Vendor
Bil
l To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Required By
Ship To
VENDOR PHONE NUMBER REQUISITI
ON NUMBERVENDOR NUMBERVENDOR EMAIL DELIVERY REFERENCEBUYER NAME NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED
PRICE
Approver Name: Approval Date:
Purchase Order
11728
HPS WEST, INC
DBA: HYDROPRO SOLUTIONS
1180 E FRANCIS STREET SUITE F
ONTARIO, CA 91761
City of Manhatta
n Beach
Attn: Accounts Payable
1400 Highland Avenue
Manhattan Beach, CA 90266
(310) 802-5565
[email protected]
ACCT
20220059
PUBLIC WOR
KS UTILITIES
06/17/2022
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES, AND SHIPPING PAPERS.
07/07/2022
Payment Terms: Ne
t 30. FOB Destination.
Public Works
3621 Bell Avenue
Manhattan Beach, CA 90266
PWKS
City of Manhattan Beach
1400 Highland Avenue
Manhat
tan Beach, CA 90266
(310) 802-5000
951-370-0443 82200129 Nicholle Petroff11728
Water Meters for AMI Project
Deliveries Monday through Fri
day 8:00 am to 4:30 pm. Closed from 12:00 pm to 12:30 pm. 500.0000 EACH $344.5100 $172,255.00Per Quote: Allegro Project, Dat ed: 6/15/2022
P/N: B16-A31-B15f-0101A-F, 1" BLMJ Brz Bottom Meter with Allegro UTG Register - Fixed Mode
1 40.0000 EACH
$210.7300 $8,429.20P/N: 199-070-36-06-F, Allegro Register only MM Kit for 1" existing Master Meter - Fixed Mode
2 35.000
0 EACH $210.7300 $7,375.55P/N: 199-070-36-06-F, Allegro Register only MM Kit for 1.5" existing Master Meter - Fixed Mod
e
3 50.0000 EACH $588.1600 $29,408.00P/N: M21-A00-B15-0101A-F, 1-1/2" Flanged MJ "MS Style" Meter with Allegro UTG Reg ister
- Fixed Mode
4 Contract: Christopher Lambros, [email protected] Purchasing Supervisor
Total Ext. Pri
ce
Purchase Order Total
Total Sales Tax
$217,467.75
$20,659.44
$238,127.19
Tikneshea Hicks 06/17/2022
Purchasing Copy
If
the parties have executed a separate written agreement that is intended to govern the purchase of the Articles described on this purchase order, the terms and conditions
of this purchase order shall supplement the terms and conditions of said agr eement, provided, however, that the terms and conditions of said agreement shall take precedence over any inconsistent ter
ms and conditions contained in this purchase order.
INSTRUCTIONS
PACKING SLIPS: Each delivery must be accompanied by a
Packing Slip specifying quantity, description of delivery and purchase order number.
BILLS OF LADING: Original Bill of
Lading or Express Receipts signed by carrier's respective should be mailed not later than the day after shipment is made.
INVOIC
ES: Two copies of invoices must be mailed to Accounts Payable not later than the day after shipment is made. Individual inv oices must be issued for each shipment against
each purchase order. Invoices shall contain the following information: Purch ase Order number, description of articles, unit prices, and extended totals.
TERMS AND CONDITIONS
DEFINITIONS: The phr
ase “City of Manhattan Beach”shall mean the governing body of the City of Manhattan Beach or any department thereof.
DATA
AND FACILITIES: Seller acknowledges that he has in his possession all applicable specifications and drawings and all other
documents to which reference is made herein
and/or which are matched hereto, and that such data are adequate to enable seller fairly to
determine his ability to perform called for herein at the price and in accordance with the schedule set forth. Seller rep
resents that he now has or can readily procure without
assistance of buyer or “City of Manhattan Beach”, all facilitie s, machinery and equipment
necessary for the performance of this purchase order.
