Loading...
HomeMy WebLinkAbout504949 SIEMENS INDUSTRY INC - PURCHASE ORDER - 9150370PO PURCHASE ORDER 915037er Page City of PURCHASE 50370 ' of 2 ' `tCollins/ This number must appear ` v " 1' on all invoices, packing sli s and labels. Date: 01/15/2015 Vendor: 504949 SIEMENS INDUSTRY INC SMART GRID DIVISION 4920 WESTWAY BLVD SUITE 150 HOUSTON TX 77041 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/15/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price SGIG Funding support 1 LOT LS 4,099.73 applicable 12/15/14 through 9130/15 (290 days X 14.13699 per day) Ref: Energy Engage System Energy Engage Mobile Maintenance and Support 12/15/14 - 12/14/15 2 Balance paid with non-SGIG 1 LOT LS funds 10/1/2015through 12/14/15 (75 days X 14.13699 per day) 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 1,060.27 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COM.MERCIALDETA1LS. Tax exemptions. By sites¢ the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenificme of Registry 84h0oo587 l registered with the Colonof of F'ailare of the Purchaser to insist upon strict performance of the tans and mndowas hereo[ failure or delay to Internal Revenue, Denver, Colorado (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 far goods hereuMer or approval of the design, shall not xlmse the Sella of Good Rejected GOODS E DE= due to failure to meet specifications, either when shipped or due to defects of MY of the warranties or obligations of this purchase order and shall Out be deemed a waiver of any right of the damage in main may be rtumed to You for crrdit and are not to he replaced except upon receipt of women Parchasa to imist upon order performance hemof or any of its rights err remedies m to any such goods, regardless instructions firms the City of Too Collins. of when shipped, received or mcepled, m to any prior m subsequent default hereunder, nor shall any purported oil modification or tesei pion of this purcbzx order by the Purchaser, operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fact Collins inspection on arrivaL hereof. Final Acceplrom, Receipt of the merchandise, sa ices m equipment in respmsse an this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be motherhood] that FITAL Seller aid the Purchaser recognize that in acual economic practice, overcharges resulting firmantivmt ACCEPTANCE isM depeent upon completion of all applin ale required hrpatiov procedures. violations are in fact berme by the Purchaser. Theretofore for good cause and as cnmideratiov for exceeding this purchase wide, the Sella hereby assigns to the Purchaser any and all claims it may now lave or hereafter Freight Terms. Shipments mast be F.O.B.. City of Fon Collins, 700 Wood St., Ford Collins, CO 90522, unless acquired under federal or site antitrust laws for such overehvga relating m the particular goad or services otherwise aperlfied on this order. if pemrission is given to prepay freight and charge separately, the original fight pumbosed Or acquired by the Purchaser pursuant m this purchase ofda. bill must aaampany invoice. Additional charges fat puking will not be acceplad. Shipment Distance. Where manufarnuen have dlsrlboung points in safm pans of the country, shipment is expected fmm the narest distribution paint to destination, and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permit. Seller shall procure of sellers sole con all necessary, perdu, certificates and Tactics required by all applicable laws, regulations, 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 vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of on asserted or established violation of any such laws, regulations, ordinances, roles r yviremenls. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess Fall and complete authority to bind said parties. LIMITATION OF TI'RMS. is Purchase Order expressly limits acceptance to the ems and conditions stated herein set forth and any supplementary or additional lens and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediaely ifyou cannot make complete shipment to amve on your Promised delivery data as soled. Time is of the essence. Delivery and performance most he eflacted within the time stated oa the parchax order mul the documents aracbed hereto. No sets of the Purchasers including, without limitation, acceptance oftartixl hat deliveries, shall operate as a waiver of this provision. In the runt ofany delay, the Purchaer shall have, in addition ra other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller ahall not be liable for damages m a result of delays due to causes Out reasonably foreseeable which ere beyond its reasonable central and without its fault of negligence, such acts afGad, acts afeml or military authorities, governmental priorities, f s, strikes, Bond, epidemics, wars or riots provided that notice of the conditions coming such delay is given to the Pumhaxr within five (5) days of the time when the Seller first received knowledge thernf. In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by ..a ofthe delay. 3. WARRANTY. The Seller wamams that all goads, articles, materials and work aovemd by Otis order will covf with applicable drawings, specification, aampla anNor moo desmptiom given, will be fit for the purposes imerdN, add Performed with de highest degree of art and compnentt in acmNance with accepted seadards far work of a similar sure. The Seller agrees to hold the purchaser hartnlce, fmm any loss, damage m expense which the Purchaser may suffer or macron commit of the Sellers breach of waranty. The Seller sbml replaa, repair or make good, without cost o the purchaser, any defects or faults arising within one (1) year or within such longer period of time as nay be prescribed by law Or by the terror of any applicable wamanry provided by be Seller after the date of acceptance of the goals frmiahed hereunder (acceptance ant to be wreaxnably deloyal), resulting been imperfect or defective work done or materials fumished by the Sala. Acceptance or use of good by the Franchiser shall not onstimm a waiver of my claim under this waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximaely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Fmchaser may make changes to legal team by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser erman may make any changes to the tares, other than legal lens, including addin ofrom deletions om the quantities originally ordered is the specifications or drawings, by verbal or written change order. If any such change offer. the amount due or the Time of paformana hamoda, an equitable odjmtmmt shall be mode. