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Home My WebLink AboutStaff Report 2408-3366CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, October 21, 2024 Council Chambers & Hybrid 5:30 PM Agenda Item 5.Approval of Purchase Order with Anixter, Inc. for the Purchase of Fiber Materials Not-to- Exceed $348,003; and Authorization to Execute Changes Not-to-Exceed $30,000 for Related, for a Total Not-to-Exceed Amount of $378,003 for Fiscal Year 2025; CEQA Status – Council action on this item is within the scope of the Final Initial Study and Mitigated Negative Declaration (IS/MND) was adopted by Council Resolution on June 17, 2024 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: October 21, 2024 Report #:2408-3366 TITLE Approval of Purchase Order with Anixter, Inc. for the Purchase of Fiber Materials Not-to-Exceed $348,003; and Authorization to Execute Changes Not-to-Exceed $30,000 for Related, for a Total Not-to-Exceed Amount of $378,003 for Fiscal Year 2025; CEQA Status – Council action on this item is within the scope of the Final Initial Study and Mitigated Negative Declaration (IS/MND) was adopted by Council Resolution on June 17, 2024 RECOMMENDATION Staff Recommends that the City Council: 1. Approve and authorize the City Manager or their designee, to execute purchase order 4525000136 with Anixter Inc. in the amount of $348,003 for the purchase of fiber optic cable, enclosures, patch panels and cabinets for the FTTP Pilot Project; and 2.Authorize the City Manager or their designee to negotiate and execute one or more changes to purchase order 4525000136 with Anixter, Inc. for related but unforeseen work which may develop during the FTTP pilot not-to-exceed $30,000; for a total not-to-exceed amount of $378,003 for Fiscal Year 2025. BACKGROUND On December 19, 2022, City Council directed staff to proceed with the Fiber Expansion Plan to implement the Fiber Rebuild project and Phase 1 of the FTTP Project. In Phase 1, FTTP would be built out in selected areas of the city and expanded gradually (Staff Report ID 148001). Construction of the fiber backbone in the Fiber Rebuild project and last mile infrastructure to provide FTTP broadband internet to the community in the FTTP project will be a significant undertaking for the City. Council approval of this purchase order will allow the utilities 1 Staff Report ID 14800 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-manager-reports-cmrs/2022/12-19-2022-id-14800.pdf department to order the necessary materials and components in the quantities and specifications required to build FTTP in the pilot area. ANALYSIS The design of the pilot area strategically covers initial test area plans for grid modernization, and a core portion of the Phase 1 FTTP area. The pilot area is bounded by West Bayshore, Embarcadero Road, Louis Road, and Colorado Ave). The FTTP pilot is predominantly aerial construction in the grid modernization pilot area. FTTP build out must be constructed in a manner that provides a pathway from the fiber hut to the areas of higher interest. Based on the engineering design of the pilot area, the City’s consultant Magellan and staff developed a comprehensive list of the materials and components required to build FTTP along with the quantities and material specifications. The build of materials (BOM) include various counts of fiber cables, vaults, splice trays, enclosures, patch panels, fiber distribution cabinets and pole attachment materials. The request for quotation (RFQ) for the fiber BOM was published on June 6, 2024 on the City of Palo Alto’s e-procurement website (OpenGov), with a RFQ due date of July 10, 2024. The City received five (5) bids. One of the bids was deemed non-responsive because they only provided costs for a subset of the materials on the BOM. Below is the procurement summary table: Table 1: Summary of Invitation for Bid Project Bid Number and Name RFQ 190165 – Purchase and Delivery of Assorted Fiber Optic Material for Fiber-to-the-Premises (Pilot) Proposed Length of Project 3 – 6 months Total Days to Respond to Bid 34 days Number of Bids Received 5 Bid Price Range $342,341 - $535,242 FISCAL/RESOURCE IMPACT Funding for this purchase order is available in the Fiscal Year 2025 Capital Improvement Plan budget for the Fiber-To-The-Premises “FTTP” Capital Project (FO-24000). The base purchase order amount of $348,003 is slightly higher than the bid proposal of $342,341 because there is a minimum charge for reels of cables. Purchasing a full reel is more cost and construction effective than buying a partial reel. The excess cables will be used for subsequent phases of FTTP or dark fiber projects. STAKEHOLDER ENGAGEMENT Staff continues to engage with the community on the FTTP efforts