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Home My WebLink About472553 MSI TEC INC - PURCHASE ORDER - 9122438 (2)City Of9122438 CollinsChis PURCHASE ORDER PO Number Page 1 of 7 number must appear 1 ' on all invoices, packing `t slips and labels. Date: 04/26/2012 Vendor: 472553 Ship To: ELECTRIC UTILITIES MSI TEC INC CITY OF FORT COLLINS 8925 E NICHOLS AVE 700 WOOD ST CENTENNIAL Colorado 80112 FORT COLLINS Colorado 80521 Delivery Date: 04/26/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price ARRA Funding / SGIG 1 LOT LS Quote 109284 Attn: Marty 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 70,563.00 UInvoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 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 Of 9122438 z of 7 `t Collins 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 B. O'Neill II, CPPO City of Fort Collins Accounting Department City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 PO Box 580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City/ OfCollins � 9122438 3 of 7 `t Coll` I ns This number must appear J 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 c�. on�:9-ems City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 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//f 9122438 4 of 7 C6rt Collins on all invoices, p appear ,�_,J`_' ` J 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. 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 City Of///�� 9122438 s of 7 Collins n C This number must appear Flirt C ,�—`J-' ` " J on all invoices, packing I 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 PO PURCHASE ORDER 912243er Page City Of^ 9122438 s of 7 F6r} Collins This number must appear ,�—,J`-' ` 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)(1 5)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1 101(a)(1 5)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1 B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. (2) DEFINED TERM. -In this subsection, the term " hire" means to permit a new employee to commence a period of employment. Wage Rate Requirements SEC. 1606. Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. 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 $70,563.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 7 of 7 1. COMMERCIAL DETAILS. Tus cwamptlons. By,mtu4, the City of Fon Collins is exempt fiom,late and local tax.. Cu, Exemption Number is I1. NON WAIVER. 98-01502. Federal Excise 'I'a, Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perf ..ranee of the Inns and conditions hereof; failure or delay to Internal Ra,eaue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any fglds or naucdic, provided herera .r by law, failure to promptly notify the Seller in tire event of u broach, The acceptance .for payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS ROCC'1'ED due to failure to mad spceificmion., either when shipped m due m defect, of any .1 the w. anfa, or obligation, of this purchase order and shall our be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are net to be replaced eto,q n upon receipt of written proha r to insist upon strict performance hereof., any of its rights or renmedie, as tu any such goods, regard[... instructions Irons the City of Fun Collins. of when shipped, received or accepted, as to any prior or subsequent defult hereunder, nor shall any parponed oral modification or rcuis,ion of this purchase order by the Purchaser operate as u waiver of any of the tennis Inspection. GOODS are subject to the City of Fell Collins inspection on arrival. hereof. Final Acceptance. Rceeipi of the merebandlu, services or equipment in nap ow to chi, order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Eon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from atilitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations nre in fact borne by the Pumlusec'1'hcrcmdinc, for good cause mid us consideration for executing this purchase order, the Seller hereby assigns to the Pmvhuor any and all claim, it may now have or hereafter Freight Terns. Shipmcos root be F.O.H., City of Fun Collins, 700 Wood St., Fell Collins, CO 80522, unless acquired order tederal or state antitrust law, for such overchurgex ,doing to the panicular goods or ...vices othcnyiw specified on this urdcr. If pcnnission is given to prepay freight and charge separately, the original freight purchased tar anryimd by the Pinchucr pursmmt m this purchase odcr. bill most accompany invoice. Additional charges for packing will out be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where nmnufacturers have distributing puins in various parts of the country, shipment is If the Purehaer direct. the Seiler to correct nuncontorning or defective goods by a ditto lobe agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted tronm Invoice when Purchuwr and the Seller, and the Seller thereafter indicates its inability or unwillingues, to comply, the Purchaser shipments are made from