HomeMy WebLinkAbout187501 POUDRE FIRE AUTHORITY - PURCHASE ORDER - 9114888�
City OfCollins
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PURCHASE ORDER PO Number Page
9114888 ' of 7
This number must appear
I
on all invoices, packing
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slips and labels.
Date: 08/23/2011
Vendor: 187501
Ship To: TRANSFORT BUS FACILITY
POUDRE.FIRE AUTHORITY
CITY OF FORT COLLINS
102 REMINGTON ST
6570 FORTNER ROAD
FORT COLLINS Colorado 80524
CITY OF FORT COLLINS Colorado
Delivery Date: 08/19/2011 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 NCRCN Access Charges-2011
1 LOT LS
Northern Colorado Regional Communications Network (NCRCN)
$50.00 per unit access charge.
Unit Total: Eighty -One (81)
EPLS search completed.
4,050.00
Vendor selected since Poudre Fire Authority (PFA) is the collection agency for NCRCN participating public
agencies.
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)
Federally Required 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
Government in or approval of the solicitation or award of the underlying contract absent the express written
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
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 8/18/11.
market price of a commercial product sold in
substantial quantifies to the general public or
on the basis of prices set by law or re ulation.
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
H istory
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 access fees typically paid
payment utilizing FTA funds and the contract
in advance.
does not contain advance payment provisions
or, if it did, priorwritten 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
Yes, run OS/22/11.
EPS run and include in the file.
FOfj., rt�s
Date of Estimate: 8/1/2011
Contract Type:
Existing Contract or PO (V/N): N
Independent Cost Estimate
Description of Goods (A) or Services (8): Northern Colorado Regional Communication Network (NCRCN) Access Charges
I have obtained the following estimate from;
Published Price List Past Pricing (date) 4/30/2010
Engineering or Techincal Estimate (performed by)
Independent Third Party Estimate (performed by)
Other (specify)
Cost Estimate Details:
(Estimate calculated in US Dollars)
Cost of Standard Items
Product
Cry
Per Radio
TOTAL
Notes/Data Source
2009 NCRCN
Access Costs
80
$ 50.00
$ 4,000.00
2010 NCRCN
Access Costs
81
$ 50.00
$ 4,050.00
Average Cost per Radio
1 $ 50.00
8 Estimates are based on past pricing.
C Note: Actual costs may vary per year depending on number of radios accessing the NCRCN
F�rt of
Memorandum
DATE: August 18, 2011
TO: David Carey
FROM: Karl Gannon
Transfort I Dial -A -Ride
6570 Portner Road
Fort Collins, CO 80522
970.221.6620
970.221.6285 - fax
fc9ov.com
SUBJECT: Northern Colorado Regional Communications Network (NCRCN) - 2011
Access Charges
The NCRCN is a conglomerate of public agencies that utilize Statewide Digital Trunked Radio
System Network (DTRS). Transfort, as a member agency, is responsible for its share of the
maintenance of this network (radio towers etc) and pays a per -unit access charge to the local
collection agency - currently, the Poudre Fire Authority.
The cost per unit has not increased in over three years and we find that the $50 per -unit charge is
reasonable and the collection agency - PFA - to be a responsible and reliable organization.
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
EPLS Search Results
Page 1 of 1
[El1 US' Fx;r�liud arw6es;Listi.S � m
Search Results Excluded By
Firm, Entity, or Vessel : Poudre Fire Authority
State: COLORADO
as of 22-Aug-2011 6:05 PM EDT
Your search returned no results.
https://www.epls.govleplslsearch.do-,j sessionid=FD58EA9AA472AAOA640287780BD9C... 8/22/2011
PO
PURCHASE ORDER 911488er Page
City. Of 9114888 2 of 7
Flirt Collins
I ns This number must appear
/ I!"_`\,J`, ` " on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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 Contractors 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.
C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a
V
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
CI�/ Of///���OI Collins
ns 9114888 3 of 7
`t / v This number must appear
` " on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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
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.
City of Fort Collins Pirector 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
Fort Collins
PURCHASE ORDER
PO Number Page
9114888 4 of 7
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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 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.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9114888 5of7
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(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
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)
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 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 9114888 s °f 7
' `t Collinshis number must appear
" 1 1�7 on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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. oi'l�:.sQs�
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com
Total
Invoice Address:
$4,050.00
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.
