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HomeMy WebLinkAbout491280 ELSTER SOLUTIONS LLC - PURCHASE ORDER - 9147423City of Fort Collins Date: 12/16/2014 Vendor: 491280 ELSTER SOLUTIONS LLC 208 S ROGERS LANDE RALEIGH NC 27610 PURCHASE ORDERPO 914742er Page 147423 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/16/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 METER; ELEC.REV.; FORM 9S 90165535 90165535 METER, ELECTRIC REVENUE, ELECTRONIC, FORM 9S, A3RLNQ, POLYPHASE, 128K MEMORY, PQM ENABLED, POWER FACTOR AND KYZ, TA 2.5, CLASS 20, 120-480V, TRANSFORMER RATED, LEXAN COVER. FOR USE IN THREE PHASE RESIDENTIAL OR COMMERCIAL APPLICATIONS AND ABLE TO COMMUNICATE WITH ELSTER ENERGY AXIS AMI SYSTEM ELSTER SOLUTIONS, ZD3210P80L9; ZD3213P80LM A3RALNQ with 2-KYZ relays to cable 2 METER; ELEC.REV.; FORM 9S 90165537 90165537 METER, ELECTRIC REVENUE, ELECTRONIC, FORM 9S, A3RLNQ, POLYPHASE, 128K MEMORY, PQM ENABLED, POWER FACTOR, EXTERNAL ANTENNA AND 2 KYZ, TA 2.5, CLASS 20, 120-480V, 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.com EA 465.9000 3,727.20 EA 703.9000 5,631.20 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914742er Page City of PURCHASE 9147423 2 of 3 F6r} Chis number must appear ,y��—J`"' ` Collins1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price TRANSFORMER RATED, LEXAN COVER. FOR USE IN THREE PHASE RESIDENTIAL OR COMMERCIAL APPLICATIONS AND ABLE TO COMMUNICATE WITH ELSTER ENERGY AXIS AMI SYSTEM ELSTER SOLUTIONS, ZD3213P90LP; ZD3213P90LM, A3RALNO with ext ant and 2 KYZ relays to cables Need the following adders for remote antenna. Price for these additional items are included in the meter cost. QTY 8 - 15' cable - 7S18161-1002 QTY 8 - Surge Suppressor - 7S1713H001 QTY 8 - External Antenna - 7S1812G001 I4 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.mm Total 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 3 of 3 L COMMERCULDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWANER. 98-04502, Federal Excise Tax Exemption Cralficale, of Registry 84-6000587 is registered with the Collector. of Failure of the Purchase, to insist upon shirt performance of the terms and conditions hereof, failure or delay to ]mama] Revenue, Drove,, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or ranches provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECTED due to failure in men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rammed to you for credit and arc not to be replaced except upon receipt of writen purcMxr to insist upon skid performance hereof or any of its rights or remedies as to any such good,ni reffew indandenons fun the City of Fort Collins. of when shipped, received or arrested, as to any prior or subsequent default hertuMes, rmr shall any purported oral modification or rescission of this purchase order by the Purchaser opem4 as a waiver of any of to terms Ine,abon. GOODS art a*at to the City of Fan Collins impalim oa wrival. hereof. Final Accepance. Receipt of the merchand n, services or equipment in oxpwm m this mda tun result in 12. ASSIGNMENTOF ANTITRUSTCLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize But in actual economic practice, o ervient resulting from antitrust n ACCEPTANCE is dependent upon completioof all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter, Freight Terms. Shipments must be F.O.B., Ciry of Fort Collins, 700 Wood St., Too Collins, CO 80522, unless acquired under federal or shoe antitrrst laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase rocks. bill now accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs dec Sella to correct rwncerifrching or defective good by a date to be glaxi upon by the wheeled from the nwredt distribution point m destination, end excess freight will be deducted form Invoice when purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply. the Purchaser, shipments are made form grower distance. may wax the work to be performed by the most expeditious means available to it, and the Sella shall Pay all wen ass dimal with such walk. Permits. Seller shall produce at sellers sole cost all na seem, permits, cenifcares and licenses "weds by all applicable laws, w,midides, ordinances and rules 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 vaedor. Seller turther agrees to bold the City of Fog Collins heartless from and against all liability and loss incurred by them by aneg on of an asserted or established violation of any such laws, rulations, ordinances, mles and requirements. Andmrizstion. All Wnies to this contract agree that the representatives arc, in fact, bona fide and possess fall and complete normally to bind said parties. LIMITATION OF TERMS. This Pumhase Order expressly limits acceptance to the tear and conditions stated herein set Such and any im,drmentnry or additional to. aM conditions annexed herein or incorporated Farm by reference. Any additional or di Recent terms and conditions proposed by seller are objected to and hereby Mader, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you a mmot make wm,lete sbi,wad to drive on your Promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, severance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages However, the Sella shall not be liable for damage as a result ofhlays due w causes not reasonably foreseeable which we beyond its reasonable control and without its fault of negligmce, such acts ofGd, acts ofeivil or military sutM1orma, Vvemmenal priorities, fires, strikes, Book epidemics, wars or riots provided that notice of the conditions owning such delay is given to the Purchaser within five (5) days of the time when the Seller fear received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period alual to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all ford, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples We, other descriptimss given, will be, fit far the purposes intended, end performd wide the highest degree of care and competence in womi ne, with accepted standards for work of a similar memo. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Parcho er may sufferer incur on account of the Sellers breach of waamry. The Seller shall replace, repair or make Social, without cost re the purchase, any defects or faults arising within one (1) year or within such longer pond of time as may be prescribed by law or by the tear of day applicable wammty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials burnished by the Seller. Acceptance or use of goods by the Practicer shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend in all damages pon imuml, caused by dee breach of any of the foregoing wmrmties or guamentces, 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. CHANGES IN LEGAL TERMS. The Purchaser may make changes b legal terms by women change oiler. 