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Home My WebLink About109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9117561City Of oll` Collins ns PURCHASE ORDER PO Number Page 9117561 t of 7 This number must appear I on all invoices, packing ' `t slips and labels. Date: 12/21/2011 Vendor: 109184 Ship To: ELECTRIC UTILITIES LEWAN & ASSOCIATES CITY OF FORT COLLINS 1608 S COLLEGE AVE 700 WOOD ST FORT COLLINS Colorado 80525-1007 FORT COLLINS Colorado 80521 Delivery Date: 12/21/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 57 EA - 28' Ethernet Cat5 Cable @ $17.00- ARRA Funding per quote 1205-2011, Attn: Cindy Jacquot PLEASE EXPEDITE ORDER Advise Jim Hume, 221-6776 or estimated delivery date 2 27 EA - 45' Ethernet Cat5 Cable @ $22.67 - ARRA Funding FEDERAL REQUIREMENTS 1 LOT LS 1 LOT LS To the extent applicable, the terms and conditions under federal law listed below are incorporated into this Agreement. No Obligation by the Federal Government (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by DOE. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Federal Changes Contractor shall at all times comply with all applicable DOE regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Grant Agreement between the City of Fort Collins (the City) and DOE, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 612.09 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 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 Dec. 9. 2011 1:01PM H & H Data Services °°""" No.1927 P, Ivoor 17ropeA-l-4-0' ///.� o0 7 REQUEST FOR QUOTE Cat 5e Crossover Cables, Shielded Quote # 1203�2011 Company Name. H&H Bata Services THIS IS.A PRICE QUOTATION -- NOT AN ORDER Please supply pricing and delivery information. All items to be quoted FOB destination, as requested below. Respond via FAX or EMAIL within THREE (3) BUSINESS DAYS to: JIM HUME, BUYER -- thumeCacaov.corm or FAX (970) 221.6707 Any questions regarding this Inquiry should be directed to JIM Hume, 970.221.6770. Technical questions should be directed to Adam Bromley, PE, 221-6673, Cable Specification: Cat 59 Ethernet Crossover Cable, solid shielded twisted pair, R446 connectors, one T568A, aria T568B, wires 4, 5, 7, and 6 not terminated. Black or gray. Qty I Description Price/each Extension 57 28 feet in length, as specified "'01 74 '0 27 45 feet in length, as specified 30 various lengths (5' to 100'), as specified . Freight, FOB Destination aiIONA15o li Total: WI? 49V, 44S Exceptions from the above specifications, if any: By Date: Print Name: Title::::r Company Na a: Phone#: f�p - y8'2`601 �¢/ t� yea2rUic<�i. Email. FEDERAL, REQUIREMENTS To the extent applicable, the.terrns and conditions under federal law listed below are incorporated Into thlc AgreeMont 1 of 7 i CDWG.com 800594.4239 OE400SPS 1 SALES QUOTATION P { CLTC617 6109582 12/9/2011 II BILL TO: SHIP TO: y JOHN HUSTED CITY OF FORT COLLINS t 215 N MASON 3RD FLR MIS DEPT Attention To: JOHN HUSTED 1�215 N MASON 3RD FLR MIS DEPT Accounts Payable FORT COLLINS , CO 80522-0580 FORT COLLINS , CO 80522-0580 Contact: Jim Hume Customer Phone #970.217.9143 Customer P.O. # CUSTOM CABLES ACCOUNT,MANAGER SHIPPING METHOD TERMS ADAM RYAN 866.682.0927 UPS Ground (2.3 days) Master Card / VISA GOVT-EXEMPT QTy TEM NO. DESCRIPTION UNIT PRICE I EXTENDED 57, 256973 BELKIN 28FT CAT5E,SOLID SHIELD TWIST 16.70 951.90i Mfg#:BCC-RFQ19409A Contract: National IPA Tech Solutions 083052-01 271 256973 BELKIN.45FT CAT5E-ETHERNET XOVER CAB 23.70 639.90- MFg#: BCC-RF01940913 $1, 591. 80 Contract: National IPA Tech Solutions 083052-01 30 256973 BELKIN 5FT CAT5E ETHERNET XOVER CAB 7.63 228.90 Mfg#:BCC-RFQ19409C Contract: National IPA Tech Solutions 083052-01 30 256973 BELKIN 1OFT CAT5E ETHERNET ROVER CAB 9.87 296.10 Mfg#: BCC-RFQ19409D Contract: National IPA Tech Solutions 083052-01 30 256973 BELKIN 15FT CATSE ETHERNET ROVER CAB 12.04 361.20 Mfg#:BCC-RFQ19409E Contract: National IPA Tech Solutions 083052-01 30 256974 BELKIN 25FT CAT5E ETHERNET XOVER CAB 16.45 493.50 Mfg#: BCC-RF019409F Contract: National IPA Tech Solutions 083052-01 30 256974 BELKIN 100FT CAT5E ETHERNET XOVER 44.47 1.334.10 Mfg#:BCC-RFQ19409H Contract: National IPA Tech Solutions 083052-01 30 256974 BELKIN SOFT CAT5E ETHERNET XOVER 27.92 837.60 Mfg#:BCC-RF019409G Contract: National IPA Tech Solutions 083052-01 SUBTOTAL 5,143.20 FREIGHT 0.00 TAX 0.00 i I Please remit payment to: CDW Government COW Government 230 North Milwaukee Ave. 75 Remittance Drive Vernon Hills, IL 60061 Suite 1515 Phone: 847.371,5000 Fax: 312-752-3865 Chicago, IL 60675-1515 Fort Collins PURCHASE ORDER PO Number Page 9117561 2of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Termination a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 10 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Breaches and Dispute Resolution Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City's Director of Purchasing. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of Finance. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Finance shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. 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 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 City Of PURCHASE ORDER PO Number Page 9117561 3 of 7 ' `t n allnumber must packingF6r ` Collins` 1 ' on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. DOE Requirements DOE requires specific contract terms for the purpose of making audit, examination, excerpts, and transcriptions. Contractor is required to retain all required records for three years after the City makes final payments and all other pending matters are closed. Contractor shall submit all records, data, information and reports to the City required in the Agreement containing Confidential Information which Contractor does not want disclosed to the public or used by DOE or any other Governmental Authority for any purpose other than in connection with this Agreement and the Project, marked conspicuously with the following notice or with a notice or label of substantially the same effect: " Notice of Restriction on Disclosure and Use of Data The data contained in pages --of this [designate material] have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that DOE shall have the right to use or disclose the data here to the extent provided in the DOE Grant Agreement. This restriction does not limit the Federal government' s right to use or disclose data obtained without restriction from any source, including Contractor." Intellectual Property Contractor may copyright any work that is subject to copyright and is developed by Contractor under the Agreement. To the extent specifically permitted under applicable law, DOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use any copyrightable work developed by Contractor under this Agreement for Federal purposes and to authorize others to do so. DOE has the right to: (1) obtain, reproduce, publish or otherwise use the data first produced under this Agreement; and (2) authorize others to receive, reproduce, publish or otherwise use such data for Federal purposes. Debarment and Suspension Contractor shall comply with requirements regarding debarment and suspension in Subpart C of 2 C.F.R. parts 180 and 901. Officials Not to Benefit Contractor shall comply with the requirement that no member of Congress shall be admitted to any share or part of this Agreement, or to any benefit arising from it, in accordance with 41 U.S.C. 22. Civil Rights Requirements 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 PO Number Page CI�/ Of 9117561 a of 7 `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price The following requirements apply to the underlying contract: Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements DOE may issue. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (b) Age . In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (c) Disabilities . In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue Subcontracts - The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by DOE, modified only if necessary to identify the affected parties. Cargo Preference Requirements To the extent required under the ARRA or other applicable law for this Project, the Contractor agrees: a) to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b) to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" 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 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 Page City of PURCHASE 9117561 s of 7 `t Coll` ins This number must appear 1 1�7 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the DOE recipient ( through the contractor in the case of a subcontractor's bill -of -lading.); and c) to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. Project Reporting and Information Requirements Contractor and its personnel shall cooperate with and provide all records, data, information