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HomeMy WebLinkAbout504949 SIEMENS INDUSTRY INC - PURCHASE ORDER - 9144013Fort Collins PURCHASE ORDER Date: 07/17/2014 Vendor: 504949 SIEMENS INDUSTRY INC SMART GRID DIVISION 4920 WESTWAY BLVD SUITE 150 HOUSTON TX 77041 PO Number Page 9144013 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/16/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i SOFTWARE MAINTENANCE & SUPPORT 1 LOT LS 34,706.67 50184208 Total $34,706.67 Pay terms net 30 days Invoice Address: 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 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@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By stature Ne City of Fort Collins is exempt from state and inert taxes. Our Exemption Number is 98-04502. Federal Exche Tax Exemption Ceniicam of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure 1. meet specifications, either when shipped or due In defects of damage in transit, may he rearmed to you for credit and are not to be replaced except upon receipt of written instmetions from the City of Fan Collins. Inspection. GOODS are subject to the City of Pan Collins inspection on interval. Final Acceptance. Receipt of the merchandise, services or equipment in response to Nis Omer can result in authorized payment on the pan of the City of Fort Collim. However, it is to be understood that FINAL ACCEPTANCE is dependent upon wmpletian of all applicable required impaction procedure. Freight Tenn. Ship.. unto, be F.O.B., City of Fort Collins 700 Wood St. Fort Collins. CO 80522, males, otherwise specified on this order. If permission is given to prepay freight and charge separately. the original f ight bill most accompany invoice. Additional charges for parking will not be simulated. Shipment Disome, Where manufacturers have distributing points in os pans of ,he caontry, shipment is expected fmm the reamer distribution point to destination, and excess freight will he &ducted from Invoice when shipments me made from greener distance. Permits. Sella shall procure at wile, sole cost all necessary permits, aertificmes and limes required by all applicable laws, regulations, ordinances and tales of the store, municipality, territory or political subdivision where the work is performed, or required by any other duly comtituted public authority having jurisdiction over the work of vundur. Seller further agrees to hold the City of Fort Collin hamdess from and against all liability and lass incurred by them by reason ofan azsened or established violation of any such laws, regulation, ordinances, rules and qui.fies. Authorienion. All parties to this contract agree that the representarives ere, in fact, bona fide anal poses, full and complete authority to bind said patsies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the names and conditions stated herein set Each and any supplementary Or additional eats and conditions annexed hemm or incorporated herein by reference. Any additional or rifleman tom. and condoioto proposed by seller are oou,md m and hereby rejo red. 2.DELIVERY. PI.EZE ADVISE PURCHASING AGENTin medialely ifyo t cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the rime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance aboard late deliveries, shall operate n a waiver Of this prevision. In the event of any delay, the Purchsser shall have, in addition to other legal cod equiable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not her liable for damages as a result of delays due to ..a no, reasonably foresaable which are beyond du tan able comsat art& without its fault ofnegtigmem. such outs of God, acts ofcivil or military authorities, 6nvemmmml priorities, Ores, strikes, Rood, epidemics, wars or nots provided that ..,in, of the condition causing such delay is given to the Purchase, within Eve (5) days of the time when the Seller first received knowledge thereof.. In the event of any such delay, the date of delivery shut be extrndd for the pmod equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, aides, materials and work covered by this order will common with applicable drawings, specifications, samples and/or usher descriptions given, will be fil to, the purposes intended, and permitted with the highest degree of care and competence in accordance with accepted standards for weak of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchase, may coffer or Inca on firmon of the Sellers breach of wmmnry. The Seller shall replace, repair or make good, without cost to the pumhasen my defects or faults arising within one (1) year or within such longer period of time n may be prescribed by bar or by the menu ofmy applicable warmnry provided by the Seller after the date of acceptance of the goods f fished hereunder (acceptance not to be mueamabty delayed), resulting fmm imperfect or defective work done or nationals famished by the Seller. Accepmem, or use of goods by the Pumhtoer shall tat constitute a waiver ofmy claim under Nis wmmnry. Except as manarise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by are bench of any of the foregoing wmrmtiev or gatunitts, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CI TANG ES IN LEGAL TERMS. The Nchuser may make changes to legal temp by woven change under. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make may changes to the Wrens, other than legal terrines, including additions to or deletions from the quantities onginlly ordered in the i,w itiamiom or drawings, by verbal or written change order. If any such change office. the amwnt due or the time of perfomtma hcm..deq an equitable adjautmem shall be made. &TERMINATIONS. The Purchaser may at any time by "am change order, mrmiate Nis agreement as to any or all portions of the goods then not shipped, subject o any equitable adjustment between the panic as to any work or materials than in progress provided the, de Purchaser shall not be liable for any claims for anticipated p-fill on Ne uncompleted portion of the goods mNor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goodds which are the Sellers standard stock. No such mrmannume shall relieve the Purchaser or the Seller ofany of their Obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he assured within thirty (30) days from the dale the change or temmination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmi Nun all goaals sold hereunder shall lave ban financed, sold, delivered and ftumshed in shin compliance with all applicable law, and regulation to which me good art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation touched to m aorpomund in agreements of this character ore hereby incoryomted herein by Nis mfemnce. The Seller agrees to indemnify and hold the Purchaser hamdess fmm all coss, and damages suffered by the Purchaser m a result of the Sellers failure to comply wits such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller amorous fll, clear and unrestricted title no are Purchaser for all equipment, materials, and items firmishd in perfomance of this agreement, f and clear of any and all lien, restrictions. rasumatio e. security interest encumbrances and claims ofodeers. 