HomeMy WebLinkAbout497003 NEPTUN LIGHT - PURCHASE ORDER - 9120178City of
:,.rt Collins
Date: 01/11/2012
PURCHASE ORDER
Vendor: 497003
NEPTUN LIGHT
13950 WEST BUSINESS CENTER DR
LAKE FOREST Illinois 60045
PO Number Page
9120178 'of' —
This number must appear
on all invoices, packing
slips and labels.
Ship To: OPERATIONS SERVICES WAREH
518 N. LOOMIS
FORT COLLINS Colorado 80521
Delivery Date: 01/09/2012
Buyer: JAMES HUME
Note:
Line Description
Quantity
Ordered
UOM
Unit Price Extended
Price
1 8 each #37500-480-SA6 White
1 LOT
LS
4,768.00
Streets Parking Lot lights
per quote dated 10/31/11.
2 10 each #21100SCT-UNV-BRZ
1 LOT
LS
2,480.00
Per quote dated 12/7/11.
3 7 EACH 21150SCT-UNV-BRZ
1 LOT
LS
1,946.00
Per quote dated 12/7/11.
FOB: Fort Collins, CO, freight prepaid and allowed
FEDERAL REQUIREMENTS
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
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
List Price: Subject to change without notice after termination date.
Delivery: From stock, 7 to 10 days.
Installation: Installation date subject to negotiation
(One to two week notice is appreciated).
Buyer's Obligation:
1. Loader or forklift to be available for approximately 7 hours.
2. Weigh bridge or suitable product of accurate known weights to be available for
calibration purposes.
3. Loader operator to be available after installation for calibration and training
(1 hour).
Terms: Net 30 days.
Taxes:
The purchaser to pay to Desert Basin Companies, LLC, in addition to the purchase price, the
amount of all sales, use privilege, occupation, excise or similar taxes, federal, state or local,
which Desert Basin Companies, LLC is required to collect in connection with furnishing the said
merchandise to the purchaser.
Warranty:
Loadrite North America Limited warrants all the components and parts of the LOADRITE
L2180 system for three years (labor for one year) and its optional accessories to the original
purchaser to be free from defect in materials or workmanship for a period of one year from the
date of original installation. This warranty does not apply to any items which have been subject
to abuse, accident, or misuse, neither does this warranty apply to system calibration. The
LOADRITE L2180 has not been NTEP approved nor certified "legal for trade."
Loadrite North America Limited will repair (or replace, at its option) any part of the Loadrite
system and its optional accessories that had failed as a result of defect in materials or
workmanship.
Yours sincerely,
Jeff M. Lovell
Product Support Representative
Additional information can be found at
www.loadritescales.cotn
L
NEPTU
i %
�:L I G H T
City of Fort Collins
Tracy Ochsner
Fort Collins, CO 80522-0580
American Recovery and Reinvestment Act Compliance Certification
This is to certify that the following products fabricated at the USA locations listed below are in full compliance
with the "Buy American' provision as required under Section 1605 of the American Recovery and Reinvestment
Act of 2009, as amended by Interim Rule Subpart 25.6, Volume 74 Fed. Reg. 14623-33 (March 31, 2009)
Product: Item or Part # Description Manufacturers Address
21000SCT
37500
Matthew Jarosz
Print Name
Matthew Jarosz
Signature
Induction - Wall Pack Fixtures
Induction - Shoebox Fixtures
Neptun Light, Inc.
13950 Business Center Dr.
Lake Forest, IL 60045
U.S.A.
Inside Sales
Title, Position
12-7-11
Date
If you have any questions or need additional information contact us at ... Phone: 847-735-8330
E-Mail: mattjarosz@neptunlightcom
Ouestions for Determining whether substantial transformation has nerttrred in the I c
QUESTIONS � � �
YES
NO
1. Were all of the components of the manufactured good manufactured in the United States, and were all of the components assembled into the Imal product
in the United States:( If the answer is yes, then this is clear) manufactured in the U.S, and the inquiry is complete)
❑
O
2. Was there a change in character or use of the good or the component in America'? (These questions are asked about the finished good a whole not about
each individual component)
El
❑
A. Was there a thane in the physical and /or chemical properties or characteristics designed to alter the functionality of thegood?