greater distance may cause the work to be perf nnied by the most expeditious means available to it, and the Seller .hall pay all costs assucimcd with such work. Permits. Scllcr shall procure tat wll,m wle cost all necessary permits, cenificatv, and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision when 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 Ton Collins harmless from and against all liability and loss incurred by them by reason of tan assened or established violation of any such laws, regulations, ordinances, rules .,,it requirement,. Authorization. All panics to this contract agree that the representatives are, in fact, bona tide and possess full unit complete authority to bind said panics. LIMITATION OF PERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sea forth and any supplennentary or additional toms and conditions annexed hereto or incorporated herein by nterenee. Any additional or ditferent terns and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m xnivc or your, promised delivery date a. ..,ad. Time is of the essence. Ddivcry and performance must be eflected within the lime stated on the purchase order and the documents ansched hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial lute deliveries, shall operate us it waiver of rho, provision, In the event .tarty delay, the Purchaser shall have, in addiliom to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for don ages. However, the Seller shall not be liable for damages is a result of delays due to causes not reasonably fomw,a ble which arc beyond its revsmuble control and without its Fault of negligence, such at, of God, acts Of civil or military authorities, govemonvmal priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given no the Punhawr within five IS) days of the time when the Seller first received knowledge thereof. In the "am of any such delay, the data of delivery shall be usnnded fur the period equal its the time actually lust by reason of the delay. 3. WARRANTY. The Seller wmr nas that all goods, unicles, materials and work covered by this order will cunhunt with applicable drawing,, specification,, samples and/or other descriptions given, will be lit for the purposes intended, and perfonmd with the highest degme of cum and competence in accordance with accepted standards for work of a similar route The Seller ugncs to hold the purchaser hunulcss from any lass, dunmge or expense which the Punhuscr may suffer or incur on account of the Sellers breach of ourranry.'I he 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 tins a. may be prescribed by law or by the emu of any applicable warranty provided by the Seller ulna the data of acceptance of the good, furi.hed hereunder (acceptance not to be unreasonably delayed), rsulting Fran innperlcet or Lfaawe work done car meter.[, fimm,hd by the Seller. Acceptance or use of goods by the Punhawr ,hall nor constitute a waiver ofany claim under this warranty. Except as otherwise provided in thi, purchase ordcn the Seller, liability hereunder shall extend to all damages pmwimately caused by the breach of any of The foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FFI NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGALTERMS. 'the Punlnaer may make changes IO legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal toms, including additions to or deletions Four the quantities originally ordered in the specifications or drawings, by verbal or Wrincn change order. If any such change affets the amount due or the time oFpenorrnance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. T'Ie Purchaser may at any time by nnun change order, tenninate this agreement as to tiny or all punions of the goods then not shipped, subject to any equitable adjusmncnt bcmren the panics a to any work or materials then in progrcv provided than the PuwMoser .lull nut be liable for any claims for —66,,oed pmti, tan the uncompleted p rnion of the goods and/or work, for incidental or consequential dunmges, and that no such udju unvin be made in l'., uF the Seiler with repeat no cry goads which are the Sellers standard stock. No such tcmniamiun ,hid[ relic.• the Purelmscr or the Seller of any of their obligations as to any goods delivered herandcr. 7. CLAIMS FOR ADIUSTML'NI'. Any claim for adjustment must be nuened within thirty (30) days form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Scllcr warrants that all goods add hcrcundcr shall have be,., produced, sold, delivered and furnished in ,trial compliance with all applicable laws and regulation, to which the goods arc subject. The Seller shall execute and deliver such documcn, u, maybe required to of@n or e,idcnce compliance. All laws and ogulmions required m be incorporated in agmerrenu of this eluramer am hereby incorporated herein by this mmo,nto. The Seiler agrees to indemnify and hold the Purchaser harmless Four all costs and damages suffered by the Purchaser is it result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any munics due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller seaman, full, clear .,,it unrestricted title to the Punhuscr for all equipment, materials, and items furnished in perfornmance of this agreement, free and clear of any and all liens, restrictiuns, reservations, security immst cncumbranc. and claims of mhos. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nacre resulting loom the perl'onnance of such work. 'firs ,]case shall apply cacn in the event W'fuult of negligcnec of the pany released and shall extend to the directors, ofliec, and employees ofsuch parry. The Seller's contractual Obligations, including wununty, shall not be dccnned m be reduced, in any way, because such work is perfornled or caused to be penunmcd by the Pumhawr. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnity and save harmless the Punhawr front any and all claims for infringement by rcuon of the use Of such paternal design, device, material or process in connection with the contract, and shall indcnmiry the Puchaser for any cost cxpcasc or damage which it may be ubli,,d to pay by rarson ofsuch infringement tat any time during the prosecution or Mier the completion of the work. In case said equipment, or any pan thereof., the intended use of the goods, is in such suit held I. constitute infringemmrt slid the use of said equipment or pun is enjoined, the Seller shall, ill its own 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 nmtindringing equipment, or modify it ran it becomes n.ninlringing. 15. INSOLVENCY. If the Seller shall bttuns insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee lot any of the Sellers property or business, this order may forthwith be canceled by the Purchawr without liability. 16. GOVERNING LAW. The detiniliuns of tents used or the interpretation ofthe agreement and the rights ofull panics hcrcundcr shall be enamored under and govemcd by the laws.fthe Slut, of Colorado, USA. "file fulluwing Additional Conditions apply only in cases where the Seller is to perform work h mund,,q including the services of Scllcrs Represcamaiw(s), on the premises of olhen. 17. SELLERS RESPONSIBILITY. The Seller shall entry on said work at Seller's own risk until the savor is fully completed and accepted, and shall, in case of any accident, destruction or injury to 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 Punhawr. When materials and cyuipman arc 1'umi,hed by other for installation or erection by the Seiler, the Seller shall receive, unload, store and handle vase at the site and became responsible thcnfor as though such materials and/or equipment were being furnished by the Seller under One mdcr, 18. INSURANCE, The Scllcr shall, al his.wn e.Licow, provide for the payment of workers "inpenOa on, including occupational discuss bereft , m its cmployccs employed on or in connection with the work covered by this purchase odor, and/or to their dependents in accordance will the haws of too state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to, cuntruetual and automobile public liability insurance with bodily injury and dealt linlit, of m I ... t S300,000 for any one tenon, $500,000 for any one accident and properly damage limit per accident of $400,000. 'the Seller shall likewise require his contractors, it any, to provide for such eompon otion and insurance. Before any of the Sellers or his contractors mnpluycas shall do any work open the premise ofothers, the Sellershall furnish the Punhawr with a cenificmc that such mnnpensatiun and insurance have been provided. Such cenilicales shall specify the date when such compensation and insurance have been proyided. Such cenificates shall specify the date when such compensation and insurance capirv, The Scllcr agree, the such compensation and insurance shall be maintained until after the entire aork is completed and accepted, 19. PRO I'ECI'ION AGA I N S'f ACC [DEN 'I'S AND DAMAGES. The Scllcr hereby asstum.s the entire mspm,ibil ity and liability for any and all nonage, loss or injury Of any kind Or nature whatsoever to parsons or property caused by or resulting front the execution of the work provided for in this purchase order or in connection hcrwith. The Seller will indemnity and hold harmless the Purchaser and any all of the Purchaers ufu,,rs, agent, and employees from and ugain,l any and all doom,, losses, damages, charges or expenses, whether direct or iodireel, and whether to persons or propcny to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pun of the Seller, any of Isis contractors, or any of the Sellers or contractors officer,, agents or employees In caw any suit or other proceedings shall be brughi against the Purchase, or its olliccrs, agents or employees at any little On account or by reason of any net, nation, neglect, umis,ion or default of the Seller of any of his contractors or any of its or their officers, agents or employees us afurcvid, the Seller hereby agrees to assume the defense thereol'and to delBnd The same at the Seller, owocxpcnw, to pay any and all costs, charges, attorneys fro" and other expenses, any and Al judgment, that may be incurred by tar obtained against the Punhawr or any of its or their olliccrs, agents tar employe.. in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pr.peny of the Purchaser, or said parties in or as a result of such suits or other proceedings, The Seller will at once cause the vmc to be di..nlvoil and discharged by giving bond or other wis,. