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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9121809Fort Collins Date: 03/27/2012 Vendor: 109184 LEWAN & ASSOCIATES 1608 S COLLEGE AVE PURCHASE ORDER PO Number Page 9121809 1of7 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS FORT COLLINS Colorado 80525-1007 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 03/27/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Quote 58731 - Rev 1 of 1 1 LOT LS ARRA Funding/SGIG per Bid 7178, Attn: Cindy Jacquot 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 106;598.00 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 ll, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page CI�/ Of 9121809 z of 7 ' `tCollins This number must appear ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James S. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Emaii:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER 912180er Page PO City Of 121809 1011 ' 6rThis number must appear F6rt Collin = on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 C3. O!1R.92� 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 Of21809 4 of 7 �} Collins( v This number must appear ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements DOE may issue. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (b) Age . In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (c) Disabilities . In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. Subcontracts - The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by DOE, modified only if necessary to identify the affected parties. Cargo Preference Requirements To the extent required under the ARRA or other applicable law for this Project, the Contractor agrees: a) to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b) to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 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. U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of 9121809 5 of 7 `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. Energy Policy and Conservation Act Contractor will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). American Recovery and Reinvestment Act of 2009 Buy American Source: OMB Circular A Desk Guide to the Buy American Provisions of the Recovery Act- February 2011" Computer Hardware and Software Server virtualization software and energy efficiency software are not manufactured goods; and thus not subject to the Buy American provisions. Cables and connections are examples of types of hardware equipment that could fall within the Buy American Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page Clty. of 9121809 6 of 7 Fort Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Recovery Act provisions because their installation makes them a permanent fixture in the building, similar to electrical wiring and outlets. Specific examples include fiber optic, Cat-5, or other cabling when installed inside walls, ceilings, or flooring; conduit when installed inside walls, ceilings, or flooring; and RJ-45 and other connectors when affixed to a wall or floor. Computer equipment that is built into the building, such as computer systems that are wired into the HVAC system or used to create a " smart building" could fall within the Buy American provisions under the same theory. By contrast, personal computers, file servers, and networking hardware equipment are typically easily removable and not intended to be permanent fixtures. As such, these products are not covered by the Recovery Act Buy American provisions . Other examples of hardware components that likely are not covered are- laptops or notebook computers, personal digital assistants, hand-held computers, and wireless communication devices; peripheral input/output devices - including keyboards, printers, etc. Economic Stabilization Contracting Employ American Workers Act (b) PROHIBITION.- (1) IN GENERAL. -Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(1)(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 emplovment. Oi'1�-9-QJF_ Cl City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Total Invoice Address: $106 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 7 of 7 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt loom state and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise "fax Exemption Ccnificare of Registry 84-6000587 is registered with the Collector of Failure afire Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Rcl: Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). cxac isc any rights or remedies provided herein or by law, failure to promptly notify the Seller in We event of. breach, the acceptance of., payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spcelticmmc s, either when shipped or due to defects Of any of the wanantica or obligations of this purchase order and sbull not be coconut . waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon stria performance lareof or any ofit. rights a, o, nedies as to any tech goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall ally purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms hupeclioa. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. Final Acegnanec. Receipt of the merchandise, services or equip n,cut in response to this order can result in 12. ASSIGNMENT'OF ANTITRUST CLAIMS. authorized payment on tire par of rite City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser acognize that in actual economic practice, overcharges resulting tram antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in Net borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all Claims it only now have or hereafter Freight Tens. Shipments most be F.O.H., City of Pon Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services mherwise spocilied on this order. If permission is given to prepay freight and charge sepumtcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be .... food. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipman Distance. Where manufacturers have distributing points in various parts of the country, Shipment is If the Purchaser dines the Seller to correct aoneamfoming or defective goods by a date to be agreed upon by the expected from the name distribution point to dostinatioa, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller f ocoulficr indicates its inabiliry, or unwillingness lu comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the .,lost expeditious noes available to it, and the Seller shall pay all costs associated with such work. Penult. Seller shall procure at sellers sole cost all mecssmy permits, certificaes and licenses required by all applicable laws, regulations, ordinances unit mles of the stile, municipality, territory or political subdivision where the work is performed, or required by any other duly corsrimted public authority having jurisdiction over the work of vendor. Seller funhcr agrees to hold the City of Two Collins hamtess from and against all liability and loss incurred by then, by reason of an averted or established violation of any such Imes, regulations, ordinances, rules .rid requinmens. Amhorimtio r All panics to fills contract agree that the representatives an, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order exprevly limits acceptance to the terms and conditions stated heroin Set ionic and any supplementary or additional terns ..,it conditions mmoxed hereto m incorporated herein by ¢fcramc. Any additional or different terns and conditions proposed by Seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of oho cvcnec. Delivery and performance nasal be kTcctfd within the circle stated on the purchase order and the documents attached hereto. No act, of the Purchasers including, without limitation, acceptance of partial lam deliveries, shall operate as a waiver ofthis provision. In the oveat of any delay. the Purchaser Shall have, in addition to other legal and equitable remedies, the option ufpWcing this order elsewhere and holding the Sell,, liable for damages. However, the Seller Shall not be liable for damages as a result of delays due to causes tier reasonably foreseeable which are beyond its reasonable cannot and without its fault ofnegligcnce, such acts of God, acts ofeivil or military amomitics, governmental priorities, tires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when line Seller first r.criecd knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work raveled by this order will confomr with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cure and competence in accordance with accepted standards for work of a similar ounce. The Seller agrccs to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of name as nay be prescribed by law or by the terns ufary applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be uueasonab[y delayed), resulting from imperfect or dcfectivc mark done or materials fumish.d by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except a, otherwise provided in this purchase order, the Sellers liability hcrcaWer shall extend to all da.,mges proximately caused by the breach ofany of the foregoing warranties or guarantees, bur such liability shall is no event include loss oQuoills or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI FANG ES IN LEGAL'FERMS. T'he Pc rclmscr may make changes to legal tern.. by written change order. 5. CHANGES IN COMMERCIAL TERMS. Tito Purchaser may make any changes to the forms, other than legal ones, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects tit, amount due or the time ofpenffrniaoe hereunder, tat equitable adjustment shall be mnde. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjasnncat between the parties as to any work or materials then in Progr..+� Provide .,hat 'lie Poehascr shall ttor be liable for any claims for anticipated proton on the uncomplend portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any goods which are the Sellers standard stock. No such termination shut] relieve the Purchaser or the Seller allay of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT'. Any claim for adjustment must be averted within thirty (30) days from the date the change or (connection is md'.d. 8. COMPLIANCE WITH LAW. The Seller warrants that all gods Sold hereunder shall lave been produced, sold, delivered and furnished in Strict compliance with all applicable laws .rid regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be requited m effect or evidence compliance. All paws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrccs to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of die Sellers failure to comply with such Ina. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrine r consent of the other parry. 10. TITLE. The Seller wanams full. clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, two and clear of any and all liens, restrictions, reservations, security interest encumbrances and churns oforhers. The Seller shall release the Purchaser and ifs contractors of any tier from all liability and claims ofary nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of aegllgener of the party retraced and shall extend to the direct.,,, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS, Whenever the Salle, is required to use any design, device, material or process covered by [error, patent, trademark or copyright, the Seller shall indemnify and save handless the Purchaser from any and all claims for infringcmenl by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of wch onringcment 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 inffingemeal and the use of Said equipment or part is enjoined the Seller shall, at its coca expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the sane with substantially equal but non infringing equipment, .,modify it So it becomes noninfringing. 15. INSOLVENCY. I Ithe Seller shall brown,c insolvent or bankrupt, make an assigunient for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or businev, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofternn, used or the interpretation ofthe agreement and the rights of all parties hereunder shall be ..maned uadcr and governed by the laws ofthe State of Colorado, USA. 'fire following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repnscntative(s), on the premises at others. 