HomeMy WebLinkAbout489144 SIEMENS ENERGY INC - PURCHASE ORDER - 9113703Fort Collins
Date: 06/28/2011
PURCHASE ORDER
Vendor: 489144
SIEMENS ENERGY INC
7000 SIEMENS RD
WENDEL North Carolina 27591-8309
PO Number Page
9113703 1of2
his number must appear
on all imofces, packing
slips and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 06/28/2011 Buyer:,, OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered - Price
Meter Data Management System 1 LOT . Fla 2,035,454.00
As provided in Master Services
Agreement dated June 27, 2011.
Not to exceed
(�,,..., t3. oil�sQ s�
U
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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Total $2 035 454 00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tcrtns and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the Cry of Fort Collins is exempt from state and local oxn. Our Exemption Number is
11. NONWAIVER.
98 502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is mgmaed with the Collector of
Failure of the Push. to insist upon acrid performance of the rem. end conditions hereof. failure or delay to
Informal Revenue, Denver, Colorado (Rof. Colorado Revised Stamens 1973, Chapter 39-26, 110 (a).
combat, any rights or remedies provided herein err by I., failure in pmwtly ratify the Sella in the event of a
breach, the weasmce.for payment for goods hereunder or., ramp fthe design, shall cam ¢lease the Sella of
Goods Rejected. GOODS REIE=D due to failure m mm sprciftestiom, citha when shipped ordm to defects of
my .(the wamntia or obligetiam of this pm<hase odn end shell nor k deemed a waives of aM right of the
damage in transit may be reamed to you for credit and am nor to be replaced except upon receipt of writers
Pmchaur, to insist upon stint proportion, hermfor any of i. rights or remedies m to my such goods, regardless
instruction, from the City ofFm Collins.
of whin shipped, received or accepted, as to my prior or mbsequed default bermnder, nor shall my puryoded
.1 modification or rescission of this puchase order by the Purchaser image as a waive, of my of the form
Inspection. GOODS arc subject b the Ciry of Fan Collins inspection oa grind.
hncof
Final Acceptance. Receipt of the merchandise, services or equiprng, a sespome to this ardd ran farms in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
amkrisd payment on the port of the City of Fad Collins. However, it is 10 be undemood that FINAL Sella and she Furthaser wrogrvu that in actual economic prmiee, ovarcharges resulting form nminust
ACCEPTANCE is dependent upon completion. fall applicable requited inspection pgrech rds. violations arc in fan home by the rating, Therefrom. for good cause end ss consideration for executing this
purchase order, the Sella hemby amigo to the Purchaser any and all clams it may now have a hamaer
Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Woad St.. Fora Collim, CO 80522, tad. era morl urrdv federal or some eemiwst In. for such nvrmkrges midi, to the Particular goods or services
Ottawas, specified on this order. If permission b Bidn m pri freight and charge separatel, robe original Freight purchased or acgvnM by the Purchaser pursuant m this,urebaw arch.
bill most accompany inwid, Additional charges forp&king will not k griped- '
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distant, ushem...at... have disnfloningpin. in venom porn of the counoy, abipmmt is If the Purchaser detects the Sella to correct nonconfomtingor defective goods by tidate to be agreed upon by the
expected firm the nmrest distribution point to destitution. and excess freight will be deducted from Invoice when Purchasa and the gold, and else Seller therm( er indiums its inability mormillinyress to many the Furehasa
shipments sre made fi . ppia distantt. a mute The work m be ed b the most pafram expeditious '1 bl t Y nd th S 11 h II It
Permits. Sella shall procure at sellers sole car all era., pmnita cedifirdes and licenses required by all
applicable laws, regulations, of inann,s and rates of the state, municimii,, tertiary m polmnl subdivision where
The work is performed, or squired by any other duly cautioned public amkriry having jurisdiction ova the work
of vaster,. Sella further agrees to hold the City Of For Colima harmless form and ammo all liability and loss
incurred by them by reason of m asrrded err established violation of any such laws, roplifiona ordinances, roles
aadoxmiremrm.
Andamiation. All parties to this contract agree chat the representatives are, in fad, bona fide and possess full and
complete, andu rity to bind said ponies.
