HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9120593City of
art Collins
Date: 01/30/2012
Vendor: 109184
LEWAN & ASSOCIATES
1608 S COLLEGE AVE
PURCHASE ORDER PO Number Page
9120593 ' of a
This number must appear
on all invoices, packing
slips and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
FORT COLLINS Colorado 80525-1007
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 01/29/2012 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Battery Backup Unit
TrippLite #INTERNET35OU
1 LOT EA
25 ea. Battery Backup Unit Tripplite #INTERNET350U
a. Maximum Dimensions - 8" L x 6.4" W x 3" H
b. Minimum Power Handling Ability - 300 VA
c. Maximum power cable length - 6' (T is preferred)
d. Right angle power cable exit from unit is desired but not required
e. 45 degree offset of power plug is required to ensure use of second outlet on duplex
f. Six surge protected outlets included
1,125.00
FEDERAL REQUIREMENTS
To the extent applicable, the terms and conditions under federal law listed below are incorporated into this
Agreement.
No Obligatiornby 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.
C3. OYIa.� 9-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 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
Pagc I of 1
Opal Dick
From: Opal Dick
Sent: Sunday, January 29, 2012 9:47 AM
To: Opal Dick
Subject: Pricing Estimate and Pricing Analysis
The price estimate for this purchase had a range of $55 - $65. This estimate is also referenced in the review by
Adam Bromley
The price analysis of the quotes includes both technical and price analysis and is also included in the review by
Adam Bromley
EPLS is included in reference material.
U29/2012
Page I of 1
Opal Dick
From: Adam Bromley
Sent: Friday, January 20, 2012 11:54 AM
To: Opal. Dick
Subject: Quote Ref# 0111a-2012 Battery Backup Unit
Opal,
We received quotations on this bid from Lewan & Associates, H&H Data Services, and Anixter. The unit that
Anixter quoted did not meet our size requirements and should be rejected. The units that were quoted from H&H
and Lewan both meet our specifications; however Lewan gave us a much better price ($45.00 each) than
expected ($55 to $65). H&H gave a price of $61.41, which was much higher than Lewan's quote. Lewan also
gave us a delivery time frame of 7-10 days, whereas H&H stated "NA" for delivery.
It is for these reasons that I would recommend that we award this bid to Lewan & Associates for the Tripp-Lite
Internet350U Battery Backup.
Thanks,
Adam Bromley, P.E.
Senior Electrical Engineer
Standards Engineering Division
Fort Collins Utilities
700 Wood Street
Fort Collins, CO 80521
(970) 221-6673
abromley@fcgov.com
5'01 9I 00/0/. 557M :5q7 j
1 /20/2012
City of
CoF6rt
P u rc'oh *a s i n dg
Date: January 12, 2012
Ref #:0111a-2012 Battery Backup Unit
Financial Services
Purchasing Division
215 N. Mason St. 2n0 Floor
PO Box 580
Fort Collins. CO 80522
970.221.6775
970.221.6707
lcgov.rom/purchasing
Firm Name: LewQr, + �S50CIgtes
THIS IS A PRICE QUOTATION — NOT AN ORDER
Please supply pricing and delivery information, all items to be quoted FOB Fort Collins, Colorado,
as requested below; and respond via FAX or E-MAIL within 3 BUSINESS days to:
Opal F. Dick, Senior Buyer, CPPO
odick(&fcgov.com (e-mail)
(970)221-6707(fax)
Any questions regarding this inquiry should be directed to Opal F. Dick, Senior Buyer, CPPO (970)
221-6778.
Any technical questions should be directed to Adam Bromley, PE, (970) 221-6673.
QUANTITY:
DESCRIPTION:
25 ea. Battery Backup Unit (UPS)
a. Maximum Dimensions — 8' L x 6.4" W x 3" H
b. Minimum Power Handling Ability — 300 VA
c. Maximum power cable length — 6' (T is preferred)
d. Right angle power cable exit from unit is desired but not required
e. 45 degree offset of power plug is required to ensure use of
second outlet on duplex
f. Six surge protected outlets included
$ 45, Qd Ea.
Mfr.-FFri hi7 L '+2
Delivery: -% - ) 0 j 4v'
$_ Z5 ,y� Total
Mfr. # ZNTERNFT3S0 ( _
Items being bid meet the above specifications without exception.
Yes X No If not, please list exceptions, specifying
paragraph reference number, on a separate sheet and attach to your
bid.
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 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 falls 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, tern 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.
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
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 sea., (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" 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.
