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Home My WebLink About507582 ACLARA TECHNOLOGIES LLC - PURCHASE ORDER - 9125080Fort Collins Date: 09/18/2012 Vendor: 507582 ACLARA TECHNOLOGIES LLC 945 HARNET DR HAZELWOOD Missouri 63042 PURCHASE ORDER PO Number Page 9125080 1of3 This number must appear on all invoices, packing els. slips and lab Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 09/18/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price Web Portal (per FRP #7328) and 1 LOT LS 1,331,038.00 Demand Response (per RFP 7329) solutions for Advanced Meter Fort Collins (AMFC) project. Project is funded in part by a Smart Grid Investment Grant (SGIG) Funding Opportunity from the Department of Energy. This grant is referenced as DOE Award No DE-OE000357 Per terms and conditions of the Contract. Web Portal 2 Demand Response Management 1 LOT LS 1,563,911.00 System (DRMS: Back Office) 3 Demand Response Services 1 LOT LS 1,807,636.00 4 Demand Responce Devices 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 1 LOT LS 1,544,421.00 Total $6,247,006.00 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 James B. O'Neill Il, 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 PO Number Page 9125080 2of3 This number must appear . on all invoices, packing slips and labels. Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tends and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions.❑ystxmm the City of For Call ins is exempt from state and local taxes. Our Exemption Numbah, 11, NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Faller, of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colocula (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the deop . shall not release the Seller of Goads Rejected, GOODS REJECTED due to failure m me., specificaiors, either when shipped a, due to defects of any of the wrommies or obligations of this putebnse order and shall not be diamond a waiter of any right of the damage to Instant, may be remind to you far credi, and are not to he replaced except upon receipt of walnut purchaser to insist upon said Pert ransom hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of I Collins. of when shipped, received or camptd, as to any prior or subsequent default hereunder nor shall any pu ,amed col modification or rescission of this purchase order by the Purchaser operate m a warner of any of the terms Inspection. GOODS are subject o the City of Pon Collins inspection on art hereof Final Acceptance. Receipt of the merchandise, services of equipment in response m this cola cat result in 12. ASSIGNM ENT 012 ANTITRUST CLAIMS. amhodaeJ N,aned on ,he pan of the City of Fon Collins. Howo'er, if rsdood o be undethatFINAL Seller and me Purchaser recognize that in actual monomin pocroc, o acher eo resulting from aatiwst ACCEPTANCE lsdependent upon completion ofall applicable acquired inspection procedures violations are in fact home by the Purchases. Themofine, for good cauu and in consideration for executing this purchase all the Sella hereby assigns to (lie Producer any and ail claims it may now have or hereafter Freigh, Terms. Shipments must be FOAL. City of Fort Collins, 700 Wool St, Fort Collins, CO 80522, unless acquired under federal or ante cartoon laws for such overcharges relating to the particular goods or services omesxris, s,ecifid oa this order. If permission is given to prepay frmi do and charge separately, the annual freight purchased or acquired by the Pural sser pursuant o this purchase order. bill most accompany invoirc. Additional charges for Pocking will not be are pled. 13. PURCI IASIiI S PIiRI'ORMANCE OF SELLERS OBLIGATIONS. Shipment Iisunce. Where manufac,urers have distributing points in various part of the country, shipment is Ifire Purchaserdircasthe Seller to correct nonconforming or defective goods by a dam to be agretl upon by the -,band fmm the nearest distribution paint a destination, and excess freight will be Jediamd from Inx'oice when Purchaerand the Seller, and the Sella,hereatter indicates its inability or unwillingness fo comply, the Purchaser shipments am nude from ma distance may cox the work to he performed by the most expeditious meters available to it, and the Seller shall Pay al I costs. associated with such work. Permits. Seller shall proctam at sellers sole cost all necessary permits, cenificams and beenses not by all applicable Laws, traditions, mdiounces ;and rules of the state, municipality, board, or political subdivision where the work is performed, or mgnireJ by any other duly constituted public .a dhority ludd,jurisdiction over the work of vender. Sell,, Ibnbe, agrees a, bald the Clry if port Collins hand... from and against all liability and loss incurred by them by Trion of an asserted or established violation of any such laws, regulmloaa, ordinances, dies and rmuiranems. Anthoizlnion. All Palles to this contract agree flat (lie rgnesntmtivcs are, In bar, bona fide and possess fell and ontplefe authority to bind said Trades. IJMI I'A'I'DON OF 'II'RMS. This Paneh:ui Order cxpl'cssly ninthfe s aeMptnnce to the mans and conditions slated herein set fool, and any isimadanaary d additional Icons and conditions annexed hoed, or incorporated herein by caflum oe. Any ud, i6oml err different forms and candilions proposed by seller ere all exed to and hereby rejalod. 