11. NON WANER. Failure of rise Purchaser to insist upon strict per( acme of the terms and conditions hermf, failure or delay to y rights or readies provided herein or by law, failure to promptly witty the Seller in the event of a breach, my acceptance ofor payment Pot goods hereunder or approval of the design, shall not redeem, the Seller of any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any right of flue purchaser to insist upon strict performance harmfor my of its rights or remedies as to eery such goods, regandleas of when shipped, received or accepted, us to any prior or subsequent default hamundi , nor shall any pur,amod hml mndification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns ereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual economic practice, m'erchga arresulting (rem antiwsr violation are in fact hoemby the Purchaser. Theretoforefogood cause and n consideration for executing this purshsse order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquired under federal or some it., lax, for such overcharges reining 1. the particular goods or services purchased or acquired by the Purehsser Pon., to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs die Seller to coned nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Selleq and the Seller thereafter indicates its inability or nnwill ingrew to comply, the Purchuer may cause the work to be performed by the most expeditious means mailable to i,, and he Seller shall pay all costs associated with such work. ']be Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any more exulting from the performance of such work. This release shall apply even in tbe event of fault of negligence of the party relessed and shall extend to the directors, ofticers and employees ofswh party. The Sellers commctual obligation, including summary. shall not be caused to be reduced, in any way, becatoe such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is rgoired to use any resign. device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and at claims for infringemenr by reason of the rise of such parented design, device, material or process in connection with the contact, and shut indemnify the Purchaser for cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or otter the completion of the work. In case said egnlpmem, or any pan thereof or the intended use of the goals, u in such suit held m constitute infringement and the ere of mid equipment or part is enjoined, the Seller shill. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or Farms, replace the same with substantially equal but wninfnnging crmq m m.Or modify it ao it becomes noninfringing. 15. INSOLVENCY.. _ If the Seller shall become insolvent or bard mpt. rake m assignment fen the benefit of creditors, appoint a or ten me for any of Net Sellers p r curry or tininess, Nis order may foM ilh be aerated by the Pumhaser without liability. 16. GOVERNING LAW. The definitions ofterms card or the inum action ofthe agreement and the rights of all parties hereunder shall be consumed under and invented by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represcntativead. on thpremSn afothers. 17, SELLERS RESPONSIBILITY. The Seller shift easy on said read, at Sellers own risk w it the same is fully completed and Comm o . reed shall, in use of my accident, destruction or injury to the work maker materials before Sellers fiat completion and acceptance, complete the work an Selles own expense and as the satisfaction of the Pureausee When materials and quipunen, are fmished by others for instillation or arena. by be Seller, the Seller shall receive, mlad. start and handle same in the site and become responsible Nerefor as though such mamnals madnor equipment were being fumishd by the Sella- under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of worker compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. andor to their dependants in accordance with the laws of me state is which the work is to be done. The Seller shall also can, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lesst S300,000 for any one person, 5500,000 for any onntaccideam1 property damage limit per accident of S,100,000. The Seller shall likewise counter his tractors, if any, Or provide for such compe^m an and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certifieme flan such mmperssation reed insurance have been provided Such anifcmes shall specify, are date when such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and iaumnee expires. The Seller agrees deal such con,ammuma and insurance shall be mainudned matil after due entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury nfany kind at nature whatsoever to persons or prnpeny caused by or resulting from the execution of the work provided for in this purcluase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any an all of the Purchasers .liters, o,cut, and employees Gum and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may m put or subject by reason of my net, action, neglect, omission or default an the pan of the Selleq any of his commctors, or my of the Sellers or contractors slicers, agents or employees. In cons, any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees a1 any dune on scrount m by reason of my act, action, neglect, omission or default of the Seller of my of his contactors or any of its or their officers, agar, or employees as aforesaid, She Seller hereby agrees to assume the defense thereof arrd to defend the same st the Sellers own expense, to Pay any and all costs, charges, atiomrys fees and have, expenses, my and all fragments that may be incurred by or obtained against the Purchaser or any of as or dwir 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 offlue Purchaser, or mid parties in or as a result of such suits or other proceedings, the Seller will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all amity precautions, famish and install all pounds necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulation issued pursuant therem. Revised 07R014