LIMITATION OF TERMS. This Purchase Order exmemly limits occludes to the terms and eanditims stated
herein set fndh and any evpplementary a additional terms and conditions annexed M1ado at incorporated haein by
reference. Any additional err differom terms end conditions proposed by taller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if yOu Conn., make complete shipment to arrive on your
promised delivery dam as nand. Time is ofthe cocoon, Delivery and performance rat 1 be effected within the Time
stated on the purchase order and the documents marked hereto. No acts of the Purchasers including, without
limitation, accomancc of partial late deliveries, shall cpmte IN a waives of this provision. In the coal ofoU delay,
the Pusheser shall have, in addition to Other legal and equitable remedies; the option ofpladng this order elsewhere
end holding the Seller liable for damages. However the Sella shall no, be liable for damages as a fault of delays
due to ceases not mumnably foregcable which as beyond its rcasgnable coral and without in fault of negligence,
such acts of Gad, sea of civil or military authorities, govemmenul priorities, fires, strikes, flood, epidemics, was or
fiats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when be Seller Sort received knowledge thereof In the event of try such delay, the date of delivery shall be,
extended for The period equal m the time efinally lost by records ofthc delay.
3. WARRANTY.
The Sella warren. that all goods, articles, materials and work covered by bit order will conform with applicable
drawings, oddifica ore, samples mil/or other desm umma given, will be fit for the purposes intended and
performed with the highest degree of dare end der down in w rrdan. with accepted standards for work, of a
imflm. cargo. The Seller agrees m hold the purchaser bmnicss from any lam. datrage or exiting, which she
Purchaser may suffer or I.. on eccouOr of the Sellers hrtmM1 ofwamnty. The Seller shall sinister, grooming,
good, without cost m the purchased, any step . a faults adding within one (1) year or within such longs Peried of
time. may bi, presrnbed by Is. or by the tram of arty applicable warranty provided by the Seller after the doe of
mainland, of the goad fumisbnd hesuMef (amiptame no To be unreasonably delayed), ranking from impeffen
or definitive work done or materials firnished by the Sella. Acceptance or use of goads by the Purchaser shall cam
consrhme a waiver army claim uWa this warranty. Except as otherwise provided in this pmcbrse order. the Sellers
liability hereunder shall come to all damages proximately tamed by she breach ofany of the finegomg wrommes
err gmrented, but such lust ili, shall in no event mclude loss Ofpmfint or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The Purchase may make chmgas m lead mrtm by women change oMd.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to she terms. Other than legal ,emu, including additions m or deletions fiom
The quantities originally Anlered in the ymfifiestiom m drawings, by vabal a written change order. If Tarr such
change ended the amount due or the came ofpcffmmence hermnder, an crumble adjustment shall k made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to my or all panims of the
goads then not shipped subject to any equitable adjustment betwan the prim as to any work or morrials the, in
program provided that the Purchaser shall nor be liable for my claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or mnrequernial damages, and that no such adjustment be made in
favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Pumhara m'be Sella Of any oftheir Obligations as m any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be essmed within thirty (30) days form the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wmon. Nat all goads mid hamnder shall have been pmahmed. sold, delivered and famished in shad
compliance with all emlieable laws and reguiminns to which the gwd am subject The Sella shall execute and
deliver such documents es may be merited to effect or evidence compliance. All lawn and mpltians required to be
inforyoonal in agreements of this character arc hereby incur rammed herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from ell costs end damages suffmed by the Purchaseras a remit grebe
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, Transfer. or convey this order, or any monies due or to become due hamnda wound the
prior wrinm wren, i the elk, parry.
10. TTFLE.
The Sella warrenms full, clear and unrestricted title to the Purchaser for all equipment, materials, and items firmisbed
in paricarnmence of this agreement free and clear of any and all liens, restrictions, rogrom us, wary interest
encumbrances and claims ofothcrs.
Y Y torus mom erete eoi.a c cases pays
costs associated with such work.'
The Sella shall release the Purchaser and its crearumrs of any rim form all liability and claims of any suture
resulting from the performance ofsuch work.
This .1. shall apply even in the event of lull of negligence of the party masted and shall extrnd to the
diamors, aflicers end employees ofsuch party.
The Sella, Terminal al obligations, including wader,, shall net be deemed to k reduced, in any way, because
such work is paformad or mused to Is, pafnrmed by the Nimhescr.
la. PATENTS.
