HomeMy WebLinkAbout105347 ITRON INC - PURCHASE ORDER - 9111730PURCHASE ORDER 9 Number Page
City of PURCHASE
9111730 t of 2
t Collins
I ns This number must appear
` " �7 on all invoices, packing
slips and labels.
Date: 03/29/2011
Vendor: 105347
ITRON INC
2111 N MOLTER RD
LIBERTY LAKE Washington 99019-9469
Ship To: CUSTOMER INFORMATION & SE
CITY OF FORT COLLINS
117 NORTH MASON STREET
FORT COLLINS Colorado 80524
Delivery Date: 03/29/2011
Buyer:
OPAL DICK
N ote:
Line Description Quantity
Ordered
UOM Unit Price
Extended
Price
Itron Hardware Maintenance 1 LOT
LS
15,341.10
411/11 thru 12/31/11
Total
$15,341.10
azx�O
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@tcgov.com
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Terms and Conditions
Page 2 of 2
I. COMMERCIALDETAILS.
Tex exempbens By name the City.f Pon Collins in eamge farm state and heel Uses Car Exemption hurler is
11 NON WAIVER.
9RM502. Federal rivets, TM, Eamptmn CeuditeMe of Registry 8el-6MIORT is mannered with the Collector of
Failure or the Purchaser to m ice own .,let perfnmtantt or the terms nM conditions harm[ fail,,. or Aeky to
Inmmal Rcycne. Denver, Colorado (Rer. Colorado Revised Shores 1973. Chmmt 30-26, 114 (a)
nerctic nay right, or remedies nevided h.eon or by low, failure to pmnTlly only tom Seller in the even, of a
breach, the necepmnm of or Payment for goods meander or nlgtmval o'the design, %hall not mleae Ihe Seiler of
Goods Rejected. GOODS REJECTED dote in random to men meet Rcallom. Mother when shipped or due 1. defcros of
any .(,he wwmmj. err obligation, of 1111, puns nNer mad shall now hedcemed a wnivm of any right or the
damage in mmsik may he mounted to you fee code am arc not Ie be mpin¢d care,. vents e[eiu, of women
mrtehnxr In Insist nu m atria Performance Immune no any of its rights or remedies as to any such gads. regmdleu
inatmoiem farm the Ciry or Fort Collins
of whom sblmed, wo,sw d or acceped, as to any prim or nohammam defmh hereunder, ,err shell now Pumnned
nml mediocanjn or nowissinn of Ihin nrcham nMer by the IWrchmer numb an a waiver of mry of the terra
beseeches. GOODS am abjeel In the City ofFm Coffonx makelnnn on arrival.
hems
Finn] Acenhoure. Resign of the m.haojx, services in equipment in resnnse In his nNer an resin, in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
aoudad onymcml on she pm of the City of Furl couse, However, it ca In be uoemnd last FINAL Seller and the Purchaser reeomm..]nt in actual cremorric practice, overcharges motion, (man an urnat
ACCEPTANCE is dmendm area completion ofoll stockade tceuiml directors Pmecdntm. vinlmmm arc in fact Max by the Purchaser. Themnmm. for gel one rid as considered. for asecoling thin
purchase coder, the Seller hereby assigns m the Poimhexr any and all chime it may new have or hereafter
Frdghl Terms . Shipments must he P.O.W. Cjry of Fort Collins now Wood St., Fon C.11m , CO 90522, unless acquire] under federal or mole indent laws For, such ov.her on mialiq in the puninlar gouda or cervices
robnewix a occoled arm thin oNer. if permission is given to pepey bright and charge s¢pamtely, the original height purchased or accrued by the Pumhexr nnronrl to thin Purchase ender
hill marl mcmnnny loonies. Addremod charges for packing will In he accepted.
U. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS.
Rhinmmn Di,mote.. Where maml@cmme, have dislnhusing Poison In vmintm arm of the mum, nblueem i% Ifthe Pumhmndimetarhe Sellmmcc se mmm( ingordekom cgra hyadamm Magoecdupnnbylhc
mpecsed farm the a.. detrllnnlm heart In dolimdm, and excess f cigla will be deduced! fmm Janke when Purchaser old Ihe Scller, and the Seller therc,fer indicates its inability or unwillingness to comply, the Purchaser
shoaeso, me made farm Rle ster distance. may Huse the work . be serfomucd by he moat mpedilinew mess available in e, ao the Seller sbell nay all
.In namin ed wish such week.