Tax exemptions. By statute the City of Fun Collins is exempt from state and locul taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cen fiem, of Registry 84-WW587 is registered with the Collector of Dome of the Purchaser to insist upon stria pdr omnanec of the terms and conditions hereof, failure er delay m
Internal Revcnuc, Denver, Colorado (Rol. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any now or remedies provided herein or by law, failure in promptly notify the Seller in the event of a
breach. the acceptance .for pa,amen, for goods hereunder or approval ofthe design, shall not release the Seller of
Gods Rejected. GOODS REJECT ED due to failure 1. men specifications, either when shipped or due to defects of any of the wvrrantia or obligations of this purchase ode, end shall not be devoted a waiver of any n,ht of th,
damage in hand , may be removed to you for credit and an not to be replaced except open accipl of wrinen purcbescr to insist upon stria perfonnmwc horoofor any of its ngh¢ or medics as to any such grads, reg.w ev
instmmion fmm the City of Fan Callins. of whom shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purpond
Orel nsdifimtion or rescission of this purchase order by the Purchaser operate as a waiver of any of the arms
Inpaion. GOODS are subject o the City of Fort Collins inspection on arrival, hercol:
Final Acecpu ere. Rade,n of the mercbondixe, services or equipment in response to this ader can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS.
thor auizedament Pyon the an pof the City of Fort Collins Ifvorn, it in on be underyuod theiFINAL Seller ad the Purchaser recognize that in actual ec door practice, overcharges resulting fmantitrust
ACCEPTANCE is depcndow uponcompletionofallapplicabce,quiml insmdlay pdetionpcums, violations me in home by the Purthace Theretofore, for good cause and as cauddeation for executing this
purchase oiler, the Seller hereby assigns or the Purchaur any and all claims it may now have or hereafter
Freight Terms. Shipments must be ROD. City of fan Collins. 700 Wood St. Four Collins, CO 80522, unless acquired under federal or sure anrirmst laws for such overcharges relating to the particular goods or services
othcmviu specified on this over. lfpemrission is given to prepay fright and charge uparawly, the oriRand fri8hr purchased or acquired by the Purchaser pursuant to this purchase cola.
bill most aawmpany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipntern Disunion."cn manufacturers have donflaming points in various parts of the country, shipment is Ifthe Purehicandiaers the Seller to correct nommnformingor defectivegoods by a date tone agreed uporby the
expected from the most distribution now to destination, ad exam frighi will be dduned tram Invoice whom Punhaurand the Scllenand the Sdierthereafer indicates its inanity orunwillingness,.comply, the Purchaur
Anne., an made floor grown, distance. may crown the work in be performed by the most expeditions means available to it, and the Seller shall pay all
tetra a<rrcmed with mob onh.
PenNts. Seller shall procure at wHous Mile east all mandatory permits. cenifcates ad licenses required by all
applicable laws, regulations, odimenees and atlas of the stare, municipality, arntory or political subdivision whom
the work is performed, or requited by any other duly eonsilu" public authority having jurisdiction over the work
of vendor. Seller fuM agrees to held the City of Fort Collins harmlm fmm end against ell liability and loss
recurred by them by nawn of an assend or csablshcd violation of any such laws, regulations, ordinances, rules
ad requimmcres.
Amh.rvati.n. All planes to this concoct agree thal the repreunattvos an, in fact, bona lode ad possess full and
complete authudty to bird said panics.