PACKING AND SHIPPING: Deliveries shall be mad
e as specified without charge for
boxing, crating, or storage unless otherwise specified, and Articles shall be suitably pac
ked to secure lowest transportation cost, and in accordance with the requirements of common carriers, and in such a manner as
to assure against damage from weather or
transportation. Articles shall be described on bills of lading in accordance with current
Motor Freight of Uniform Freight Classification, whichever is applicable. Buyer's order numbers and symbols mus
t be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Buyer's
count or weight shall be final and conclusive on shipments not accompanied by packing slips. Shipme
nts for two or more destinations when so directed by Buyer shall be shipped in separate boxes or container for each destinati
on, at no extra charge.
ACCEPTANCE OF PURCHASE ORDER: This purchase order constitutes Buyer's offer to Seller and shall
become a binding contract upon the terms and conditions set forth herein upon acceptance by Seller either by acknowledgement
or commencement or performance,
any terms or conditions (including price and delivery dates) proposed by Seller in accepting
Buyers offer, which are inconsistent with or in addition to the terms and conditions herein set forth, shall be void and of no eff ect unless and to the extent expressly
accepted by buyer in writing.
TAXES: Seller shall separately state on all invoices
any taxes imposed by federal or state
government applicable to furnishing of the articles; provided, however where a tax exemption is available, such tax shall be subtracted from the total price and identified.
Municipalities are exempt from fed
eral excise taxes. Total prices quoted are to exclude
federal taxes.
PRICES: Seller represents that prices quoted to or
paid by Buyer shall not exceed current
prices charged to any customer of Seller for items which are the same or substantiall y
similar to the articles, taking into account the quality under consideration and Seller will forthwith refund any amounts
paid by Buyer in excess of such price.
CASH DISCOUNTS: The date used as the basis for cash discount calculation is the date
the Articles are received or the date an acceptable invoice is received, whichever is later.
WARRANTY: Seller war
rants that all Articles will conform to applicable specifications, drawings, descriptions, and samples, and will be mercha ntable, of good workmanship and
material and free from defect. Unless manufactured pursuant to detailed design furnished by
Buyer. Seller assumes design responsibility and warrants the Articles to be free from design defect and suitable for the purpose
intended by Buyer. Seller's warranties, together
with its services guarantees, shall run to Buyer and its customers or user of the Articles
and shall not be deemed to be exclusive. Buyer’s inspection, approval, acceptance, use of or payment for all o
r any part of the Article shall in no way affect its warranty rights whether or not a breach of warranty had become evident at
the time.
DEFAULT: Buyer, may by written notice to Seller, cancel for default this contract, in whole or from time to
time in part, (1) if the Seller fails to deliver the Articles or to perform the services strictly within the time specified her
ein, or if no time is specified, within a
reasonable time; (2) if the Articles delivered do not conform to contractual req uirements or
if Seller fails to perform any of the other provisions of the contract in accordance with its terms; or (3) if
the Seller becomes insolvent or commits an act of bankruptcy. If this contract is cancelled for default, Buyer, in addition to all other rights afforded by law for
Seller's breach of contract, shall have the right to charge Seller that amount by which the cos
ts of fabricating or procuring the Articles cancelled from another source exceed the prices specified herein, and Buyer may set off
any such charge against any amount which
may become payable to Seller under the contract or otherwise. Upon such cancel lation
Seller will deliver to Buyer any of the Articles, parts or material, for which Buyer shall make written request at or
after cancellation and Buyer will pay Seller the fair value of any such property so requested and delivered. Notwithstanding Buy er's right to cancel the contract
for delay in delivery, Seller shall not be liable to Buyer for any damages therefor if Seller's delay is due to causes beyond its control, and without its fault or negligence, provided Seller exercises due diligence in prompt
ly notifying Buyer of conditions causing delay or, if
Seller's delay is caused by the default of a subcontractor or suppli er, if such default arises
out of cause beyond the control of both Seller and the subcontractor or supplier and without
the fault or negligence of either of them, and the supplies or services to be furnished by them were not obtainable from oth
er sources in sufficient time to permit Seller
to meet the required delivery schedule.
CHANGES: Buyer shall have the
right by written notice to change the extent of the work covered by the contract, the drawing, specifications, or other descripti ons herein, the time,
method or place of delivery or the method of shipment or packaging or to suspend work.