primarily through the City’s Finance Committee and Utilities Advisory Commission discussions which are open to the public to participate and share feedback. In addition, staff continues to share updates through the Palo Alto Fiber project webpage6 , City communications channels such as social media7, and Medium.com blog8. ENVIRONMENTAL REVIEW The FTTP Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. A final Initial Study-Mitigated Negative Declaration (IS/MND) that incorporated revisions, as appropriate, based on public comments was adopted by Council Resolution on June 17, 2024. (Staff Report 2403-27132). ATTACHMENTS Attachment A: Anixter, Inc. Purchase Order-4525000136 APPROVED BY: Dean Batchelor, Director of Utilities Staff: Dave Yuan, Utilities Strategic Business Manager 2 Staff Report 2403-2713 https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=2b77638f-b16d- 43a9-ae2a-4b57a96f813d RFQ 190165 PURCHASE AND DELIVERY OF ASSORTED FIBER OPTIC MATERIAL (PILOT) DATED JULY 10,2024. AND STAFF REPORTS #2408-3366 APPROVED ON OCTOBER 21, 2024. 0010 24 CT Fiber Cable, Armored, Loose 16,958 FT 0.33 5,596.14 Catalog number: LE024*C5201S1D 0020 96 CT Fiber Cable, Armored, Loose 11,964 FT 0.62 7,417.68 Catalog number: LE096*C8201S1D 0030 144 CT Fiber Cable, Armored, Loose 25,707 FT 0.84 21,593.88 Catalog number: LE144*CC201S1D 0040 432 CT Fiber Cable, Armored, Ribbon 16,743 FT 3.66 61,279.38 Catalog number: 760213884 0050 1" HDPE Conduit, Orange SDR-11 5,000 FT 0.38 1,900.00 Vendor Address ANIXTER INC P O BOX 842584 DALLAS TX 75284 Tel: 8003502285 Bill To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Ship To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000136 Date 09/18/2024 Vendor No.105666 Payment Terms Payment Due 30 days FOB Point F.O.B Destination Ship via Vendor to ship bestway Required Date 03/17/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 1 of 7 0060 2" HDPE Conduit, Orange SDR-11 3,000 FT 0.94 2,820.00 0070 Mule Tape 3,000 FT 0.02 60.00 0080 #12 AWG Solid Thhn Insulated Tracer Wire 1,234 FT 0.17 209.78 0090 Drop Vault, 12" x 12" 6 EA 145.11 870.66 0100 Vault, 24" x 36" 26 EA 433.85 11,280.10 0110 Large Vault, 30" x 48" 9 EA 939.67 8,457.03 0120 288F Pad mounted FDH Splitter Cabinet 6 EA 3,260.86 19,565.16 Catalog number: R-D-A2-288-C1E-1001-B 100F 0130 1x32 Splitter (4 per FDH at install) 24 EA 828.65 19,887.60 Catalog number: KC1-CAA 0140 144 port rack mount panel 1 EA 4,108.70 4,108.70 Vendor Address ANIXTER INC P O BOX 842584 DALLAS TX 75284 Tel: 8003502285 Bill To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Ship To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000136 Date 09/18/2024 Vendor No.105666 Payment Terms Payment Due 30 days FOB Point F.O.B Destination Ship via Vendor to ship bestway Required Date 03/17/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 2 of 7 Catalog number: 760239066 | UDS-2U-BK-LA-A 0150 432 port rack mount panel 4 EA 11,298.91 45,195.64 Catalog number: 760239070 | UDS-6U-BK-LA-A 0160 Snow Shoes 210 EA 17.20 3,612.00 0170 Anchors - Softscape 41 EA 28.12 1,152.92 0180 Anchors - Hardscape 20 EA 42.30 846.00 0190 6M Strand 50,000 FT 0.17 8,500.00 0200 48 CT Fiber Cable, Armored, Loose 7,147 FT 0.39 2,787.33 Catalog number: LE048*C5201S1D 0210 5/8" x 8' Copper Clad Ground Rod 100 EA 15.76 1,576.00 0220 Fan Out Kits 10 EA 22.25 222.50 Vendor Address ANIXTER INC P O BOX 842584 DALLAS TX 75284 Tel: 8003502285 Bill To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Ship To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000136 Date 09/18/2024 Vendor No.105666 Payment Terms Payment Due 30 days FOB Point F.O.B Destination Ship via Vendor to ship bestway Required Date 03/17/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 3 of 7 0230 Guy Marker - Yellow plastic cover 60 EA 3.31 198.60 0240 Pole Attachment Hardware 414 EA 112.00 46,368.00 CUSTOMER ITEM 311 ON BOM Attachment A - INCLUDES ALL ITEMS BELOW *** 450ea J8810 5/8X10MB ($1.75, 787.50, 2wks, SPQ: 50ea) 414ea SI-5365 5/8 SQ NUT ($0.17/ea, 703.80, 1-2wks) 450ea LS-S9104 LINE SPLICE($3.89, 1750.50, 14wks, SPQ: 50) 414ea J8812 5/8X12MB ($2.00, 828.00, 1-2wks) 414ea 7903 5-5/8 SUSP CLAMP ($6.48/ea, 2,682.72, 1-2wks) 400ea DE-S1104 ($1.90, 760, 2wks, SPQ: 100) 414ea J8814 14in MB ($2.00, 828.00, 1-2wks) 425ea SI-1755 CURVED SUSP CLAMP ($4.85/ea, 2,061.25, 8wks, SPQ: 25) 2000ea SI-7512-050 ($0.51, 1,020.00, 8wks, SPQ: 2,000 414ea J8816 5/8X16 MB ($36.00, 14,904.00, 1-2wks) 425ea J7930 CROSSOVER CLAMP ($14.40/ea, 6,120, 12wks, SPQ: 25) 400ea SI-0038 ($1.49, 596.00, 7wks, SPQ: 400) 414ea 5510 5/8X10 THIMBLEYE ($5.90, 2,442.60, 1-2wks) Vendor Address ANIXTER INC P O BOX 842584 DALLAS TX 75284 Tel: 8003502285 Bill