LIMITATION OF TERMS. This Purcbaae Order expressly limits acceptance to the terror and conditions surd
harbor an ford and any s ,h,r, ;vwr,.r additional ta. end conditions edoexd heart. be inc.rpormd herein by
ref race Any additional or d0inew larns and conditions pmpoxd by seller on objecten to and herby rcjejam
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you ,adorn make complain shipment to arrive on your
promised delivery date as nwd. Time s of the asdnce. Delivery am varguarman raw be efficient within the time
email on the purchad older aid the documents attached hero. No sets of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the evcm of any delay,
the Pumhaur shall have, in addition to other legal and equitable remedlcs, the op,,.a ofp chin, this oNer olsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due no muses not reasonably foreseeable whim am beyond its reasonable control and without its fault.( negligence,
such acts of6m, acts of civil or military amMrnics, govemmenul priorities, fins, strikes, Hood, epidemics, wars or
rims provided the, notice of the conditions causing such delay is given ad the Purchaser within five (5) days of the
time when the Seller fat received knowledge thereof. In the event of any such delay, the dam of delivery shall be
extended for the formal equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seger warrants that all goats, articles materials and work covered by this oNer will conform with applicable
comings, specifications, ampler and/or other descriptions given, will be f for the purposes intended, and
paten d with the highest degree of care slid competence in accordance with accepted standards fur wok of a
similar nature, The Seller agrees to hold the Follower harmless firm any lass, damage or cxpcmc which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purcluuq any defects or faults arising within one (1) year or within such longnr period of
time on may be proscribed by law or by the arms of my applicable warranty provided by the Seller after the date of
acceptance of the guests f rmol ed hereunder (acceptance not to be unreasonably delayed), resulting from imprfen
or defective work done or materials famished by the Seller. Aceepunee or use of goods by the Purchaser shall nor
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase odcn the Sellars
liability hereunder shall extend to all damages pmximutcly emend by the breach of any of the wanton, u maniocs
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE St [ALL APPLY.
4. CHANGES IN LEGAL TE RM S.
The Purchaur may make changes to legal terms by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase, may make any changes to the terms, other than legal terms, including additions to or deletions from
the qua originally odend or the specification or drawings, by verbal a change order. If any such
change atRns the amount due or the time of Emfivanmmc henundoo an equitable adjustment shall be made.
fi. TERMINATIONS,
TM1c PronvowT may at any time by agreement change order, terminate this agrecnmas to uny or of portions of the
gwds then nor shipped, subjct to any cytocabl, adjustment baboon the panics as to any work or matendix then in
pmgrns provided Char the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted
forym. ofthe goods and/or work, fr incldenml err cond,quennaill damages, and that nsuch adjustment be Made in
face, of the Scllcr with instant,. any goods which are the Sellers standard stock. No such wroination shall relieve
the Purchaur or the Seller ofany of ihc,r obligations m to any scuds delivered hereunder.
7. CLAIMS FOR ADJUSTMENT
Any claim for adjustment must be warned within thirty (30) days from the date the dung, or termination is
odcnd.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hcrcunda shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and ngulanom to which the sends are subject The Seller shall execute and
deliver such documents as may be requited to effect or evidetce compliance. All laws and regulations required to be
caryommd is agenn ems uf,hiv character are hereby incorporated heroin by this mkone e. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaur as a nsull of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, mmfr, or convey this older, or any ninnies due or to Indiana, due hereunder without the
prior wrinen concern Milan other parry.
10 TITLE.
The Seller warrants full, clear and umerricted till, to the Purchaser for all egnipnent. mmaioN, end items famished
in performance of this agreement, free aid clear of any and all liens, re f ictio ts, reservations, sccunty interest
mcumbmnds and claims owilwo,
The Seller shall ml. the Purchaur ad its conmyors of any an floor all liability and claims of any mime
usuhing fmm the performance of such work.
This release shall apply ono in the men, of 0u, of negligence of the party nlowd ad shall extend,. the
die nars, oRcers and employe¢ ofwch party.
no Scllcrs contractual obligations, including warranty, shall not be demand to be reduced, in any way, hnaause
such work is perfarmd or named to be performed by the Purchaser.
14. PATENTS.
Whenever the Sally is "mad to use any design, device, reacnal or process covered by lean, pdi uademark
or copyright, the Scllcrs hall'mdemttify ad on bmmlm the Purchaser from any and all claims for Nfnngemem
by mason of the use of such patented design, do ion, material or process in condonation with the eonmn, now
shall indemnify the Purchaser far any cost exponse or damage which it may be obliged to pay by reason of such
infringement at any time during the proscctnion or after Be completion of the work. In over said equipment, or
any pan thereof or the intended use of the goads, is in such suit held to constitute infringement ad the use of
aid equipment or pm s enjoined the Sclicr shall, at its own expense arid at its opfiom either procure for the
Purchaser the right to continue using said equipment or parts oldster the same with substantially equal but
noninfinging equipment, or modify it so it becomes noninGinging.
