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Home My WebLink About110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9121132PURCHASE ORDER PO Number Page City Of///�� 9121132 ' of Fort Collins This number must appear on all invoices, packing slips and labels. Date: 02/24/2012 Vendor: 110986 Ship To: ELECTRIC UTILITIES FORT COLLINS WINLECTRIC CO CITY OF FORT COLLINS Itit:]INAlM61ISM e7:1 P O BOX 271005 FORT COLLINS Colorado 80527-1005 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/23/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price Meter Rings (Bid) 1 LOT LS ARRA Funding/SGIG 7500 ea. Electric Meter Ring Slip lock meter ring, stainless steel $1.295/ea. Milbank#MR-2SS 4-6 weeks ARO FEDERAL REQUIREMENTS 9.712.50 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 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 Font. Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 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) Acme. 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 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)(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. Page I ol- I Opal Dick From: Chad Stanley Sent: Thursday, February 16, 2012 10:08 AM To: Opal Dick Subject: Letter Attachments: Winlectric.doc Hi Opal, will this work or do I need to alter it? Thanks ChadStanCey Utilities Clro of Pon Colllnf electric •storm water • w:i atvwater • water TIMM Chad Stanley Meter Systerns Supervisor 7111) Wwd SL Phone (970) 221-6392 P.O. Box 500 Fax (970) 221-6619 Furt Collins, CO 80522 05W Cell (970) 217.6110 cstanley@fcgov.com • wwti .fcgay.com/utilities i,� rnnta'.n. 2/16/2012 The bid oflered by Ft. Collins Winlectric to supply meter rings manufactured by Milbank (MR-2ss) appears to meet all of our specifications and requirements. The delivery time on this product meets our needs for this project. Furthermore the pricing provided by Winlectric is very competitive compared to the other offers. Chad Stanley Excluded Parties List System Page I of I Search - Current Exclusions Pale Resources > Advanced Search > Multiple Names > Exact Name and SSN/TIN > MyEPLS ,Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocuremenl Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login Search Results for Parties Excluded by Firm, Entity, or Vessel : fort coilins winlectric As of 15-Feb-2012 11:57 AM EST Save to MyEPLS Your search returned no results. Back New Search Printer -Friendly > Search Help > Advanced Search Tips > Public Users Manual > FAQ > Acronyms > Privacy Act Provisions > News System for Award Management >(SAM) Reports > Advanced Reports > Recent Updates > Dashboard Archive Search -Past Exclusions > Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epls.gov/epls/search.do 2/15/2012 02/06/2012 10:12 9704825807 City of Fort Collins Purchasing FTC WINLECTRIC PAGE 01/02 Financial Services Purchasing Division 215 N. Mason St. 2"O Floor PO Box 580 Fort Collins. CO 80522 970.221.5775 970,221.6707 rcgov, com/purchasing Firm Name: FmA-/ L _,ii, ,-% Date:February 2, 2012 Ref #:0130-2012-Electdc Meter Ring :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(a)fcoov.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 Chad Stanley, (970) 221-6392. QUANTITY: DESCRIPTION: 7500 ea. Electric Meter Ring Slip lock meter ring, stainless steel $ Ea. Mfr. A.•%S41 Mfr.# M7Q SS Delivery/r� /tpO Items being bid meet the above specifications without exception. Yes CZ No _. If not, please fist exceptions, specifying paragraph reference number, on a separate sheet and attach to your bid. Send copy of specifications with quote submittal. 02/06/2012 10:12 9704825807 FTC WINLECTRIC PAGE 02/02 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. i 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 wye- (AREA CODE) TELEPHONE & FAX NUMBER . _: •.cRy�e .xr�C� i�C �� '. Co Q04Jf 2-a- ADDRESS: STREET, 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! i Financial services Purchasing Division 215 N. Mason St Zn Floor PO Box 560 Fort Collins, CO 60522 970.221.6775 970.221.6707 Icgov,coMpurchas/ng Firm Name:�I L..s Cc Date:February 2, 2012 Ref #:0130-2012-Electric Meter Ring 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(a)fcaov.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 Chad Stanley, (970) 221-6392. QUANTITY: DESCRIPTION: 7500 ea. Electric Meter Ring Slip lock meter ring, stainless steel %, S_1) 1 LIDO. ca $ Ea. $ i Total MfrTfrJeri Br-nn):s Mfr.# lO-g00/ Delivery: Y 14 c to -h -5To L t 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. Send copy of specifications with quote submittal. 