Upon receipt of
any such notice, Seller shall proceed promptly to make the changes in accordance with the terms of the notice. If any suc
h change causes an increase or
decrease in the cost or performance or in the time required for performance, an equitable adjust
ment shall be negotiated promptly and the contract modified in writing accordingly.
Seller shall deliver to Buyer as prompt
ly as possible and in any event within thirty (30)
days after receipt of change notice, a statement showing the effect of any such change in
the delivery dates and prices, such statement to be supplemented within thirty (30) days from the date thereo
f by detailed specification of the amount of the price adjustment and supporting cost figures. Failure of Seller to submit
the statements within the time limits
stated shall constitute its consent to perform the change without increase in prices wit hout
the claim for material rendered obsolete and without change in delivery schedule.
TERMINATION: The performance of wor
k under this contract may be terminated in whole
or from time to time in part by Buyer.
COMPLIANCE WITH LAW: Selle
r shall in the performance of the contract comply with all applicable laws, regulations, ordinances, proclamations, demands and requisitions of the
City of Manhattan Beach or State of California.
ASSIGNMENT OR CONTRACT: None of the sums due or
to become due nor any of the
work to be performed under this contract shall be assigned nor shall Seller subcontract for completed
or substantially completed Articles or major components thereof without Buyer's prior written consent. Any assignmen
t to which Buyer consents shall be subject to set off
or recoupment for any present or future claim which Buyer may have aga inst Seller.
ADVERTISING: Seller shall not, without first obtaining written consent of Buyer, in any manner advertise
or publish the fact that Seller has contracted to furnish Buyer the articles.
INDEMNITY: To the fullest extent permitted by
law, Seller shall, at its sole cost and
expense, defend, hold harmless and indemnify Buyer and its elected officials, off icers,
attorneys, agents, employees, designated volunteers, successors, assigns and those agents serving as independent
contractors in the role of City of Manhattan Beach officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens,
and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associate d therewith and the payment of all
consequential damages (collectively “Liabilities”), in law or equity, whether actual , alleged
or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of
Seller, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servan ts or employees (or any entity or
individual that Seller shall bear the legal liability thereof) in the performance of this con
tract, including the Indemnitees’active or passive negligence, except for Liabilities arising from the sole negligence or
willful misconduct of the Indemnitees as determined by
court decision or by the agreement of the Parties. Seller shall defend the Indemnitees in
any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’
choice, and shall pay all costs and expenses, including all attorneys’fees and experts’costs actually incurred in connectio
n with such defense. Consultant shall
reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnite
es in connection therewith. Seller’s indemnifications and obligations under this Section shall survive the expira
tion or termination of this Agreement.
INSURANCE: Seller shall provide proof of insurance as follows:
A. Commercial Gen
eral Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and pro
perty damage per project or location.
B. Workers’Compensation Insurance as required by the State of California and Employer
’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has
no employees while performing Services under
this Agreement, workers’compensation policy is not required, but Contractor shall execute
a declaration that it has no employees.
C. Additional Insured. The commercial general liability polici es shall contain an
endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
WAIVERS
: The failure of the Buyer to insist, in any one or more instances, upon the performance of any to the terms, covenants of
conditions or this contract or to exercise
any right hereunder, shall not be construed as a waiver or relinquishment of the future
performance of any such term, covenant or condition or the future exercise if such right, but the obligation of Seller wit
h respect to such future performance shall continue in full force and effect.
GRANTS DEBARMENT POLICY: Seller guaran
tees that it, its employees, contractors,
subcontractors or agents (collectively “Contractor”) are not suspended, debarr ed,
excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal or state-funded health care program,
or from receiving Federal funds as listed in the List of parties Excluded from Federal Procurement or Non-procurement Pro grams issued by the
Federal General Services Administration. Contactor must within 30 calendar days advise the City if, during
the term of this contract, Contractor becomes suspended, debarred, excluded or ineligible for participation in Medicate,
Medi-Cal or any other federal or
state-funded health care program, as defined by 42 U.S.C. 1320a-7b(f), or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the
Federal General Services Administration.
Contractor will indemnify, defend and hold the Buyer harmless for any loss or dam age
resulting from the conviction, debarment, exclusion or ineligibility of the Contractor.