2. DELIVERY. PLEASE ADVISE PURCHASING AGLNI' innncdidely ifyou cannot make complete striparent to amve on your forrnlsed delivery date as aural, lime is of,bc essence Delivery and performance muss be effected within the time stead an he purchase .,,let :red the di but, attached M1erem. No act of he PuoM1asen including, will hadmion,a.... .be of pmial late delivorics, shall operate as a waiver oftM1is provision In the mind army delay, the Purchaser shall have, in addition to other legal and ambible formal the option of placing this order elsewhere and holding ,he Seller liable for damages. I Iowma, the Seller shall not be liable for damages us a result of delays due in souses not reasonably foreseeable which am beyond its rcaeonable control and without its fault of negligence, such vas of God, able, all or military amhonlies, goeenrol priooties, fire, stokes, flood,eamde nuts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) dap of me time when the Seller lint received knowledge thereof. In the neat of any such delay, the date of delivery shall be extended for me period equal to f a, time actually lost by reason of me delay. 3. WARRANTY. The Seller wmrams that all gams, anicln, materials and work covered by this prier—11—fr— wire applicable journal specifications, samples offer other descndiom given, will od fit for the purposes inlendd, and performed with fit, highest degree of rare and compcmns, in accordions, with accepted standards for work of a similar name. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which he Purchaser may suffer or incur on account of the Sellers breach of ooda .The Seller shall replace, repair or make Road, without be,, the purchaser, any dcfeds err fault arising within one (I) year or within such longer peood of time as may be prescobrd by law or by the ferns of any applicable warranty pomaded by the Seller after he dale of acceptance of the goods finished hereunder (acceptance not to be unreasonably delayal resulting fmm imperfect or defective work done or materials modified by the Seller. Acceptance or use of goods by ,he Purchaser shall not constitute a waiver of any claim under this warranty. Except as; otherwise povided in this purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the (,,bin, w'amendex or...rapipes, btu tech liability shall in no event include loss of pofits or loss of use NO IMPLIED WARRANTT Y OR MERCHANTABILITY OR OF FII NESS FOR PURPOSE SHALL APPLY. 4. CI LANCES IN LEGAL I RMS. The Purchaser miry make changes to legal forms by written change order 5. CHANGES IN COMM ERCIAL'I ERMS. Lee Purchaser may make any changes to the ternfs, other than legal terms. including addition., to or delefos from fhe quantities originally ordered in the xpecincmions ,r dmwingu by verbal or wnnen change order. If any sad, change affect, the anm.ml doe nr dbc time of lia brmnnc hereunder, in equitable adjustment shall be made. L. 1 ERMINA'I IONS. The Purchaser may s tiny time by written dtangc order, I'm i,nfc this agreement as to any or oll punions of In, ...de tied not shipped, snbi-I,, dry equilable mljunmern between the paries as to tiny and, or materials then it ,,ogres provided fua the Purchaser shall not be liable fin any claims for anticipated profits tun ,he uncompleted proon of the goons offer work, for incidental or curet trod damages, and that no such achrodu tut be made in favor ipme Scllcr with aspaet do any goods which are the Sellers standard stock. No such mrmination And reldevc the Parchawr or the Seller of any of their abligmi,ns as to any goods delivered hereunder. ]. CLAIMS FOR ADIUSTMENT. Any claim for adjustment must be arsenal within thirty (30) days from the date In, change ad mnninai.n is pull C COMPLIANCE WITH LA W. The Seller wmrams that all goods sold hereunder shall have been produced said, delivered and fumishd in strict compliance with all applicable laws and regulaicts m which the faces are subject The Seller shall execute and deliver such documents as, may be required to effect or in ifinum compliance. All laws and regulations require to be na orpommd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify, .and hold the Purclturr hadmleas from all costs and dards es suBcae by the Purchaser as a muff of the Sellers failure to comply with such law. 9. ASSIGNMEN F. Neither may shall assign, roaster, or convey this Dde, or any monies due or to become due hereunder without the pier gained codxm of me other prey. 10. TITLE. The Seller uurwas full, clear and unrestricted title to the Purchaser for all equipmenl, =tenets, and items Industrial in performance of this agreement, free and clear of any and all liens, remietioov rehenaione, weunty interest encumbrcnen and claims of others. The Seller that release the Purchaser and its contractors of any tier from all liability and claims of any nature reselling front tire performance of such park. This release shall apply even in the evar of fault of negligence of the piny relived and shot[ extend 1. the directors, officers and employees ormch Party. The Sellois cam oalual nh1h ntions. including warranty, shall not be deemed to be reduced, in any ss'ny. because such work is peri nncd nronset e, be Porforn¢ I by,he Pnrchasa. 