Permit,. Seller soot[ roar vre M sellers sole .1 all xcesary pemias couifenes am lianas worm d by ell
applicable laws. maulndnn, mad m mes nod owl. ofIhe main, mmiegnliry, rtmmary in pnlilmod subdivision where
the work I, forenamed. or manual by any other duly em%ommd public southern, hiving jnnadichis over the weak
of vmdar. Seller Fonder agrees to hold the City of Fan Collins harmless firm and spirit all liability and Inns
imor m l by them by ..on M an assured or cihMi,in d solution of any such laws. rep dmln,, oNlnnces, wiles
and no'docmnm.
Autharlmtim. All parries to shin comet %gee Ihat the representatives am, M feel, Mara file and pouess full and
Mundane authority to bind aid Moro.
LIMITATION OF TERMS. Thin Per ham (fader emrecdy limits necernmee to the moms and comiti,ms mamd
heron xl South,o any apnlmentary or additional ..rid cndojnx a ... xed h.te m memPrmtamd harm by
mini Any addNanl mdi[ferenl temp rid cradiation pmPrmed by se]kr are rimecled,n aml hereby elected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT morn imely if yen mmnno make cmnPke shipnem In mmve no year
Promised delivery it.,. as noted. Time is of the casmx. Delivery, and personalism, m.I be eRwlcl within the tome
mated oa be purchase order and the documents mhchcd h.cm. No only of the Purchasers Including, without
nndsnlm., eceromme of nrlial late deliveries, shell unclear as a walacr of this pmvbion. in the evert of any delay.
she Purchaser shall have. In addition to river km1 and Minable, n remedies, the onion ofnlaong thin more, ebewhscom
oval holding the Seller liable far damages. However, Its Seder shall now be liable far damages so n mad, of dct.,a
due to ceases rim rewmsbly far. MiMe winch Me hionnol In answerable en.ol nod woh.n its fault of negligexe.
such act, ref God. nets of evil or military nmhontics, owemmenlnl Pnnnhm, Pass. strokes Dad, epidemics, wars in
news mnsidd that meoce of the conditions missing such do is given no lbe Purchaser within five IS) rims orthe
lime whom the Sell. Mt received knowledge thee.( In the even, of vary such dclii , IM1e rime or racier y shall he
conceded her she period equal In the time aerially Tool by rearm of the delay.
3. WARRANTY,
The Seller wemnle that all grinds modes, mountain end weak nveml by this oMe, will conform wish Mroke.hle
drawings, mecifcatione, samples and/or other desomptinew given. will be nl for the Pumox, measured. and
perfnmM WIh the highest degree of cam and-comtamnce In accordance with earned warrants for work of a
miler name. The Seller Moi no hod the nrehmcr harmless, rem any eras. thmnm or cannon, which the
Purchser may sorter m incur ern scam of Me Sell. hems nrwammy. The Sell. shall real., "nor make
good. witMmt ces, m the mnehnw.. any befesta err fnalts moaing whhtn one (D year m wdhm such long. nenod or
sources may be pmxrtbo by law nr by the team of any elglicable wamnty Provided by the Sellrr after the dote of
s.epeanc, of Ise gn•d% ftmuhed hm.takr (xcepmtae now to he terminably deleyall, mission fmm imlr.fca
or defoolve work done or numerous f ixhed by the Seller. Acceniance, ou rise of gcnh by the humanism shall now
conminee a weever or., claim under wammy. Comte, a oth.wme Provided in thin Pumhmc mrst to Sell.
liability Forerunner Shall extend In all damage, neso merely atoned by Ihe h.xh of any of the smarming wommtim
ar m or shamanism bath liability shall In no novel Include less of pared
, or Insae s of NO IMPLIED WARRANTY
OR MERCIIANTADILrfY OR OF FITNESS FOR PURPOSE SIIALL APPLY.
d. CHANGES IN LEGAL TERMS,
The Nehnm may make changes to legal terms by wont. change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaxa may make any changes to The I.an. other than legal more. inddong addia.m to or delerims fmm
'be anomalous originally nNemd on race Maceflaimanow, or drawings, by verbal or wrovis clangc order . If now such
change %Rasa due ..man due or the time ofperfmmmce F<.moer, ern egsiable adjusbam, shell he made.
f. TERMINATIONS.
