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Home My WebLink About499137 INNER-TIGHT CORP - PURCHASE ORDER - 9121188City of �,.F.�ort Collins PURCHASE ORDER Date: 02/27/2012 Vendor: 499137 INNER -TIGHT CORP 110 INDUSTRIAL DR HOLDEN Massachusetts 01520-1893 PO Number Page 9121188 1of8 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/27/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Meter Seals Per quotation dated 2-9-2012 85,000 ea. Padlock Style Meter Seal Barcoded plastic padlock seal ' UV/weather resistant ' Tamper resistant ' Bar coded ' Utility name - FCLP *75,000 Green/10,000 Red 75,000 #C-2080B 10,000 #C-2010B Delivery: 12-13 Weeks ARO Attn: Jack Killoran FEDERAL REQUIREMENTS 1 LOT EA 24,225.00 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 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 Req. tt Entered by: PURCHASE ORDER REQUISITION FORT COLLINS UTILITIES Vendor Inner-Tite Address V-* y qq 13-7 Date: QTY. DESCRIPTION UNIT TOTAL CHARGE NUMBER Meter Seals 24,225.00 5019100101.554999.3700 ARRA Fundin SGIG Comments i equested By / �)(3)�Au horized By to 7 Page I of I Opal Dick From: Chad Stanley Sent: Thursday, February 16, 2012 12:39 PM To: Opal Dick Subject: Inner Tite Attachments: I nnerTite. doc Hi Opal, here is the other letter. Also I have given the requisitions to Angel to have Steve sign, will get those to you as soon as I get them back, if they go directly to you please let me know. C6adStanCey Utilities Cl, �a(Fon Collin, cleclric • stormwater • wisw eater • water U�tluee Chad Stanley Meter Systems Supervisor 70O Wood SL Phone (970) 221-6392 CO. Box .W Fax (970) 221-6619 rurt Callim, CO 8052M580 Cc0 (970) 217.61 III cstanley@ fcgoecom • w%wJcgovcom/utiIWLs o ardby 2/16/2012 The bid offered by Inner -rite Corp to supply meter seals for our deployment appears to meet all of our specifications and requirements. The delivery,time on this product meets our needs Ibr (his project. Furthermore the pricing provided by Inner-Tite Corp is very competitive compared to the other offers. Chad Stanley No Text No Text City of F6rt CoWns Purchasing Firm Name: Date: February 2, 2012 Ref #:0131-2012-Padlock style meter seal THIS IS A PRICE QUOTATION -- NOT AN ORDER 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 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: 85,000 ea. Padlock Style Meter Seal Barcoded plastic padlock seal. Must meet requirements listed below: •UV/weather resistant 'Tamper resistant 'Barcoded 'Utility name - FCLP *75,000 Green/10,000 Red $ Ea. $ Total Mfr. 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. Send copy of specifications with quote submittal. 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, 0 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 parry 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 sec., (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 Fort Collins PURCHASE ORDER PO Number Page 9121188 2of8 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price the subcontractor who will be subject to its provisions. Federal Changes Contractor shall at all times comply with all applicable DOE regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Grant Agreement between the City of Fort Collins (the City) and DOE, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Termination a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract closeout 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 6�- City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 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 BUYAMERICAN 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.fcgov.com/purchasing TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODE! PHONE: FAX: 508-829-4469 security@inner-fite.com tNNrli-T1TE CORP. • 110 Industrial Drive • Holden, MA, USA 01520-1893 w .inner-tite.com February 9, 2012 Opal Dick Senior Buyer, CPPO CITY OF FOR"l' COLLINS 215 N. Mason St. 2Id Floor P.O. Box 580 Fort Collins, CO 80522 By email: odick@fcgov.com Subject: Request for Quotation: Ref#:0131-2012-Padlock style meter seal Dear Opal Dick, At the request of Mr. Jack Killoran, District Sales Manager, Inner -Tice Corp. is pleased to quote pricing and Terms and Conditions of Sale for the following: 75,000 pcs C-2080B Clearseal Padlock Meter Seal with clear acrylic body, green opaque acrylic insert and stainless steel wire hasp. One side of the insert is imprinted with "FCLP" for company identification and the other side is imprinted with an eight digit sequential serial number. A label is affixed to one side of the body. The label is printed with a barcode (Code 128) comprised of .30" high bars and .10" high characters containing an eight digit sequential serial number. Printed below the barcode is the eight digit serial number in .I 1" high characters. Packaged: 100 pcs/bag, 3,000 pcs/carton Price: .............................................. $ 285.00/M* Extended Price: ................................. $21,375.00 10,000 pcs C-2010B Clearseal Padlock Meter Seal with clear acrylic body, red opaque acrylic insert and stainless steel wire hasp. One side of the insert is imprinted with "FCLP" for company identification and the other side is imprinted with an eight