J
b. Did the manufacturing or processing operation result in a charge of roduct s with one use into a product with a different name
171
C. Did the manut'ucturin g or processing operation result in the narrowin i of the range of possible uses ofa multiuse product
3 Was (were) the process (cs) perfortned in the U.S. (including but not limited to assembly) complex and meaningful?
a. Did the process test take a substantial amount of time?
b. Was were the process es costly?
c. Did the rocess (es) require articular high level of skill?
d. Did the rocess (cs) require a number ofdifferent operations?
e. Was substantial value added in the process (es)?
if the answer to question i, 2a, 2b, 2c, or any two questions in 3 is (are) YES then the Manufacturer Good is substantially Transformed in the United Slates
Neptun Light, Inc. — 13950 Business Center Drive — Lake Forest — IL — 60045 / PH: 847-735-8330
.
NEPTON,
= =
961 North Shore Drive
Lake Bluff, IL 60044
_
Tel.: 847-735-8330
Fax 847-735-8004
Company: City of Fort Collins
Address:
City: Fort Collins St: CO Zip:
Contact:
Tel.:
City:
Contact:
Tel:
Quotation Form
State: Zip:
Date
Freight Terms
I Pa ment Terms
I Rep
I Quotation p
Ship Via:
12/7/2011
FOB IL
I Net-30
I EMC2
I
Best -Way
Notes: Quoted Neptun Light costs are based on FOB Lake Bluff, IL location.
Product lead-time for quote volume is 60-75 days ARO.
Item No.
Description
Illustration
Qty Ordered
Unit Price
Amount
21100SCT-UNV-BRZ
Induction -18"Wall Pack - Semi Cut -Off Fixture
in
10
$248.00
$2,480.00
100 Watts - Universal Ballast 120-277V
Bronze Finish
21150SCT-UNV-BRZ
Induction -18"Wall Pack - Semi Cut -Off Fixture
1
7
$271,00
$1,940.00
150 Watts - Universal Ballast 120-277V
Bronze Finish
Page 1 of 1
NEPTON.
n960 North Shore Drive
Lake Bluff, IL 60044
Tel.: 847-735-8330
Fax: 847-735-8004
Company: City of Fort Collins Company:
Address: Address:
City: Ft. Collins St: CO Zip: 80522 City:
Contact: Contact:
Tel.: Tel:
Quotation Form
State: Zip:
Date Freight Terms
I Payment Terms
I Rep
I Quotation #
Ship Via:
10/31/2011 FOB IL
I Net-30
I EMC2
I
Best Way
Notes: Quoted Neptun Light costs are based on FOB Lake Bluff, IL location.
Product lead-time for quote volume is 60-75 days ARO.
Item No.
Description
Illustration
Cry Ordered
Unit Price
Amount
37500-480-SA6-White
Induction -23" Shoebox Fixture
r
8
$596.00
$4,768.00
500 Watt - 480 Volt - 6inch Side Arm Mount
White Powder Coat Finish
TOTAL:
Page 1 of 1
Fort Collins
PURCHASE ORDER
PO Number Page
9120178 2of7
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.
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
C3. O✓l�:stiQs�
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, 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
City of 9120178 3 of 7
' `t Collins
oll I n C This number must appear
�7 on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.
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
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
City. Of20178 a of 7
`t Collins( on all invoer ices,
appeaF6rr
V J on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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
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.
0AA:9-ems
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, 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
City of 9120178 1 5 of 7
Collins This number must appear
Flirt
,�—J`-' ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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"
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
C3. O✓la:-fl-Q�
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill Il, 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
C117/aOf 9120178 s of 7
�■ Collins
This number must appear
J on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Buy American
SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.
None of the funds appropriated or otherwise made available by this Act may be used for a project for the
construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and
manufactured goods used in the project are produced in the United States.
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)(i)(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.
