HomeMy WebLinkAbout182515 AMERICAN PUBLIC TRANSPORTATION ASSN - PURCHASE ORDER - 9114374Fort Collins
Date: 07/28/2011
PURCHASE ORDER
Vendor: 182515
AMERICAN PUBLIC TRANSPORTATION ASSN
1666 K STREET NW SUITE 1100
WASHINGTON District of Columbia 20006
PO Number Page
9114374 1of7
This number must appear
on all invoices, packing
slips and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS Colorado
Delivery Date: 07/27/2011 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2011 APTA Membership Dues 1 LOT LS
Per Invoice# 182881
American Public Transportation Association (APTA)
Based on 2011-2012 Dues Schedule.
EPLS search completed.
13,850.00
Vendor selected and membership renewed since APTA is the leading advocacy force in advancing public
transportation.
Other: The following Federal Transit Administration (FTA) Contract Clauses apply, details attached:
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
3. ACCESS TO RECORDS AND REPORTS
4. FEDERAL CHANGES
5. TERMINATION
6. CIVIL RIGHTS REQUIREMENTS
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
10. ENERGY CONSERVATION REQUIREMENTS
Federally Required Federal Transit Administration (FTA) Contract Clauses for Purchases where only a
Purchase Order is used as the contracting mechanism.
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that notwithstanding any concurrence by the Federal
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
=AMA=
AWRICAN
`\
PUBLIC
TRANSPORTATION
ASSOCIATION
Attn: Marlys Sittner
Tran sfort/ D ial-A-Ride
City of Fort Collins
6570 Portner Road
Fort Collins, CO 80526
UNITED STATES
1666 K Street, N.W., Suite 1100
Washington, DC 20006
Phone (202) 496-4800
Fax (202) 496-4327
Membership Dues From
7/1/2011 - 6/30/2012
Category
Regular US Transit Systems (01a)
Dues Basis
Annual Operating Expenses - $8,014,734
Current Dues
Based on 2011-2012 Dues Schedule.
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Account #
Cardholder name:
INVOICE
No.
Date
Ref.
Amount Due:
182881
6/1/2011
773
$13,850.00
$0.00
($o.00)
$1
Itions for federal income tax purpose. Payments for dues
ary business expense. In accordance with federal law,
deductible.
❑ MasterCard ❑ Discover
Exp. Date
Signature
Make check payable and return to: American Public Transportation Association. Return a copy of this invoice with
remittance. If you have already paid, please disregard this invoice.
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State: DISTRICT OF COLUMBIA
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https://www.epls.gov/epls/search.do-,j sessionid=786EFF2B 70FF82993 CE66734B95 D20F6... 7/27/2011
Title: APTA Membership Dues
Date: July 27, 2011
CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE)
Checklist Item
Contract File
Comments
Location
7) Independent Cost Estimate
The City made and documented an
See attached I.C.E. dated 6/30/11
independent cost estimate before receipt of
proposals.
10) Unnecessary Experience and
Excessive Bonding
Unnecessary experience and excessive
No
bonding requirements were not included in
this solicitation or contract documents.
11) Organizational Conflict of
Interest (OCI)
If there is an apparent or potential OCI the
solicitation contains provisions to eliminate or
mitigate the conflict (e.g. by inserting a clause
No
that prohibits the contractor from competing
for the follow-on contract to the current design
or research contact) and OCI Certification is
submitted by the contractor.
12) Arbitrary Action
There was no arbitrary action in the
procurement process. (An example of
arbitrary action is when award is made to
No
other than the contractor who most satisfied
all the City requirements as specified in the
solicitation and as evaluated by staff.
13) Brand Name Restrictions
Brand Name or Equal. When it is impractical
or uneconomical to provide a clear and
accurate description of the technical
requirements of the property to be acquired, a
"brand name or equal" description may be
used to define the performance or other
salient characteristics of a specific type of
property. The City must identify the salient
characteristics of the named brand that
No
offerors must provide. When using a "brand
name" specification, the City does not need to
reverse -engineer a complicated part to
identify precise measurements or
specifications in order to describe its salient
characteristics. FT A's "Best Practices
Procurement Manual," (BPPM) contains
additional information on preparation of
specifications including examples with
specific language.
14) Geographic Preferences
The solicitation contains no in -State or local
No
geographic preference except where Federal
statutes mandate or encourage them.