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevcidion of accidents, comply with all laws and regulmitrns with regard to salcty including, but without limitation, the Occupational Safety and Hcallh Act of 1970 and all colas and regulations issued pursuant Ihcmto. Revised 03/2010 MSI Tec �o 8925 E. Nichols Ave. Centennial, CO 80112 (866) 397-7388 www.msitecinc.com Part Number Description CUSTOMER QUOTATION Quentin Antrim Quote Number: 109284 City of Fort Collins Quote Date: 04/19/2012 215 N Mason St Expiration Date: 12/21/2011 Fort Collins, CO 80522 Issued By: Marty Huff Phone: (970) 221-6539 gantrim@fcgov.com Manufacturer Price Qty. Extend 1 Fled SWltchitf _Yyy vn J y 'Gd4 s Ys., �`" r �y s s "L : }, '•�3 3 �' G a EDS-611-T Compact managed Ethernet switch system with 2 slots for Moxa $1,688.00 17 $28,696.00 4-port fast Ethernet interface modules, for a total of up to 8+3G ports, -40 to 75C operating temperature a .f» ( ) p CM 600„3SSC/1TX Fast Etherr et interface modulewdti 1 10/1006aseT X o t Moxa ^ t { ti8=�z.4",tzc4 ca.'a¢wss3B��'ac�t 9 portsrKne y ��^k "a� a RJ45 connector and 3 1008aseFX sinle mode orts iSC- x S neh�'r s S` connectors 40 to 7,5vC operatitingvtemperature x w,, MDR-40-24 40W/1.7A DIN -Rail 24V VDC power supply with universal 85 Moxa $95.00 17 $1,615.00 to 264 VAC input:-20-70? SFPs,1G10AALC T t? Small Form Facto�pluggable transceiver with,t000Base y ,` ,Moxa` r', { a $280 00 ,' i 17,,,.',"$;.�$4 760 00 ' WDM type A LC connector; 10km" 40 to 85C SFP-1G10BLC-T Small Form Factor pluggable transceiver with 10006ase Moxa $553.00 17 $9,401.00 WDM,type B, LC connector, 10 km, -40 to 85C Media Converter IMC 21A5 SC�T� te a" Industnal 10/10066seT(X) todi ,100BaseFX media cwriverter , Moxa 2 „ ' 4 $405 00 %' �5„ $2 025 00°fk i WV single mode SC'connector 401675 C 1. -1 •.'.t MDR-40-24 40W/1.7A DIN -Rail 24V VDC power supply with universal 85 Moxa $95.00 5 $475.00 to 264 VAC input:-20-70C x 4Ta t-a "�s b+4 i •" `"` £'P n" v t 5 k f e Freight Freight Charges - Estimated MSI Tec $250.00 1 $250.00 Total: $70,563.00 TERMS & CONDITIONS Payment Terms: N30 with Approved Credit Availability: Freight On Board: FOB Origin Additional Notes: TO: File FROM: Jim Hume, Senior Buyer DATE: April 19, 2012 RE: AMFC - MOXA equipment sourcing, Independent Cost Estimate, Price Analysis, and EPLS Single source iustification The Advanced Meter Fort Collins project has reached the stage of design where field network hardware requirements have been finalized. The equipment is.manufactured by MOXA, the City's standard for field hardened network infrastructure. Independent Cost Estimate The needed switches, media converters, and mounting kit hardware will cost about $70,500 based on previously bid and ordered MOXA equipment. MSI Tec was awarded a bid for MOXA equipment in November of 2011. City of Fort Collins Purchasing policies allow re -ordering from previously bid items for a period of two years after initial award, provided prices remain the same. MS[ Tec has provided a quote using the same prices offered under the previous bid. Price Analvsis From the previous MOXA bid iCom Tech quote MSI Tec quote MSI Tec quote: current order the following results were obtained: $93,010.00 4.3% discount from list $72,903.50 25% discount from list $70,563, including freight. Prices are the same as the previous bid. For the original bid quotes were solicited from three MOXA distributors and online prices were compared to the quotes received. No source was able to offer pricing close to MSI Tec. Based on the results of our request for quotes and online investigations, we concluded that MS[ Tec's offered pricing is fair and reasonable. Since MSI Tec has offered the City the same pricing on this second order, that conclusion is still valid. Excluded Parties Search -NISI Tec -j,V EE.d.d" Paid.. Un SYMM - W 0" Inume[ E+Dlerw DrevidsA Dy.Clry of F11'. liini , T� ` �+ � ��F, i7 J ��1�I�-' E�—.�s4www yi•p+'eplJuaen bj:+:•�•R77 e!].zJEAIpL•'i&SCI:fF�A:IO r�"8 'i R• Gzv}. Pi @ A Pmuea List SYs��^ m tr v .,:.Llw.• n �<' -"3 � -.� IT- E w it [=k0uded16rlties 8.i eSystem; N J ,.AAStrCtd SeYcn 'SwNRrwblar Pm �l, +9.h HA, it66p4 Nanez. Fbin, Emk,.aV�4wt:MY TIC '" +ANa[NSinM1 Tpz ±Eixtlbfm aH SStUIYI 'atryiPLS As of tfP,prAti}n PY EOT ±RIDk VtVl4aaL ' 'yv�,e,�p�f` , FAp "?Q%Hi1IP"1ifK fp(IpMf.S a9vA•�NRttnaa Ywrwadf nemwJmmam. iPerv:l k(Pm'nxbnz 8if� Ilw Sr+r4r PrNblFdmQn � �SYitm(w AwVJY50}'rt[tr. .QFcpad CaOes