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any or all pomam of the goods then not shipped, subject to any equitable adjustment between the Parties as to any work or materals then in progess provided tbar the Purchaser shall not be liable for any claims for anticipated profits on the uncomplmml portion of the good andor work, for incidental or consequential damages and Char no such efiti men¢ be made in favor of the Seller with respect to ay, nguod which are the Sellers standard stock. No such admiration shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered bereudder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment matt be asserted within deny (30) days from the data the change or reduction.. is orderea. 8. COMPLIANCE WITH LAW. The Seller wanants that all goods sold hereunder shall have been produced, sold, delivered and Interisland in strict ampliaaue with all applicable laws and regulations to which the goods are subject The Sella shall excwte arW deliver such docwnents m may be required to effect or evidence compliance. All laws and regulations requited to be mcnryarated in agraments of this character are hereby, incorporated herein by this refineence. The Sena agrees to indemnify and hold the Purchaser harmless from OF nttts end damages suRered by the Purchaser m a result of the Sellers failure to comply wit such law. 9. ASSIGNNENT. Neither party shall aasign, transfer, or comer this order, m any monied due or to become due IereamWer without the prior wrinrn amount ofthe other Entry. 10. TITLE. The Seller warmnts full, clear and umastrimed title to the Purchaser for all equipment materials, and items fumlhed in penifternmence of this agreement. free arld clear of any and all lien , ratrictiom, reservationa, remarry interest m ximbmnca and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to correct nonconforming or defective goad by a date to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness m comply. the Purchaser may ntae the work Ica be per6ned by the most expeditious means available to i, and the Sella shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of my net from all liability and claims of any nature resulting from the performance clinch work. This deleme shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, offices and employees of such pan,. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Performed by the Purchaser, 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmcess covered by letter, Toren, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Gom any and all claims for infdngemern by reason of the use of such patented design, device, material or process in connection with the comee, and shall indemnify the Purchaser for any cost, expense or damage which it may M obliged to pay by radon of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes nortinfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrup, make an assignment for the becefit of creditors, appoint a receiver or trustee for any of roe Sellers property, or business, this order may forthwith be canceled by the ase Purchr without liability. 16. GOVERNING LAW. The definitions afterms used or the interpretation ofthe agreement and the rights ofall panic hereunder shall be commend under and governed by the laws of the Stale of Colo rdo, USA. The following Additional Conditions apply only, in where the Sella is to par( work hereunder, including the urvica of S,Hm; Represanarive(s), an the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work al Sallera owed risk until the same is fully completed and acceptM, and shall, in se or any accident, destruction Or injury to the work .Nor material before Seller's final completion and acceptance, complete the work at Seller's own expeme and to the sarisfaction of the Purchaser. When materials and equipment are famished by others for installation or fiction by the Seller, the Sella shall receive, unload dare and handle same at the site and become responsible therefor as though such mmerials maker equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at 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, maker to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, conracmal and samaobile public liability insurance with hodlly injury and death limits afar least 53W,Wn or any one person, S500,000 for any accident and property damage limit per accident of $400,000. The Seller shall likewise require his o diamrs, if any, to pmvida 1'or such compavaation and insuance. Before any of the Sellers or his contractors employees shall do any work upm the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and dormice expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any nor all damag, loss or injury ofany kind or mature whatsoever to pincers or property caused by or resulting fmm the execution of the work provided for in this purahase order min connection bemwith. The Seller will indemnify and hold barrh ss the Purchaser and any r all of the Purchasers officers, agents and employees fmm and against any and all claims, lost damages. charges a e.,., whether direct or hrdirec, anal whether to parsons; or pmpmy to which the Purchaser may be put or subjat by reason of any acL action, neglect, omission or default on $e par of the Sella, any of his onfctom Or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against be, Purchaser, or its officers, agents or employees at any time on account or by anion of any uL action, ncglM, omission or default of the Sella of any of his contractors or any of its or their oFacers, agents or employers ss aforesaid, the Sella hereby agrees to assume the der thereof and to defend the some at the Sellers own expense, to pay any and all cores, charges, attomeys fees and other expenses. any and all judgments slut may be, incurred by or Obtained against the Purchaser or any of its or their aReers, agents or employees in such suits or other procedings, arW in case judgmeat or other tin be placed upon or obtained against the preprry of due Preclawer. Or said parties in or as a result of such suits m other proceedings, the Seller will at once came the sumo to be dissolved and dixhaBed by giving band or mlrerwix. The Sella and his contractors shall take all mfery praautic m, furnish and imall all guard nacasary for the prevenfion of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the OccuWtional Safety end Health Act of 1970 and all rules and regtdatiom owed pursuant thereto. Revised 07n014