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:
194.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Of der Terns and Conditions
Page 7 of 7
I. COMMERCIAL DETAILS.
Toecx,m.....is. By stumm her CityulFort Cullins is vxempl load ,all and In,al taxes. Our Lx... for Number is II. NONWAIVL'R,
98-04503. Federel ExciW Tar Exemption Cerihcate oa' Registry X4-6I0115X2 Is registered who the Collector cI Failur of the Purchaser insist ulwn strict performance of tiro terms and conditions hereof milur, or delay to
Internal Revenue, Dvu.er, C.Imardd Ile]: Colorado Revived Smmtes 1973. Charm 39-26, 1141a)_ c any rights or em dies provided heteit Or by law, farm, a.Pmmpny notify the Seller in the cuem of a
breach. ire acceptance of Or paynncnt for goods hereunder or approval of the deign, shall not elease the Seller of
Goods Rejeced, GOODS REIECI ED due m Ili] ore to teem spcvi lieantoo, v d-when ahippd or due to thwel, o1 my of thew Ner Obligations of this purchase oand shall not be dcemcd a waiver of any right of the
damage in trans:, may be returned to you for credit and ar una m be replaced e. a'pt ulrn .,cap, of writer lateral"'to ingst upon strict Petrofina— thereof )rally of its righ ser rchudiesrslu any such gods, regardless
nnhruwnns from the City of Fon Collins. of when ahiPlmJ, rvenwgi O ..pled, as I,)
any priorsubsequv t default faeunder, nor shall any mr,oned
rut modilicainn or -cession..
cession ,, his mr0c,, order by the Purchaser Operate as a waiver of any of the terns
agreeing. GOODS are sobject to the City rot Fort Collins inspection on arrival. hmeol:
Final AcecVtancc. Receipt of ❑e nu•rchndlsc, services or equipment in respmtse to this order can result in 12, ASSIGNMENT' OI' ANT'I IRUS I' CLAIMS,
umuroM I
paym the part of the City Or Pon Collins flowerer. u N unwd dnaUral FINAL Seller and the Pudmsc rr recognize that actual e e
c practice, o hm mrg,s resulting froama ro
ACCEPTANCE is dLW dus upon coomiction)fall applicable required insp:nion procedures. viulmimns are in We, borne by the Purchase, uremlow,J rgood cause and as consideration for cmeunng this
puchase omen the Seller hereby vvigns , file Purehmer any and all claims it may now have or hereafter
Freight Timor, in,, be EOTT, City of Fore Collins, 700 Wood S., Fun Collins, CO 80522, unless acquired Older federal Or state an ono. laws far such o eeharge, relating m the particular goods or unteu
mahw,specified Oa less oNer. I f pen is given o prepay tright and den N...... Jr. the origiml l}eigo purchawd or acquired by the Parchaser pursuant to Nis puohve, Order.
bill must accompany invoice. Additional charges fur ranking ss'ill not be accepted.
Shipment Distance. Where canufaconvol have distributing lognis in various pate of the country. shipment is
exV,ced from the nearest a rributidn point to dOunci ivin, and ns,,, freight will be daWmed Iron, Inv)ice whin
shipments Ore made farm Grater distance.
Ronnie, Seller shall ishicare at sellers sole con all nenoar, pmm .ilicmm and licenses occurred by all
applicobl, laws, re&ulmints, on ina ens and miss of the are, harmahpday, rrnmry or pulifical shod, farm where
the work is perlonned, or required by any Other duly o nsgitutcd public authority Loving jurisdiction der the won
of vendor. Seller further .bras O hold the City of Fort Collins hamdnss It and against all liability and lea
incrood] by them by —on of an averted or established violation of any sovh sw,, regulation, odiwnecs, rules
and "mrmcnn.
Ammo remo n. All panics Io this ,march ogre that the mprewnutves are, in fact bum tide and Voss,as full and
mnPlco a dminly I. bind said parties.
LIMITATION OF TERMS. This Paleface OrMr agocvly limits acceptance to the Rmps and conditions stmcd
herear set forth and any supplemcn rry or additional felons and condition, annexed harem or inempomed hernia by
reference. Any additiond or Ethereal umu and conditions pmp.mud by seller Ore objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT' immediately if you cannot make complete shipment w arrive no your
,,arrived delivery date a noted. Time is of fha,acre. Delivery and plor once must be cBimd within the time
sand on the purchase color and the daemmenr attached h.rho. No act of Ih Purchasers including. wiahoul
firnicannon, acceptance ofpanial late ddivenm, shall .,,are stiffs Inso who. In the,vent uCo., delay,
the Purch,en shall have in addition to other [,gal and equitable manahs the option a pucinb this Order discounts,
and holding the Sella liable for damaE s. Bowmen the Seller shall art be liable for damages as a rsuh OI d,l,a
due to canes nor reasonably rousceable which are beyond its reasonable .nor and withoat its fault ol'negligonwv,
,.Ill acts of God, act of civil or military -families. gm armemal priorities, lira, errikec, flood, epldmmics, wan or
non Provided that notice of the condition causing such delay is giem t0 she Pumbasel wifoim live (5) days Or she
-when the Seller lint meci,ed knowledge thereof, In 0, ever of anam y such delay. fhe dof delivery shall IllexmendLA for the pried equal Io the aim..orally used by reason ofth, delay.