To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Ship To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000136 Date 09/18/2024 Vendor No.105666 Payment Terms Payment Due 30 days FOB Point F.O.B Destination Ship via Vendor to ship bestway Required Date 03/17/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 4 of 7 450ea SI-4430 GUY ATTACH ($1.60/ea, 720.00, 2wks, SPQ: 50) 414ea J6493 ($0.29, 120.06, 1-2wks) 414ea 5512 5/8X12 THIMBLEYE ($4.00, 1,656.00, 1-2wks) 400ea SI-2175 D CABLE LASHIN WIRE CLAMP ($0.45/ea, $180.00, SPQ: 400, 2wks) 414ea J7487 ($0.14, 57.96, 1-2wks) 414ea J8053 5/8X14 THIMBLEYE ($5.00, 2,070.00, 1-2wks) 500ea SI -7511-10 10'' SS LASH STRAP ($0.14/ea , 70.00, 8wks, SPQ: 500) 414ea PM128 ($2.98/ea, 1,233.72, 1-2wks)" 414ea J8054 5/8X16 THIMBLEYE ($5.40, 2,235.60, 1-2wks) 414ea SI-7511-16 16'' LASHING SUPP STRAP ($0.15/ea, 62.10, 1-2wks) 425ea L504 ($3.60/ea, 20wks, SPQ: 25) 500ea SI-9102 2x2 SQ WASHER 11/16 ($ 0.35, 175.00, 2wks) 400ea SI-2174 ($1.93/ea, 772.00, SPQ: 100, 8wks)" TOTAL (ITEM 311): $46,366.81 0250 FOSC 450 B Closure 62 EA 205.90 12,765.80 Catalog number: 058514-000 Vendor Address ANIXTER INC P O BOX 842584 DALLAS TX 75284 Tel: 8003502285 Bill To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Ship To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000136 Date 09/18/2024 Vendor No.105666 Payment Terms Payment Due 30 days FOB Point F.O.B Destination Ship via Vendor to ship bestway Required Date 03/17/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 5 of 7 0260 Splice Tray for B-Gel Closure (SM12) 186 EA 18.85 3,506.10 Catalog number: Z75279-000 0270 Slack Basket for B-Gel Closure 62 EA 16.27 1,008.74 Catalog number: 457507-000 0280 FOSC 450 C Closure 42 EA 228.56 9,599.52 Catalog number: JI945R-000 0290 Splice Tray for C-Gel Closure (SM12) 126 EA 26.35 3,320.10 Catalog number: EM5842-000 0300 Slack Basket for C-Gel Closure 42 EA 16.84 707.28 Catalog number: RH0199-000 0310 FOSC 450 D Closure 27 EA 323.86 8,744.22 Catalog number: 931866-000 Vendor Address ANIXTER INC P O BOX 842584 DALLAS TX 75284 Tel: 8003502285 Bill To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Ship To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000136 Date 09/18/2024 Vendor No.105666 Payment Terms Payment Due 30 days FOB Point F.O.B Destination Ship via Vendor to ship bestway Required Date 03/17/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 6 of 7 0320 D Size splice Tray 82 EA 39.78 3,261.96 Catalog number: JL0937-000 0330 Slack Basket for D-Gel Closure 27 EA 17.95 484.65 Catalog number: 089279-000 ------------------------- Sub-Total 318,903.47 Sales Tax 29,099.94 **** PRICE HAS BEEN QUOTED **** Vendor Address ANIXTER INC P O BOX 842584 DALLAS TX 75284 Tel: 8003502285 Bill To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Ship To: Utilities Electric Operations City of Palo Alto 3201 E. Bayshore Road Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer Total 348,003.41 THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000136 Date 09/18/2024 Vendor No.105666 Payment Terms Payment Due 30 days FOB Point F.O.B Destination Ship via Vendor to ship bestway Required Date 03/17/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 7 of 7 CITY OF PALO ALTO GDS Rev. 06/22/2016 TERMS AND CONDITIONS OF PURCHASE PAGE 1 OF 3 ACCEPTANCE/AGREEMENT: City of Palo Alto (City) reserves the right to reject any and all quotations, to waive any informalities, and, unless otherwise specified by Seller, to accept any item in a quotation. By accepting or filing this Purchase Order (P.O.), Seller agrees to the terms and conditions herein which shall prevail over any inconsistent provision in any form or other paper submitted by Seller. All shipments or services performed shall be deemed to have been made pursuant hereto. No other terms are acceptable. This P.O., including all specifications and drawings, shall constitute the entire agreement between the parties unless modified in writing by City. CITY'S PROPERTY: Seller agrees that the information, tools, jigs, dies, or materials, and drawings, patterns, and specification supplied or paid for by City shall be and remain City property and shall be held by Seller for City unless directed otherwise. Seller shall account for such items and keep them protected, insured, and in good working conditions without expense to City. DELIVERY: The terms of delivery are as stated on the reverse side hereof. The obligation of Seller to meet the delivery dates, specifications, and quantities set forth herein is of the essence of this P.O. No boxing, packing, or cartage charge will be allowed unless authorized by this P.O. Deliveries are to be made both in quantities and at times specified herein or, if not, such quantities and