15) Contract Term Limitation
The contract period of performance for rolling
stock and replacement parts does not exceed
five (5) years inclusive of options without prior
No
written FTA approval. For all other types of
contracts, the procurement file contains
evidence that the contract term is based on
sound business jud ment,
18) Award to Responsible
Contractor
The City made a determination that it was
awarding to a responsible contractor
considering such matters as contractor
integrity, compliance with public policy, record
of past performance, and financial and
1. Y
technical resources.
2. Y
1. Appropriate Financial, equipment, facility
3. Y
and personnel. (Y/N)
4. Y
2. Ability to meet delivery schedule. (Y/N)
5. Y
3. Satisfactory period of performance. (Y/N)
4. Satisfactory record of integrity, not on
declined or suspended listings. (Y/N)
5. Receipt of all necessary data from
vendor. (Y/N)
19) Sound and Complete Agreement
This contract is a sound and complete
agreement. In addition, it includes remedies
P.O. # 9114374 Issued.
for breach of contract and provisions covering
termination for cause and convenience.
24) Clear, Accurate, and Complete
Specification
A complete, adequate, and realistic
specification or purchased description was
Yes
available and included any specifications and
pertinent attachments which define the items
or services sought in order for the bidder to
properly respond.
38) Sole Source if other Award is
Infeasible
The contract file contains documentation that
award of a contract was infeasible under
small purchase procedures, sealed bids, or
competitive proposals and at least one
of the following circumstances applies:
(1) The item was available only from a single
1. Public transportation national
source. (Verify prices are no higher than price
advocacy organization
for such item by likely customers.)
(2) Public exigency for the requirement did
membership.
not permit a delay resulting from a
competitive solicitation.
See Memorandum dated 6/30/11.
(3) An emergency for the requirement did not
permit a delay resulting from a competitive
solicitation.
(4) The FT A authorized noncompetitive
negotiations.
(5) Competition was determined inadequate
after solicitation of a number of sources.
6 The item procured was an associated
capital maintenance item (as defined in
49U.S.C., Paragraph 5307 (a) ( 1) that is
procured directly from the original
manufactured or supplier of the item to be
replaced and the grantee first certified in
writing to the FT A: (i) that such manufacturer
for supplier is the only source for such item;
and (ii) that the price of such item is no higher
than the price paid for such item by like
customers.
39) Cost Analysis Required
Cost analysis and profit negations were
performed (initial award and modifications)
And documented for price reasonableness
Yes.
was established on the basis of a catalog or
See Memorandum dated 6/30/11.
market price of a commercial product sold in
substantial quantities to the general public or
on the basis of prices set by law or regulation.
40) Evaluation of Options
The option quantities or periods contained in
the contractor's bid or offer were evaluated in
order to determine contract award. (To be
N/A
eligible for Federal funding, options must be
evaluated as part of the price evaluation of
offers, or must be treated as sole source
awards.
42) Written Record of Procurement
History
The file contains records detailing the history
of this procurement. At a minimum, these
records include:
(1) the rationale for the method of
Yes.
procurement,
(2) Selection of contract type,
(3) reasons for contractor selection or
rejection, and
4 the basis for the contract price.
43) Exercise of Options
The grantee exercised an option on this
contract adhering to the terms and conditions
of the option stated in the contract and
,
determined that the option price was better
N/A
than prices available in the market or that the
option was a more advantageous offer at the
time the option was exercised.
If an option was not exercised under this
contract, check NA.
44) Out of Scope Changes
The grantee amended this contract outside
the scope of the original contract. The
amendment was treated as a sole source
N/A
procurement (complying with the FTA
requirements for a justification, cost analysis
and profit negotiation).
45) Advance Payment Provisions
The contractor did not receive an advance
Annual membership typically paid
A
payment utilizing FTA funds and the contract
in advance.
does not contain advance payment provisions
or, if it did, prior written concurrence was
obtained from FTA.
46) Progress Payment Provisions
The contract contains progress payments
based on costs incurred (as opposed to
percent of completion) and the contract
contains a provision giving the grantee title to
NO.
property (materials, work in progress, and
finished goods) for which progress payments
are made. The contract may contain other
security in lieu of obtaining title.
47) Time and Materials Contracts
This is a time and materials contract; the
grantee determined that no other type of
NO.