TIe Purchaser may at any Ilmc by written change order, terminate this agrcenent an in may or all ,motoms or IM1e
goods then and, shipped, uuhjcct In any equitable adjustment betwxen the panics as In any week or malarinls Ihcn in
progress providM art he Purchaser shall rim he (table for any claims for understM p nli n on the uxomplemd
amine write goods mdim work. Am Incidental or cmaegtamiul ravages, rid the, n such adjustment he sonde in
fnver of she Seller with mutant In may gmrh which am the Sclleen standa d muck. No such lmmmusurn shall relieve
the Purchaser or the Seller of env nflhcir otilgntins as to any µark delivered bemnder
T. CLAIMS FOR ADJUSTMENT.
Any claim For oJunmmm mvn he asserted wimin thirty On) days fmm she date the chi or termination in
oNered.
R. COMPLIANCE WITH LAW.
The Seller wemma that .II goods old mourner shell have been Produced, sold, commit anal fumished in about
compliance with all mrstaahle lawn and regulators in which she god% rim msbjeel. The Scher shall cse mse ..It
delivermoeh documents ns may heregded In office, or evidencecmmliame. All laws and replromin mquimd m be
mcomoearcd in Mo .enter of thin chamdef arc herby Incnmmmled Imunn by thin reference. The Sd1,, she. to
Indemnify no held the Pumhexr harmless firm all cmrs and dnmagm ouRoml by he Pumhexr a a moult of be
Seller &it. m com,ly with Much III.
9. ASSIGNMENT.
Neigher parry shell mjgn, mmr., or comer for maker. meany armies due our In hcerrme dx hemmdet with.. she
prim women ensml.(,he None warty.
Io. TITLE.
The Seller warrants full, clear and anmtdcted Irk in the Pomhnxr for all mnimonst. mammts, and Imes fimnhed
in performance of this agreement, face end clear of any and all lien, msnihions, reservation,, security interest
emonsibram. am claim. of mho.,
The Seller shall mlemc be Purchaser and ire .mmmn¢of nay sin From all liability so drams or a, era,,.
real", One the Performance of smh work.
Thin micem shall nearly even in the event of foils of negligence or the party released and shall emend um Ilie
direction. offm. and employees of meh puny.
The Seller's commercial Irbligni lues, Including weary shall rim he dmmd to he educed, in any way. because
.umch work in Perfeed in mused In he porromted by Ihe. ranks.
Id. PATENTS,
Wherever the Saner is aquimd In tux any deign, device. minimal or pmexu cowered by I.,, Imdernrk
or cry iglu, the S[Ilcr shall indemnify and Move hmalea the Purchaser from any and all claims far infringemrnt
by rearm of the use of inch matemd it.,,, device, ...I or pmcem. In mnnecHn with the [nlmcp and
shall indemnify the Perch... far an., coal, expense or derange which it may be obliged m pay by ..no or such
tnllingcmm, an soy time doom, be pmsmmim or after the continuous of the work. In cox sold cuhninem, or
any unrl Ihercnf or the intended hex of the gods, Is in such mill held no mnstltute in fringenmm snit lbe use of
old sentiment or Pon is enjoined, the Seller shall, el ire own extreme and at its notion, cithor pmmme For be
Purchaser the right to continue using mid equipment or parts. replace The ,soar with ,uMan kilt' .quill hat
mmoOtnging seutpmen or mcflfy it she is memory norm ringing.
15.INSOLVENCY.
It the Seller ,hall Muorm insolvm, or bankmPt make an auigament for he Fennell, of creditors, mrono n
miewer or Imaee for sat• of the Sellers psmmy or bnoxu. his oNor may fmhwoh be eameled by the
Pumhexr walool liability.
10. GOVERNING LAW.
The Acnnjnmm.r men used mile imemrcatinn ofthe mgrcemcm and the rights ofnli pries hrcundershall he
.n.mcd under nod groomed by the Iowa or um Sam of Co. odes, USA.
