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HomeMy WebLinkAbout105347 ITRON INC - PURCHASE ORDER - 9141700Fort Collins Date: 03/24/2014 Vendor: 105347 ITRON INC 2111 N MOLTER RD LIBERTY LAKE WA 99019-9469 PO Number Page 9141700 1 1of2 This number must appear on all invoices, packing sli sand labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/24/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price i MAINTENANCE CONTRACTS 1 LOT LS 9,626.52 324082 2 MAINTENANCE CONTRACTS 1 LOT LS 9,130.13 324082 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.wrn Total $18,756.65 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. C0MMERCIALDEfAIM. Tax exemptions. By samm the City of Fort Collins is exempt tram state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intemal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due in defects of damage in transit, may be moaned in you for credit and arc not to be replaced except upon raeipt of wrinen itssntscdons from the City of Fair Collins. hsspection. GOODS em stMait m the City of Fon Critics inspection on wrisal. Fiml Acceptance. Receipt of the merchandise, services or equipment in resource to this order can result in authorized payment on the pan of the City of Fan Collins. However, o is to be understood our FINAL ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures. Freight 1'emrs. Shipmeaus must be F.OB.. City effort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given m prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have deadbering painn in varicus Imes of the country, shipment is expected man the nearest distribution paint to destinstion, and excess freight will b, dNucted fmm Invoice when shipments are made fmm greater distance. Permit,. Seller shall procure at sellers sole con all mcessiry permits, certificates card licences required by all applicable laws, regulations, ordinances and males of the state, municipality, territory, or Political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Tom Cal line hamdexs fmm and against all liability and loss incurred by them by reason of an asserted or established violation 0f any such laws, regulations, ordinances, rules and requirements. Authorization All parties to this contact agree that the representatives me, in fact, bow fide and possess full am complete authority m bind said ponies. LIMITATION OF TERMS. This Pumhzne Order expressly limits acceptance to the twor s and conditions stated herein set form and any supplementary or additional time and conditions amtexed he¢w or imorynared herein by reference. Any additional or dine oat terms and conditions proposed by seller are objected m and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to worse oa your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time staled on the purchase order and the documents attached berets. No acts of the Purchasers including, without limilation, acceptance of partial late deliveries, shall opeam as a waiver ofthe, provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, Me option of placing this order eisewhem and bolding the Seller liable for damages. However, Mc Seller shall not be liable for damages in a result of delays due to woos not wasomably t table which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govenananul priorities, fires, strikes, flood, epidemics, wars or riots Provided that notice of the conditions causing such delay is given to Me Purchaser within f (5) days of the time when Me Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall M extended far the period out to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamnts that all goods, Cuticles, mamials and work covered by Nis order will conform with applicable drawings, specifications, samples and/or older descriptions given, will be fit for the purposes intended, and performed with the highest degree of care aid competrnce in accordance with accepted standrds for work of . similar ramre. The Seller agrees to hold Me purchaser Lenders fmm any loss, damage or expense which the Pumhma may suffer or incur on account ofthe Sellers breach of warranty. The Seller stall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time in may be prescribed by law or by the terms of my applicable werarty provided by the Seller after fie doe of acceptance of the goods famishedas hereunder (ave,make not to b, unreasonably delayed), resulting from im,e rfxit or defective work done or materials f ished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otheroo, provided in this purchase aide,, the Sellers liability hereunder shall extend to all dancages proximately caused by the breach of any of the foregoing warranties Or grearamees, but such liability shall in no event include loss of pmfn or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes to the tams, other than legal tame, including additions to or &[chain from the qumtices on,mdly ordered in the specifications or drawings, by verbal or written change order If any such change affem, the amount due or the time oTortionasom hereunder, an egwrible adjmlman shall be node. 6. TERMINATIONS. The Purchaser may at any time by wrinm change under, terminate this agreement in to any or all portions of the good Men not shipped, subject to my equitable a pediumat between the oasis as to my work or materials Then in progress presided Mal Me pardoner nser shall not be liable for any claims for anticipated profits an Me uncompleted portion ruffle goods andor work, for incidental or consequential damages, aud Mat no such adjustment be made in favor fifth, Seller with respect we any goods which are the Sellers smndad stack. No such tmninswim shall relieve the Pmchnow or the Seller afany oftheir obligations as to my good delivered hereander. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dam Mr change or reanimation is ordered. 8. COMPLIANCE WITH LAW, The Seiler warnings that all goods sold heremder shall have been powdered, sold, delivered and Breathed in strict compliance with all applicable laws and regulations as which Me goods are subject. The Seller shall execute and deliver such doeunms res may be required m effect or evidence compliance. All laws mat regulations required m h incorporated in agreements of this character are hereby incoryoated herein by this reference. The Seller agrees no indemnify and hold Me Purchaser hmmless form all costs and damages suffered by the Purchasar m a result of Me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to became dae hereunder without the prior winners consent of Me other party. 