Loading...
HomeMy WebLinkAbout489144 SIEMENS ENERGY INC - PURCHASE ORDER - 9113703 (2)Fort Collins Date: 07/18/2014 Vendor: 489144 SIEMENS ENERGY INC 7000 SIEMENS RD WENDEL NC 27591-8309 PURCHASE ORDER PO Number Page 9113703 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/17/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 Addendum - C.O. #5 per requisition 47726 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@fogov.00m 1 LOT EA 36,605.75 75 Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local axes. Our Exemption Number is 98-W502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Iatemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defects of damage in tweet, may be returned to you for credit and are not to be replaced except upon receipt of written iafmdiaa from the City of Fort Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on onival. Fiat Acceptance. Receipt of the merchandise, se or equipment in response to this order can result in aushodzed payment on the pan of the City of Fort Collins. However, it is to to understood that FINAL ACCEPTANCE is dependent upon completion of all applicable natural inspection procedures. Freight Terms. Shipments must be F.O.D., City of Fan Collins, 900 Woad St., pod Collins, CO 80522, unless otherwise specified on this order. Dpermission or given w prepay freight and charge sepandely, the original freight bill must accomcwnv invoice. Additional tlmrces for racking will not be armed. Shipment Distance. Where manufacovers have distributing points in various pans of the country, shipment is expected form the nmresr distribution in, m desritation, and exams freight will be deducted from Invoice when shipments am made form greater d name. Pamirs. Sella shall procure at sellers sale cost all necessary perils, certificates and license required by old applicable laws, regulations, ordinances and tales of Me state, municipality, temtory or political subdivision where the work is performed, or rational by any other duly cautioned public salhonty havingjanadiction over the work of sandal Seller fuller agrees to hold foe City of Fon Collins musicians from and against all liability and was incurred by them by reason of an ravened or established violation of any such laws, regulations, ordinances, roles all requirements. Andromeda.. All Partin to this mntmct agree that the represene foes are, in fact bow fide and possess full and complete anthoriry m bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits accmance m the tees and conditions stated herein set foal and any supplementary or additional mrrns and mndirions annexed hereto or incorpors ed main by reference. Any additional or Miles t reran and conditions Proposed by seller are objected ro and hereby rejected. 2. DELIVERY_ PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shaman to arrive on your promised delivery date as noted. Time is of the income. Delivery and perfomance most be effected within fe time social on the purchase order and dw docummts attached herein. No ails of the Purchasers including, without limitation, arm,firim criminal late deliveun, shoo mexam as a waiver alibis provision. In foe watt crony delay, Me Purchaser shall have, in addition to other legal and equiable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, foe Sella shall not be liable for damages ns a result of delays due to oases not rearmably fmnumble which are beyond its reasonable control and without its fault of negligence, such was of God, aces of civil a military autboritin, worromental pminfl , free, itnkea flood, epidemi.. wars or rots provided fat notice of fe conditions causing such delay is given to foe Purchaser within five (5) days of fc time when foe Seller first weaned knowledge Manor. In foe event of any such delay, foe dam of delivery shall be extended far fe period equal to Use time actally lost by reason fthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this oNer will conf with applicable dmwturp, specifications, samples andor other descriptions give, will be if, for foe purposes intended, all performed with are highest degree of tare and competence m mmnmce with amepted standands far work of o similar acme. The Seller agrees to hold the purchaser harms form my loss, damage or expew which ate Purchaser may suffer or warms woman of the Sellers breach of wwwwy. The Seller shall rpalace, repair or take good, without test to the purchaser, any def rs arm faults arising within one (1) year nr within such longer period of time as may be prncred by law or by foe is. of any applicable warranty provided by the Seller mm Me dam of w aplance of Me goods insisted hereunder (acceptance col in be u.nobly delayed), resulting from imperfect or defective work done or materials furnished by foe Sella. Acceptance or use of good by foe Purchaser shall not pmtiate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, foe Sellers liability hereunder shall to real an all damages proximately muwd by foe breach fany of Me foregoing wa 6as or guarantees, but such liability shall in nor event include loss ofpmfu 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 change to legal terms by wren change War. 5. CHANGES IN COMMERCIAL TERMS. The Purvhaar may make any chi nges to the mmv. Other than legal trams, including additions to or dtltliwas than foe qumlifc, wigisally ordered in foe specifications or drawings, by venal or wren change order. If any such change affects foe amount due or foe time of performance hereunder, an equitable supra mend shall he made. 6. TERMINATIONS. The Purchaser may el any time by wiiten change niter tcminew this .,.air as m any or all portions of foe good then not shipped, subject to my muitable adjustment between the ponies as to any work or materials fen in porgress provided that the Parma shall not be liable for any claims for anticipated profts on the uncompleted portion of the grad an i m work, for incidental or cmuequmdal damages, and that taw such eMwdm w be mnde, in favor of foe Seller with respect a any good which art the Sellers standard stock. No such Lamination shall relieve Me Purchaer or foe Seller of my of their obligations as to my goods delivered hereunder. y. CLAI MS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the the, the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants thol all goods sold hereunder shall have been produced, sold delivered and famished in strict compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and deliver such documen, as may be reviewed to effect Or evidence compliance. All laws and regulations requital m be incorporated in agreements Of this chaa on are hereby incorporated herein by this reference. The Seller agree to indemnify and hold foe Preclusion hamless form all costs and damages suffered by the Puchaser n a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, wonder, or convey this order, or any monies disc or to become due hereunder withom the prior wren consent offs, other party. 