1 L;m K Opal Dick From: Meyer, Pat [PMeyer@kvasupply.com] Sent: Wednesday, February 08, 2012 11:39 AM To: Opal Dick Subject: FW: Meter Ring Attachments: 20120208123509495.pdf u 2012020812350949 5.pdf (45 KB) Ili. Opal, I did send this the other day. Emails have been missing here and there. I requested a quote on the Meter seals twice. I am hoping I hear something today. Will. keep you posted. Thanks Patty Meyer Wesco Distribution, Inc. pmeyer@kvasupply.com 11333 E 55th Avenue Unit A Denver Co. 80239 303 217-7514- direct 303 217-7535 - fax 1 From:HAMILTON ASSOCIATES 303 463 7553 02/06/2012 15:43 #089 P.001/002 970-221-.5W City of Fort Collins Purchasing Date:February 2, 2012 Rof #:0130-2012-Elachlc Meter Ring 02:22: 18 p.m. 02-02-2012 1 116 Rnendd sanlcae Pumhoing Moan 215 K Mann sL 2"' Frow PO eas 560 Fad COU[na, CO 80522 g7=.Sns 870.721 AW rtyovmMpwehaslnp Firm Name:z�``J� 1'fS- THIS IS A PRICE QUOTATION - NOT AN ORDER Please supply pricing and delivery Information, all hems 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®fccov.com (e-malQ (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 Chad Stanley, (970) 221-6392. OUANTrrY: DESCRIPTION: 7500 an, Electric Meter Ring Slip lockk meter ring, stainless steel $ /mac -5C! Ea. $ J�8 �Jr®Total Mfr. ' F—� i'eL Mfr.# /e'-) belivery: Items be Id 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. Send copy of specif cadons with quote submfttat. Fort Collins PURCHASE ORDER PO Number Page 9121132 zof7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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, 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 11, 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 From:HAMILTON ASSOCIATES 303 463 7553 00-221-u593 02/06/2012 15:44 A089 P.002/002 02:27:39 p.m. 02-02-2012 8116 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 an 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 8IGNATUR5-AND TITLE TYPED OR PRINTED NAME AND TITLE EMAIL /a 2Lr9N A5®� 5 3Iy1B3 ,25W - 3/, COMPANY NAME (AREA CODE) TELEPHONE 8, FAX NUMBER ADDRESS: STREET,` CITY, STATE, ZIP DATE PLEASE DO TO www.fcaov.00WOUr0hesina TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNRIESI BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODEI 508-829-6361 PHOAX. NE: 508-829.4469 'LJt tV�ItJ�hJI IL7� security@inner-tite.com INNER-TITE CORP. • 110 Industrial Drive • Holden, MA, USA 01520-1893 www.inner-tite.mm February 9, 2012 By email: odick@fcgov.com Opal Dick Senior Buyer, CPPO CITY OF FORT COLLINS 215 N. Mason St. 2nd Floor P.O. Box 580 Fort Collins, CO 80522 Subject: Request for Quotation: Ref#:0130-2012-Electric Meter Ring Dear Opal Dick; At the request of Mr. Jack Killoran, District Sales Manager, Inner-Tite Corp. is pleased to quote pricing and Terms and Conditions of Sale for the following: 7,500 pcs E-S21 I RCB Multi -Shot Carbon Steel Meter Locking Ring Preloaded with Short Length Carbon Steel Utility Barrel Lock with Internal Weather Seal. Packaged: 50 pcs/carton Price: .............................................. 4.48 ea* Extended Price: .................................. $33,600.00 * Pricing is based on minimum quantity quoted above. Smaller quantities can be purchased at the prevailing list price less appropriate discount. Terms and Conditions of Sale are as follows: FOB: Holden, MA Terms: l% 10 Days, Net 30 Days (with approved credit) Delivery: Shipments can be made 10-14 days after receipt of order. Freight: Prepaid and Allowed (For quantity as quoted) For additional information, please see attached Terms and Conditions of We. Should you have any questions, please contact Mr. Jack Killoran, District Sales Manager at 714-271-1354 or Inner-Tite Customer Service at 508-829-6361. Thank you for this opportunity to quote. gards M Aerri,b Customer Service Manager Serving Utilities Since 1932 INNER -TITS INNER-TITE CORP. • 110 Industrial Drive • Holder C: George W. Davis Lee J. Holovnia Attach: Terms and Conditions of Sale MA, USA 01520-1893 Sallie K. Guskey Serving Utilities Since 1932 PHONE: 508-829-6361 PAX: 508-829A469 security@inner-dte.com www.inner-tite.com Jack Killoran Electric Meter Locking Devices Price List - Page 20 Effect": March 24, 2011 TERMS & CONDITIONS OF SALE The terms contained herein supercede all other terms provided by either party, prior or subsequent, unless signed by Inner -Tile. MINIMUM ORDER: $250.00 Orders Under $250.00 Will Incur a Handling Charge of $25.00 PRICES: All prices are subject to change without notice. All shipments will be invoiced at the price In effect on the shipment date. fhlrty days notice of any price change will be given for all blanket orders. Prices apply only to standard packaging listed on price sheet. Non-standard quantities Incur a charge of $20.00 per broken carton. FREIGHT: East of the Rocky Mountains - Shipments totaling $2000.00 or more for all INNER -TITS Locking Devices and Accessories will be shipped F.O.B. Holden, MA; freight prepaid and allowed to one destination East of the Rocky Mountains within the continental United States. west of the Rocky Mountains - Shipments totaling $4000.00 or more for all INNER-TITE Locking Devices and Accessodes will be shipped F.O.B. Holden, MA, freight prepaid and allowed to one destination West of the Rocky Mountains within the continental United States. All shipments