5. CHANGES IN COMMERCIAL TERMS. The Purchaw, may make any changes to the acmes, other than legal calms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order . If any such change affects the amount due or the time ofper randroe hereunder, an equitable adjustrne t shall be made. 6. TERMINATIONS. The Purchaser may at day time by writers change order, immune, this agreement as to any or all Practices of the goods then not shippd, subject te any equitable adjustment between the Parties as to any work or materials then in progress Femoral that the Purchaser shall rot be liable for any claims fen unharmed profs on the uncomplesed ,anion of the good andlor work, for incidental or consequential damages, and that no such w1justatem Ed made in favor arrive Sella with .,,at to any good which are the Sellers standard stock. No such nownwi seal shall relieve the Purchaser or the Seller crony ofthetr obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date lilt change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been prduced sold, delivered and famished in strct compliance with all applicable laws and remittances an which the goods are subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncaryomted m agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser, barrel. from all eats and damages suffered by the Purchaser as a result of the Sellers failure to comply with such For. 9. ASSIGNMENT. - Neither party shall assign, transfer, or convey this oNer, or any monies due or to become due hereunder without the prior wlinen consent of the other party. 10. TITLE. The Sella worems, full, clew and unrestricted title 0 the Purchaser for all equipment, materials, and items famished in performance of this agreement, firs and clear of any and all liens, restrie ime, reservations, sa miry interest mcumbowees and claims o f others. The Sella shall release the Purchaser and its contmemrs of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Sellers rontmemal obligations, including wamnty, shall rent be deemed to be reduced, in any way, because such work is perfonard or caused to bo performed by the Purchase. 14. PATENTS. Whenever the Seller is nNi ind to use any design, device, material or proaess deverd by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by h amn of the use of such pmrnled design, device, material or process is connection with the contract, and shill Indemnify the Parb-a for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended we of the goods, is in such suit held to consulate infringement and the use of said tyuipmrnt or pan is enjoined, the Seller shall, or its own s,. and at its option, either procure for the Purchase, the light a continue using said aliiipment or parts, replace the Since with interracial, Not but noniafH,ing equipment, or modify it so it becomes coninfinging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or tmsme for any of the sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofterms used or the imeepreation of the agreement and the rights of all ponies hereunder shall be construed under and govcmed by the laws office Sate of Colorado, USA. The following Additional Conditions apply only m taus where the Seller is to perform work hereunder, including dee services of Sellers Represmutive(s), anthe premises ofotlrers. 17. SELLERS RESPONSIBILITY. The Sella shall any, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in x of my accident, destination or injury to the work wiper materials before Sellers final completion and ccepmnce, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are fumlshed by others for installation or erection by the Seller, the Seller shall receive, unload, after e and handle same et the site and brcome responsible therefor as though such materials major equipment was being furnished by the Sella under dee order. 18. INSURANCE The Seller shall, in his own expense, provide for the payment of workers campensasim, including ord"fiorul disease benefits, to its employees employed on a in connection with the work covered by this purchase order, wal or to their dependents in ucrordance with the awn of the sum in which the work is to be done. The seller shall idon any comprehensive general liability including, but our limited a, contractual and automobile public liability insurance with bddy injury and death limits of at least 5300,000 for my one person, 5500,000 for any one accident and property damage licit per accident of $400,000. The Seller shall likewise require his employees if any, m provide for such compensation and insurance. Before my of the Sellers or his catifi tors employees shall re any work upon the premises of Others, the Seller shall famish all Purchases with a when s such Old such compensation end insurance have been provided. Such wll specify shall specify the dace when inch ad iensaine and insurance have beeps provided. Such cenifcmesshallspecify the date whensuch mmpeasrthe and insurance expires. The Seller ogres Wt sweM1 cumpcnsntion and invararce sIW I be mainwireM until otter the entire work is completed am accepted N. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fe entire mporuibility and liability for any and all damage, loss or injury orally kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Pmchaers officers, agents and employees from and against any and all claims, losses, distinct, charges or expenses, whether direct or indirect, and whether to persons or property a which the Purchaser may be put or subject by reason of any act, no., ranked, omission art default on the pan of ne Selleq any of his .Minor., or any of the Sellers or contractors officers, agents or employees. In cast any sair or over Proceedings shill be brought Wiwi the Purchaser, or its oRcers,'ems or employees at any time on mutant or by reason of any set sudden, neglect, omission or default of the Sella of my of his contractors or any of its or their ofRcers, agents or employees re aforesaid, Be Sella hereby agrees to assume the defense thereof aM to defend the same at the Sellers own expense, he pay any and all cases, charges, anomeys fees and other expenses, any and all judgments that may be insured by or obaind against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in cox judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ryrties in or as a reap of such .as 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 contractors shall take all safety prectimmuts, famish and install all guards necessary for fe prevention of accidents, comply with ell laws and regtiate. with .,.,it to safery including, but without limiadon, the Occupational Safety and Health Ad of 1970 and all rules and regulations issued pursumt deerem. Revised O712014