10. TITLE. The Sella warn full, clear and unnewn,wd rifle to the Purchaser for all equipment materials, and items furnished in perfomance of this agreement, free and clear of any and all liens, miniatures reservations, security interest encumbrance and claims ofofer , 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the laws and conditions here.[ failure or delay he exemise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ol'or payment for goods hereunder or approval of foe design, shall not 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 the purchaser to insist upon strict performance haeofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or sub ex rout default hereunder, nor shall any proposed oral modification or rescission of this purchase order by the Purchaser operste as a waiver of any of the terms anovE. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual a practice. is pctice, overcharges resulting from antitrust violations arc in fun home by the Purchaser Theretofore for good cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser any and nil claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharge, refuting to the particular goods or services purchased or acquired by the Purchaser pursumn to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or def ctive goad by a date to be agreed upon by fe Purchaser rand foe Seller, vad the Seller therafter indicates is inability or unwillingness to comply, the Puchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cots associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Falbar ance of such work. This release shall apply even in the vent of fault of negligence of the pan, released and shall extend to foe directors, oMO. and employees of such parry. The Sellers contractual obligations, including warranty. shall not be deemN to be reduced, in any way. because such work is performed or award to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any deigry device, mmmal or process coveted by later, plant, trademark or copyright, the Seller shall indemnify and save bombers the Purchaer from any and all claims for infringement by reason of foe use of such patented design, device, material or process in connection with foe contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during foe prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended uw of the goods, is in such suit held to constitute infringement and foe toe of said equipment or pm is enjoined, the Sella shall, at its own expanse and at its option, either procure for the Pumhasa the right so continue using said egminimal arm pans, replace the same with substantially equal bur tmninfdnging equipmrnt or modify it so it becomes msnlnf inging. 15. INSOLVENCY. If the Seller shall become insolvent at bankrupt woke an assignment for the benefit of creators, app.iat a or We for any of the Sellers property, or basinres, this oncr may foMwif be mottled by foe Purchaser Woman liability. 16. GOVERNING LAW. The definitions aftcrrns used or the interpretation of the agreement and foe rights of all panics hereunder shall be construed under anal gmemed by foe laws ofthhe Sure of Colorado. USA. The following Additional Conditions apply only in where foe Seller is to perfor work hmetmder, including foe services of Sellers RVanomm tive(s), on the prtmisn of others. 19. SELLERS RESPONSIBILITY. The Sella shall carry on said wink at Sellers own risk until den same is fully complated ant accented, aced shall, in case of any accident dnwction or injury to Me work enNor mstetizls before Sellers final completion and merparm, complae foe work or Sellers own x.,e rese and m foe silisfaclion of foe Puabawe. When materials and equipment are famished by others for installation or erection by foe Seller, the Sella shall receive, un rat d. store and handle same at she sim and become rapoaible therefor ex though such materials andor equipmmr were Lien, banished bytlm Sella under foe oNer. 18. INSURANCE. The Seller shalt. at his own expenw, provide for arc payment of workers compmsatim, including excupatioal disease benefiu, to its employees employed on or in connection with foe work covered by this purchaw order, and/or to their dependmis in accordance with foe laws of the state in which foe work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, communist and automobile public liability insurance with bWily injury and deaf limits of so least 5300,000 fat any one Person. SSW." for my e accident and properly Manage limit Per accident of $400.O00. The Seller shall likewise require his mountaors, if any, to provide for such compewtion and insurance. Before any of the Sellers or his conraors employees skull do any work upon the premises of other, foe Seller shall Put the Pushaxr with a mnifiate Mid such compewtion end momenta have bent provided. Such rmificates shall spmHy 0c dote when such compensation and insurance have been prided. Such raffiares shall specify the dale when such compewtion and insurance expire. The Seller agrees that such compensation and insurance shall M maintained until after foe entire work is complaed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fm any and all damage, loss or injury of any kind r whore whatsoever to pasom or property caused by m resulting from foe execution ofthe work provided for in this purchase order or in cmmedion herewith. The Seller will indemnify and hold hornless the Purchaser and any r all of the 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 foe Purchaser may be pm or subject by rmsan of any act. action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of Me Seller of any of his contractors or any of its or their ofccrs, Oscars or employees as aforesaid, the Seller hereby agree 1. assume fe defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, choice. attorneys, fees and other expenses, any and all judgments that may be Incurred by or obtained against foe PurcM1ver or any of in or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtinorl against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and imtall all guards necessary for fc premier of maidens, comply with all laws and regulations with regard to safety including, but without limiution, fe Occupational Safety and Health Act of 1970 and all rules and regulations issued pursmm thereto. Revised 07nO]4