3. WARRANTY,
The finite . waonnts Ibut all Bawds, anicl,s, doughnuts oral wed cowRd by this order will cartoon with applicable
drainp, ,pecifcalione, temples andlor other descriptions given. will be lit for the puryexs inemJ, and
performed! with the hipheu degree Of ar, and sumpl n oalmo with werpred smndurmts I., vend of a
miter . the Seller agree o hold the purcduserhnd :uev from any loss, damage o po exwhich the
Procurance may sutler or incur on account of the Sellers breach of wamnry.'nc� Seller shall rgalae, npoir onmke
good, without cost to the Porfor, r. any deniers or faults arising within one (p year rer pewithin such longriod of
.Iran as may be prescribed by law may the ,.-army applicable wamnty providedm by the Seiler after the date of
acceptance of the goods fumigated hereunder (acceptance not to be, umcawnably delayed), Reunion, from impenkcl
Or defmtive work done or narcosis tumubed by the Seller. Acceptance or use of gads by the Purchaser shall not
constitute a waiver orally claim under this warranty. Ealicid as mbuwive pm,ided in this imehave oNer. the Salley
liability hereunder shall evuend to all dmages provinagely caused by the breach orally of the foregoing e
or guammvcs, but such liability shall in no event include less efforts or loss of use. NO IMPLIED WARRANTS'
OR MERCHANTABILITY OR OF IT I NESS FOR PURPOSE. SHALL APPLY,
4, CHANGES IN LEGAL TERMS.
T he Purchaser may make clauses to legal It— by wrindn change order.
5. CHANGES IN COMMERCIAL TERMS.
be Purchaser may make any change, m the temtl,.,her than legal umns, including additions I) or thermion, font
the quantities originally ordered in the spmilicicon or dmwing,, by verWl or written elunge order . If my such
loome alTcun, fbe othsins
-norm
duo or e ofm pTfmnmcc hereunder, an equitable adlmrent shall be made.
b. TERMINATIONS.
The Patchwr may at any limo by wench change omen mnnimte this agrenrm ,,.air, shall pemion urban
ewds then not shipped subject to any cquimble nejmtmem pnwRn the Iwgim us w any weed err maerias then in
pmgn'ss P.,tried that the Purchaser shall rem be liable 'or any ,laity for mtieipnad pr)lita an the maymadmad
portion of the goofs andor work, for incidental or consequential damugu, mod Jan no such ndjumnent be (trade to
favor dlfhe Scllcr wrob respny goods which are of Seller, sill thick. No such termination shall relieve
hy The Purcncr or the Seller ornery my
their obligaliem an to any goods delivered haconJer.
]. CLAIMS FOR ADJUSTTMEN 1.
Any claim for adjustment mot be asserted within thirty (30) days rival the Jae the change or termination is
ordered,
8, COMPLIANCE WITH LA W.
The Seller warrant, the all gods mod ho,mder shall have been produced veld, delivered vad lurniahce in stria
compliance with all upplicable law v and regulations 10 ivIrish the good, are subject. rlic Seiler h ll execute unit
del ivur such dominants as may be rqu Tut to effect video oldiane All law and regulations required tobe
corporate in agog cots of fhi, charuner via hereby incorporated btoemin by this reference. t'he Seller agrees
indemnify and hold tire Purchaser c less Goat all emu and damages sOffered by I1.c Purchaser as o result of the
Sellers failure to comply with ,uch low.
9. ASSIGNMENT.
Neither Party shall align, mi-R, Or convey this order, or any mmtics due or to bceom, due heemder without the
prior carmen moment Of,h, u0mr Party.
