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HomeMy WebLinkAbout347218 NATIONAL METER & AUTOMATION INC - PURCHASE ORDER - 9117190City Of Collins1 PURCHASE ORDER PO Number Page 9117190 1 of 3 This number must appear on all invoices, packing '000",`t slips and labels. Date: 12/05/2011 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: 12/02/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3/4" outside water meter 1500 EA 78.4200 06085463 06085463 24131 METER'/:' , SHORT LAYING LENGTH (7'/i' 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) 117,630.00 BADGER, MODEL 35; Bid 7196 Delivery: 4 weeks Total $117,630.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number I Page City. ofCollins f 9117190 2 of 3 F6r} COI lies This number must appear ,\—,J`'- ` ` on all invoices, packing slips and labels. v 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 statute the City of Fun Collins is exempt from state and local xaxes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Ccuificatc of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe terms and conditions here.( failure or delay to Internal Revenue, Denver, Colorado (Rd: Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise city rights nr m cities provided herein or by law, failure to promptly notify the Seller in the event off breach, the acceptance of.rpaymem for goods hereunder or approval ofthe design, shall not release the Seller of Gods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be demmed a waiver of any right of the damage in transit, may be retuned to you for credit and art not to be replaced except upon receipt of written purchaser to insist upon strict performance hereffmany of its rights or remedies ns to any such goods, regindlcv instructions from the City offer: Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponcd oral fructification, 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 of Fort Collins inspection on arrival. hcrc.l'. Final Acceptance. Receipt of the merchandise, services or equipment in response m this order can result in 12. ASSIGNMENTOF ANTITRUST 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 boom antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, s violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby ussigm to the Purchaser any and all claims it may now have or hereafter Freight Toms. Shipments most be F.O.H., City of Fort Collins, 700 Wood St., Fon Collins, CO 80522, unless acquired under federal or suite antitrust laws for such overcharges relating to 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 pursuant to 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defecive goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and exec,, freight will be deducted t'rom Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance may cause the work to be pcdonnd by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, ceni6eates and liccnscs required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfo aid, or required by any other duly constituted public authority having jurisdiction over the work of voider. 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 reserved or established violation of any such laws, regulations, ordinances, roles and requircincoms. Anhonzation. 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 Puphase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tents 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 perforance must be efTected within the time stated on he purchase order and the dictionaries attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Puphascr shall have, in addition to other legal and equitable remedies, the option ofplacing this order clscwherc and holding the Seller liable for damags. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond is reasonable control and without its fault of negligence, such acts ofGd. acts ofeivil or military authorities, governmental priorities, fires, strikes, tined, epidemics, wars or riots provided that notice of be conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller for mccived knowledge thereof. In the teem of any such delay, the date of delivery ,hull 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 conform with applicable drawings, specifications, sample, and/or other descriptions given, will be lit for the purposes intended, and performed with the highest degree of care and competence in accordance with uccepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, dannage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of i arm ity. 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 longer period of time as 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 unreasonably delayed), resulting hum imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall nut constiute a waiver of any claim under ibis warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately catucd by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WAR RAN 'I'Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Puphascr may make changes to legal terms by written change order. 5. CHANGES IN COMM ERCIAL TERM S. The Purchaser may make any changes to the terns, ether than legal tern, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such clunge affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. 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 licowen the panics as to any work or materials then in progress provided that the Purchaser shall nut 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 ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or temdmation is ordered. 8. COMPLIANCE WITH LAW. The Seller w...is that all good, sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and dclive,such documents county be required to effect or evidence compliance. All laws and regulations required to be incorporated in agrcemcns of this character arc hereby ineorpumt d herein by this reference. The Seller agrees to indemnify and hold the Purcha,er hamness from all coos and danmaWs sutured by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pmly shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent office other parry. 10. i'I'rLE. The Seller wi mmnt, full, clear and unrestricted tine to the Purchaser for all equipment, immaterialk, and items furnished in perfomrance of this agreement, free and clear of any and all liens, restrieliuns, reservations, security interest cncnndmnces and claims ofothcrs. The Seller shall release the Purchaser and its commumrs of any net from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party pleased and shall extend to the directors, oRcers and employes ofsueh parry. 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 process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or pmeess in connection with the contract, and shall indemnify the Purchaser for any cost, expense or daminge 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 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 Seller shall, at its own expense and at its option, either procure for the Purchaser the right m continue using said equipment or pans, replace the same with substantially equal but anninfringing equipment, or modify it w it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of eicdirots, appoint a receiver or tmstec for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions offences used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcr Represenrative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall curry tin 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 or Sellers own expense and to the satisfaction .1 the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same err the site ad beconm responsible therefor as though such materials and/or equipment were being furnished 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, 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 comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast S300,000 for any one Persian, S500,000 for any one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his contmcmrs, if any, to preovide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenilicats shall specify the date when such compensation and insurance have been pmvidcd. Such ceniticates 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 accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msmin. the entire responsibility and liability fur army and all damage, loss or injury fany kind or nature whatsoever to persons or property caused by or resulting Gum the execution ofthe work provided for in this purchase orders in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any or all of the Purchasers effects, agar and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and wheher to person, or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any 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 anployeas 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 agrees to assume the defense thereof and to defend the same at the Sellers own cxpase, to pay any and all costs, charge, attorneys fees and other expenses, any and all judgments that may be incumd by or obtained against the Purchaser or any of its or their officers, agents or employees in such wits 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 ofsueh suits or other pose cdings, 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 precautions, famish 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 rules and regulations issued pursuant thereto. Revised 03/2010