Whenever the Sella is Ter imd to use any design,device, material or prottm covered by lens, point trademark
m copyright, the Sella shall indemnity and save harmless the Purchaser form any and all claims for infringement
by saran of the use of such pointed design, device, material or procem in connection with the common, and
As][ indemnify the Forgoer find any and, expense or damage which it may be obliged to pay by remon of such
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 use of the goods, is in such suit held to constitute infringement and the one of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either immune for the
Purchaser the right to continue using said equipment or pans, replace the arms with substantially coal but
mnirefnnging equipmrn4 err modify it an it becomes nminffinging. , , , r
15. INSOLVENCY.
If The Seller shall become inmlvent or bankrupt make an assignment for the benefit of csdimrs, eo,cim a
receiver Of mutes Ira any of the Sellers proper, at busincss, this other may fMhwith be canceled by the
Pushuer witham liability. _
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofhe optimism; and the right ;fsH parties hereunder shall be
constmed under and governed by the Iowa afore State o'Colorodo, USA.
The following Additional. Candifioss apply only in rasa where the Sella is to Pap. work hacunder.
inchadingtheservicesofSellery Rep cmtive(s),m th<parmius.fothers.
17. SELLERS RESPONSIBILITY.
The Sella shall curry on mid work at Sellers own risk until the gme is fully completed and accepted, and shall,
rase i f try accident destruction or injury to the work and/or materials before Sellers final .,I.. rrd
acceldsom complete the work at Sellers own expose and to The mlisfanion of the Fomenter. When materials
and equipmen, art fumished by atbari for installation or addim by the Seller. The Sella shall receive. unload
store end handle more at the site and become fapomible Nertfm as though such mammals mrdid damming
were being fimislnd by the Scllaundm the Tied.
18. INSURANCE
The Sella shall, at his own expense, provide for the payment ofworkera c.m flora, including mxumtimtal
disuse Fort to its employees employed oa or in connection with the work cover by This purchase order,
and/or an Their dependent in mcordares with the laws of the ors an which The work is ro be done. The Sella
shall also carry comprehensive geneN liability include,. but era limited In. conaedual end ...&He public
liability I.. with bodily injury end death limits of err lean S300.00s) for any are person S500.000 for try
am occident and pow err, damage limit per accident of SmO.Om. The Seller shall likewise require his
commands, ifeny, to provide for such wmpenmtion and insurance. Before arty, of the Sellers or his contractors
employees shall do my watt upon for premises claims, the Sella shall famish he Furemse, grim a caf ifimre
That such compensation and mundane have been provided. Such certificates shall meeify the Time when such
composition and insomnm have been provided. Such cedifiums shall specify the date when such campmmfion
and trcmmma expires. The Seller agrees that such emnpensation and Inruranee shall be maintained until afia the
antis work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby sasumes the arms responsibility and liability for any and all damage, loss or injury ofany kind
or nature wharscever to patent or property caused by or salting from the execution of the work provided for in
this purchase order a in connection herewith. The Seller will indemnify and hold hoot the Purchaser and any
or all of the Pumbod, officers. agents and employees form and against any and all claims, losses, damages,
charges or expemas, whether dirt or indirect and whether to permits or papery to which the purchaser may
be pm Of subject by reason of any act, Orion, region, omission or default a the Pan of the Sella, any of his
contmdors, or my of the Sellers or comadma officers, agents or employees. In caseany suit or other
pruceediap shall be brought. ping the Purchmem or its officers, agents or employees at atime on account or
by remora Of try act, action, region, omission a default of the Seller of any of his contractors or any of its or
their officers, agents Or employees as aforesaid, the Seller hereby agrees to some the dcfwu thereof and to
defend the come at the Sellers own expense, to pay my and all costs, charges, eRome, fees and other expenses,
any and all judgmenu that may k incurred by a obtained against roe Purchaser or any of its or their offices,
agent a employees in such suits Or other Proceedings, and in case judgment or other her Is, placed upon Or
obtained against the Pmoli of the Purchaser, or said pries in or as a result ofsuch suits or other pmecedimgs,
the Sella will at once cause the mme to be dissolved and discharged by giving hood Or otherwise. The Seller and
his co nomors shall take all mR, prec0utions, famish and install all guards naesmry for the prevention of
euiden., comply weed all laws and regulations with regard to sett, including, but without limitation the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revfud o32010
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