HomeMy WebLinkAbout347218 NATIONAL METER & AUTOMATION INC - PURCHASE ORDER - 9113598City of
/100" rt Collins
PURCHASE ORDER
Date: 06/20/2011
Vendor: 347218
NATIONAL METER & AUTOMATION INC
7220 S FRASER ST
CENTENNIAL Colorado 80112
PO Number Page
9113598 1of3
This number must appear
on all invoices, packing
slips and labels.
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 06/20/2011 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3/4" outside water meter
06085463
06085463
24B1
4000 EA 78.4200 313,680.00
METER % , SHORT LAYING LENGTH (7 Yz" LONG) BRONZE MAIN CASE,
8 DIGIT SERIAL NUMBER STAMPED IN CASE. PLASTIC CHAMBER,
POTTED ABSOLUTE ENCODER REGISTER WITH REGISTER COVER
AND PIT LID MOUNT TOUCH PAD WITH 6 FEET OF WIRE BETWEEN
REGISTER AND TOUCH PAD, 8 TO 10 DIGIT PRE-PROGRAMMED
UNIQUE ENCODER REGISTER NUMBER, MEASURING IN U.S. GALLONS
WITH A MINIMUM OF 6 NUMERAL WHEEL REGISTRATION OR 6
REMOTELY -READ DIGITS, CAST IRON BOTTOM CAP, METERS SHALL
MEET THE ESTABLISHED ANSI/NSF 61-2001 FOR MECHANICAL
DEVICES, SECTION 8. METERS SHALL BARE THE NSF 61 CERTIFICATION
MARK. REGISTER PINS NOT INSTALLED ON NEPTUNE' S. ACCEPTABLE
METER MANUFACTURERS: NEPTUNE T-10, BADGER MODEL 35 (NO SUBSTITUTES),
METERS MUST BE FULLY ASSEMBLED WITH REGISTERS INSTALLED ON
METER BODY. MINIMUM REGISTER RESOLUTION OF ONE -TENTH (0.1) GALLON
VISUALLY AND TEN (10) GALLONS ELECTRONICALLY (REMOTELY) IS REQUIRED.
REQUIRED REGISTER TYPES: BADGER AIDE OR NEPTUNE E-CODER (NO SUBSTITUTES)
BADGER, MODEL 35;
Bid #7196
Delivery: 6 weeks
Total $313,680.00
City of Fort Collins Director of Purchasing and Risk Management
This order Is not valid over $5000 unless signed by James B. O'Neill II, CPPO
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City. Of 9113598 z of 3
`t COI lI„s This number must appear
` ` 1 , on all invoices, packing
slips and labels.
Cam, t3. oil�es�
U
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
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
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
1. COMMERCIAL DETAILS.
Tax exemptions. By same• the City of Pon Collins is exempt from state and local canes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Excise 1'.. Exemption Cur ificme of Registry 84-6000587 is registered with the Collector of Failure office Purchaser to insist span strict performance of the terms and conditions hereof; failure or delay to
Internal Revenue, D...... Colorado (Rd: Colorado Revised Shc a c. 1973. Chapter 39-26, 114 (a). exercise any rights or centuries provided h,mi. or by law, failure to promptly notify the Seller in the event of u
breach, the acceptance ofor payment for goods hereunder or approval office design, shall not release the Seller of
Goods Rejected GOODS REJECTED due to failure to meter spcciRcmioas, either when shipped ar due to ddccts of any of the warranties or obligations of this purchase order rand shall rem be deemed a waiver of any right critic
damage in transit, may be retuned to you for credit and are net to be replaced except upon receipt of written purchaser to insist upon strict perfonounee hcrcofor any of its rights or remedies as to any such goods, regardless
instructions fiom the City of Fan Collins. of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any prorated
oral mrodilicmion or reuissimn of ilu, purchase order by the Purchaser operate as a waiver of any of the terms
Imepeclion. GOODS arc subject to the City of Fun Collins inspection on arrival. hereof
Final Acceptance. Receipt of the merchandise, services or equipment in nsponu to this order can result in 12. ASSIGNMENT OF ANI'I'FRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPFANCE is dependent upon completion of all applicable required inspection procedures, , kdraims are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purehow order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Toms. Shipments must be F.O.B., City of Fon Collins, 700 Wood St, Pon Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If Inmaiwion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchuur purwam to this purchase omcr.
bill must 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 the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected rronn the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thermier indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from Scene, distance. 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.
]let nmits. Sella shall procure: m sellers sole cast all necessary permits, certificates and licenxs rcquircd by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
lire work is performed, or required by any other duly constituted public authority having jurisdiction over the work
ui vendor. Seller fonder agrees to hold the City of Fun Collins homiless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates
and equi¢mcms.
Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the ems and conditions stated
herein set forth and any supplementary or additional tams and conditions annexed hereto or incorporated herein by
reference. Any additional or diff nan terns 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 ome, and the doeunents attached hereto. No acts of the Purchasers including, without
Iintitmion, acceptance of punial late deliveries, shall operate as, a waiver of this provision. In the event orally delay,
the Purchaser 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 Seiler shall not be liable Ivor damages as a result of delays
due to caul. not reasonably foreseeable which tan beyond its reasonable control and without its fault ofnegligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidennies, wars or
riots provided that notice of the conditions caus ing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shill be
extended for 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, samples and/or other descriptions given, will be lit for the purposes intended, u,ad
performed with the Itigh.t degree of cure and comperenec in accordance with occurred standards for aork of a
similar namrc. The Seller vgmes to hold fhc purchaser harmless front any loss, damage or expense which the
Purchuscr may suffer or incur on account ol'the Sellers breach of wantonly. The Seller shall replace, repair or make
good, without cost to the purchaser, any detects or faults arising within one (1) year or within such longer period of
tine• as may be prescribed by law or by the tumu of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (aceeptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use or goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as othcnviu, provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY
Olt MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
'I lie Purchaser may make changes to legal terms by written change archer.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal toms, including additions to or deletions franc
the quantities originally oNcred in the specifications or drawings, by serbal 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. TERM [NATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials Ihcn in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits ono the uncompleted
portion of the good's and/or work, for incidental or consequential damages, acid that no such adjustment be made in
favor of de Scllcr with respect ro an, goods which are the Scllcr. standard sluck. No such termination shall relieve
file P cuhawr or the Seller orally of lheir obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim Ivor adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in sofa
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance All lasers and regulations required In be
incorporated in agrexmens of this character are hereby incorporated herein by this rcfennec. The Seller agrees to
indemnify, and hold the Purchaser la,mle. tram all costs and damages sulTcred by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other puny.
10. TITLE.
The Seiler warns full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in perfomance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of athe..
The Seller shall release the Purchuscr and its contractors of any tier from all liability and claims of any nature
resulting from the purfomrance 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, office. and employes of such party.
The Seller's contractual obligations, including warmory, shall not be domed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchuscr.
14. PA'I'EN'IS.
Whenever the Seller is required to use any design, device, material of process cowed by letter, patent, trademark
or copyright, the Seller shall iodeem i ty and save Introduce; the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser fur any cast, expense or damage which it may be obliged to pay by reason of such
indiingcnrcut 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 goods, is in such suit held to constitute infringement and the use .1'
said equipment or pan is enjoined, the Seller shall, at its can expese and at its option, either procure for the
Purchuur the right to continue using said equipmmenl or pans, replace the same with substantially equal but
noninfringing 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, optimal a
receiver or trustee for any of the Sellers property or business, this order may combo ith be canceled by the
Pamlocwr without liability.
16. GOVERNING LAW.
'fire definitions oflenms used or the interpretation of fhc agmennenl and the rights ofall panics hereunder shall be
construed undercoat governed by the laws ohhc State of Colordo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represcntative(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's torn risk until the some is fully completed and accepted, and shall,
in caw of any accident, destruction or injury to the work and/or materials before Sellers fatal completion and
ancp racc, 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 or erection by the Seller, the Seller shall receive, unload,
store sad handle same al the site and bmmmc responsible therefor as though such materials and/or equipment
were being furnished by the Seiler under the mdcr.
18. INSURANCE.
'fhc Seiler shall, al 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 mdcr,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprchensive Second liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limis of at least S300,000 for any one person, S500,000 fur any
one accident and property damage linmit per accident of S400,000. The Seller shall likewise require his
convectors, irony, to provide for such compensation and insurance. Bdorc any of the Sellers or his contractors
employees shall do any work upon the prcmius of others, the Seller shall famish 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 certificatesshall 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 accepted.
19. PRO'I EC'FION AGAINST AC'CIDEN'I S AND DAMAGES.
'I lie Seller hereby assumes the entire responsibility and liability for any acid all nonage, loss or injury crony kind
or nature whoGoever to persons or property caused by or resulting from the execution office work provided for in
this purchase order or in connection humwith. The Seller will indemnify and hold hamdcss the Purchaser and any
or all of the Purchasers office., 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 the Purchawr may
be put or subject by reason of any act, action, neglect, omission or default on the parr of the Seller, any of his
contractors, or any of the Sellers or commuters office.', agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, emission or default of the Seller of any of his contractors or any of is tar
their officers, of or employees as oforcsuid, the Seller hereby agrees to assume the defense thereof acid to
defend tire same al the Sellers own expense, to pay any and all costs, charges, aroncys fees and other expenses,
any and all judgments that may be incurom by or obtained against the Purchaser or any of is or their office.,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result ofmch suits or other proceedings,
file 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 surely precautions, famish and install all guards nmessury, 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 ashes and regmlations issued pursuant thereto.
Revised 03/2010