totaling less than $2000.00 for destinations East of the Rocky Mountains, and $4000.00 for destinations West of the Rocky Mountains, will be shipped F.O.B. Holden, MA, freight prepaid and added to the customer Invoice. Shipments will be made by the lowest rate common carrier or by other means determined by INNER-TITE. When special routing Is specified, the additional cost for that routing is at the customer's expense. In all cases, risk of loss shall pass to customer when the product leaves INNER-TITE'S Hoiden plant. Note: All Carton Weights listed In this price list are approximations and may vary. TERMS OF PAYMENT: East of the Rocky Mountains - One percent (1%) discount for cash within 10 days after INNER-TITE Invoice date; net on or before 30 days after INNER-TITE Invoice date. West of the Rocky Mountains - One percent (1%) discount for cash within 15 days after INNER TITE invoice date; net on or before 30 days after INNER-TITE invoice date. VISA, MasterCard and American Express are accepted. TAX: All prices are subject to the addition of state sales tax and other taxes, where applicable, In accordance with the laws under which the tax Is imposed. _ SHIPPING CLAIMS: Claims for goods damaged in shipment should be directed to the carder by the customer. INNER-TITE will assist in processing claims against the carrier but Is not liable for goods damaged In shipping. In all cases, risk of loss shall pass to customer when the product leaves INNER-TTTE'S Holden plant. RETURNS: INNER-TITE products may be returned for partial credit subject to the following conditions: 1. A written Return Material Authorization must he Issued by the INNER-TITE Customer Service Department before product will be approved for return. 2. Only product shipped within the past 12 months can be returned. 3. Only product In the original packaging and In unused condition can be returned. 4. Product that has been discontinued or subsequently modified by INNER-TITE cannot be returned. S. After inspection and acceptance of the authorized returned Products. the original purchase price Iwo a 25% restocking charge will be credited to the customer amount. 6. All return shipments are to be made prepaid; collect shipments may be rejected or result In a further deduction to the credit due. DISCLAIMER OF WARRANTIES: EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ELSEWHERE IN WRITING AND SIGNED BY THE PARTIES HERETO, IF ANY, INNER-TITE DISCLAIMS ALL WARRANTIES HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMIT OF LIABILITY: In no event shall either party be liable for special, Indirect, Incidental or consequential damages, or any damages related to the loss of business or profits, goodwill, and all other damages or losses, even If the other party shall have been advised of the possibility of such damages, In no event shall INNER-TITE'S liability hereunder, whether based In contract, tort or otherwise (1) exceed the purchase price paid by customer for the specific goods which gave rise to the claim, or (ii) extend beyond one (1) year after the date of shipment of the applicable goods to the customer, regardless of when the claim arose or was discovered. INNER-TITE will not be liable for any claims If the goods (I) have been improperly used, operated and/or installed, (if) the goods have been subjected to unusual physical stress, Including but not limited to chemical stress and corrosion, and (111) proper use, operation and/or installation have been Interfered with by third party products, applications or configurations. INNER•TTTE CORP. • 110 Industrial Dive, Holden, MA 01520 Ter: 506.629.6361 • Fax: 506-82S-4469 • web site: www.lnner-tita.com • e-mail: securl"Inner-the.com City oaf//r�� Financial Services Collins Chins Purchasing Division 215N.M 215 N. Mason StFloor PO Box 580 Purchasing Fort Collins, CO 052522 8 970.221.6775 970.221.6707 fcgovoom/purchasing Firm Name: Inner-Tite Corp. Date:February 2, 2012 Ref #:0130-2012-Electric Meter Ring 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 odickidfcnov.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 Chad Stanley, (970) 221-6392. QUANTITY: DESCRIPTION: 7500 ea. Electric Meter Ring Slip lock meter ring, stainless steel $ Ea. $ Total Mfr. Mfr.# 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. Send copy of specifications with quote submittal. See attached quotation as well as Inner-Tite Corp.'s Terms and Conditions of Sale. 