Proiect 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"
Procurement Provisions:
This contract is funded by the "American Recovery and Reinvestment Act of 2009" (ARRA). In
compliance with the ARRA contractors and subcontractor must adhere to the following
provisions:
ARRA TITLE XV—ACCOUNTABILITY AND TRANSPARENCY
BUY AMERICAN
SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS. (a) 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.
(b) Subsection (a) shall not apply in any case or category
of cases in which the head of the Federal department or agency
involved finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron, steel, and the relevant manufactured goods are
not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods produced
in the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the head of a Federal department or agency determines
that it is necessary to waive the application of subsection (a) based
on a finding under subsection (b), the head of the department
or agency shall publish in the Federal Register a detailed written
justification as to why the provision is being waived.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
ECONOMIC STABILIZATION CONTRACTING
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES
RECEIVING TARP FUNDING. (a) SHORT TITLE. —This section may
be cited as the "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)(15xhKi)(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--113 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.
SUPPLEMENTAL INSTRUCTIONS
Prices quoted must remain firm for a 30 day period after the opening date.
Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing
submitted on proposal and not entered as separate pricing.
Any discount allowed by Vendor for prompt payment, etc. must be reflected in quoted figure,
and not entered as separate pricing.
The City reserves the right to accept or reject any and all quotes.
Any questions or inquiries regarding this bid should be directed to:
Opal F. Dick, CPPO, Senior Buyer (970) 221-6778
/JN Fn-FEr r s . Sal �s R
SIGNATURE AND TI
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TYPED OR PRINTED N ME AND TITLE
C in�U - � Ckg U0-t @ (e0 an,
EMAIL
L.-e-Legn + %sSoGr�+eS 9�]O�t15-(�,415y �x `T6�t-532-1
COMPANY NAME (AREA CODE) TELEPHONE & FAX NUMBER
& Collecle Ave- i--�H C(pl;n '�o52r) l/l�1I2-
ADDRESS: STREET, J CITY, STATE, ZIP DATE
PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT
SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE
COMMODITY CODE!
PURCHASE ORDER PO Number Page
City. Of///��� Collins
9120593 2 of a
`t ( v olliThis number must appear
` J 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.
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
Financial Services
Purchasing Division
215 N. Mason St. 2n' Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
kgov.com/purchasing
Firm Name: H&H Data Services, Inc.
Date: January 12, 2012
Ref #:0111a-2012 Battery Backup Unit
THIS IS A PRICE QUOTATION -- NOT AN ORDER
Please supply pricing and delivery information, all items to be quoted FOB Fort Collins, Colorado, as
requested below; and respond via FAX or E-MAIL within 3 BUSINESS days to:
Opal F. Dick, Senior Buyer, CPPO
odick(&fcgov.com (e-mail)
(970) 221-6707(fax)
Any questions regarding this inquiry should be directed to Opal F. Dick, Senior Buyer, CPPO (970)
221-6778.
Any technical questions should be directed to Adam Bromley, PE, (970) 221-6673.
QUANTITY:
DESCRIPTION:
25 ea. Battery Backup Unit (UPS)
a. Maximum Dimensions — 8" L x 6.4" W x 3" H
b. Minimum Power Handling Ability — 300 VA
c. Maximum power cable length — 6' (3' is preferred)
d. Right angle power cable exit from unit is desired but not required
e. 45 degree offset of power plug is required to ensure use of
second outlet on duplex
f. Six surge protected outlets included
$61.41 Ea. $1,535.29 Total
Mfr. TRIPPLITE Mfr. #Internet350U
Delivery:
Items being bid meet the above specifications without exception.
Yes_X_ No If not, please list exceptions, specifying
paragraph reference number, on a separate sheet and attach to your
bid.
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 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 jthe 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.
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
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 W.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" 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.
Proiect 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"
Procurement Provisions:
This contract is funded by the "American Recovery and Reinvestment Act of 2009" (ARRA). In
compliance with the ARRA contractors and subcontractor must adhere to the following
provisions:
ARRA TITLE XV—ACCOUNTABILITY AND TRANSPARENCY
BUY AMERICAN
SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS. (a) 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.
(b) Subsection (a) shall not apply in any case or category
of cases in which the head of the Federal department or agency
involved finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron, steel, and the relevant manufactured goods are
not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods produced
in the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the head of a Federal department or agency determines
that it is necessary to waive the application of subsection (a) based
on a finding under subsection (b), the head of the department
or agency shall publish in the Federal Register a detailed written
justification as to why the provision is being waived.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
ECONOMIC STABILIZATION CONTRACTING
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES
RECEIVING TARP FUNDING. (a) SHORT TITLE. —This section may
be cited as the "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)(1 5)(h)(i)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101 (a)(1 5)(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.