digit sequential serial number. A label is affixed to one side of the body. The label is printed with a barcode (Code 128) comprised of.30" high bars and .10" high characters containing an eight digit sequential serial number. Printed below the barcode is the eight digit serial number in .1 I" high characters. Packaged: 100 pcs/bag, 3,000 pes/carton Price: .............................................. $ 285.00/M* Extended Price: ................................. $ 2,850.00 Serving Utilities Since 1932 PHO X:508-829-4469 security@inner-tite.com INNER-TITE CORP. • 110 Industrial Drive • Holden, MA, USA 01520-1893 www.inner-tite.com Quotation Total: $24,225.00 * Pricing is based on minimum order quantity of 50,000 pieces. Smaller quantities can be purchased at the prevailing list price less appropriate discount. All alpha imprint and serial number information, even if none required must be clearly stated on the purchase order. Terms and Conditions of Sale are as follows: FOB: Holden, MA Terms: I % 10 Days, Net 30 Days (with approved credit) Delivery: Shipments can be made 12-13 weeks after receipt of order. Freight: Prepaid and Allowed (For quantity as quoted) For additional information, please see attached Terms and Conditions of Sale. 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. Regards, LI ivlarlene/e�rris Customer Service Manager C: George W. Davis Lee J. Holovnia Sallie K. Guskey Attach: Terms and Conditions of Sale Serving Utilities Since 1932 Jack Killoran Electric Meter Locking Devices Price List - Page 20 Effective: Mach 24, 2011 TERMS & CONDITIONS OF SALE The terms contained herein supercede all other terms provided by either parry, 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; I AN prices are subject to change without notice. All shipments will be invoiced at the price In effect on the shipment date. Thirty days notice of any price change Iwlll 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: Fast of the Rocky Mountains - Shipments totaling $2000.DO or more for all INNER-TITE 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. I West of the Rocky Mountains - Shipments totaling $4000.00 or more for all INNER-TITE Locking Devices and Accessories 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 carder 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 Holden plant. Note: All Carton Weights listed in this price fist are apprwdmatkms and may very. TERMS OF PAYMENT: East of the Rocky Mountains - One percent (114) discount for cash wRhln 10 days agar INNER-TITE invoice date; net on or before 30 days after INNER-TITE Invoke data. 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 we 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 carrier by the customer. INNER-TITE will assist In processing claims against the carrier but is not [fable for goads damaged In shipping. In ail cases, risk of loss shall pass to customer when the product leaves INNER-TITE'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 be 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 less a 25%restocking charge vdr be credited to the customer account. 6. All return shipments are to be made prepaid; colloct 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 LIABIUTY: In no event shall either parry 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 parry 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 (11) extend beyond one (1) year after the data 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 (1) have been Improperly used, operated and/or installed, (11) 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-TITE CORP. • 110 Industrial Drive, Holden, MA 01520 Tel: 508-829.6381 • Fax: 508-829-4469 • web site: www.lnner-tite.com • email: secuitty@inner-tite.com fort of Purchasing Date:February 2, 2012 Ref #:0131-2012-Padlock style meter seal Financial Services Purchasing Division 215 N. Mason St. 2" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 rcgovcom7purchasing Firm Name: Inner—Tite Corp. 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 odickno 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: 85.000 ea. Padlock Style Meter Seal Barcoded plastic padlock seal. Must meet requirements listed below: 'UV/weather resistant 'Tamper resistant 'Barooded 'Utility name - FCLP •75,000 Green/10,000 Red $ Ea. Mfr. Mfr.# Delivery: 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. See attached quotation as well as Inner —rite 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 bylaw. 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 Date 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 PURCHASE ORDER PO Number Page City Of 9121188 3 of 8 `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Contractor mails or otherwise furnishes a written appeal to the Director of Finance. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Finance shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. DOE Requirements DOE requires specific contract terms for the purpose of making audit, examination, excerpts, and transcriptions. Contractor is required to retain all required records for three years after the City makes final payments and all other pending matters are closed. Contractor shall submit all records, data, information and reports to the City required in the Agreement containing Confidential Information which Contractor does not want disclosed to the public or used by DOE or any other Governmental Authority for any purpose other than in connection with this Agreement and the Project, marked conspicuously with the following notice or with a notice or label of substantially the same effect: " Notice of Restriction on Disclosure and Use of Data The data contained in pages ---of this [designate material] have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that DOE shall have the right to use or disclose the data here to the extent provided in the DOE Grant Agreement. This restriction does not limit the Federal government's right to use or disclose data obtained without restriction from any source, including Contractor." Intellectual Property Contractor may copyright any work that is subject to copyright and is developed by Contractor under the Agreement. To the extent specifically permitted under applicable law, DOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use any copyrightable work developed by Contractor under this Agreement for Federal purposes and to authorize others to do so. DOE has the right to: (1) obtain, reproduce, publish or otherwise use the data first produced under this Agreement; and (2) authorize others to receive, reproduce, publish or otherwise use such data for Federal purposes. Debarment and Suspension City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 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 sec., (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 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 Prolect 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 BW 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 Customer Service Manager TITLE Marlene Ferris 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 Drive Holden, MA 01520 February 10, 2012 ADDRESS: STREET, CITY, STATE, ZIP DATE PLEASE GO TO www.fcaov.com/purchasing TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODE! Financial Services Purchasing Division 215 N. Mason St. a Floor Po Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 Icgov.com/purchasing Firm Name: Date:February 2, 2012 Ref #:0131-2012-Padlock style meter seal 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 Chad Stanley, (970) 221-6392. QUANTITY: DESCRIPTION: 85,000 ea. Padlock Style Meter Seal Barcoded plastic padlock seal. Must meet requirements listed below: 'UV/weather resistant 'Tamper resistant 'Barcoded 'Utility name- FCLP *75,000 Green/10,000 Red $ y<7 Ea. $ J y, 000. 00 Total 6D6 /70, -a 7 5'"^ Mfr.B�nOi Mfr.#Goi,r7o '7 _ Delivery: -7 Grl LL �S 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. e.L(o c✓ r ..3, 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 -L� ATUR rry n, �y TYPED OR PRINTED NAME AND TIITLv�E E AIL 10 COMPANY NAME ADDRESS: STREET. CODE) TELEPHONE & FAX NUMBER Utnu.v,i L'01 d7aoc.!-- P-,P-ya. CITY, STATE, ZIP DATE PLEASE GO TO www.fcnov.com/purchasing TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODE! SUPPLY COMPANY 11333 E. 55 ° Avenue, Suite A Denver, CO 80239 303-217-7514 303-217-7535 fax Item No / Description UM Quantity 1 6061702-27 / BAR CODED ENDURO SEAL SO.BTM,047 GALV SECUR EA 75,000.0 HASP GREEN INS CLR BODY Bar Code: Code 39 ( see additional comments) _ Scaring: NO SCORING LAEEL (FCLP) Packaging: Std. I000/Box 5000/Carton NUMBERED GONSECUDVELY 2 6061701-27 / BAR CODED ENDURO SEAL SO.BTM.047GALV SECUR EA 10,000.0 HASP RED INS CLR BODY Bar Code: Code 39 ( see additional comments ) Scaring: NO SCORING LABEL (FCLP) Packaging: Std. 1000Gox 5000/Carton NUMBERED CONSECUTIVELY ; ?roa:HAMILTON ASSOCIATES 303 463 7553 02/07/2012 10:36 0093 P.001/002 970-221-6593 City of Fort Collins Purchasing Date:Fabruery 2, 2012 Ref #:0131-2012-Padlock style meter seal 02:20:08 p.m. 02-02-2012 Flnendd SaMeee Pmthneing Melon 215 N. Me mSL 20/Flair PO aw Sao Fart Cd9ne6 CO 90522 070.221.0T7S 970.221.0707 rogVV.MWPurdrer1V 9/16 Firm Name 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 adick0fcuov.com (e-mail) (970)221.6707(fax) Any questions regarding this Inquiry should be directed to Opel F. Dick, Senior Buyer, CPPO (970)221-6M. Any technical questions should be directed to Chad Stanley, (970) 221,6392. UANTITY- DESCRIPTION: 85,000 ea. Padlock Style Meter Seel Barcoded plastic padlock seal.. Must meet requirements listed below. *UV/weather resistant .Temper realstent 'Bercoded 'U811ty name - FCLP *75,000 OrearJ10,000 Red $ 0-5760Ea. $ /�.'iSO=°rota) Mfr. �T 1�5 lootorHo2��7 - 6 -c SV ea ota Delivery: uryt"2 -SAW=- yT, Iteming bid meet the above specifications without exception. Yes No _. If not,.pleasa list exceptions, specifying par graph reference number, on a separate sheet and attach to your bid. Send copy of specifications with quote submittal. From:HANILTON ASSOCIATES 303 463 7553 02/O7/2012 10:37 #093 P.002/002 970-221-6593 02:33:29 p.m. 02-02-2012 16116 SUPPLEMENTAL INSTRUCTIONS. Prices quoted must remain firm for a 30 day period after the opening data. 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, ate. 