times are specified pursuant to City's written instruction. Items not delivered may be canceled without penalty to City. Shipments in greater or lesser quantity that ordered may be returned at Seller's expense unless written authorization is issued by City. PRICES: The price which Seller charges in filling this P.O. shall not be higher than Seller's most recent quote or charge to City for such materials, supplies, services and/or installations unless City expressly agrees otherwise in writing. Notwithstanding the prices set forth the P.O. City shall receive the benefit of any general reduction in the price of any item(s) listed herein which may be made by Seller at any time prior to the last delivery of goods or services covered by this P.O. TERMINATION: City shall have the right to terminate this P.O. or any part thereof upon ten (10) days notice in writing to Seller. (1) Without Cause. City may terminate all or any part of this P.O. without cause. Any claim by Seller for damages due to termination without cause must be submitted to City within thirty (30) days after effective date of termination. (2) For Cause. If Seller fails to make any delivery in accordance with the agreed delivery date, delivery schedule, or otherwise fails to observe or comply with any of the other instructions, terms, conditions or warranties applicable to this P.O., City may, in addition to any other right or remedy provided by this P.O. or by law, terminate all or any part of this P.O. in writing without any liability of City with respect to Seller at any time during the term of this P.O. In the event of termination for cause, City may purchase supplies or services elsewhere on such terms or in such manner as City may deem appropriate and Seller shall be liable to City for any cost and other expenses incurred by City, which is charged to City. CHANGES: City shall have the right at any time by written notice via P.O. Change Order to Seller to make changes in the specifications, the quantity of items called for, delivery schedules, and requirements covering testing, packaging, or destination. Any claim by Seller for adjustment under this clause shall be deemed waived unless made in writing with then (10) days after receipt by Seller of notice of such change. Price increases or extensions of time for delivery shall not be binding on City unless evidenced by a P.O. Change Order issued by City's Purchasing Manager. INSPECTION: City shall have the right to inspect and approve or reject any materials, supplies, services and/or installations upon arrival of notice of completion prior to payment without regard to the manner of shipment, completion, or any shipping or price terms contained in this P.O. All materials, supplies, services and/or installations must be furnished as specified. (1) Defective, damaged, and nonconforming materials and/or supplies may be returned for credit or refund, at Seller's expense. City may charge Seller for all expenses of unpacking, examining, repacking and reshipping of such materials and/or supplies. (2) Defective, incorrect and nonconforming services and/or installations may be returned for credit or refund, at Seller's expense. All of the above notwithstanding prior payment by City. WARRANTY: Seller expressly warrants that all materials, supplies, services and/or installations covered by this P.O. shall: (1) conform to the specifications, drawings, samples, or other descriptions specified by City or if none are so specified, to Seller's standard specification or the standards of the ASTM or ANSI or other national standard organizations; (2) be new and unless specified to the contrary on the face hereof, will be free from defects in material and workmanship and will be free of all liens and encumbrances and will conform to any affirmation of facts made on the container or label; (3) be adequately contained, packaged, marked, labeled and/or provided in compliance with all applicable federal and state laws and regulations (including materials deemed hazardous); (4) be performed within the rules and regulations of the Occupational Safety and Health Act of 1970 (as amended); (5) be produced or transferred or disposed of as required by federal and state laws and regulation under the conditions of the Toxic Substances Control Act; the Hazardous Materials Control and Hazardous Waste Regulations; and other toxic laws and programs. Seller further expressly agrees to protect, indemnify, and hold harmless City, its employees and agents for any loss, damage, fine, liability, fee (including reasonable charges and fees) or expense arising in connection with or resulting from Seller's failure to furnish materials or supplies or perform services that conform with any warranty contained