and reports requested by the City, in the form and format and within the timeframes requested by the City, in order to enable the City to comply with the DOE Grant Agreement reporting and information requirements for the Project. Contractor shall also provide the City with any backup or additional documentation required by DOE or any other Governmental Authority. Final Cost Audit In accordance with Applicable Law and the Federal Assistance Reporting Checklist, DOE F 4600.2, DOE reserves the right under the DOE Grant Agreement to initiate a final incurred cost audit in connection with the City' s Project. Contractor and its personnel shall cooperate with, and make all necessary AMI System and Contractor cost data and documents available to the City and/or to any representative of DOE or any other Governmental Authority for purposes of such audit. Job Creation and Retention Reporting Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data regarding the City' s Project job creation and retention, including without limitation, monthly and/or quarterly cumulative and/or current reports, as applicable, on AMI System and Contractor Services jobs created and retained at the " contractor" or " Contractor" level by Contractor, as required for the City to comply with the Federal Assistance Reporting Checklist, DOE F 4600.2 and the ARRA Section 1512 reporting requirements under the DOE Grant Agreement. Final,Close-Out Report Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data at the end of the DOE Grant Agreement performance period regarding Project completion. Contractor will complete a final close-out report which shall include such information and detail as the City, DOE or any other Governmental Authority shall request regarding the Project and Contractor services. If the AMI System and the Contractor services are completed or terminated prior to Project completion, Contractor shall provide the City with a final report of the AMI System and the Contractor services through the date of termination of this Agreement. American Recovery and Reinvestment Act of 2009 Buy American - not applicable. See below. Source: OMB Circular "A Desk Guide to the Buy American Provisions of the Recovery Act- February 2011" Computer Hardware and Software Server virtualization software and energy efficiency software are not manufactured goods; and thus not subject to the Buy American provisions. 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 Fort Collins PURCHASE ORDER PO Number I Page 9117561 6of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Cables and connections are examples of types of hardware equipment that could fall within the Buy American Recovery Act provisions because their installation makes them a permanent fixture in the building, similar to electrical wiring and outlets. Specific examples include fiber optic, Cat-5, or other cabling when installed inside walls, ceilings, or flooring; conduit when installed inside walls, ceilings, or flooring; and RJ-45 and other connectors when affixed to a wall or floor. Computer equipment that is built into the building, such as computer systems that are wired into the HVAC system or used to create a " smart building" could fall within the Buy American provisions under the same theory. By contrast, personal computers, file servers, and networking hardware equipment are typically easily removable and not intended to be permanent fixtures. As such, these products are not covered by the Recovery Act Buy American provisions . Other examples of hardware components that likely are not covered are- laptops or notebook computers, personal digital assistants, hand-held computers, and wireless communication devices; peripheral input/output devices - including keyboards, printers, etc. Economic Stabilization Contracting Employ American Workers Act (b) PROHIBITION.- (1) IN GENERAL. -Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(1)(b)) unless the recipient is in compliance with the requirements for an H-1 B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. (2) DEFINED TERM. -In this subsection, the term " hire" means to permit a new employee to commence a period of employment. C3. O!la:s�Q s� 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 $1,581.09 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 7 of 7 I. COMMIIRCIAL DETAILS. Tax nhpunns. by storm, the City of Fan Collins is exempt hour seal, and local loses. Our Exencolnum Number is 98-01501. 