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 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 S 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" 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.l: and c) to include these requirements in all 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 Gay, DOE or any other Govemmental Authority shall request regarding the Project and Contractor services. If the AN 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: PURCHASE ORDER PO Number Page City Of9121132 s of 7 C/��+} Collins�This number must appear ,�_J`_' ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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: UInvoice 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 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)(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 terns: 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 IGNATURMI Marlene Ferris Customer Service .Manager Customer Service Manager TYPED OR PRINTED NAME AND TITLE Marlene.ferris@inner-tite.com EMAIL Inner-Tite Corp.: (508) 829-6361 Phone (508)829-4469 Fax COMPANY NAME (AREA CODE) TELEPHONE & FAX NUMBER 110 Industrial Dxi4e Holden, MA 01520 February 10, 2012 ADDRESS: STREET, CITY, STATE, ZIP DATE PLEASE GO TO www.fcaov.com/uurchasina TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIESI BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODEI No Text No Text PURCHASE ORDER PO Number Page City, OfCollins �� 9121132 a of 7 `t ( V olI I ns This number must appear ` �7 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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" 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 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 Emaii:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9121132 s °f 7 `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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, 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. C3. O✓li:-o-2� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City. Of///�� 9121132 s °f 7 `t Collins I n C This number must appear ` " J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (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. �c�. o✓�:�-ems City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Total Invoice Address: $9,712.50 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 7 of 7 I. COMMERCIAL DETAILS. Tax exemptions. By'statute the City of Fen Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cunificate of Registry 84-6000587 is registered with the Cuticular of Failure of the Purehastu to insist upon strict perfummnce of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statut , 1973. Chapter 39-26. 114 pf, exercise any rights or mowdies provided herein or by law, failure to promptly notify the Seller in doe event of a breath, the acceptance of or p,ty'ntent Far .its hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED disc to failure to elect specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order unit shall not be deemed a waiver of any right of the damage in [mush, may be returned to you for credit and are not to hu replaced except upon receipt of wriueo purchaser to insist upon strict performance hereof ur any of its rights or ¢atdhus as to any such goods, regardless instructions from the City of Fen Collins. of when shipped, received or accepted, us to uny prior or sabwgcccm default hetcumlee nor shall any purpurtd oral acdificlien or rescission of this purchase order by the Purchaser operate as a waiver of any of the tennis Inspection. GOODS arc object m the City of Fen Collins inspection on arrival. hcm.r Final Acceptance. Receipt or the marehmdiw, wn'ices or equipment in ospunsc to this order cull result in 12. ASS IGNM ENT OF AN"rtFR UST CLA I MS. authorized' payment on the pan of the City of Fort Collins However, it is to be understead tom FINAL Seller and the Purchaser teognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dernnde.t upon completion.fall applicable required insP:ctien procedures. violations arc in fact borne by the Purchaser. Theml.rom, for .it cause and as consideration for executing this purchase order, the Seller hereby assigns to Ih. Purchaser any and all cluints it may now have or hereafter Freight Tom,. Shipments Lw.I be F.O.H., City of Fort Collins, 700 Wood St., Fun Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified tin this order. If pemcissimi is given to prepay freight and charge separamly, the original freight purchased or acquired by the Purchaser pursuant it, this purchase uNcr bill must uccunepany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where nanul'uconers have distributing points in various parts of [tic country, shipment is Ulhe Purchaser directs the Seller to correct nuncontonning or defective goods by a dam to be agreed upon by the expected Gore the nearest distribution point to destination, ad excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thc'emler indicates its inability or unwillingness to comply, the Purchaser shipments are node fmnn gmclw, distance. may cause the work to be performed by the most expeditious naafis avxilibly to it, and the Seller shall pay all costs associated with such work. permits. Serer shall procure a sellers sale cost all necessary permits, cenilicats and licenses required by all applicable laves, regulations, mdinmmvo and rates of the state, municipality, territory or political subdivision wvhcm