herein. (6) have good marketable title. GOVERNING LAW: This P.O. shall be governed by the laws of the State of California. INDEPENDENT CONTRACTOR, INSURANCE: Seller certifies, by acceptance, that he/she is an independent contractor. Seller shall protect, defend, and indemnify and hold City harmless against all damages, liability, claims, losses and expenses (including attorney's fees) arising out of , or resulting in any way from Seller's negligence in providing the goods or services purchased hereunder or from any act or omission of Seller, its agents, employees, or subcontractors, Seller shall maintain such public liability insurance, including contractual liability, automobile and general public liability, (including non-owned automobile liability) Worker's Compensation, and employer's liability insurance as well adequately protect City against such damage, liabilities, claims, losses, and expenses (including attorney's fees). Seller agrees to submit certificates of insurance, evidencing its insurance coverage when requested by City. EQUAL OPPORTUNITY CLAUSE: By acceptance of this P.O., Seller certifies it is in compliance with the Equal Opportunity Clause required by Executive Order 11246, as amended, and the Palo Alto Municipal Code, as amended, including Affirmative Action Compliance Programs for Veterans; Handicapped; and Minority Business, and other equal opportunity programs. FORCE MAJEURE: City may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such materials, supplies, services and or installations at the direction of City and shall deliver them when the cause affecting the delay has been removed. City shall be responsible only for Seller's direct additional costs in holding the goods or delaying performance of this P.O. and City's request. Seller shall also be excused if delivery is delayed by unforeseen events beyond its reasonable control, provided Seller notifies City as soon as they occur. City may cancel this P.O. if such delay exceeds thirty (30) days from the original delivery date. Seller shall use its best efforts to grant preference to this P.O. over those of other customers, which were placed after this P.O. AUTHORITY OF AGENT OR FACTOR: Seller represents that, whenever it executes this P.O. on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or factor relationship to City. Seller shall be deemed to have the legal authority to enter into this P.O. with City on behalf of the third party. INTERPRETATION OF CONTRACT DOCUMENTS: In the event of a conflict between the terms of this P.O. and the attached specification with respect to any obligation of Seller, the provision which impose the greater obligations upon Seller shall prevail. CITY OF PALO ALTO GDS Rev. 06/22/2016 TERMS AND CONDITIONS OF PURCHASE PAGE 2 OF 3 ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS: Seller agrees to comply with the City's Environmentally Preferred Purchasing Requirements. (1) Hazardous Waste: Seller shall take-back all spent or otherwise discarded hazardous products sold to the City by the Seller if the spent or discarded products are classified as hazardous or universal wastes by State or Federal regulations. Seller shall provide convenient collection and recycling services (or disposal services if recycling technology is unavailable) for all universal wastes, which originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to City staff upon request. Recycling and reuse of hazardous wastes must occur within the United States. Universal waste lists and information are available www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm. Additional information can be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650) 496-6980. (2) Zero Waste and Pollution Prevention: Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste by 2021. The City must also meet Municipal Regional Stormwater Permit requirements requiring no visible impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or contractor must individually or collaboratively comply with the waste reduction, reuse and recycling requirements of the City's Zero Waste and Pollution Prevention Programs. Seller acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these requirements, the City will suffer, as a result of Seller's failure, substantial damages which are both extremely difficult and impracticable to ascertain. Therefore, the Seller agrees that in addition to all other damages to which the City may be entitled, in the event Seller fails to comply with the below requirements Seller shall pay City as liquidated damages the amounts specified below. The liquidated damage amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer as a result of such non-compliance. Sellers shall adhere to the standard