10. TITLE. The Seller wammas full, clear urd umewat tide to Me Purcham for all equipment, materials, and it. fan ishad in performc a of Otis agreement. fiveaud clear of any and all liens, mstnctions, netm sonatio, sniry interest anctunte.csand claims ofothers. 11. NONWAIVER. Failure of me purchaser to insist upon strict pwifwar ance of the remain road conditions hereof failure or delay ro exercise any right, or remedies provided herein or by law, failure to promptly notify the Seller in the event of s breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall net release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of Me purchaser to insist upon strict pert once hereof or any of its rights or remedies an 1. any such foods, regardless of when shipped, received or accepted, ses m any prior or subsequent default hereunder, nor shall any purposed and modifications or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Loci 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and lye Romancer recognize that in actual economic practice, overcharges resulting fmm antitrust violations are in fact home by the Purchaser. Theretofore, nfor rgood cane and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter acquired under federal or slate antitrust laws for such overcharges relating a the curricular Sued, or services purchased or acquired by the Purchaser pursuant to this purchase coder. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I the Purchaser drivers Me Seiler to correct nonconforming or defecive goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillin was to comply, the Purchaser may cause Me work to b, performed by the most expeditious means available to it, and the Seller shall pay all costa msociated with such work. The Seller shall release the Purchaser and it, contractors of any tier tram all liability and claims of any ramre resulting from roe performance ohuch work. This release shall apply even in the weal of fault of negligence of One parry released and shall extend to the directors, of,cn and employees ofsuch putt'. The Seller's contractual obligations, including warranty, shall not be deemed to b, reduced, in any way, because such work is performed or caved to be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or proress covered by heater, patent, trademark or copyright, Me Seller shall indemnify and save harmless the Purchase from any and all claims for infringement by reason of the use of such Patented design, device, material or process in connection with the comratt, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of sach infringement at any time during the p... orc ion or after the completion of the work. In case said equipment, or any pan dereaf or the intended me of the goods, is in such suit held m constimm infringement and Me use of mid equipment or pan is enjoined, the Seller shall, at its awn expense and at in option, either procure for Me Purchaser the right in continue rising said equipment or pan, replan the same with substantially equal but naninfringing equipment,or modify it w it becomes emainfringing. 15.I74S0LVENCY. If the Seller shall become imolvem or bankmpr, make an assignment for the benefit of creditors, summer a receiver or trustee for y of the Sellers pwpety or business, this Oder may forthwith be canceled by Me Puhuer, anwithout liability. 16. GOVERNJNG LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all Duties hereunder shall be construed under and governed by lye laws ofthe State of Coloado. USA. The following Additional Conditions apply only in causes where Me Seller is in perform work hereunder, including the services of Sellers Represenuano n), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the mine is fully completed and accepted, and shall, in e of my accident, destruction or injury m the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers awn expense end to the satisfaction of the Purchase, 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 sac though such materials and/or equipment were being famished by lye Seller order Me order. 18. INSURANCE. The Seller shall, ad his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work, covered by this purchase order, and/or to their dependems in accordance with the laws of the stale in which lye work is to be, done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public linbiliry, incur nce with bodily iry n njuand death limits of nt least 5300.000 for any care pesos . $500,0W for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his conloactors, if any, to provide for such comp rnsum and is e. Before any of the Sellers or his own-mrs employers shall do any work upon the premises of others, the Seller shall furnish the Perchance with a certificate that such compensa0on and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenifwtes shall specify Me dale when such compensation and insurance expires. The Seller.lptts that such compensation and insurance Shull be maintained mtil after Me entire work is completed and accepted. 19. PROTECHON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and 01 damage, loss or injury of any kind r nature whatsoever to persons or property caused by or resulting fmm me execution of the work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold hmmlce, the Purchaser and any r all a Me Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on Me pat of Me Seller, my of his contractors, or my of Me Sellers car contrmmrs officers, agents or employees. In case my wit or other pmceedings shall Ee brought against the Purchaser, m its oMr.. ogees or employees at any time en mcornr or by reams of any act, action, neglect, omissive or default of the Seller of any of his contrators or any of its or Chair officers, agents or employes as aforesaid, Me Seller hereby agrees m .. Me defers¢ Merwf and to defend Me same at the Sellers own expense, as pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that nay M incu N by or obtained against the Purchase or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his commerce, shall take all safety precautions, f ish and install all guard necessary for the prevention of accidents, comply with all haws and regulations with regard to safety including, but without limitation, Me Occupational Safety and HeaIM Act of 1970 and all rule, and regulations issued pursuant themo. Revised 032010