SUPPLEMENTAL INSTRUCTIONS
Prices quoted must remain firm for a 30 day period after the opening date.
Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing
submitted on proposal and not entered as separate pricing.
Any discount allowed by Vendor for prompt payment, etc. must be reflected in quoted figure, and
not entered as separate pricing.
The City reserves the right to accept or reject any and all quotes.
Any questions or inquiries regarding this bid should be directed to:
Opal F. Dick, CPPO, Senior Buyer (970) 221-6778
SIGNATURE AND TITLE
TYPED OR PRINTED NAME AND TITLE
EMAIL
COMPANY NAME (AREA CODE) TELEPHONE & FAX NUMBER
ADDRESS: STREET, CITY, STATE, ZIP DATE
PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREM ENT
SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE
COMMODITY CODEI
Tripp Lite
1111 West 35th Street
Chicago, IL 60609 USA
Telephone: +(773) 869 1234
E-mail: saleshelpr@tripplite.com
Model #: INTERNET35OU
Internet Office 350VA Ultra -compact Standby 120V UPS with USB port
Highlights
. 350VA ultra -compact 120V standby UPS
. Maintains AC output during power failures
. 3 UPS battery supported outlets, 3 surge -only outlets
. USB port, TEL/DSL protection, Wall mountable, 99% efficient
. NEMA 5-15P input plug and 6 NEMA 5-15R outlets
Description
Tripp Lite's INTERNET35OU standby UPS system offers complete protection from blackouts, brownouts and transient surges on both AC and dialup
modem lines. Provides seamless battery support during brownouts and power failures with enough runtime to save and shutdown connected
equipment without data loss. Offers complete paver protection in an ultra -compact, flat -pack housing with an appearance closer to a power strip
than other bulky UPS designs. Includes 3 battery supported outlets for computer, monitor and one vital system peripheral, plus 3 additional surge
suppression -only outlets for printers and other system accessories not requiring battery support. USB port enables optional unattended system
shutdown without data loss in the case of extended power failure. PowerAlert software available via free download from www.tripplite.com. includes
bundled USB cable. Built-in single line RJ 11 phone suppression jacks with line splitter protects up to two directly connected modems, fax machines.
cordless phones or other peripherals with a standard dialup phone connection. Built-in audible alarm and front panel LEDs offer continuous status
information regarding line and battery power operation. 350VA/l80 watt power handling ability supports entry-level PC systems for up to 15 minutes
during power fail conditions. 3 year warranty. S100,000connected equipment insurance (USA, Puerto Rico, & Canada Only).
Package Includes
. INTERNET35OU UPS System
. USB communications cable
. Instruction manual with warranty information
Features
. INTERNET35OU standby UPS offers complete protection from blackouts, brownouts and surges on both AC and TELlDSL line connections
. 6 widely spaced outlets accommodate large transformer plugs without blocking outlets
. 3 battery supported outlets protect computer, monitor and vital system peripherals, plus 3 additional surge suppression -only outlets for
printers and other system accessories not requiring battery support
. Provides battery derived AC output during blackouts and brownouts
. 350VA1180 watt power handling ability supports a variety of PCs, workstations and other sensitive electronics
. Supports entry-level PC systems up to 12 minutes during blackout conditions
. Built-in single line TEUDSL line surge suppression protects modems, fax machines or cordless phones on a single phone ling connection
. USB port. free PowerAlert software (available via web download) and cabling offer safe unattended shutdown without data loss during
extended outages
. HID -compliant USB interface enables integration with built-in power management and auto -shutdown features of Windows and Mac OS X.
. Supports Tripp Lite's Watchdog system service to restore operation to locked equipment through soft reboot of application/OS or hard
power offion reboot of connected equipment - ideal for unattended kiosk applications
. Space saving, ultra -compact housing fits almost anywhere
Specifications
OUTPUT—
l---
— -----------•--'
Output Volt Amp Capacity
I 350 t .
(VA)__J
Output Watt Capacity (watts)
180
Nominal Output Voltage(s)
115V. 120V
Supported
Frequency compatibility
+ 60 Hz
Output voltage regulation
115V (+I. 5%) _
(Battery mode)
i
Built-in UPS output
i 6 5-15R outlet(s)
receptacles
j Surge suppression only
{ 3 UPS outlets. 3 surge -only outlets
outlets
i
Output AC waveform (AC
! Sine wave `-- -- i
mode)
i
Output AC waveform
PWjM sine wave
(battery mode)
-----•---�
f INPUT
Rated input current (at j
10A—.---�--_'-------' �'-----�--
maximum load) i
Nominal Input Voltage(s) '
120V AC
Supported (
-I
UPS input connection type
5-15P j
• UPS Input cord length (ft.) i
6 ^----_T.^•—�._._-----_ .— -- _ ..
