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HomeMy WebLinkAbout314218 NATIONAL METER & AUTOMATION INC - PURCHASE ORDER - 3215248Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 347218 NATIONAL METER & AUTOMATION INC 7220 S FRASER ST CENTENNIAL CO 80112 PO Number Page 3215248 1of2 This number must appear on all invoices, packing slips. labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 BLANKET ORDER Meter repair & Supplies City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 1 LOT LS 10,000.00 $1 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Numbers 98-04502. Federal Excise Tax Exemption Certificate of Registry 8U6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref, Colorado Revised Sumter 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet mecificurs , either when shipped or due w defects of damage in transit, may be reamed to you for nadir and are not to be replaced except upon receipt of written instructions from the City effort Collins. Inspection GOODS are subject o the City affront Collins inspection m arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authonmd Payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments mum be F.O.B., City of Tom Collins, 9m Woad St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pars of the country, shipment is expected from the nearest distribution point to destination, and excess bright will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shop procure at sellers sole cast all necessary Formula, certificates and licenses required by all applicable laws, r,Wffims, ordinances and toles ofthe state, mmricipaliry, teniteryorpolidcal subdivision where the work is performed, or required by any other duly constructed public authority having jurisdiction over the work of vendor. Seller frther agrees to hold the City of Fort 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, ordinance, rules and requirements. Aurhonermon. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and emotions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby TgwM 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date as noted. Time is ofthe essence, Delivery and performance most be effected within the time stated on the purchae order and the documents artached hereto. No acts of the Purchases including, without limitation, accryr owe of parcal late deliveries, shall operate as a waiver of this provisionth the event army delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ordering 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 ra causes not reasonably foreseeable which are beyond is reasonable control and without its fault of negligence, such acts of God, act of civil or military amhom es, Rovernmentat priorities, fires. stakes, flood, epidemic, wars or riots provided that notice of the mnditions causing such delay is given to the Purchaser within five (5) days of the time worn the Seller first received knowledge thereof, In the event of any such delay, the date of delivery shall be extended far the period equal to the time acmally last by is. of the delay. 3. WARRANTY. The Seller warms that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other dewripum s given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults wising within one (1) year or within such longer period of time as may be, prescribed by law or by the temps of my applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (now,dmce not to be unreawnably 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 of my 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 of my of the foregoing marriages or guarantees, but such liability shall in no event include loss of profits 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 INCOMMERCIALTERMS. The Purchaser may make any changes to the terms, other than legal remes, including addiums to or drier ns from the produces originally ordered in the specifications or drawings, by verbal or warren change order. If env such change affects the common due or the time of pvrfomsmce hereunde, an equitable adjustment shill he made. 6. TERMINATIONS. The Purchaser may w my time by written change order, terminate this agreement as to my or all portions of the goods then not shipped, subject to my equitable adjustment between the poles as many work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and/mr work, for incidental or consequential damages, and that no such adjustment be made in favor of die Seller with restorer to my grads which we the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT Any claim for adjustment mat be seemed within thirty (30) at from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrens that all %ends sold herewder shall have been products told. delivered and famished is grit, compliance with all applicable laws and regulations to which the goods we subject. The Seller shall execute and deliver such doctwens az may be required to elfat or evidence compliance. All laws and regulations requirad to be incorporated in aRreemmts of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all was and damages suffered 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 way morties due or to become due hereunder without the prior wri en consent of me other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11, NONWAIVER. Failure of the Pumhazer to insist upon strict performance of the terms and conditions agent, failure or delay to exercise any rights or remedies provided herein or by law, (allure as pmmptly mefy rise Seller in the event of a breach, the accordance ofor paymrnt for Right hereunder or approval of the regard, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon minor performance hereof or any of its rights or remedies az to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryomed oral modification or rescission of this purchase order by the Purchaser operate as a waver of any of the terms herenf 12. ASSIGNbfNf OF ANTITRUST CLAIMS. Seller and the purchaser ream nic, that in amid economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theremfore,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 acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuanno this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cored nonconforming or defective goods by a date to be agseed gran by the purchaser and the Seller, and the Seller txwwmfier indicates its inability or unwillingness to comply. the Purchaser may cause the work to be pedoemed by the mom expeditious means available to it, and the Seller shall pay or costs asmciated with such work. The Seller shall release the Purchaser and is contractors of any net from all liability and clams of any aware resulting from the performance 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, officers and employees of such parry. The Seller's contractual obligations, including warmnry, shall not be deemed to be reduced, in any way, because such work is performed or used to h performed by the Purchaser. 14. PATENTS. Whenever the Sella is remained to rue any design device, material or pares covered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchase 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 cog, expense or damage 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 Sella shall, at its own expense and at its option, either procure for the Ptareffe r the right re, continue to, said equipment or parts, replace the same with substantially equal ben noninfnnging equipment, or modify it so it hemmer mninfanging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make m assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers prop e" or business, this order may forthwith be mceled by the Purchaser without liability_ 16, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights; of all parties hereunder shall be construed coder and Reversed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreaemazive(s), on the premises of others. I2. SELLERS RESPONSIBILITY. The Seller shill cart' on said weak a, Sellwx own nsk wail the same is fully triggered and accepted, and shall, in e of any accident, de¢ruction or injury to the work succor monorails before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such mmerials indoor equipment were being famished by the Seller ander the order. Ie. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including occuregamal disease bmefts, to is employees employed on or in connection with the work covered by this purchase order, andvior to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited W. contractual and amomobile public liability inesurmce with bodily injury and death limits of at less, 531X oX* for my one person, S50g000 for my one accident and property damage limit per accident of Sd00,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fumiah the Purchaser with a ceref care that such compensation and insurance have berm provided. Such certificates shall specify the date whin such compensation and Insurance have been Provided Such cefficares shall specify the date when such comprnaation and insurance expires. The Seller agrees that such compensation and insuance shall be maintained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby comma the were repo embiliry and liability for my and all damage, loss or injury of my kind or triton, whomsoever to persons or property caused by or resulting from the execution ofdre work provided for th this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers afters, agents and employees from and against my and At 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 of my act, action, neglect, omission or default on the pm of the Seller, my of his connacrs , or my of the Sellers or contractors ofcers, ,was or employees. In were any suit or other procee&rigs shall be bought against the Purchaser, or is officers, agensor employees in my time on account or by reason of my act, scion neglect, omission or default of the Seller of any of his contractors or my of is or their officers, agents or employees az aforesaid, the Seller hereby agrees w assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomrys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or emplayeer in such suits or other proceedings, and in case judgment or other lien be placed upon or Accord against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will a once cause the sane to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety precautions, famish aid install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiutioo, the Occupational Safety and Health Act of 1920 and all rules and regulations issued pursuant thereto. Revised 071E14