10. TITLE.
The Seller warrant, full, clear and unrestricted title ionic Purchaser be all equipmem.materials, and fruits fumished
n performance of this uncritical, free and clear of any and all limit, resrictimu, revreatioru, security interest
enumbmnus one etuims )father,,
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Drive Purdlov,r thinks the Seller ao,unto arr comodoting or d 1l cove gods by a data In be agreed upon by the
Purchaser and the Seller, and the Seller themaBcr indicates its inability or onwillingnev Ic comply, the Purchaser
nay auw the week o be python md by the hung expedition means .,.:table to it, and the Seller slmall pay all
and, osswsled with such work.
The Ailey shall r1ease the Purchvwr and as Odometers of any gist from, all liability and claims of any rearms
resulting rent the performance ufsueh work.
this relem, shall apply ,ven in the event of fault of negligence Of the party elcal and shall extend to the
dimnon, officer .,,it nnpbyces of ,v,h parry.
The Silures mntmnall obligations, including %aunty, shall no be drented to be reduced, in any way, because
such work is peromted or caused to be M*fornt ni by the Pamervi.
14. PATENTS.
Whenever the Seller is required to use any design, dery material or roccovered by tenor. Patent, trademark
p r coyright mmhs the Seller shall indemnify and save hathPurchaser from any and all claims for in Mngamrnt
by R ul'the a of such peered deign, device. parent] or procce. a coralwnh the nadrays,
am
axr shall intimmiry the Purchfor any coal, aspen or damage which its y W obliged to pay by ¢ uf such
infringement at any lime during the pm ccution or after the completion of the work. In case said cluipi um , or
any an thereof or the intended uv of the goads, kc in such suit held to co urimu arriagrntent and the use of
said cipiphicant or pan ` ejoinod, theSeller shall. at its own expense and at it, ophon, eitherprovion for the
Purchaser the right to continue using sa J equipment or pats, Place the some with substantially equal but
noninllinging u'quipincm, or mafity it w it Ncomcs nuninfringing.
15, INSOLVCNCY,
I1 the Seiler shall bucome inwtvent Or bank.,. make an ocignmcnt In, the benefit of creditors, appoint a
ovocivm or source aor any of the Scien property Or brines,, this oNo rimy forthwith be canceled by the
Purehmr without liability.
lo. GOVERNING LAW.
The Jcliontons of thrall used or the inteaptetmion of the agovinem aml the dghninfall parties haemaa shall be
husband under -of governing by the laws of the Slate of CuloraJo, USA.
The following Additional COmlitium apply only in cases mhac the Seller is to prfelon work h rmonic,
including the swim ol'SaEan Repmsentaive(G. on the premiers of ohm.
19. SELLERS RESPONSIBILI I Y.
Tb, Server anal mr, o said nod aI Scllm-i ono risk mail the vow is fully mmplmd and accepted, and shag,
in crew, of any accident, duwni)n or injury to the work and/or materials before Scifer's final mmplenidn and
irca,hinc, complete tile work at Setters own expense and to the edistuction of the Particular. When materials
and equipment arc punished by others for inateRnic n Or memom by the Seller, the Seller gulf remise, unload,
ame and hush, rare at the sit, and becom, intangible thenf r as though such materials andaur equipnanl
ncre being furnished by she Sailer under the Omer.
18, INSURANCE.
The Serer shall, ail his ..it capac, Provide for the payment of workers compensation, including occupational
disease brnebn, to its employees employed on or in connection with the won covered by this purchase oNer,
error to their dcpendme, in aeemdmev with the lies of the state in which the %ork s to h done. The Seger
shall ultra curry compnbaane general liability including, but and furnace to, cmnactual aml automobile pairs
liability insurance with bodily injury and death limits oral least S3lgpfp for any one prawn, S5110.000 for any
ccidem and prvMny damage limit per ne,gam of Sundial The Seiler share lihwive require his
commeua, if any, to provide lot such eunmpntetion and insurance. Before any of the Sellers or his contractors
employee, share d0 any work dies. fit, ovince,ufothen, the Sellastrall burnish the POrchaserooll acenifcme
,hot such c mdopmaiom and im r have been provided. Such smilie... s shall specify the dam when such
spolonesention and immoral have when provided Such amilicatesshall specify the date when such mormansation and insurance expires, the S,Ilcr agate that such .mmnea ern and insurance shun b, maintained until after the