UPS Input cord length (m)
1.8
Recommended Electrical i
15A 120V
Service
BATTERY
Full load runtime (minutes) j
3 minutes (180w)
Half load runtime (minutes) 1
11 minutes (90w) y
—^-------
DC system voltage (VDC) �
-- -------'--_—._A.
12
LEOS ALARMS & SWITCHES
LED Indicators j
2 LEDs indicate power status and overload/check battery status
Alarms
Audible alarm indicates power -failure and overload status
Switches
Combination switch controls on/off power status and self -test operation
SURGE / NOISE SUPPRESSION
UPS AC suppression joule
380 joules '
rating
PURCHASE ORDER PO Number Page
City Of 9120593 3 of 8
' `t C011i1 1s This number must appear
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
UPS Dataline suppression
1 line TEL/DSL (1 in / 1 out)
-............ _.T_.__._._..._-_-.......--...-.___.._.___
EMI / RFI AC noise
i Yes
suppression
j
..PHYSICAL --- --- ----'
—Tower,
--- ..--- --------------- ... .__.
Installation form factors
Ultra -compact desktop; Wallmount (using keyhole mounting tabs) `-- --
supported with included
j
accessories
! Primary form factor
Desktop-----
UPS / Power Module
;
i 3 x 8 x 6.4
dimensions in primary form
factor (height x width x
depth/inches)
UPS !Power Module
7.5 x 20.4 x 16.1--�_------
dimensions in primary form
i
' factor (height x width x
j
depth / cm) ---�
---
UPS! Power Module weight
�—..—____—.-- ----._.--_- - -
5
(Ibs)
UPS / Power Module weight
2.3
(kg)
UPS Shipping dimensions
4.1 x 11.3 x 7.7 I
(height x width x depth / t
t inches)
UPS Shipping dimensions I
10.5 x 28.7 x 19.5
(height x width x depth ! cm) t
-Shipping weight (Ibs)
Shipping weight (kg)
2.6
UPS housing material
ABS
ENVIRONMENTAL
Operating Temperature i
+32 to +104 degrees Fahrenheit / 0 to +40 degrees Celsius
Range _ —
r
(
Storage Temperature Range (
+5 to +122 degrees Fahrenheit / -15 to +50 degrees Celsius
Relative Humidity (
0 to 95%, non -condensing '
AC mode BTU /fir. (full load)
6—
--_—_-------_'--------.-_---- __-^`_—^--- -t
' Battery mode BTU / hr. (full
�
134.3
load)
COMMUNICATIONS
Communications interface
USB (HID enabled)
PowerAlert software I
Free download from www.tripplite.cdm
Communications cable
USB interface cable included/
---- ----- - --..i
• WatchDog compatibility
Supports Watchdog application, OS and hard -reboot restart options for remote applications
LINE / BATTERY TRANSFER
Transfer time
4 milliseconds (AC to battery mode) / 2 milliseconds (Battery to AC mode)
Low voltage transfer to I
99
battery power (setpoint)
(
High voltage transfer to ) 139
battery power (setpoint)
SPECIAL FEATURES
Cold Start (startup in battery Cold -start operation supported
mode during a power failure)
Green & high efficiency ( Greater than 95% efficiency - GREEN UPS
features { ,
CERTIFICATIONS
UPS Certifications Tested to ULI 778 (USA), Tested to CSA (Canada); Tested to NOM (Mexico); Meets FCC Part 15 Category
8 (Emil
WARRANTY
Product Warranty Period
(U.S., Canada & Puerto Rico)
Connected Equipment
Insurance (U.S., Canada &
Puerto Rico)
Related Items
Optional Products
3-year limited warranty
5100,000 Ultimate Lifetime Insurance
I
Product Type Related Model Description Qty.
Audio Cables CT120 Instant -Read- AC Outlet Circuit Tester !