The fnllmdmg Additional Cooitoon reply only In cuts w)mm he Srller in I. perfrmn week hereunder.
Including the xrven of Sell. Ronnie a cat . overol, ern the patois. rforeem
IT. SELLERS RESPONSIBILITY.
The Seller shall carry ern and work nl Sallee, own rink oull be are is folly complered sod i ceelned, earl ,hall.
in x of any IeNnt dese.mn or injury to the work motor materials before Sellers that emmps.jn and
im.,k ce, .rumicm rim work .1 Sellers own.meat. and! to She atisfndom of the hxhaac. when mmmnl,
and egiommnot arc famished by onion. Iva installation or Crean, by the Scher. the Scli. shall escr e. nnlond.
%mere and handle more at the she and haranc rnnnmbk therefor an thigh such materials andtm equipment
were being nsmjeved by the Seller sod. the nrler.
18. INSURANCE
The Seller nhall, al him own en omm. Provide for the pn)m cnt of worker e.n sumo vion, including xcufashonnl
disease benene, ro its employ., enlplmed n or In cmmetiwn wish the work covered by thin pmmbam ender,
s dum in their dmendems to accordance with she lees of IM1e shoe in which she work is m IN: des. The Sellcr
shall elan nary cmmmehemwe general Inability including. he, het lie ed m, com.rhal am ammmmbile PnMic
liability iI... with Mdi y many, am[ death Enron of het Ism S3M,arrn far any me permm. S50eb0lal for any
e meNem and prnnerm dare,, Its Per ,adder. of Sd(IlbW The Seller shell Ilkewiic recone his
contractors. if any. in Provide for such cnaearin no minimum. Berm nay of Its Scllem or his contractors.
isciru ms shell do my work morn the pmmbn of.,", she Seller shall famish she Purchaser with o mrttfmm
shin such comer% ation so Insu man have ban president Such cminmles shall su.dy the date when such
comrmm us and insurance have been provided. Such cenifnsm M all speuhy she date when soh cementation
rid insurance expires. The Scharr ounces that such cooperation art aumme, shall he rommhjn.l until also the
mare week is cnmalemd and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES,
The Seller M1.eby arum. Ihe Maim mipmnlrility and liability rat any and all damage, loss or worry of em kind
in name wharawerm tammn or pmperry cmmaf by or resulting room the excnntn of she worst pmvirkdl for in
in., Purchase mdke ur in connector. bmwiah. The Seller will indemnify rid hold bamlea she Purch.... no ...
or all of the Purchanen mMce...gem, no mode rom fmm ao agMms new rid all clatma. Inure. Mmepea,
charge or expense%, whether direct or Indirect, mod wb.her to nmamn err Pm s,1. which the hanchnxr may
he Pro or sabjes, by mason of any it. action, negleel, omission or defnull on the pan of the Seller, any of on
commences, or any of the Sclkrs or cmn,elmn offic., agents or employees. In sox any snit or other
pnecedlnµs shall he bmnght against be Purches.,mI%.ifmrs, agents to cmpmycm.1 any firm n mcnnnl err
by mmnn of any an, actin, neglect amlssin m defenft or the Scllcr of any or on cnlnctln or any nlfan err
nbeir nOic.. agenss at employees on afereaid. the SeIIer hereby agrees In motimc the defense Ihonnl' and In
defend the more as she Sellers rim expense, to pay any and all cents, charges. annmeys ices and other exnnncs,
Hey oral all judgmnk. he, may he mo reed by or aMmind .gdnal the P.rcNser or any of in or %heir office..
odow, on omptmem in nab .,os In other Proceedings, and no w Iltdptan, or river I. he Placed arm no
ensured ngninnt the emery of she Pnmhaa r, In .,it nmroc. inoal ¢moil of such somas or miner pmce.ling..
IM1e Seer will a, muse vane the am to be involved mad discharged by giving bind or nth rwase. The Scher anti
his nmmcaam shall sake.11 safely pr.altratt, ftmosh ao mooll all gnarl naceswmry for she ptriennium of
ccidents. comply wall all laws ad rcpdelimm with regard in safely in hods,. boa will... IimNmor. he
Ocennlonnnl S. rkq and Health Act of 1070 and all rim rid regrind.; noted Turn at ovic r.
Sword n32oe,