17. SELLERS RESPONSIBILI'try. The Seller shall carry on said work at Setter's own risk until the woe is fully completed and accepted, and shall, in case of any accident, destruction or injury ro the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials .rid equipn,eat are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle sums at the site and became responsible therefor as though such materials ardor equipment wore being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance milli the laws of the state in which the work is to be- done. The Seller shall also carry comprcherfave general habiliev including, but not limited to, contractual and automobile public liability insurance with bodily injury and dcmh limits of al [cast S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the promises ofolhcrs, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date alien such compensation and insurance expires. The Seller agrccs chat such compcnsurion and insurance shall be maintained until after the entire mark is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for atry and all damage, loss or injury fany kind or comme whatsuevor to persons orpropeny caused by or resulting from the execuml ufthe work provided for in this purchase order or in connection herewith,TheSeller will indemnify and hold harmless the Purchaser and any or all of the Purchase. effects, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property 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 ILLS contracfn., or any of the Sellers of cuntrectons officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchascr, or its officers, agents or employees o any time col account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of is or their ofirem, agents or cn,ployces as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all ju igmcns (hut may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lie be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, (he Seller will at once cause the Some to be dissolved and discharged by giving bond motherwlse. The Seller and his contractor shall lake .II safety precautions, furnish and install all guards necessary for the prevcution of accidcnrs, comply with all Imes and regulations with regard to safrry including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010 swan A 0 3 0 C I a 'r F A Customer City of Fort Collins (11661) PO Box 580 Accounting Department Fort Collins, Colorado 80521 Lewan & Associates, Inc. 1400 South Colorado Boulevard P. O. Box 22855 Denver, Colorado 80222 United States http://www.lewan.com Bill To City of Fort Collins Payable, Accounts PO Box 580 Accounting Department Fort Collins, Colorado 80521 ri Date lExpiration Mar 8, 2012 12:41 PM Date MST Apr 6, 2012 Doc # 58731 - rev I of 1 Description HP Storageworks 120T8 bundle-SGIG SalesRep Jacquot, Cindy (P)970-495-6454 Customer Contact "Hosted, John (P)970-217-9143 ,- jhusted@fcgov.com Ship To City of Fort Collins -Information Technology Weeks, John 215 N Mason St 3rd Floor Fort Collins, Colorado 80521 Customer PO: Terms: Ship Via: None Unknown FedEx Ground Special Instructions: Carrier Account #: None None 1 HP Storageworks P4500 G2 120TB MOIL SAS Scalable Capacity SAN Bundle BQ890A 1 No $102,398.00 $102,398.00 HP P4500 G2 12OTB MDL SAS Scalable Capacity SAN Solution Scalable Capacity SAN Software: SAN/iQ Storage Clustering SAN/iQ Network RAID (synchronous replication) SAN/iQ Thin Provisioning SAN/IQ Application Integrated Snapshots SAN/iQ Remote Copy (asynchronous replication) SAN/iQ Multi-Site/DR Solution (synchronous replication across locations) SAN/iQ Application Integration Solution Pack Scalable Capacity SAN Hardware: Five redundant active -active scalable controllers 60 2TB 7.2K MOIL SAS disk drives 30 GB RAM Redundant hot swap power supplies 2,560 MB battery backed cache Support for RAID 5, 10, 6 10 1Gbit NIC ports iL02 Management Integrated DVD/CD-Ram 1200W 48V DC power supplies supported Scalable Capacity SAN Services P4000 SAN Solutions include services resulting in 3yrs of HW&SW, 9x5, NBD Installation & Startup services are available from HP & HP resellers. Installation and startup can be performed by customers Customer Training: A two day training course for P4000 SAN Solutions is available and recommended. Select the part number HF383E (QTY 2) from the HP Education tab What's in the Box: Each sku contains the following major components: Five P4500 G2 Storage Systems, each with twelve 2TB LFF MDL SAS drives 2 HP Care Pack Support Plus 24 HA110A3#1N6 1 No $4,200.00 $4,200.00 Extended service agreement - parts and labor - 3 years - on -site - 24x7 - 4 h Subtotal: $106,598.00 Total: $106,598.00 This Quote is valid for 30 days unless otherwise stated. Please contact a Lewan & Associates' Sales Representative for questions or changes. Prices indicated may not include applicable sales taxes, insurance, shipping, delivery or setup fees; actual charges will be calculated on your invoice. Orders are fulfilled in the order in which they are received; supply subject to availability. Without an RA (Return Authorization) number, products may not be returned. Returned product may be subject to a restocking charge. Please contact our Returns Department at 303-759-1545, extension 2296, for questions or to initiate a return. Thank You for the opportunity to be of service! * DENVER' FORT COLLINS* COLORADO SPRINGS* BOULDER' SILVERTHORNE* CHEYENNE' GLENWOOD SPRINGS* PUEBLO March 9, 2012 Price Analysis for backup network storage (SAN) for Advanced Metering Project Pricing per City of Fort Collins bid #7178. The bid had ARRA/DOE text included. The backup SAN unit to be purchased for the Metering Project are part of the same Storageworks series as those purchased under bid #7178 except they are more powerful and contain more memory. Offered price for the backup unit is $102,398 plus a support pack, which is fair and reasonable due to the relationship to bid #7178 and considering the additional features. The SAS parts obtained from Lewan were purchased under a Western States Contracting Alliance (WSCA) cooperative purchasing agreement. Excluded Parties Search for Lewan & Associates and Hewlett Packard >Advaced Search - S rch Resuhs W Paiues Eachded by >Search Help. >11M*Names Fmm. Entity, or Vusel: Howlett Pukard i >Advarced Search T*s , &act Name awtl SSWRN As of o9-tdar-f01] 0:00 PM EST =• Public User's Wa >My£PLS - _ Save to MyEPLS I >FAO >ReceN UPdaus - >Acronyms. Browse N Records Yoursiaroh returned na resdha. > Fllhey Al No'isioos ' Back.New Search PrinterFriendly j Systemfor Award Ma emm >(SAM) >Recipreeel COdGS I ii i:i�i�� _ L�ccidcdf?a�rt�s,Li'stsSwstc)iT: maarrrem.n+rr.-tom >AdreicedS 1' Search Resuhs for Pardee Excluded bj >seurch Help >Lfoe¢k Hanes Firm. 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