Extended Warranties WEXTS-INTERNET s 5-Year Extended Warranty - For Internet Office, AVR and ECO Series 1
j UPS Systems
Software — WATCHDOGSW WatchDog Service Monitoring I Reboot Software
Surge Protectors DCATV Network Surge Suppressor - Essential protection for TV/VCR coaxial �1
lines
Surge Protectors I DNET1 Network Surge Suppressor - Essential protection for data and t i
communication lines t
Surge Protectors DTEL2— — Network Surge Suppressor - Essential protection for data and
communication lines
USB Cables & Adapters l 0005-101 10-inch USB A/A Gold Extension Cable 1
(USB-A Right Angle Male to USB-A Female) —
USB Hubs/Accessories U222-004-R 4-Part USB2.0 Ultra -Mini Hub
More information, including related products, owner's manuals, and additional technical specifications, can be found online at
wvnv.tripplite.comlen/prod ucts/model. cfm?txtModell D=2663.
Copyright @ 2012 Tripp Lite. All rights reserved. All trademarks are the sole property of their respective owners. Tripp Lite has a policy of continuous
improvement. Specifications are subject to change without notice. Photos may differ slightly from Final products.
City of
F6rt Collins
Purchasing .
Date: January 12, 2012
Ref #:0111 a-2012 Battery Backup Unit
Financial Services
Purchasing Division
215 N. Mason St 2" Floor
PO BOx 58D
Fort Collins, CO 80522
970,221.9775
970,221.67C7
rcgov. com/purchasing
Firm Name: ON)
THIS IS A PRICE QUOTATION — NOT AN ORDER
Please supply pricing and delivery information, all items to be quoted FOB Fort Collins, Colorado, as
requested below; and respond via FAX or E-MAIL within 3 BUSINESS days to:
Opal F. Dick, Senior Buyer, CPPO
odick(afcaov.com (e-mail)
(970) 221-6707(fax)
Any questions regarding this inquiry should be directed to Opal F. Dick, Senior Buyer, CPPO (970)
221-6778.
Any technical questions should be directed to Adam Bromley, PE, (970) 221.6673.
QUANTITY:
DESCRIPTION:
25 ea. Battery Backup Unit (UPS)
a. Maximum Dimensions — 8" L x 6.4" W x 3° H
b. Minimum Power Handling Ability — 300 VA
c. Maximum power cable length — F (T is preferred)
d. Right angle power cable exit from unit is desired but not required
e. 45 degree offset of power plug is required to ensure use of
second outlet on duplex
f. Six surge protected outlets included
Mfr. 1 C- Mfr. # Zi.j
Delivery:::
Items being bid meet the above specifications without exception.
Yeses No If not, please list exceptions, specifying
paragraph reference number, on a separate sheet and attach to your
11 P/! �/LDv ?L"
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SUPPLEMENTAL INSTRUCTIQNS
Prices quoted must remain firm for a 30 day period after the opening date.
Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing
submitted on proposal and not entered as separate pricing.
Any discount allowed by Vendor for prompt payment, etc. must be reflected In quoted figure, and
not entered as separate pricing.
The City reserves the right to accept or reject any and all quotes.
Any questions or inquiries regarding this bid should be directed to:
Opal F. Dick, CPPO, Senior Buyer (970) 221-6779
TYPED
SD
ADDRESS: STIR
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-363- 5-7 y S- 3
kREA CODE) TELEPHONE & F
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DATE
PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT
SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE
COMMODITY CODE!
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You are hare: Home Products> Uninterruptibla Power Supply (UPS) > Computer and Peripheral . Back -UPS
APC Back -UPS 450
Part Number: BE45OG
Technical Sper;iticatinui Product Overview Documenradon Software & Firmware Options T2atings and Feviests
Output
Output Power Capacity 257 Watts / 450 VA
Nominal Output Voltage 120V
Output Frequency (sync to 47 - 63 Hz
mains)
Waveform Type Stepped approximation to a sinewave
Output Connections (4) NEMA 5-15R (Battery Backup)
(4) NEMA 5-15R (Surge Protection)
Input
Nominal Input Voltage 120V
Input Frequency 50160 Hz
Input Connections NEMA 5-15P
Cord Length 5 feet (1.52 meters)
Input voltage range for main 88 - 139V
operations
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Batterie.i S. Runtime
Battery Type
Typical recharge time
Replacement Battery
RBCTht Quantity
Runtime Graph
Maintenance -free sealed Lead -Acid battery with suspended electrolyte
leakproof
24 hour(s)
APCRBC1.14.
1
70
60
40
0
�t0
m
� 8
6
4
2
U 7U -IW 1a
Load (Watt)
Hover over the line on the a aph above to view the runtime at any desired
load
This graph is based on actual measured runtime data. All measurements
were taken with new, fully charged batteries and a balanced resistive load
(PF =1.0). Actual runtimes may vary from the values of this graph. Actual
runtimes are dependent on several variables including battery ago, battery
charge level, environmental conditions and characteristics of the
connected load.