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, Senlor Buyer (970) 221.677E — zx�t' U2 7? OR PRINTED NAME AND TITLE EMAIL 14,A,r r - - A. s, �2s COMPANY NAME (AREA CODE) TEI ADDRESS: CITY, STATE, ZIP 'HONE & FAX NUM' ER Cam, 3:�-/ a1711-2- DATE PLEASE GO TO www.fegov.com/ourchosing TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIESI BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODEI PURCHASE ORDER PO Number Page City. of PURCHASE 9121188 a of 6 `t Collins This number must appear ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Contractor shall comply with requirements regarding debarment and suspension in Subpart C of 2 C.F.R. parts 180 and 901. Officials Not to Benefit Contractor shall comply with the requirement that no member of Congress shall be admitted to any share or part of this Agreement, or to any benefit arising from it, in accordance with 41 U.S.C. 22. Civil Rights Requirements The following requirements apply to the underlying contract Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements DOE may issue. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (b) Age . In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (c) Disabilities . In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. Subcontracts - The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by DOE, modified only if necessary to identify the affected parties. 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 PURCHASE ORDER PO Number Page City OfCollins �� 9121188 5 °f a `t Coll` I ns This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Cargo Preference Requirements To the extent required under the ARRA or other applicable law for this Project, the Contractor agrees: a) to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b) to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph .to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the DOE recipient ( through the contractor in the case of a subcontractor's bill -of -lading.); and c) to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. Project Reporting and Information Requirements Contractor and its personnel shall cooperate with and provide all records, data, information and reports requested by the City, in the form and format and within the timeframes requested by the City, in order to enable the City to comply with the DOE Grant Agreement reporting and information requirements for the Project. Contractor shall also provide the City with any backup or additional documentation required by DOE or any other Governmental Authority. Final Cost Audit In accordance with Applicable Law and the Federal Assistance Reporting Checklist, DOE F 4600.2, DOE reserves the right under the DOE Grant Agreement to initiate a final incurred cost audit in connection with the City' s Project. Contractor and its personnel shall cooperate with, and make all necessary AMI System and Contractor cost data and documents available to the City and/or to any representative of DOE or any other Governmental Authority for purposes of such audit. Job Creation and Retention Reporting Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data regarding the City' s Project job creation and retention, including without limitation, monthly and/or quarterly cumulative and/or current reports, as applicable, on AMI System and Contractor Services jobs created and retained at the " contractor" or " Contractor" level by Contractor, as required for the City to comply with the Federal Assistance Reporting Checklist, DOE F 4600.2 and the ARRA Section 1512 reporting requirements under the DOE Grant Agreement. Final Close -Out Report Contractor shall provide the City with all AMI System and Contractor information, in the formal 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 C3. O✓la:-nQ� 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///�� 9121188 s of s F/' rt Collins I ns This number must appear !\,J`' ` " on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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)(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-1B 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 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 80522-0560 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 9121188 7 of e ' `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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: City of Fort Collins $24,225.00 Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 8 of 8 I. COMMERCIAL DETAILS.. Tax exemptions, By statute the Cite of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-01502. Federal fxeisc Tax Exemption Certificate of Registry 84-6(W587 is registered with the Collector of Failure of the Purchaser to insist upon .strict performance of the terns and conditions hereof. failure car delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 34 26. 