1 iodinel Excise Tax Examplion Cti ilicate of Registry 84 4000587 is registered with co, Collector of Imerrul Revenue. Denver, Colorado Bel. Colorado Revised Sbwtes 1971, Chapter 39-26,114 (a). Goals Rejected. GOODS REITcTED due to failure I. are,, scrifrmians, either when shippd or due ro defects of J.mug, o ramie, muy be ned w you for credit .,to are sal mo be opined except upon mn even, of vvri mnfir n ,muams ot it,, City of Fort Collies. Inspection.GOADS are subject.the City of Fon Collins inSwO non arrival 11. NON WAIVER. Failure of the Purchaser to most upon anon performance of th>,mu and condition hereut. fiilnc or delay m exercise any rights or remedies pmvidd hetoia or by lux, hail... to.comply unity the Seiler in she cvem of a breath, the acceptance of or pay noun for gauss hereunder or approval of the design. Shan nor release the Slier of any of the warranties of obligations of this purchase order and shall nor Be dwmd a waiver of any right of the purchaser 1n insist data strict performance hereof or any of its rights or memoirs ns to any such gpda, regardless of when shipped, resolved of nccedecT as In any prior or subsequent Jdhult hereunder, nor shall any purported nl modification or nuimion of this purchase order by the Princloscr operate as a wanvr of any of rho,rmu besmL Final Acceptance. Henry, of be merchandise, sen ices or equipment in redaction to This order can result in 12. ASSIGNMENT OF ANTI I RUST CLAIMS. npm etmmud yrnd on the pan of use City of Pon Collins. Hoveu o it is to be undeaaal thatFINAL Seller and the Purchaser recognize that in autwl economic pnaice, eventual resulting from omitrvst ACCEPTANCE is dependent upon completion of all applicable enquired impction procedures, violations are in fact bone by the Purchaser,T@retofocee. for good came and as eomidention for executing this purchase order, the Seller M1acby nips to the Punhaser any and all claims it may now have or hercilter Fright Terms, Shipments must Be ISO. B., Cry of FnI Collins, 7W Wood St_ Fun Collie, CO X0522, unless ii,cla d under Electoral or ,are antitrust laws for such overcharges elating to the particular goods or services "charm"apedticd an this order. if pen isaion is 'nee n prep.y bright and chit,, xPamdclY, the lair,orl begin purchased or trogred by t,t he Pinummtr na,m no I],,, purchase omcr. bill moat uccodnlwny invoice. Addicinnul eM1ages for pocking will not be uccgmd. Shipment Distance. Where nlanufuctumn have dionbcting points in vmium pans of the country, shipment is expected fnm the recover disrnbution poi, to destination, and seem freight will Be drducted team Invade when shipments are mad, from 6emcr diabmte. Pamirs. Seller shall procure ten sellers sale cast ell nc tss'ury .trials. ,difgme. and Reas, mrequire) by all applicable lass rebulai rdin 1 and rules office sate, municipality. century or pal I col butsdivismin when me work is performedo ...deed by say .,her duly eorsl rimed public aumndly b bluriumn un o the work of vicesion Seller funherragrees to hold the City of Fort Collins h—,I,. foam and against all liabiliy and loss erred by them by runion ofin croons or csablishd viulvion of ary such laws, regulations, urdirunca, male, am rcquircmonu. Authorization. All panic, to this contract agree mat the repnsemalive, on, re Ivor, bona tide and anus full and complete authority I, bind said pu, LIMITATION OF TERMS. 'Ibis Prachav Order expn'sdy limits acc,uncc ,, Wt barms and I run lulu.cited ma,in of Inch ,to any .,de nuour, or additional Iemw and conditions annexed Beret. or incorporated hncin by reference. Any additional nr ditb,em terns and renditions proposed! by seller arc objenN to and hereby tic anot 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complerc shipment to umve on your my .red delivery date old. Time of the essence. Delivery and Performance must be effected within the lime ,cited an tie purchase order and the documenta cinched lantern, Na vas hf II. Purchmnrsincluding, v,ulgm fin'nanin. inva,muse Of,recult JI hllp.l his .I M1 finy delay th,P lam shill have, oldinner legal and equtabl. .-die TIM1e opfon otpLeab fins oWe, .6ceeleae and holding the Salter liable lot dwnu,ex IT.