View Enlarged Graph View Runtime Chan
Energy Use/Efficiency
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Load! Efftciehcy
25%
95.3%
50%
97.1%
75%
97.6%
100%'
97.7%
Gimmunicatiunt & MnnaIUemeni
Interface Port(s)
Control panel
Audible Alarm
Sorge PrOttcti0u grid }ittetiog
Surge energy rating
Filtering
Data Line Protection
1211"icai
Maximum Height
Maximum Width
Maximum Depth
Net Weight
Shipping Weight
Shipping Height
Shipping Width
Shipping Depth
10a%
90%
80%
.21
u
W 70%
I
60%
50%
0%
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Load
Hover over the line on the graph above to view the efficiency at any
desired load
Curve fit to measured efficiency data. All measurements taken in
normal operating mode, at typical environmental conditions, with
nominal electrical input and balanced resistive load (PF - 1.0) output.
View Enlarged Chart
USB
LED status display with On Line: On Battery : Replace Battery and Building
Wiring Fault
Alarm when on battery : distinctive low battery alarm : overload continuous tone
alarm
365 Joules
Full time multi -pole noise filtering : 5% IEEE surge let -through : zero clamping
response time: meets UL 1449
Analog phone line for phone/fax/modem/DSL (RJ-11 connector)
3.40 inches (86 mm)
7.10 inches (1 90 mm)
11.20 inches (284 mm)
10.00 lbs. (4.55 kg)
12.00 lbs. (5.45 kg)
4.96 inches (126 mm)
8.86 inches (225 mm)
15.18 inches (385 mm)
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Master Carton Units
Master Carton Dimensions
(Length x Width x Height)
Master Carton Weight
Color
SCC Codes
Units per Pallet
# of Layers per Pallet
# of Units per Layer per Pallet
Pallet Weight
Co ironmenud
Operating Environment
Operating Relative Humidity
Operating Elevation
Storage Temperature
Storage Relative Humidity
Storage Elevation
Audible noise at 1 meter from
surface of unit
Online Thermal Dissipation
Conformance
2.00
18 inches (457 nun)
30.00 lbs. (13.64 ka)
Black
1073130425892 3
100.00
R
20
1500.00 lbs. (681.82 kg)
32 - 104 OF (0 - 40 °C)
5 - 95%
0-10000 feet (0-3000 meters)
5-113OF(-15-45°C)
5-95%
0-50000 feet (0-15000 meters)
45.00 dBA
16.00 BTU/hr
Regulatory Approvals FCC Part 15 Class B,FCC Part 68,NOM,TUV,UL 1778,UL 497A UL 497B
Standard Warranty 3 years repair or replace
Equipment protection policy Lifetime: $75000
Environmental Compliance RoHS
*Except where noted, all prices are Estimated Resale Price (ERP) - Without Tax/VAT. Pricing in other locations and
sites may vary.
"The time to rechar;e to 90% of full battery capacity following a discharge to shutdown using a load rated for 1/2 the
full load rating of the UPS.
http://www.aoc.coTn/prodiicte/resource/include/techspec index.cfm?base sku-BE450G&tP"——4-1^°•^^ ""11012
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Page I of I
Opal Dick
From: Opal Dick
Sent: Thursday, January 12, 2012 3:46 PM
To: Opal Dick
Cc: Adam Bromley
Subject: City of Ft. Collins Quote Request - Battery Backup Unit
Attachments: 0111 A-2012.doc
The City of Fort Collins is requesting quotations for 25 Battery Backup Unit. Please see the attached quotation
and respond as requested in the quotation document. Thank you.
1/29/2012
Vendors — Battery Backup
'mindiw@msitecinc.com; 'Justin.Shields@anixter.com; 'Cindy.Brogdon@anixter.com;
'lacey.morgan@awc-inc.com;'adamrya@cdw.com; 'Cindy Jacquot;
jimmy@hhdataservices.com; 'Pat Meyer'
PO
PURCHASE ORDER 912059er Page
C117/ Of9120593 4 of 8
F6r} CollinsChis number must appear
1—,J-',I` "' t 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
Financial Services
Purchasing Division
215 N. Mason St. 2n' Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov. cotn1purchasing
Firm Name:
Date: January 12, 2012
Ref #:0111 a-2012 Battery Backup Unit
THIS IS A PRICE QUOTATION -- NOT AN ORDER
Please supply pricing and delivery information, all items to be quoted FOB Fort Collins, Colorado, as
requested below; and respond via FAX or E-MAIL within 3 BUSINESS days to:
Opal F. Dick, Senior Buyer, CPPO
odick@fcclov.com (e-mail)
(970) 221-6707(fax)
Any questions regarding this inquiry should be directed to Opal F. Dick, Senior Buyer, CPPO (970)
221-6778.
