held an constitute infringement and the on of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, mplace the same with substantially equal but noninfdnging equipment, or modify it so it becomes Wainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or lonkmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee fro my of the Sellers progeny or business, this order may forthwith be canceled by the purchaser without liability. 16. GOVERNING LAW. The definitions of terms mail or the interpretation ofthe agreement and the rights of all parties hereunder shall be couswed under and governed by the laws of the State ofColoredo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreventative(s), on the premise Ofothem. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury to the work and/or mateaaH before Sellers final completion and acceptance, complete the work at Sellers own expose and to the satisfaction of the Purchamr. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andrar equipment were being fiunished by the Seller under the order. 18. INSURANCE. The Seller shall, an his own expense, provide for the payment of workers composition, including oeeup tional disease benefits, to its employees employed on or in connection with the work covered by this purchase order, ani to their dependents in accordance with the laws of the state in which the work 6 to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public holiday insurance with bodily injury and death limits of at least S3W,OOa am any are person. SSW,0W for my one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his if any, to provide for such compemsafion and insurance. Before any of the Sellers or his contractors employees shall do any mark upon the premises of to., the Seller shall furnish the Purchaser with a certificate Mai such compensation and inmmnce have Items provided Such certificates shall specify the date when such compensation and moment have been provided. Such certificate, shall specify the date when such compnsation and insurance expires. The Seller agree that such wmpenmtion and insurance shall M maintained until after the entire work is compind and mmintcL 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby contracts the entire responibility ud liability for any and all damage, loss or injury of my kind r mmre whatsoever to persons or property aumd by an resulting gram the execution infirm work provided for in this purchase mdcr m m coneetim herewith. The Seller will indemnify and hold harmless the Econometric and any or all of the Purchasers officers, agents and employees from and againt any and all claims, Imses, damage, charges or expenses, whether direct or induct. and whether as perms or prolamy to which de Pombsser may M put or subject by reusoo of my act, It., omission or default an, me Pas of the Seller, my of his contractors, o any of the Sellers or wntrecmrs oRc., agenda or employes. In cam my it .1 other proceedings shall be brought against the Purchaer, ar its aBic., agens or employees al my time on secount car by reason of any act, action, neglect omission or default of she Seiler of my of his contractors m my of its an their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defines, thereof and to defend the same at the Sellers own expense, m pay my and all costs, charge, awmrys fees and other expenses, my and all judgments that may ha incurred by or obtained against the Puncheon or my of its or their officers, agents or employees in such suits or Omer pmeeedings, and Bi even judgment or other Jim be placed upon or obtained against the property, ofthc Purcharm or said patties in or m a result of such suits or other proceedings, the Seller will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety poscaulious, fiunish and install all goods necesvry, for the prevention of accidents, comply with all laws and regulators with regard in safety including, but without limitation, the Occupational Safety and Halm Act of 1970 and all roles and regulation board pursuant thendo. Revised UL2014