HomeMy WebLinkAbout347218 NATIONAL METER & AUTOMATION INC - PURCHASE ORDER - 9117192City Of
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Collins
PURCHASE ORDER PO Number IPage
9117192 1 of 2
This number must appear
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on all invoices, packing
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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
V outside water meter
06085469
06085469
24C2
70 EA 126.3200 8,842.40
METER 1" , (10%" 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 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 70 (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 70; NEPTUNE, T-10;
Delivery: 6 weeks
Bid 7196
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:
$8,842.40
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By stable the City effort Collins is exempt from state end local taxes. Our Exemption Number is 11. NONWAIVER.
98-01502. Federal Excise Tax Exemption Certificate of Registry 84-60 MS97 is registered with the Collector of Failure of the Purchaser to insist upon strict perfmmmaee of the terms and conditions hercM. failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Seamus 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 ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to mat 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 am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereoforany of its rights or remedies as to any such goods. regardless
instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purponcd
on] modification or mwi,sinn of this purchase order by the Purchaser operate as a waiver of any of the terns
Inspection. GOODS are subject to the City effort Collins inspection on arrival. hereof.
Final Acceptance. 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 Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Tom antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact 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 hcreafler
Freight Terms. Shipments must be F.O.B., City of Fort Collins. Vat Wood St. Fort Collins, CO 90522, unless acquired under federal or state 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 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 parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
expected from the nearest 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 an willingnes 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.
Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licences required by all
applicable Iaw s, regulations, ordinances and told, of the sine, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vend.,. Seller funher agrees to hold the City of Fart Collins harmless fmm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles
and requirements.
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 terms and conditions stated
herein set Inch and any supplementary or additional tenets and conditions annexed hereto or incorporated herein by
reference. Any additional or different 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
premised delivery date as noted. Time is ofthc 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 ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay,
the Purchaser shall have, in addition m mher legal and equitable remedies. the option of placing 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 foreseeable which am beyond its reasonable control and without its fault of negligence.
such acts of Gad, acts of civil or military authorities. governmental priorities, Bros. strikes, food, 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 far received knowledge thereof 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 mill 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 care and competence in accordance with accepted standard for work of a
similar nature. The Sella agrees to hold the purchaser harmless food any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warranty. 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 ofany applicable warranty provided by the Seller a0cr the date of
acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not
constitute a waiter ofany 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 ofany ofthe foregoing warranties
m guamntax. but such liability shall in no event include loss nfprofits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES 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 spaifiwtions or drawings, by verbal or wvritten change order. If any such
change affects the amount due or the time ofperformance 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
good then not shipped, subject to any equitable adjustment bowmen the panics m to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims fm 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 Sella with respect to any goods which are the Scllers standard stock. No such Termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must he asserted within thirty (30) days fount the date the change or termination is
ordered.
S. 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 no which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect a evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indcmni[v and hold the Purchaser harmless from 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, toaster, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other pany.
10. TITLE.
The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials. and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, rewmatiore. security interest
amend masand claims of others.
The Seller shall release the Purchaser and its 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, oRcers and employees of such party.
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 ham less the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connexion 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 any time during the prosecution or aner the completion of the work. In case said equipment. or
any parr thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
slid equipment or part is enjoined. the Seiler shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but
nnninfringing equipment, or modify it se it becomes nnninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or hankropt, make an assignment for the benefit of creditors, appoint a
receiver or buster, for any of the Sellers property or business, this order may foohw'i th 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 oftbe State ofColomdo. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of Sellers Raresenmtoo(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller 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 Scllers final completion and
acceptance, complete the work at Seller's oxen expense and to the satisfaction of the Pumhasm. When materials
and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload,
store and handle same rat the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
19. 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 Seiler
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 least S3M,W for any one person, S500.000 for any
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 ofthe Sellers or his contractors
employees shall do any work upon the premises ofothers, the Sellashall 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 d mpeasation
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.
'I he Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or pmpeny caused he or resulting front the execution ofthe work provided for in
this purchase order or in connection herds ith. The Scllcr will indemnify and hold hamttcm the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages.
charges or expenses whether direct or indirect and w'hoher to persons or pmpcny 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 ease any suit or other
proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect omission or default of the Seller ofany of his contractors or any of its or
their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expert e, to pay any and 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 its or their effects.
agents or employees in such suits or other proceedings, and in cast judgment or other lien be placed upon or
obtained against the pmperry, of the Purchaser, or said panics 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 contmdors shall take all safety precautions, fumish 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 0312010