114 (a). exercise any rights or mnmdics pmvidcd herein or by law, failure to promptly notify the Serer in the event of r breach, the acceptance ofor payment for goods haamder or approval of the design, shall not release the Scllerof Goods Rejected. GOODS REJECTED duc to failure In mcct specifications, either when shipped or due to defects of any of the uamntics or obligations of this purchase order and shall not be dmmed a univer of any right of the damage in "not. may be returned to you for credit and are not to he replaced eecept upon receipt of written purchaser to insist upon .strict pafomanec hereofm any of its rights or remedies as to any such goods. regardless insmimioas from the City of Fort Collins. of when shipped, merived or accepted. a, to any print or subsequent default hereunder, not shall any purport weal msdificaLion or rescission of this purchase onler by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fan Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response In this ruder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, trou vcd payment on the pan of the City of Fort Collins. However, it is to be andcr000d that FINAL Seller and the Purchaser recognize that in actual economic pmaice, overcharges emitting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmerdures. violations arc in fact borne by the Purchaser. Theretofore, for goad cause and as consideration for executing this purchase enter, the Scllcr hereby assigns to the Purchaser any and all claims it may near have or hercene, Freight Temx, Shipments must be F.O.B., City of Fort Collins, 7(N) Wood St., Furl Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relining to the p.irticular goods or senates otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected front the nearest distribution point to de,tinmion, and execs. freight will be deducted front Invoice when shipments are made front greater distance. Permits, seller shall procure at sellers sole cast all nmessaw permits. certificates and licenses required by all applicable laws, regulations, ordinances and mlcs of the state, municipality, territory or political stiNivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmles Form and against all liability and Inca incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinances. mles and requirements. Authorization. All panics to this contract agree that the rcprescntatives arc, in fact, bona fide and posses full and complete, authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein .1 forth and any sarpleamm ry or additional moves and conditions annexed hereto or incorporated herein by reference. Any additional or di Kenn, mats 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 premised delivery date as noted. Time is of the eserce. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial laic deliveries, shall operate as a waiver ofthis prevision. In the event of env delay, the Purchaser shall have, in addition to other legal and equitable comedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fntdt of negligence. such acts of Civil. acts of ei viI or military mnhoritics, govemmcntal priorities. Gres, strikes, hood, epidcmna, wars or riots pmvidcd that notice of the condi rions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any .such delay, the (laic of delivery shall be extended for the period equal to the time actually lost by reason afire delay. 1. WARRANTY, The Seller womnts that all goods, articles, materials and work covered by this order will confnrm with applicable dnmvings, specifications, mmplcs and/or other descriptions given. will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmles from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good. without cast to the purchaser, any defects or faults arising within one (1) yen, m within such longer period of time as may he prescribed by law or by the terns ofery applicable warranty provided by the Seller a0cr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or material, famished by the Seller. Acceptance or use of goods by the PuMhrsa shall not constitute a waiver artily claim under this warranty. Except as otherwise pracided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximmly caused by the breach of any of the foregoing warranties or guxmmccs. Intt such liability. shall in no event include los of pmfls ar Ins of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal Isms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may retake any changes to the terms, other than legal terms, including additions to or deletions fern the quantities originally ordered in the specification or drawings, by verbal or written change mdee If tiny such change affects the amount true or the time ofperformance hereunder. an equitable adjustment still he mode. 6. TFRh11NAT10NS. The Purchaser may at any time by written change all". terminate this agreement as to any or all panions of the goods then not shipped, subject in any cquimble adjumment bcnscca the panics as to any work or mamrinls then in pmgrrcs provided that the Purchaser shall not be liable for any claims for anticipated pmtits on the uncompleted portion of the goods andfor stork. for incidcnml or consequential damages, and that no such rdbi.snnenl he made in favor of the Seller with respect In any goods which are the Sellers standard vt mk. No such tcrminntion shall relieve the Purchaser or the Seller of any ofthclr obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjuamcm must be assined within thirty (30) days fmm the dire the chnngc or termination is ordered, R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the guess are subject. The Seller shall execute and deliver each documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incerpommel herein by this reference. The Seller agrees to indemnify and held the Purchaser hamles from 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 doc hcramdcr without the prior written consent of the other parry. 