' contract is suitable; and the contract specifies
a ceiling rice.
48) Cost Plus Percentage of Cost
This is not a cost plus a percentage of cost
NO.
type contract.
49) Liquidated Damages Provisions
This contract contains liquidated damages
provisions and the assessment for damages
No.
is specified in the contract at a specific rate
per day for each day of overrun in contract
time.
50) Piggybacking
1) The file contains: Assignability provisions.
No.
2) The procurement file contains: Price
reasonableness determination.
56) Clauses
This contract contains the appropriate FTA
Yes.
required clauses.
Excluded Parties Search
EPS run and include in the file.
Yes, run 07/27/11.
Fort Collins
PURCHASE ORDER
PO Number Page
9114374 2of7
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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 FTA. It is further agreed that the clause shall not be modified, except to identify
the subcontractor who will be subject to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority
of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49
U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify
the subcontractor who will be subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA
Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any books, documents, papers
and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the
FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is
receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
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 Il, 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
C117/ Of14374 3 of 7
`t Collins( v This number must appear
` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a
period of not less than three years after the date of termination or expiration of this contract, except in the event
of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees
to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
Reference 49 CFR 18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Master Agreement between
Purchaser and FTA, 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.
5. TERMINATION
a. Termination for Convenience (General Provision) The City may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's
best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work
performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to
be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor
will account for the same, and dispose of it in the manner the City directs.
b. Termination for Default [Breach or Cause] (General Provision) 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 (General Provision) The City in its sole discretion may, in the case of a termination for
breach or default, allow the Contractor [an appropriately short period of time] 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
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
C117/ Of 9114374 a of 7
`t Collins
his number must appear
` ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the
services within the time specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the City may terminate this contract for default. The City shall terminate by
delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only
be paid the contract price for supplies delivered and accepted, or services performed in accordance with the
manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,
the rights and obligations of the parties shall be the same as if the termination had been issued for the
convenience of the City.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor
agrees that it will not discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) 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
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
C117/ of PURCHASE
9114374 5 of 7
,Flirt COI` lies This number must appear
�—J`-' ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
comply with any implementing requirements FTA 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 FTA 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 FTA may issue
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part
with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The
national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal
for DBE participation is 7.6 %. A separate contract goal [has not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy as City
of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the
assurance in this paragraph ( see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means
throughout the period of performance.
c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the
City of Fort Collins . In addition, is required to return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor' s work by the City of Fort Collins and contractor' s receipt
of the partial retainage payment related to the subcontractor s work.
d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work
related to this contract is terminated or fails to
complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least
the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work
through its own forces or those of an affiliate without prior written consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain
Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract
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
C117/ Of///���►►►OI Collins
ns 9114374 6 of 7
`t ( v This number must appear]
` " on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor
shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which
would cause (name of grantee) to be in violation of the FTA terms and conditions.
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment -This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or
affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply
with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows
The certification in this clause is a material representation of fact relied upon by (insert agency name). If it is later
determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies
available to {insert agency name), the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this
offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
10. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to 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.
C3. Oily-u4 �
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 $13,850.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rchase Order Tcrms and Conditions Page 7of7
I. COMMERCIAL DETAILS. 11. NONWAIVER. Tax exemptions. By down, the City of Fad Collins is exempt fmm state add local taxes. Our Exemption Number is 11, N of the PER. to insist u ttin f f the tens. end conditions M1mco( failure or Bela Ir
98-01502. Federal Excise Tax Exemption Certificate of Registry gq-0t30587 is registered with the Collector of upon s performance b y
macmal Revenue. Denver. Colorado (Rat Colorado Revised Statutes 1993, Chapter 39-26,114 (a). exercise any rights or mmcdia provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for groves remember or approval of the design, shall not release the Seller of
Goods Rejected GOODS REJECTED due to failure to meat specifications, either when shipped we due to defvis of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of way right of the
damage in pound, may be returned to you for audit and are nut to M replaced except upon receipt of wrineo Parboil on insist upon strict performance hereof or any of its rights or maladies as to any such goods, regardless
instructions from the City of Felt Collins. of when shipped, received o as rr
snipped. to any poor subsequentre default hereunder, nor shall any purportd e
oraapurchase l modification or of this order by the Purchaser agenda en a waiver of any of the terms
Inspection. GOODS are subject to the City of Fors Collins inspection on arrival. hnrof
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result m 12. ASSIGNMENT OF ANTITRUST CLAIMS.