that all printed materials provided to the City that are generated from a personal computer and printer including, proposals, quotes, invoices, reports, and public education materials shall be double-sided, printed on a minimum of 30% post-consumer content paper or greater unless otherwise approved by the City's Environmental Services Division (650) 329-2117. Materials printed by a professional printing company shall be a minimum of 30% post-consumer material or greater and printed with vegetable based inks. Liquidated damages of $30 per document will be assessed by City for failure to adhere to this requirement. All paper packaging must be Forest Stewardship Council (FSC) Certified. All primary, secondary and shipping (tertiary) packaging be minimized to the maximum extent feasible while protecting the product being shipped. All primary, secondary and shipping packaging shall be recyclable in the City's recycling program. A complete list of items accepted for recycling are found at www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the combined product and shipping cost is $235 or less will be assessed by City for failure to adhere to this requirement. Expanded foam plastics (e.g., foam or cushion blocks, trays, packing 'peanuts'), such as but not limited to polystyrene (aka Styrofoam[tm]), polypropylene, or polyurethane shall not be used as primary, secondary or tertiary/shipping packaging with the following exceptions: o Primary packaging made from these materials may be used if the vendor, manufacturer, contractor individually or collaboratively does one of the following: (a) takes the material back at the City's convenience and at no cost to the City, or (b) pays the City of Palo Alto's disposal costs via payment of liquidated damages of $235, or a minimum of $50 if the combined product and shipping cost is $235 or less. o Bioplastics that meet ASTM D6400 standards for compostability may be accepted with approval from the City's Environmental Services Division subject to local municipal compost facility requirements. o If approved by the City's Environmental Services Division, a packaging requirement may be waived if no other viable packaging alternative exists. Reusable/returnable pallets shall be used and taken back by the Seller, at no additional cost to the City. Seller shall provide documentation upon request ensuring reuse of pallets and/or recycling of broken pallets. Liquidated damages of $262 or a minimum of $50 if the combined product and shipping cost is $262 or less will be assessed by City for failure to adhere to this requirement. (3) Energy and Water Efficiency: Seller shall provide products with an ENERGY STAR, Water Sense or State of California standard rating, whichever is more efficient, when ratings exist for those products. A life cycle cost analysis shall be provided to the City upon request and shall at minimum include: first cost, operating costs, maintenance costs, and disposal costs. Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and Utilities programs: Hazardous Waste Program (Public Works) (650) 496-6980 Zero Waste Program (Public Works) (650) 496-5910 Watershed Protection (650) 329-2117 Energy Efficiency (650) 496-2244 (4) Liquidated Damages: Seller agrees that failure to comply with the City's Environmentally Preferred Purchasing Requirements will result in Liquidated Damages, according to the table marked Liquidated Damages on page 3 of this P.O. Event of Non-Performance Recycled Paper Use Failure to use 30% recycled content paper Recyclable Packaging Materials Failure of Seller to use secondary and shipping packaging that is recyclable in the City's recycling program. Expanded Foam Plastics Unapproved use of expanded foam plastics for secondary or shipping packaging Pallet Use Failure of Seller to take-back and reuse pallets, recycling only broken pallets, at no additional cost to the City. Acceptable Performance Level (Allowed events per Fiscal Year) 1 1 0 1 Liquidated Damage Amount $30 per each document $235 or a minimum of $50 if the combined product and shipping cost is $250 or less will be incurred if this is not adhered to. $235 or a minimum of $50 if the combined product and shipping cost is $235 or less $262 or a minimum of $50 if the combined product and shipping cost is $2 or less CITY OF PALO ALTO GDS Rev. 06/22/2016 TERMS AND CONDITIONS OF PURCHASE NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES: The following table lists the events that constitute breaches of the Agreement's standard of performance warranting the imposition of liquidated damages; the acceptable performance level, and the amount of liquidated damages for failure to meet the contractually required standards of performance. PAGE 3 OF 3