the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Scllcr further agrees to hold the City of Fen Collins harmless from and against all liability and loss incurred by them by reason of an assmcd or established violation of any such laws, regulations, ordinances, rules and requirement. Authorirati.e. All parties to this contract ague that the representatives are. in fact, bona tide and possess full unit complete authority to bind said panics. LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the terms and conditions acted hevin set Ionic and any .pplc,.cntary ve additional terms and conditions amexcd heretu or incorporated Inlre`hl by relerenae. Any additional or diflerent neems and conditions proposed 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 pmmiwd delivery date as noted. Time is of the essence. Delivery and prformanec most be effected within the time staid on the purchase order and the documcas attached hereto. No act, of the Purehuscrs including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. IL the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for dmagcs. However, the Seller shall not be liable for damages as a resull of delays due to causes not reasonably foreseeable which are beyond its reasonable control .,,it without its cult ollwgligcna,, sui'h acts ut God, acts fcivil m military authontics, govemelcael priorities, tires, strikes, hued, epidemics, wars or riots provided that notice at the conditions causing such delay is given to the Purchaser within live (5) days of the lime when the Scllcr first mucked knowledge thereof In the event orally such delay, the date of delivery shall be extended for the period equal ae 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 drew'ing, specifications, vnphs and/or other descriptions given, will be tit It,, the pugwus intended, and pertonned with the highest degree of care and corepetnmc in accordance with accepted standards for work of i similar nature. The Seller agrees to hold the purchaser hamdoss franc any loss, damage or expense which the Purchaser may sulfur or incer on amount 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 ems of any applicable warrny provided by the Seller alicr the date of acceptance of the goods furnished hcrcundr (acceptance not to be unreasonably delayed), resulting franc inmperfect or defective work done or materials famished by the Seller. Acoepumcc or use of goods by the Puchuser shall not consfittuc a waiver ufany claim under this warranty. Except as onccmiw provided in this purchase order, dw Sellers liability hereunder shall extend to all damages pe,,imarcly nosed by the breach of any of the foregoing wnou nuc's or guarantees, but such liabilip'shut] in no event include loss ofpmfits or fuss of use. NO IMPLIED WARRANTI' OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser nay make changes to legal terms by written change oiler. 5. CHANGES IN COMMERCIAL TERhIS. The Pu¢hawr may make any changes to the tunes, other than legal terms, including additions to or delctiuns from the quantities originally ordered in the specifications or drawing, by verbal or written change order. If any such change affects The amount due or the time ofperonnance hereunder, an equitable adjustment shall be made. 6. "rERMINAT IONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics us I. any work m nomcnals then in progress provided that the Purchaser shall not be liable for any chins for anticipated pocfifs on the uncompleted ,union of the gecoh and/or walk, Tor incidental or conwyucntial damages, and Jot use such lojustmeut be node in favor of the Seller with respect to any goods which arc the Suite. standard stock. No such wrininutiun oh:dl relieve the Pumhuscr or the Seller of any oflhcir obligations as to any goods delivered hercundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim Iin adjustment must be asserted within thiny (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Scllcr variants that all goods sold hereunder shall have been produced, sold, delivered unit fumishdd in suit compliance with all applicable law, and regulations to which the goods are subject. I lie Seller shall execute and deliver such documents is may be required to effect or evidence compliance. All laws and wgulitions required to be incorporated in agmcments of this chsmeter arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess fmm all coati and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder withuut the prior written consent of the the, party. 10. TI'TLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perlommnce of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cocucbmnces and claim. of others. The Seller shall rdcase the Purchaser tied its contractors of any tier froth all liability and claims of any nature resulting from the perlornrmtoe of such work. 'This eulcuu shall apply even in the event of fault of negligence of the pany released and shall extend to the direct.., otTcers and employees ofsueh puny. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perl"unncd by the Purchaser. 14. PATENTS. Whenever he Seller is required to use any design, dcv ice, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infringe.mevn 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 cast, "Punic or damage which it only be obliged to pay by'reason of such inGingcmcnt at any time during the proccutioo or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or prat is enjoined, the Sutler shall, at its own expense unit at its option, either procure for the Punhaser the right to continue using said equipment or pans, replace die same with substantially equal but nonimfringing equipment, or modify it so it becomes fmnintiinging. 15. INSOLVENCY. If the Seller shall become insolvent or bunkrapt, Lucke use assigmecLt for the benefit of creditors, appoint a receiver or trustee for any of""the Sellers property or business, this order cry fortlnrith be canceled by the Purchaser without liability. 16. GOVERNING LAW. TT. definitions ofterms used or the interpretation of the agreement and the rights of ill panics hereunder Shull be concerned under and governed by the laws ohha State of Culumdu, USA. 'The following Additional Conditions apply Only in cases whcrc Ih. Seller is to perform work hercundcr, including the services of Sellers Represcnativ ls), rat the pmneiscs ofoth.rs. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, dcsfmction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scllcrs own expense and To the satisfaction of the Purchaser. When matrials and equipment arc banished by others for installation or erection by It, Seller, the Seller shall nsice, unload, stun wad handle ..,is m the site and became responsible therefor as though such materials and/or equipment were being tumish.d by the Seller under the order. 18. INSURANCE. The Seller shall, at his own 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 state in which the work is to be done. The Seller shall also curry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S30Q1)OJ for any one person, $500,000 for any one accident and proprty damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide fur such eumpe nation and insumnec. Before any of the Scllcrs or his contractors employees shall do any work open the pmnmises of ethers, the Seller shall furnish the Purchaser with a cenificufe that such conmpensation and insurance have been provided. Such ecnificuts shall specify the date when such compensation and insurance have been provided Such ccnilicutes shall specify rim dote when such coelpcneation and insurance expires. Thu Scllcr agrees that such compensation and insurance shall be maintained until after the cntim work is conmpktd meld accepted. 19. PRO CC'I [ON AG A I NISI' ACC [DEN "1'S AND DAMAGES. T'lie Scllcr hereby lesinees the entire respuns ibil ity and liability for any and all damage, loss or injury fully kind or nature wha sons vcr to persons or property caused by or resulting Gone the execution of work pmvidcd for in this purchase order or in connection hvewid). The Scllet will indcmai l"y and hold tcmegess the Purchaser and any or all of the Purchasers officers, agents and employ... from and against any and all claims, losxs, damages, charges Or expenses, w'helher direct or indircel, and whciher In persons ur property to which the Purchaser .may be put or subject by reason of any act, action, ncglcct, omisslwn or default on the pun of the Seller, any of his conimcom , or any of the Sellers or contmcmrs office., agents or employees. In case any suit or other proceeding shall be brought against the Purchaser, or its ofiicen, agents or employees at any into 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 otiicers, agents or employees as aforesaid, the Sutler hereby agrees 1. assume the defense thereof and ro defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser Or any of its or their officers. agents or employees in such suits or other proceeding, and in ease judgment or other lien be placed upon or obeincd against the property of the Purchaser, or said parties in or as a result of ouch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all gourds necessay 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 1970 and all rates and regulations issued pursuant thcrem. Revised 03J2010 � Cityrt Cothns Purchasing Firm Name: Date:February 2, 2012 Ref #:0130-2012-Electric Meter Ring THIS IS A PRICE QUOTATION -- NOT AN ORDER Financial Services Purchasing Division 215 N. Mason St. 2"° Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221.6707 lcgov. corWpurchasing 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 Chad Stanley, (970) 221-6392. QUANTITY: DESCRIPTION: 7500 ea. Electric Meter Ring Slip lock meter ring, stainless steel Mfr Delivery: Mfr.# Total 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. Send copy of specifications with quote submittal. 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