autboriaed payment on the pan of the City of Fon Collins. (full it is to be understand that FINAL Seller end the Purchaser ¢cognize that in actual economic practice, overcharges resulting floor ..films,
ACCEPTANCE u depending upon completion wall applicable required inspection procedures. violations are in fad home by the Noblest Tlandomm, for good cause and as consideration for executing this
positions, order, the Seller hereby assiprs or the Purchaser arty ad all claim. it may now hive or hneafico
Freight Tema. Shipments must be F.OB.. City of Fad Collins, B(I Wood St., Fort Collins, CO 80522, unless bolstered under federal or site amithest laws for such overcharges relating to the laniddar good or services
otherwise specified on this We,. if permission is given I. prepy freight aM charge sepmatdy, me original freight purcbawd or sequbM by the Purchaser pursuant this purchase offer.
bill must accompany invoice. Additional charges for pecking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Wfnd munufacmren have d'ulriffd.,poi.. in various parts of the country, shipment is If the Purchaser directs the Seller to cornet nonconforming or defmive good by a date to be agreed upon by the
expected fmm the mount distribution point to datimtlon, and excess freight will be deducted fmm Invoice when Pumhasa add the Seller, will fee Seller thereafter indicates its inability or unwillingness to comply, the Pumhmer
shipments arc made mom greater d'utane. may drone the work to Ed performed by the no expeditious mina available I. it, and the Seller shall pay all
costs associated with such work. -
Permits. Seller shall procure at when will cost all necessary Edwin, cenifieata and licenses required by all
applicable laws, regulations, wilimnees and in of the state, municipality, territory or Political subdivision where The Seller shall release the Pumhawr add its contractors of any tier from all liability and claims of any nature
the work is pd?omM, or required by any other duly comtimad public authority having jurisdiction over the work moduag from the puldral nec of such we&.
of vendor. Seller further agrees to hold the City of Fan Collins noted.. floor bad again, all liability and loss
incurred by them by rtason of an asserted or established violation of any such laws, regulations, mrdimnces, rules This relemc shall apply even in the event of fault of negligence of the party released and shall extend to the
and ou,nowairds. directors, offices and employees blanch party.
AmM1oriantion. All parties to this contact agree that the representatives are. in fact, bona tide and possess full and
complete authority to bind said porous.
LIMITATION OF TERMS. This Purchase Order expressly limol, acceptance to the terms and conditions sated
herein act forth and any supplementary or additional toms unit conditions annexed hereto or incorporated herein by
reference. Any additional or dillired mats and conditions proposed by seller are objected to and hereby rebounded.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGEN Iimmediately if you cannot make complete shipment to arrive on your
pmmiled delivery date as noted Time Is of the ramie. Delivery and performance must be affected within the time
stated on the purchase older and the doemoduts attached hereto. No acts of the Purchasers including, without
],monsoon, acceptance of partial lam deliveries, shall operate us a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this older charchd,
and holding the Seller liable for damages. However, the Seller shall or be liable for damages as a result of delays
due to causes not occasionally foreseeable which are beyond in reasonable control and without is fault of negligence.
such acts carded, acts ofctvil or military authorities, gu cermental prionfics, fires, strikes, flood, cpwandes, wars or
riots provided that notice of the conditions causing such delay is given to the Purchase, within five (5) days of the
time when the Seller first occccived knowledge thereof, In the event clans such delay, the date of delivery shall he
extended for the Period equal to the little actually lost by reason of the delay.
].WARRANTY.