10. TITLE. The Seller wam *, fall, clear and unrestricted title to the Purchaser for all equipment mmcrials and items furnished in performance of this agreement. free and dear of any and all liens, restriclions, rescnalions, seeunty interest encumbrances and claims ofethers. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Scllcr,and the Seller thercaler indienten its mahility, or unwillingness to comply, the Ptuchaser may cause the work to be perforated by the most expeditions means available to it and the Seller shall pay all costs asweiated with such work. The Scllcr shall release the Purchaser and its contractors array tier Term all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of foul, of negligence of the party released and shall extend to the directors, effects and employee, af."'6 party. The Scllcr, contactual obligations, including wamnty, shall not be deemed to be reduced, in any way. because such work is performod or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rcquimd to use any design, device, material or process cm'cmd by letter. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of mch patented design, device, material or pmecks in connection with the contract, and shall indemnify the Pamhascr 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 after 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 earn expense and at its option, either procure for the Purchaser the right to continue using said equipment or Pans, replace the same with substantially equal but nnninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall bete.. insolvent or banknipl, make on 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 Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation of the agreement and the rights of ill panics hereunder Shull be conslmed under and governed by the hiss ofthe State of Colorado, USA, The following Additional Conditions apply only in cries when the Seller is to Perform work hereunder, including the scrvtccs of Scllcrs Rcpresentativc(x), on the premises of athcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's men risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work andfor materials before Seller's final completion and acceptance, complete the work at Seller's own expert a and in the satisfaction of the Purchase, When muterids and equipment are famished hp 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 materials andfor equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, pmvidc for the payment of worker, compensation. including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. andfor to their dependents in accordance with the laws of the state to which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with balily injury and death limits of at least S300,MO for any one person. S500,100 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his connance , if any, m preside for such compcomion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of mhers, the Seller shall famish the Purchaser with a ecnificam that such compensation and insurance have been pmvidcd. Stich ecnifcates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until net 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, Ins, or injury cfeny kind ar nature whatsoever to persons or property cased by or resulting from the exccutinn of the work provided for in this purchase order On in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and emplayecs from and against any and all claims losses, damages, charges or expenses, whether direct at indirect. and whether to persons or pmpcny to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors, or my of the Scllcrs or contractors officers, agents or cmployccs. In case any suit or other pmccci ings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by reason of any act, action, neglect. omjsion or default of the Seller crony of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to asome the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, anv and all judgments that may be inci and by or obtained against the Purchaser or any of its or their oRccm. agents or employees in such suits or other proccotl and in ease judgment or mhcr lien be placed upon or obtained against the property of the Parchascr, at mid panics in or as a tcsull of such suits or other prcecedings. the Seller will at once cane the same to he dissolved and discharged by giving bond or other,isc. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with ell laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all talc, and regulations issued pursuant thereto. Revised 032010 EPLS Search Results Page I of 1 r::PLIS Excluded Parties List System. Search Results Excluded By Firm, Entity, or Vessel : Inner-Tite as of 15-Feb-2012 11:59 AM EST Your search returned no results. h ttps://www.epls.gov/epls/search.do?ful I_name=l n ner-Tite&status=current&getreport=tru... 2/ 15/2012