HomeMy WebLinkAbout347218 NATIONAL METER & AUTOMATION INC - PURCHASE ORDER - 9116416City. Of
ns
Collins
PURCHASE ORDER PO Number Page
9116416 1 of 3
This number must appear
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on all invoices, packing
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slips and labels.
Date: 10/28/2011
Vendor: 347218
Ship To: UTILITY SERVICE CENTER - WA
NATIONAL METER & AUTOMATION INC CITY OF FORT COLLINS
7220 S FRASER ST
700 WOOD ST
CENTENNIAL Colorado 80112
FORT COLLINS Colorado 80521
Delivery Date: 10/28/2011 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 METER; 2" DISC
06085481 ,
10 EA
06085481
2412
METER 2", (17" LONG) BRONZE MAIN CASE, 8 DIGIT SERIAL NUMBER
STAMPED IN CASE. PLASTIC DISC CHAMBER, POTTED ABSOLUTE
ENCODER REGISTER WITH REGISTER COVER AND PIT LID MOUNT
TOUCH PAD WITH 25 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,
OVAL FLANGED ENDS WITHOUT COMPANION FLANGES, METERS
SHALL MEET THE ESTABLISHED ANSI/NSF 61-2001 FOR MECHANICAL
DEVICES, SECTION 8. METERS SHALL BEAR THE NSF 61
CERTIFICATION MARK. REGISTER PINS NOT INSTALLED ON NEPTUNE' S.
ACCEPTABLE METER MANUFACTURERS: NEPTUNE T-10, BADGER
MODEL 170 (NO SUBSTITUTES), MINIMUM REGISTER RESOLUTION OF
ONE (1) GALLON VISUALLY AND ONE -HUNDRED (100) GALLONS
ELECTRONICALLY (REMOTELY) IS REQUIRED. REQUIRED REGISTER
TYPES: BADGER AIDE OR NEPTUNE E-CODER (NO SUBSTITUTES)
BADGER, MODEL 170;
Delivery: 6 weeks
2 METER; 2" DISC
06085484
06085484
2412
Cam, c3. oil �
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
EA
311.0500 3,110.50
310.5300 1,552.65
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9116416 2of3
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
METER 2" , (17" LONG) BRONZE MAIN CASE, 8 DIGIT SERIAL NUMBER
STAMPED IN CASE. PLASTIC DISC CHAMBER, ABSOLUTE ENCODER
REGISTER WITH WALL MOUNT TOUCH PAD, REGISTER COVER, 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, OVAL FLANGED ENDS
WITHOUT COMPANION FLANGES, SCREW MOUNT TERMINALS ON
REGISTERS, METERS SHALL MEET THE ESTABLISHED ANSI/NSF
61-2001 FOR MECHANICAL DEVICES, SECTION 8. METER' S SHALL
BEAR THE NSF 61 CERTIFICATION MARK. REGISTER PINS NOT
INSTALLED ON NEPTUNE' S. ACCEPTABLE METER MANUFACTURERS:
NEPTUNE T-10, BADGER MODEL 170 (NO SUBSTITUTES), METERS MUST
BE FULLY ASSEMBLED. MINIMUM REGISTER RESOLUTION OF ONE (1)
GALLON VISUALLY AND ONE -HUNDRED (100) GALLONS
ELECTRONICALLY (REMOTELY) IS REQUIRED. REQUIRED REGISTER
TYPES: BADGER AIDE OR NEPTUNE E-CODER (NO SUBSTITUTES)
BADGER, MODEL 170;
Delivery: 6 weeks
Price verification from J. Terry
Bid #7196
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
Total
Invoice Address:
663.15
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
I. COMMERCIAL DETAILS.
Tax exemptions. By suture the City of Fort Collins is exempt from statement local taxes. Our Exemption Number is 11 NUN WAIVER.
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 Terns and conditions hereof. failure or delay m
Internal Revenue, Denver, Colorado (RcE 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 tar payment for goods hereunder or appmwul of the design, shall not release the Seller of
Goods Rejected GOODS REJECTED due to failure to mec, 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 returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any ofits rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall uny purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City effort Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in mspansc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment an the pan of the City of Fon Collins. Hmm,c,, it is to be understood tine, FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable squired inspection procedures. violations are in be, borne 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 Tcmms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antiUust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If pemnission is given to prepay freight and charge separately, the migiial freight purchased or acquired by the Purchaser pursuant tie this purchase order.
bill most 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 Ifthe Purchaser dimets the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the ncrrest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater 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.