The Scllcr vorrands that all good, wo,les. materials and work unwind by this order will conform with applicable
drawings, specifications, samples nnder other descriptions given, will be lit fat the purposes in,bMN and
performed with the highest degree of cam and announced in acemdance with accepted standard Ins work of a
similar rat e, The Seller agrees to hold the purchaser handless fmm any loss, damage or cxpdwe which the
Purchawr may suffer or imus on account of the Sellers breach of wamnty. The Seller shall replace, repair or make
good, without cost the purchaser, any defects or faults musing within one (I) ymr or within such longet p crow of
time Ali may W prescribed by law or by the lams of any applicable warmnry provided by the Scllcr and the date of
acceptance of the good fumishcd hrcunder (acceptance not to be unreasonably dcdayed), resulting from imperfect
or defmive work done or materials Burnished by the Scllcr. Aeceptance, or use of good by the Purchaser shall not
constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase older, the Seller,
liability hereunder shall extend to all damcii pmxim®cdy caused by the breach of any of the foregoing wart®ia
or guamntoes, but such liability shall in no avant include loss of profits or loss of uw. NO IMPLIED WARRANTY
OR MERCHAN'rAHILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
d. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal toms by wrten change creel.
5. CHANGES IN COMMERCIAL TERMS.
The Pumhawr may make any changes to the coma, other than legal forms, including additions to or deletions from
the gwntities originally orecred in the s ibu ficalrom or drawings, by verbal or arnica change order. If any such
change afford the amount due or the time of prfummnce hvcuMd. n equiable adjustment shall M made.
6. TERMINATIONS.
The Purchaser may at any time by about, change oMer, terminate this agreement m to any or all portions of the
,rods then not shipped, echoed to any ...liable "Remain between the po,ies is to any work or materials then in
Progress provided that the Purchascr shall not be liable for any claims for anticipated proe; on the uncompleted
,onion of file goods enNor work, fur incidental or swrequcnmial damages, and that no such adjaanew be made in
favor of the Seller with respect to any goods which arc the Sullen standard stock, No such luminatin shall relieve
the Purchaser or the Seller of any of their obligation as I. any good delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim let whinnew must he assumed within he, (30) days firm the date the change or tcminarion is
mldered.
S. COMPLIANCE WITH I LAW.
The Sella wamnts that all good sold hdavndd shill have been produced, sold, dichmo d and fumishcd in sent
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be rcquimd to dect or evidence compliance. All laws and re,udatmen reyuicd to be
incorporated in f this charades arc hereby incaTomted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hatndas Wm all coots and damages suGhred by the Purchaser as a mail] of the
Sellers failure to comply with such law'.
9. ASSIGNMENT.
Neither parry shell assign, transfer, or convey this made. or any monies due or to become due hereunder without be
poor written consent affl eothe, pang.
In. TITLE.
The Seller warrants full, clear and unrestricted title to be Pumhasef for all equipment, materials, and items famished
in performance of this Agreement. free and clear of any and all Item, reshictions, reservations, security interest
encumbrances and claims of others.
The Seller's contractual obligations, including wamnty, shall not be deemed to be rcducM, in any way, hems
such work is performed be combustion be performed by the Puchaah.
10. PATENTS.
Whenever the Seller is required to me any design, device, material or process covered by lencs patent, tmdemak
in copyright, the Seller shall indemnify and to hamdeas the Purchaser from any and all claims for infringement
by mason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchase, for any cast, ca,ema or damage which it may be obliged to pay by reason of such
infringement at any time during the prusecutiun or utter the completion of the work. In case laid equipmenl, or
any pan thereof or the intended use of the goods, is in such suit held to constitutes infringement and the use of
said equipment or pan is cnjoincd, the Seller shall, at its own expense and at Its option, either pound, for the
P.mhascr the right to continue using .aid cyai,nent or pans, replace the same with substantially equal but
nownfringing equipment, or modify it tea it becomes mnindinging.
15. INSOLVENCY.
If the Seller shall beeume insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
beciser
or trustee for any of the Sellers p.,dy or business, this oMer may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The doinitiom inflaters used or the interpretation of thc agreement and the rights of all parties hereunder shall be
enhanced under Add govcmcd by Nc laws of the State of Colomdo, USA.
The following Additional Conditions apply only in diews where the Scllcr is to Perform work hareundm,
including the services of Sellen Repmeenmtive(s), on the Premises climbed.
17. SELLERS RESPONSIBILITY.
The Sulfur shall cart, on said work at Sellers own risk until the some is fully completed and ode ded, end shall,
in use of any accident, destmatow or injury to the work arM/or materials human, Sences Gall completion and
acceptance, complete the work at sences own expired and to the satisfaction of the Pumhmer. When materials
and equipment are fumuhnd by others for installation or section by the Sella, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
care hem, furnished by the Seller oMer the ouch.