—, cu the Seller shall not be liable lot damages as a result of delays due Io tames rem remove ly foreseeable wLich era beyond its onunabL... had and,floor, its fast, Acce,hRenee, such act, of God, an, of civil orncilds, arithicares, inconcrommal entities, fires, strikes, clad, epode, ts o, priiled elf it, Iodine of the conditions taming such delay is give .ode Purchaserwithin live (5) day, ofsthe time when the Seller lirsl received knmvled,e ch.... 11 In lie even, of any such delay, IM1e Jute of d,lc,,ry shall be extended for the period equal In Ilan lime actually lust by reason offer delay, 1. WARRANT Y. IM1e Seller ems Ihit all gcaL, omilm greacermls slid wmr, eu end by This order will eonlbrm with applicable drawings, sNcilicanom, samples utubbr other descriptions given, will Be N for the purpvs nouded, and ,s formN .Ill the hi,bc d it,,, of can and c..,lease in accomicame wish screamed standards for work of u miler came, The Seller agrees to hold the puela.ar Irarmlm Even any loss, damage or cxpeme which the Purchaser.ay sutfir or incur oat account office Sellers beach of warnuy. The Seller shall replace, repair or mnakc food. ,attract col to the purchisun .,cry Jdoo, or faults at within one 1 O year or within such longer period of nine as may be prescribed by law or by the terms of any applicable warranty provided by the Seller affect he dale of cc,mnee .t the gads mumshtm ad hereunder (acacptance mud to Be a...isubly delayed), resulting Drumimpr@cc or defective work Jove or matniils furnished by the Seller. Acceptance or use of goods by the Puaoloor shall not of any Imam uMe, chi, wamanry. Except as olherwis Dmoiderl in This ri—bmo ome,' the Sellers liability hernial shall extend to all dinubrs pvximmely caused by the bunch of any of the tangoing is amamia or Primerica, but such liability shall in no event include loss of profits or loss of no NO IMPLIED WARRANTY OR MFACT [AN I AHI ILL'Y OR OF FITNESS FOR PURPOSE St TALL APPLY. 4, CHANG 17S IN LEGAL I BRA1S. The Purchasennuy make changes Ia legal Icmu by wnnem afa r, order. 5. CHANGES IN COMMERCIAL I ERMS- The Punbav mu'... be any dung, to the icon, other Wan legal bates, including addaimu or or deletions franc the qua urigitully orJercd ill the specifications or drawings, by verbal or w risen change older. If any such change affect oho anmu Idle or the tineofprfonnanee hereunder, an crucible adjustment shall be...de. 0. TERM IN AI'ION S. The Purcbasr mcry al any lime by numn, change order, inns mace chi agreement a to any or all anions of the goods then n., shipped, subject m any equitable aaljonvid between the panics as to any work or hbtetiak rem in ring— provided that the Puehs— shall nor Be liable for any claims for anticipated pmtin on be uncompleted portion of the ,dam, and/or work. fur imcidm,l ar eonvque ramd damsges, and that no such attention, be made in from, of she Seller win, re,Pen w amry goods which arc she Seller sb.dhN emek. No such termination shall relieve the Purchaser at ter Seller of any of their obligation as to any,aode dch,cnJ hereunder. 9. CLAIMS FOR ADIUSTAIEN'I Any claim ILr adjmmem matt be asvemd within thin, (30) days front the date the change or Iermaction is ordcnd. 8. COMPLIANCE' WITH LAW. "IM1e Seller wa,mtnn that all goods sold hereunder shall have been produced, could, delivered and lurnishcd in snip -nt plwhic ill applicable law, and no,aligons 1. .1hal.IM1 b d are abj,,,The Sellersill m,vae and del' .1documm asmug be equ}d to efica orevidicince compliance. All law —and regulatical, required to be c.ryunced in agreements of ills character are hereby interposed herein by this a iomen. T he Seller agree, to indemnify and hold the Purekucr harmless team all ousts and Jaamgcs sullied by the Lawman, as u resell of the Sellers Gdun I. cuncply with such law. 9. ASSIGNMENf. Neither puny shall assign, transfer, or Quincy this under, or any manes due or In Iecunm due hereunder w'ithoutthe prior wrimen consent of the other parry. 10 TITLE. The Salicr vvmmn full, door and ransomed title to the Purchaser for all equipmen, matmiab, and items lurnishcd in performance of this .,meats,, free and star of any' lad all liens nstrioium, reservations. sremil5meats, cmductomcn and caters afmhcn. ❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dleecu the Sella to torten nonconforming or defective goods by a date to be agreed upon by the Purchuur and the Seller, and the Seller thereafter indicates its inability or unsvillin,nass m comply, the Purchaser may came the ,'ark to be pertormd by the must expdicfom means available to It. and the Seller shall pay ill cases isscarded will, such work. 