IS. INSOLVENCY.
If ,he Seller shall Momc huolvem or baekmp, make an saigmnrm for the benefit of cMoors, appoim a
socciver or mmee for any of the Sellers propcay or business, this older may foMwith be canceled by one
Purchaur without liability.
16. GOVERNING LAW.
The defnitionx of terms used or the mu rpreution wChe agreemem and the rights ofall parties hernuda shall be
conxtrud unbound governed by the laws of the State ofColondo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
alluding the smrviceu of Sellers Repn armitiveGh on the prcmius wmhous.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, ad shall,
in case of any accident, destruction or injury to the work and/or materials before Selines final completion and
acceptance, complete the work at Scllcrs own expense and to the satisfaction often Purchaur. When materials
and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, undmd,
store and handle same at the site and become responsible themfor as though such materials and/or equipment
acre being famished by the Seller under the order.
I R. INSURANCE.
'[he Scllcr shall, al his own expense, provide for the payment of aytme cor,rommum, incldi...or.ps. marl
disease Benefits, to Its employees employed on or in connection with the work covered by this purchase order,
and/ur to their dependants in accordance with the laws of the state in which the work is to be done. The Seller
shall also cony cumprebensivgexual liability including, bur at limited m, eommmual end eatomobile public
liability insurance with bodily injury and death limits of at Icast S30g000 for any one person, 5500,000 for any
one accident and progeny damage, limit per accident of $400.000, The Seller shall likewise require his
contractors, if any, to provide for such conipencestion and wounw, Before any of the Sellers or his convectors
employees shall do any work open he prianinex Mothers, the Seller shall famish the Purchaser with a cenifieate
that such compensation and insurance have been provided. Such ccaifcates shall specify ,he date when Much
compensation and insurance hove been provided Such ecnifcams shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the
coon Work is completed and arenpow,
19. PRO •tE. ION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the cmim responsibility and liability for any and all damage, loss or injury ofany kind
or nature whaaaevcr to persons or praprry caused by or moulting from the a --to oven artha work providd fur in
this purchase older or in connection herewith. The Seller will indemnify and hold harmless the Purchaur and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expends, whether threat or indict and whether to persons or pre any to which the Purchaser may
be pm or subject by reason of any act, action, neglect, o or default on the part of the Seller, any of his
contractors, . any of the Sellers o contractors officersagentsor employers. In case any suit a other
procedinp shall be brought against the Purchaur, or its officers, agents or employees at any time
oaccount or
by reason of any act, action, neglect, omission or default of the Seller of any of his contraction or any of its or
Moir officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense therm(and to
defend the same a,the Sellers own cxpcmc to pay any and all cast , charges, Move, fee ad .,he, expenses.
any and all judgmems Nat may be incurred by or obtained against the Prooleasurr or
any of its or their otpmcrs.
agc'nr or employees in such suits or other proceedings, and in call judgment or other limn be paced upon or
obtained against the propny of the Pumhaen or aid panics in or a a result of such sous or other person ings,
,he Sclicr will at and cause the same m be diaohed and discharged by giving bond or otherwise. The Seller and
his contractors shall lake all safety precautions famish and install all guards necessary for the pnveaion of
aeeidens, comply with all laws and regulations with regal to safety including, but without limitation, the
Occupmi...I Safety ma Health An of 1970 and ell rules aad regvlanon issued p.rverm them..
Revised 0312010
Title: NCRCN Access Charges-2011
Date: August 19, 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 8/01/11
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 judgment.
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. (YIN)
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. # 9114888 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. Conglomerate of Northern
(1) The item was available only from a single
Colorado public agencies that
source. (Verify prices are no higher than price
utilize the statewide Digital
for such item by likely customers.)
(2) Public exigency for the requirement did
Trunked Radio System (DTRS)
not permit a delay resulting from a
Network.
competitive solicitation.
(3) An emergency for the requirement did not
See Memorandum dated 8/18/11.
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