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HomeMy WebLinkAbout347218 NATIONAL METER & AUTOMATION INC - PURCHASE ORDER - 9117191PURCHASE ORDER PO Number Page City Of 9117191 ' of 3 `t Coilin + This number must appear , 1�7 on all invoices, packing slips and labels. Date: 12/05/2011 Vendor: 347218 NATIONAL METER & AUTOMATION INC 7220 S FRASER ST CENTENNIAL Colorado 80112 Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 12/02/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3/4" inside water meter 06085467 06085467 24B1 1500 EA METER %" , SHORT LAYING LENGTH (7 %" 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, CAST IRON BOTTOM CAP, SCREW MOUNT TERMINALS ON REGISTERS, 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: 4 weeks C3. Oi'1�:s2� 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 80.5300 120,795.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page CC117/ Of///���►►► 9117191 2 of 3 `t Collins lins This number must appear ` v ` J on all invoices, packing slips and labels. Total $120.795.00 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 II, CPPO City of Fort Collins Accounting Department City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 PO Box 580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Ccnifieue of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof 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 for goods hereunder or approval ofthe design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to Ibilure to moct specifications, either when shipped or due to detects of any of the warranties or obligations of this purchase order and shall not the 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 hereof., any of its 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 any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the itrats hspcctiva. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Accepance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchee 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 St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges totaling to the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge wpaatcly, the original freight purchased or acquired by the Purchaserpursuant to this purchase order, bill most accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufacturers have distributing points in %comas pars of the country, shipment is Ifthe Purchaser directs the Seller to toner.( nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, mad excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may came the work to be perfer nd by the most expeditious means available to it, and the Setter shalt pay all costs tsociated x'ith such work. Permits. Seller shall procure at sellers s.1e east all accessary permits, conificafes and licenses required by all applicable laws, regulations, ordinances and ruts of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction at or the work of vendor. Seller further agmvs 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, talcs and requirements. . Authorization. All panics to this contract agree that the representatives are in fact, bona tide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms unit conditions sated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different 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 ofthe essence. Delivery and Performance must be effected within the time stated on the purchase order acid the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpxrtial late deliveries, shall operate as a waiver oflhis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal unit equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nut be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without its fault ofnegligenee, such sets of God, acts of civil or military authorities, governmental priorities, fins, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thercaf bet the event of mry 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 wartants 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 fit for the purposes intended and performed with the highest degree of cum and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamdess from any loss, damage or expense which the Purchaser may suffer or incur on account of Ibe Sellers breach ofwarmnty. 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 torts 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 from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except its oNerwisc provided in this purchase ordea the Sellers liability hereunder shall extend to all damages proximately cased by the breach ofany of the foregoing warranties or go rant es, but such liability shall in no event include loss ofpmfits 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 toms by wnuc t change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the fens, other than legal come, including additions to or deletions from the quantities originally ordered in the specifications or dm%ings, by verbal or written change order. If any such change aflicts the amount due or the time ofperformanec hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen 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 materiels then in progress provided mbar the Purchaser shall not be liable for any claims for a nicipmed profits on the uncompleted portion office 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 arc the Setters standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hcnunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for 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 strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document us may be required to effect orevidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated hcrcin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the 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 written consent office other party. 10. TITLE. The Seller warrants full, clear and unrestricted fide to the Purchaser for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofuthers. The Seller shall release the Purclmwr and is contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch puny. The Seller's contractual obligations, including warranty, shall not be divined to be reduced, in any way, because such work is performed or tamed to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by loner, 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 process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or dumuge which it may be obliged to pay by reason ufsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part 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 unit at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfiinging equipment, or modify it so it becomes nuainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of enditurs, 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. The definitions oftems used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by'the laws ofthe Slate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllers liepnsc ialive(s), on the promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller'sown risk until the same is fully completed and accepted, and shall, in case ofany accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are finished by onto" for installation or erection by the Seller, the Seller shall receive, unload, store and handle same m the sit, and become responsible therefor as though such materials and/or equipment weto being fumishcd 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 be.a fts, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dpendents in accordance with the laws ofthe state in which the work is to h 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 limmis of at least S300,000 for any one person, $500,000 for any one accident and property drainage 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 Seller shall furnish the Purchaser with a certificate that such eomponsation 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 has ... ve expires. The Scllcr agree, 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 assumes the entire responsibility and liability for any and all damage, Ins or injury ofany kind or nature whatsoever to persons or pmpeny caused by or reaching from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify acid hold harmless the Purchaser and any or ell of the Purchaser .fivers. agents and employees from unit against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason ofany act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Scllers or contractors officers, agents or employees. In caw 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, oncissi.n 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 expense, to poy any .,,it all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employees in such suits or other proceedings, and in case judgment tar other lion be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise The Seller and his Contractors 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 rules and regulations issued pursuant thereto. Revised 03/2010