'I he SdIn shall release [lie Purchaser d it, contractors of nay tin hour all liability said di cis of any nature caulk, frame net.. ...fich work. This release .bit apply even in the event of foul, of nceligenee of the pang element and shall evand to the dinemts, indii and uncployem ofach Davy. 'IM1e Sellte9 communist .1alfidiallsor, including warranty, shall not be demand to be reduced, in any way, Because such work is perfomed or caused in be pentrared by the Purchaser. IJ. PATEN PS. Whenever the Seller is required as use any design. device, material or poem emend by knee patent maintains r copyright. the Seller shall indemnify and save ham$ss the Pudavor fro infringement and all claims for infringemn by eaoPannedm n of the use of such design, device, arsenal or Drucessrin connection with the control, and shall indemnify the Purchaser for any cast expon,c or damage which it may Be obliged m pay by r.1.1... h infringement at any ligic during the prasecution or after the pi t' f the mork.said equipinign, or any pat Weir, err the intended use of the tl e, is in such suit l l no creadince infringement and the use <f said ryu'pu,enr to pan I, climbed. Oct Selleri II, at its own expense unit at its uptb a e lher ail lot the Punhaaer We thin to eoninu, using a J equipment or pans replace the above with substantially equal but nonirdiinging equip end, or nighty it wit Becomes nonirdringing. I S. INSOLVENCI'. If the Salicr shall became ,mount or bankrupt. make an assignnncnt for the benefit of cradmrs, appoint a m or m�re Tor v,y ref lie Sellers pncpny se biomass, chi, order navy fonbwith be canceled by the I'urchrocr without liulandry I6. GOVERNING LAW. The diinifi.ns of,mu used or the in,mnbti.n office aE cmem and the rights ofull panics hereunder shall be wand undo and,mead by IM1e I .... file Scale afColmichn USA. The hollowing Aidnional Condition, apply only in where the Seller is to Perform work hereunder, including the senicos of Sellers Repracneative(s), on the pr inisea eI'offers. 17. SELLERS RESPONSIBILITY. 'I bat Seller shall any an said work ac S,Iltes own ask until We smile is fully conplcnd and aeecaed, and shall. in ao,, of any accidnn, barnstorm or injury to the ,'lark cal material, before Settees Jr.) oompiction and acceptance, complete the War at Set Ices own cape,tand to the vtisBell on of the Producer. When materials and equipment are fireashed by others for installation or eani.n by the Scllcr, the Salter shill remove, unlwd, ,fore and handle smmo m IM1e sit, and harmonic nepn,lbit merctia m thou), such undercuts and/or equipment were being furnished by the Scllcr under the order. I X. INSURANCE. 'rice Seller ,hall, m his own expeme, provide her me.arms, of workers compensation, including occupnimbel disease Benencs, to if, employers employed oil or in connection with he work c.vumd by this anchor order. and/or to their mpndents in accordance with the laws of the ,eta in which the work is to Be done. The &-list Out[ also cart, emarcherche gimcml liability including, but not Emitted on, command and znomobile public liability insurance with Beoily injury, and death limits own least 5300,600 for any one prsna. 5500,000 or any mil accident and popsy damage limit or mcidem at $400.000. 'rile Seller ,hull likewise require his contractors, if any, to pruvidu tot such compensation and insurrose, leftor any of the Sellers or his coronas employees shall do my work upon the purl ofothers, the Seller shall furnish the Puua hcr with a cenilican Lou such eompna and insurance have been pevidod. Such certificates shall specify she date when such omprnation and insurance have onto provided. Such cenihicmca shall specify the Jac own such compen,ilion and insurance espires The Seller agrees that mach compca¢eion and insurance shall be mainmined..,it alie, the came, work is mmp4reJ and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. the Seller hereby —do... the ending res,mwmili,y and liability Im any ,to ell daub,,, loss or injury ofany kind or nature whatsoever, persons or pra,o, causal by or rmuldny not the ... cost— afNe work provided ILr in chi, purchae am,, or in ronmeclon he.. ill. Tab Salicr will indemnity and hold hamde, she Purehaccr and any or all of We Purchavors officers. agents and employes from and against any and all .Linn, loss s, danmgus charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be put or subject by re of any act, action, neglect, omission or ill on the Dun of the Seller, any of Iris contractors. o any of