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HomeMy WebLinkAbout504949 SIEMENS INDUSTRY INC - PURCHASE ORDER - 9151468Fort Collins Date: 03110/2015 PURCHASE ORDER PO Number Page 9151468 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 504949 Ship To: ELECTRIC UTILITIES SIEMENS INDUSTRY INC CITY OF FORT COLLINS ENERGY MANAGEMENT DIVISION-METSVC 700 WOOD ST 4920 WESTWAY BLVD SUITE 150 FORT COLLINS CO 80521 HOUSTON TX 77041 Delivery Date: 03/09/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Oracle Technical Bundle Base and Upgrade M&S 1 LOT LS 28,480.45 Payment is allocated between SGIG Funding support and non-SGIG funding support as noted below: Expenses paid with SGIG funds for period 12/14/14 to 9/30/2015 (290 days of 365 day period) Expenses paid with NON-SGIG funds for period 10/01/2015 to 12/13/2015 cover the remainder. DOE Award # DE-OE000357 ARRA/SGIG Fundino 2 Per Inv 50199614 - For Period: 12/14/14 to 12/13/15 1� 0 ?an iai 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 LOT LS 7,267.43 747.88 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com 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 taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the ems and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtures 1973, Chapter 39-26, 114 (a). exemise 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 for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due an 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 resumed in you for credit and are not in be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject in the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in sand economic practice, overcharges resuhing from antitust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as wreidemtion 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., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, =leas acquired under federal or state antitrust laws for such overcharges relating in the particular goods 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 pursu=t to this purchase order. bill must accomoanv invoice. Addmoual charges fur tracking, will not be accepted - Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted tram Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses 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 my other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract ague that the representatives are, in fact, boon fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly hours acceptance to the tens and conditu ns stated herein set forth and any supplementary or additional rams and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive 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, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purebaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sell" shall not be liable for damages as a result of delays due to comes not oca sombly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller firs( received knowledge thereof In the event of any such delay, the date of delivery shall be extended fm the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sampler and/or other descriptions given. will be fit for the purposes intended, and performed with the highest degree of care and compesence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamanty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults ansing within one (1) year or within such longer period of time m may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unseasonably delayed), resulting from imperfect or defective work dove or materials furnished by the Sell". Acceptance or use of goods by the Purchaser 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 to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no even( 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 my make changes to legal terns by wriren change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, incuding 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 of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may many time by written change order, terminate this agreement m to my or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which nor the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or fermitulion is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods art subject. Ile Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorpomod in agreements of this character ate hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all was and damages suffered by the Purchaser as a result of the Sellers Gilure to comply with 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 warrants full, clear and unrestricted title to the Purchaser fur all equipment, materials, and items furnished in perfa mince of this agreement, free and clear of my and all liens, restrictions, reservations, security interest ercumbmnces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller o correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its connectors of any tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofcers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed in be reduced, in any way, became such work is performed or caused in be performed by the Purchaser. 14. PATENTS. Whenever the Sell" is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Pumhaser from my and all claims for infringement by reason of den use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at my 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 goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sell" shall, at its own expense and at its option, either procure for the Pumhnser the right to continue using said equipment or parts, replace the same with substantially equal but nomnfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sell. property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interyretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply Only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises orations. 17. SELLERS RESPONSIBILITY. The Sell" shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Selles final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation m erection by the Seller, the Seller shall receive, unload, some and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Sell" shall, at his own expense, provide fur 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 dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of or least S300,000 for any one person, $500,000 for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sell" shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and warned. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whensoever to persons in property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith The Sell" will indemnify and hold harmless the Pumhas" and my in all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages. charges or expenses, whether direct or indirem, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the part of the Seller, my of his contractors, or my 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 an account or by remain of my act, action, neglect, omission or default of the Sell" of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Sell" hereby agrees in assume the defense thereof and to defend the some at the Sellers own expense, o pay any and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents in employees in such suits in other proceedings, and in case judgment or other E= be placed upon or obtained against the property of the Purchaser, or said parties 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 Sell" and his conom ors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010