Any technical questions should be directed to Adam Bromley, PE, (970) 221-6673.
QUANTITY:
DESCRIPTION:
25 ea. Battery Backup Unit (UPS)
a. Maximum Dimensions — 8" L x 6.4" W x 3" H
b. Minimum Power Handling Ability — 300 VA
c. Maximum power cable length — 6' (3' is preferred)
d. Right angle power cable exit from unit is desired but not required
e. 45 degree offset of power plug is required to ensure use of
second outlet on duplex
f. Six surge protected outlets included
$ Ea. $ Total
Mir. Mfr.
Delivery:
Items being bid meet the above specifications without exception.
Yes_ No If not, please list exceptions, specifying
paragraph reference number, on a separate sheet and attach to your
bid.
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 parry 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.
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.
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
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 sea., (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. § 2b00e 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" 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"
Procurement Provisions:
This contract is funded by the "American Recovery and Reinvestment Act of 2009" (ARRA). In
compliance with the ARRA contractors and subcontractor must adhere to the following
provisions:
ARRA TITLE XV—ACCOUNTABIUTY AND TRANSPARENCY
BUY AMERICAN
SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS. (a) 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.
(b) Subsection (a) shall not apply in any case or category
of cases in which the head of the Federal department or agency
involved finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron, steel, and the relevant manufactured goods are
not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods produced
in the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the head of a Federal department or agency determines
that it is necessary to waive the application of subsection (a) based
on a finding under subsection (b), the head of the department
or agency shall publish in the Federal Register a detailed written
justification as to why the provision is being waived.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
ECONOMIC STABILIZATION CONTRACTING
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES
RECEIVING TARP FUNDING. (a) SHORT TITLE. —This section may
be cited as the "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.
SUPPLEMENTAL INSTRUCTIONS
Prices quoted must remain firm for a 30 day period after the opening date.
Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing
submitted on proposal and not entered as separate pricing.
Any discount allowed by Vendor for prompt payment, etc. must be reflected in quoted figure, and
not entered as separate pricing.
The City reserves the right to accept or reject any and all quotes.
Any questions or inquiries regarding this bid should be directed to:
Opal F. Dick, CPPO, Senior Buyer (970) 221-6778
SIGNATURE AND TITLE
TYPED,OR PRINTED NAME AND TITLE
EMAIL °
COMPANY NAME (AREA CODE) TELEPHONE & FAX NUMBER
ADDRESS: STREET, CITY, STATE, ZIP DATE
PLEASE GO TO www.fcqov.com/purchasing TO REGISTER IN OUR E-
PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT
ALL APPROPRIATE COMMODITY CODE!
PURCHASE ORDER. PO Number Page
City OfCollins
��� 9120593 s of a
Flirt / olI I n C This number must appear
/ I!"`\`/' ` v ` J 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"
Procurement Provisions:
This contract is funded by the " American Recovery and Reinvestment Act of 2009" (ARRA). In compliance with
the ARRA contractors and subcontractor must adhere to the following provisions: .
ARRA TITLE XV-ACCOUNTABILITY AND TRANSPARENCY
BUY AMERICAN
SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS. (a) None of the funds appropriated or otherwise made
available by this Act may be used for a project for the construction,
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
CI�/ of PURCHASE
9120593 s of a
,Flirt C0l� This number must appear
�—,J`-' ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.
(b) Subsection (a) shall not apply in any case or category
of cases in which the head of the Federal department or agency
involved finds that-
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron, steel, and the relevant manufactured goods are
not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods produced
in the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the head of a Federal department or agency determines
that it is necessary to waive the application of subsection (a) based
on a finding under subsection (b), the head of the department
or agency shall publish in the Federal Register a detailed written
justification as to why the provision is being waived.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
ECONOMIC STABILIZATION CONTRACTING
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES
RECEIVING TARP FUNDING. (a) SHORT TITLE. -This section may
be cited as the " 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-16 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:
$1,125.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City Of9120593 7 of 8
C6rt CollinsCThis number must appear]
,�—J`-' ` ` �7 on all invoices, packing
slips and labels.
U
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 Terms and Conditions
Page 8 of 8
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is excmmt from state and local taxes. Our Exemption Number is
9R-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of
Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a).