Pennies. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and tales ofthe sure, municipality, territory or politicul 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 Fen Collins hammess fmm 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 mquircenents.
Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein act forth and any supplementary or additional tenses and conditions annexed hereto or incorporated herein by
reference Any additional or didorat terms and conditions proposed by'seller arc 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 ofthe essence. Delivery and performance must be effected within the time
stated on the purchase order mad the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of feanial late deliveries, shall opera as a waiver of this provision. fit the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foroseeable which am beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, governmental priorities, finis, strikes, flood, epidemics, war or
riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe
time when the Seller First received knowledge therertof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will condoner with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
penonaod with the highest degree of cam and compnenee in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser homeless from uny loss, damage or expense which the
Purchaser may stater or incur on account ofthe Sellers breach ofoarouty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such Imager period of
time as may be prescribed by law or by the tenses ofany applicable warranty pmwided by the Seller after the date of
acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting Iron impedece
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall not
constitute to waiver ofany claim under this warranty. Except as otherwise pmvid d in this purchase order, the Sellers
liability hereunder shall extend to all damges proximately caused by the breach ofany ofthe foregoing warranties
or guarantees, but such liability shall in no event include loss ofprofits 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 to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, 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 ofperfomunce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, mention, this agrccmem as to any or all ponions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress pmeided 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 oespem to any goods which am the Sellers standard stock. No such termination shall relieve
the Purchaser tar the Seller ofany of their obligations as to any goods dclk cod hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assorted within thirty (30) days from the date the change or tcmrination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and funtishd in strict
compliance with all applicable laws and regulations to which The goods ore subject. The Seller shall execute and
deliver such documcnts as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. 'FILL, Seller agrees to
indemnify and hold the Purchaser harnfess fmm all costs and damages suffered by the Purchaser as a result ofthe
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior x'rinen consent ofthe other pony.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchowe- for all equipneent materials, and items furnished
in perfomeance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest
encumbrances and claims of others.
'I lie Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the perfrmrnnce of such work.
This release shall apply even in the event of fault of negligence of The parry released and shall extend to the
directors, offcers and employees ofsuch parry.
The Seller's contractual obligations, including rwncenty, shall not be sheared to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PAl'ENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save homeless the Purchaser boom 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 for any cost expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. fit 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 pun is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchascr the right to continue using said equipment or pans, replace the same with substantially equal but
noninfiinging equipment or modify it so it becomes noninfringing.
15. INSOLVENCY.
It the Seller sbull become insolvent or bankrupt, make an assignnecnt for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
tic dcfinitirms ofit. used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be
consumed concerned 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 ol'Sellers Represcnutive(s), on the premises oroehrts.
17, SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's 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 Seller's Final completion and
acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Scllcr, the Seller shall receive, unload,
store and handle some at the site and become respoosiblc Therefor as though such materials and/or equipment
were bring furnished by the Seller under the order.
18. INSURANCE.
T'he Seller shall, at his own expense, provide for the payment of workers eompensotion, 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 stale in which the work is to be done. The Seller
shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at (cast $300,000 for any one person, S500,000 for any
one accident and property damage linen 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
cuiploy'ecs shall do any work upon the premises ofmhers, the Seller shall furnish the Purchaser with a cenificute
that such compensation and insurance have bocci provided. Such ecnifcates shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the dale 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. PROTECTION AGAINST ACCIDENT'S AND DAMAGES.
'the Seller hereby Losun e, the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or properly caused by or resulting fmm the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
Le, all of the Purchasers effects, agents and nmpic)ces from and against any and all claims, losses, damages,
cluergcs or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may
be put or subject by mason of any act anion, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors ufTteers, agents or employees. In ease any suit or other
proceedings shall be brought against the Purchaser, or its o07eers, agents or employees at any time on account or
by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agues to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys ices and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their 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 ofthe Purchaser, or said patties in or as a result ofsuch suits 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 precaution. furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to solely including, but without [initiation, the
Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant therclo.
Revised 03/2010