the Sellers ocontractor officers, atlenb or mploy,, . Inc airy aoil to the, pr.cred'cgS shall be b'o.,M a,muct the Purchase, or It officers, seralf, or `nploycesit any time on by of ary..d a eglecr o r default of the Seller ofanym mof his ceranors or any ofuit, or their aid,t s, agents on,amPlaY.s as shareable. the Seller hereby agrees to assume IM1e receive Ihert.f and to defend the are it the Sellers own txpen I. Pay any vad ail emu, charges m,ry. E. and other expo any and all judgments that may be incurred by or obtained conduct the Purchaser or any of its or Weir officers, ague or employees in weh suit, or other proceedings. unit in case judgment or other liar be placed upon or abLined against the pr.pny of the Purchaser, o, said ponies in or as a mach of such sails car ,,he, poe,,nery, the Scllcr will ac one emsn the ame an be dissolved and dischargd by giving bond or orl,c,c, is,. The Sells, and hb contractors shall take all safety precautions, furnish and install all guards necessary fur the pmunion of accidents, comply will, all lams and regulations with regard to safety including, but without limitation, tie Occupational Safety avid Health Act el 1970 and all races and regulations issmd pursunnnl¢nce. Resind 01C010 December 2, 2011 Independent Cost Estimate, Cat5e Crossover Cables, shielded. Based on previous purchases and prices obtained from the Internet, shielded Cat5e crossover cables cost up to $0.70 per foot, depending on quantity. Since we intend to solicit quotes for the cables and buy around 100 in various lengths, we expect to pay somewhat less than that. Cost estimate: $0.60 per foot. Ex: 28ft cable, $16.80 x 57 = $ 958.00 (rounded to nearest dollar) Ex: 45ft cable, $27.00 x 27 = $ 729.00 Misc cables $1000.00 Total: $2687.00 Price Analysis, Cat5e Crossover Cables Lewan's offered pricing, $17.00 each for the 28ft cables and $22.67 each for the 45ft cables compares favorably to the cost estimate. In addition to providing the lowest bid pricing, Lewan provided a formula for pricing other cable lengths: $7.67 + 0.35 per foot. Total cost, depending on the exact number and length of the Misc cables, will be about $2162. Excluded Parties Search 096cluded Patties List :a ,ds 0 *whet ores >Exacl Name a,M SSNRIN *MyEPLS * Rec. UpUeS *Browse All Records *RssWWmCPdps >Pmcwemem Cpdes >N.ms.Weme,d Gode4 Soa ch Results fw Parties Excluded by Fact, Emmr, pr Vusol : Lewan B Assocutee b of 0? 2011 C01 PM EST Save to MyEPLS Vour search retumed ne nsulu. Back New Search Pdmvro-Fnendly I *Search HOP >AdvaR[M Sach Tips 'Nickc U,Wf Manual *FAQ >Acmnyms >Prmacy AN Provsans *News System 1pr Award MamBemmt s 'F I Alva uN Rsasts �aRwwllrNmx .�..� Note: Though this turned out to be a micro -purchase, we weren't sure of that to begin with and, if additional cables are required for the Advanced Meter project, this purchase may well go over the micro -purchase limit. t REQUEST FOR QUOTE Cat 5e Crossover Cables Shielded ........_......................................................... ; . Quote # _ i 1205-2011 Company Name: € Lewan & Associates THIS IS A PRICE QUOTATION -- NOT AN ORDER Please supply pricing and delivery information. All items to be quoted FOB destination, as requested below. Respond via FAX or EMAIL within THREE (3) BUSINESS DAYS to: JIM HUME, BUYER--ihume(a�fcq-ov.com or FAX (970) 221-6707 Any questions regarding this inquiry should be directed to Jim Hume, 970-221-6776. Technical questions should be directed to Adam Bromley, PE, 221-6673. Cable Specification: Cat 5e Ethernet Crossover Cable, solid shielded twisted pair, RJ45 connectors, one T568A, one T568B, wires 4, 5, 7, and 8 not terminated. Black or gray. Qty :' Description Price/each Extension ----------- 57 28 feet in length, as specified. ................-...............................................................................................................................:..::.................. ` y'lr yC.. :Y. 27 45 feet in length, as specified 30 various lengths (5' to 100'), as specified per foot N/A Freight, FOB Destination � I ......... t_. _ .W....... ......... _...... t ......._........ _._ Total:t?i5 jJ Exceptions from the above specifications, if any: Y•; ✓ u- . ;tea Gate: Print Name: r;:�'y''.)f�C.(tcji Title::..�ii 7 S_.....------- .------ __: Company Name: Phone #: Email: f r C •. , .. is i . ..._.�..Ge.; Gt4l 3' / �...>C.3:.,..t sc ? �?.._; _, . � � , ) i c.. 1AC} i '�c! .i.v�.ii'� '• �.., 6 k