14, PA I'INI S. Whenever Seller required to use dry alnsign, Jev material or pro red by lever, potent, trademark or yri a roes... of the Seller shell indemnify and sore M1mmless the al Purchaser front any and all anima for infringe, end by shall of the u of such for need design, mine material or pan ,reran pay the arson of and art is shall indemnify fhe Purchasertodaring tin any case, expense or damage which it maybe obliged tow by reason ofsuch my pan threat a any ern intended during the prouemi a or after the ca t, eld 1 of the work. In case mid ad the ere or any pan'madl is, elan sapin use he me grads, is in such suit held ,. ndnattiif, infringement and the use he sail equipment or an is continue us the Seller shall, nt its awn expense and at its op,ioa, either Procure for he Purchaser the right an ¢mtinu, sing said equipment or pans, replace the same with substantially equal but ani nnGinging equipmem, or modify it so it becomes nonininfnnging 15. INSOLVENCY. If the Seller shall become insclvenl or hrnkmpl, make an assignment for me benefit of cred ads, appoint a receiver or trustee for any of the Sellers properly or business, this order may bombsight be canceled by the Puahasor without liability. 16. GOVERNING LAW. The definitions offends used at the iatimmudon ofthe peppercorn and the rights of all parties hereunder shall be combat odor and ... mind by he laws ofthe Sure ofCcloodo. USA The follow, Addilimpt Condiliods apply may in saw, where be Sella is 1. perform work hereunder, including the.alert of Sellers Repmxnitiv,(s), ma the premises of others. 17. SELLERS RESPONSIDILD Y. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destmction or injury to the work and/ar materials before Settees final completion and acceptance, complete the work at Seller's own expense and to the sarisf xion of the Purchases When materials and equipment are barrister] by,,he. far installation or erection by the Seller, the Seller shall receive, unload, store and handle same it the site and become rexp nxible therefor as though such materials anchor equipment were being fumishod by the Seller under the order. 18. INSURANCE. The Seller shell, ;if his own expanse, provide far 'he yanal of workers c.mpmeonam, meludmg occupational disease benefits, to its employees employed on or is connexion with the work covered by in,, purchax order, curb., to their dependent is accordance with the laws of the state in which the work is to be dune. The Seller shall also curry enunpr liensive gmetal liability including, but not limited tat, contractual and rumembile public liability insurance with bodily injury and dead, fruits afat least $300,000 for any one Tenon, $500.000 for any ecidau and Propo ly I igc limb per rccidem of $400,000. The Seller shag likewise require his . it a,ny, I. provide for urh , mpenoation and insurance, before any of tit, Sellers or his conouctux employees shall A. any work nsur the have beralaws applied, id d Such c anal furnish all specify Purchaser wit r certificate such caul such cmnpcn incur anal insurance been have been umridcd. Such calls specify shall specify Ise data when such umP crane, rod insurance have been agrees flud e c Suchpensation a shall specify the doe when such c nit aft r the and a ,spine. Poe dSol a acc pedlltnt sndt compensation and insurance ,hall be mainlined umil ,her the entire work is completed and accepted 19, PROO ECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ruonex the anire responsibility and liability for any and all damage, loss or injury of ny kind or nature aandaver to Persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold headless the Purchaser and any cr all of the Purchasers .niters, agents and employees from ss and against any and all claims, )owes, dames ag, harges or expenses, whether direct or indirect and whether to persons or propery to which fire Purchaser may be put or subject by reason of any act, action, neglect, omission or default on Ise put of the Seller, any of his contractors, or any of the Sellers or contractors officers, agerts or employees. In caw any suit or Omer proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by drawn of any an. action, neglect, omission or default of the Seller of any of his cannon or any of it, or their ogicent agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expose, to pay any and all case, chaagn, anomeya fees and other estimates, any and all judgments that any be incurred by or obtained agaimd me Purchaser or any of its or them ogicers. agents or employees in such suits or other proceedings, and in case judgment or offer lien be placed upon or obtained against the property of the Purchuser, or said parties in or as a fault of such suits or other proceedings, the Seller will at once cause the some to be dissolved and discbame by giving bond or otherwise. The Seller and his contrvemrs shall take all safely precamions, famish and initial[ all guards necessary for fire prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Heart Act of 1970 and all rules and appliances issued pursmnt thereto. Revised 03n010 Excluded Parties List System Page I of 1 Search - Current Exclusions ,Advanced Search > Multiple Names > Exact Name and SSN/TIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency 8 Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login Report Search Results for Parties Excluded by Firm, Entity, or Vessel : Aclem As of 26-Jul-2012 10:32 AM EDT Your search returned no results. 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