entire work is completed and al
19. PRO I ECIIUN AGAINS I ACCHNiIt S AND DAMAGES.
The Seller hereby avionics the mairs responsibility soul liabil iry for any and all Janage,loss or injury ofanY kind
or nature whacmvcr to perwm or praprfy caused by or resulting from the eveculton of the work pre, and for in
this purchase order or in connection herewith. The Seller witI indenmi ly mad hold hamJev the Pascal and any
t air .1'the Purchuaen Offices, agent and cmpoyces don, and viniml any and all .Ia..s, heev, damages,
charges or ecpenes, wfictber dimet or inl mud whahvr to perwas or pmpeny m a hick the Purchaser may
be pm Or subject by mown of any act, aaiun, neglect, m .111u1i err.,fault mat Ore an of the Seller, any of his
suntractors, or any of thcontractors ni e Sellers or contraors Ocmv, air+'nls or employeesm. In cany suit or oiler
ucceeding, shall be brought against he Purvouch, oridO iLen, agents Or coldayecs at any time on overall or
by reasonof ay.e .usn Efrwv c tiagen rJduult of the Sellerry of tof his contractors or any of its or
their dfree,. agents ufirrewto x ld, the Seller Leomy apeca aue the Jefenthereof and in
defend the m the Sewers Own cmanov, to pay any and all cost,, charges, attorneys Ike and other expos
any and at judgm gals that may be incrocid by or obtained against the Purchaser or any of it, or their oBicers.
ogeafs or employee such suits O other uniev illp. and it se judge ivm or other lien be placed upon r
obtained against theproprty of hoe Puruhater, or said parties in or n a result of such suits or other pmcadings
,he Seiler will atonce can,the .mne as be dissolved od discharged by giving band ormherw E. The Seller and
niv contractors shall take all airy precauniou, Ernst and install all gram, n[awry for th, presenllon of
ecdvina , empty with Orr raw, and regulations with regard in safety including, but without limitation, the
Occupational Safety and Health Act of 1970 u d all m1e, and regulations issued pursuant thereto
RvviWd1 03/2WO
October 3, 2011
Source Justification and Independent Cost Estimate (ICE), Streets Facility Lighting
Neptun makes the only 500 watt Induction fixture currently available. Neptun Induction Shoe
Box Fixture - 23" square, 37500-UNV-SA6 pricing:
Price, direct from Neptun:
$711 each
Price, Shineretrofit.com
$670 each
Price, Conserve -A -Watt
$675 each
Since the requirement is for eight such fixtures, we do not expect to obtain much of a discount
from any supplier. Estimated cost: $670
Price Analysis:
Prices were received from Neptun and Conserve -A -Watt. The Shineretrofit pricing is available
for any purchaser, via their web page.
Shineretrofit $670 each, plus the cost to powdercoat the fixtures white
Conserve -A -Watt $675 each, including white powdercoat
Neptun $596 each, including white powdercoat
Based on our research and the prices received, Neptun's price is fair and reasonable.
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LOADRITE L-SERIES Quote
Date: September 21, 2011
To: Neal Jaspers
City of Fort Collins
Fort Collins, CO
To supply and install on front-end loader or forklift of your choice:
One LOADRITE Model 2180 digital weighing system as per the attached specifications.
One LOADRITE Model L2180 System , $ 7,450
Technical Support Representative to $ 1,200
Assist in installation, calibration, and
Training of customer personnel.
(Installation price to be confirmed).
Heavy Duty Optimum Precision Install $1,500
Optional Features:
Loadprint Model LP950 Printer $ 1,695
LR966 Ground Slope Compensation $1,200
LD957 Material Management System $ 2,500
(Office base and one loader mobile)
LD954 MMS2 Add -on System $ 1,823
(mobile only, for additional loaders)
LD 100-S MMS2 Radio Modem System $ 2,495
(Office base and one loader modem)
LD100-A MMS2 Radio Modem System $ 1,345
(For additional loaders)
Conditions of Sale:
Termination: This quote remains valid for 30 days.