Gods Rejected. GOODS REJECTED due to failure to men specifications, tither when shipped or due to defects of
damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written
instructions farm the City of Fort Collins.
Inspection. GOODS am subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance Of the terms and conditions hereof. failure or delay to
exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of u
breach. the acceptance ofor payment for goods hereunder or approval ofthe design, shill not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or rcmcdics as to any such goods. regardless
of when shipped, received or accepted, as to any prior or subsequent default hemander, nor shall any purportd
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS,
authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in rental economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or bercaflcr
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins. CO R0522, unless acquired under federal or state antitrust laws for such overcharge relating to the particutm goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased cr acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller In correct nonconforming Or defective goods by a date to he agreed upon by the
expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all
vats associmcd with such work.
Permits. Seller shall pmcurc at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state. municipality, territory or political subdivision where
the work is performed, or required by any nth" duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles
and requirements.
Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tcmms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed herclo or incorporated herein by
reference. Any additional or different terms and conditions pmposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performaace must be effected within the time
stated on the purchase order and the documents coached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this oiler elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of dclay:s
due to causes not reasonably fonsccable which am beyond its reasonable control and without its fault ofnegligencc.
such act ofGd, acts ofcivil or military authorities, governmental priorities fires, strikes. Bond. epidemics wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthc
time when the Seller first received knowledge therm[ In the event of any such delay, the date of delivery shall he
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and compeRmce in accordance with accepted standards for work of a
similar nature The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the
Purchaser may suffer ar incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the tcmus ofany applicable warranty provided by the Sol let after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done Or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages prox innately caused by the breach of any of the foregoing wam. ntics
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IM P1.1 ED WARRANTY
OR tad ERCH ANTA BI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terra by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms. other than legal terms, including additions to Or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change nnicr. If any such
change affects the amount due orthe time ofperformance hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the
gods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
pmgrcss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change nr termination is
nrdcre&
R. COMPLIANCE WITH LAW.
The Seller warrant that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other parry,
10. TITLE.
The Seller worranh full, clear and ministrictd title In the Purchaser forall equipment, materials, and items furnished
in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting fmm the performance ofsach work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, offcc. and employees of such party.
The Scllers contractual obligations, including warranty, shall not he deemed to be reduced, in any may, because
such work is performed or caused to be perfnmmed by the Purchnscr.
14, PATENTS.
Whenever the Seller is required to use any design, device. material or process covered by letter. patent, trademark
or copyright, the Seller shall indemnify and save hamlcss the Purchaser fmm any and all claims for infringement
by reason of the use of such patented design. device, material or process in connection with the contract. and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or aficr the completion of the work. In case said equipment. or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment Or pan is enjoined. the Seller shall, at its own expense and at its Option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchnscr without liability.
16. GOVERNING LAW.
The definitinns oftems used or the interpretation of the agreement and the rights ofall panics hereunder shall be
construed under and governed by the laws of the State of Colurmlo, USA.
The follmving Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of Sellcrs Representative(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall cam on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload.
store and handle same at the site and become responsible therefor as though such mnter6b, and/Or equipment
were being furnished by the Seller under the order,
19. INSURANCE.
The Scllcr shall, at his Over expense. provide for the payment of workers compensation, including Occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order.
and/or to their dependents in accordance with the laws of the slate in which the work is to be done The Seller
shall also tarty comprehensive general liability including, but not limited to, contra. chat[ and automobile public
liability insurance with hodily injury and death limits of at (cast S300,000 for any nne person, S500.006 fro any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work apno the promises efothcrs, the Scllcr shall famish the Purchnscr with a eertif¢atc
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such ecrtifiemes shall spmify the date when such compensation
and insurance expires. The Seiler agmet that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting fora the execution fthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hurmless the Purchaser and any
or all of the Purchasers offmcm, agents and employees from and against any and all claims, losses, damages,
charges at expenses, whether direct or indirect and whether to persons or property to which the Purchaser may
be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his
contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other
pmcecdings .shall be bought against the Purchaser, or its officers. agents or employees at any time on account or
by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or
their affects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the some at the Sellers own expense, to pay any and all costs, charges, atlomcys fees and other expenses,
any and all judgments that may be intoned by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings. and in case judgment or other lien he placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of smh suits or other proceedings,
the Seller will at once cause the same to be dissolve and dischnrgcd by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including. but without limitation. the
Occupational Safety and Health Act of 1976 and all mles and regulations issued pursuant thereto.
Revised 01/2010
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