19. INSURANCE
The Seller stall, at his own capable, possible for the payment of worked compensation, including occupatioml
disease benefits, to its employees employed on or in connection with the work covmal by this p rdl ash offer
ardor to glair deyndents in accordance with the laws of the state in which the work is to be done. The Seller
shall also cony comprehensive genets liability including, but nut limited to, convwmal and automobile public
liability insurance with bodily injury and death limits of at least S3K000 fat any one person. S50R" for any
one accident and pmprry damage limit per accident of SgtR)Op0. The Seller shall likewise require his
conducted, if any, to provide for such compensation and insurance Before any of the Sellers or his cootnctbrs
employees shall do any w'or upon the premises of utben, the Seller shall famish the Pumhaao with a cetificac
that such compensation and insurance have bon provided. Such cenificatea shall specify the date when such
compensation and imumnr have been provided. Such eenificales shall specify the date when such compensation
and wandardince expires. The Seller but that such comparmhon add insurance shall M maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby dssunmes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoeveno pets'ons or propony caused by or resulting new the execution of the we& provided fat in
this fordable uner or in connection herewith. The Seller will indemnify and hold harmless the Purchaser add any
r all of the Puahascrs o0icen, agents and employees form ..it against any and all claims, Ids, damages,
charges or expenseons s, waether direct or indirect, and whether to persor property to which the Purchaser may
be put or subject by re of any act, action,, neglect, a or default on the pan of the Seller, any of his
, comments or any of the ac
Sellers or contractors ufeeq aagents or employees. In case any suit or other
pocceedinga shall be brought against the Purchaser, or its self ieers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his commends or any of its or
their often agents or employees 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 toss, charges, ahomeys fees add other expenses,
any and all judgm.ns that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other pmnedings, and in raze judgment or other lien be placed upon or
obtained against the Print of the Purchaser, or said panics in or as a result i f such suits or other procechop,
the Seller will at once came the same to be dissolved and discharged by giving blind or otherwise. The Seller and
his contractors shall take all sandy precautions, fumish and install all guards necessary for the prevention of
accidents, comply with all laws and regulalions with regard In safety including, but without limitation, the
Occupational Safety and Health Ad of 1970 and all tales and regulaliom issued pursuant thereto.
Revised GV2010
Cry of
� ort Collins
N*.�
Dale of Estimate: 6/30/2011
Contract Type:
Existing Contract or PO (Y/N): N
Independent Cost Estimate:
Description of Goods (A) or Services (B): American Public Transportation Association - 2011/2012 membership dues
I have obtained the following estimate from;
Published Price List/ Past Pricing (date) 6/l/2010 (2010/2011 membership dues)
Engineering or Techincal Estimate (performed by)
Independent Third Party Estimate (performed by)
Omer (specifiy)
Cost Estimate Details:
(Estimate calculated in US Dollars)
Cost of Standard Items
Product
Cosl($/ea)
Cost( 'ea)
NoteslDma Soume
Delivered
No Fdeght
2011 012 Membership Dues - based on Transfort 2010 annual opeaung
ex nses.
$13.850.00
Total1
$13,850.00
B Estimate is based on increase in Tansfort's annual operating expenses (2010) which is the basis for the annual dues calculation.
City of
F Collins
Memorandum
DATE: June 30, 2011
TO: David Carey
FROM: Karl Gannon
SUBJECT: APTA Membership Dues (2011/2012)
Transfort I Dial -A -Ride
6570 Portner Road
Fort Collins, CO 80522
970.221.6620
970.221.6285 - fax
(cgov.com
I find the 2011/2012 American Public Transportation Association dues of $13,950 to be fair and
reasonable based on the following: Membership dues for the same period in the Colorado
Association of Transit Agencies (CASTA) member organization is $10,101 - CASTA is a
statewide transit member organization with basically the same goals as APTA but with less
exposure nationwide. Secondly, being a member of APTA, ensures that Transfort is availing of
all opportunities to help secure maximum funding for its capital programs.
Transfort has been a member of APTA for a number of years and we have found the benefits of
membership (access to industry research, grant assistance, industry news, advocacy efforts, and
general advice) to be critical to our efforts in the provision of transit service.
Please let me know if you have any questions that I can answer.
Thanks,
Karl
Karl Gannon
City of Fort Collins
Transfort / Dial A Ride
(970)416-2087