HomeMy WebLinkAbout160325 CITY OF LOVELAND - PURCHASE ORDER - 9121011City of
art Collins
PURCHASE ORDER
Date: 02/17/2012
Vendor: 160325
CITY OF LOVELAND
DEPARTMENT OF PUBLIC WORKS -TRANSIT
410 E 5th ST
LOVELAND Colorado 80537-5641
PO Number Page
9121011 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: 02/16/2012 Buyer: DAVID CAREY
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR
YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A
PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS
AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Farebox Revenue Reimbursement 1 LOT LS 49,308.00
to COLT - 2012 Blanket P.O.
City of Loveland Transit (C.O.L.T)
EPLS search completed.
Vendor selected and farebox reimbursements paid per Intergovernmental Agreement (IGA) dated 11/01/10.
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
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
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
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)
Terms & Conditions negotiated
And documented for price reasonableness
per IGA dated 11/01/10.
was established on the basis of a catalog or
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
NO -Payment made monthly per
payment utilizing FTA funds and the contract
does not contain advance payment provisions
invoice.
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 02/16/12.
1 F`ort Collins
Date of Estimate:
Contract Type:
Existing Contract or PO (Y/N):
Description of Goods (A) or Services (B):
I have obtained the following estimate from;
Published Price List / Past Pricing (date)
Engineering or Techincal Estimate (performed by)
Independent Third Party Estimate (performed by)
Other (specifiy)
Adjustment based on projected increase in COLT ridership
Independent Cost Estimate
2/2/2012
Y
Farebox Reimbursement to COLT
1/1/2011 - 12/31/2012
Cost Estimate Details:
(Estimate calculated in US Dollars)
Cost of Standard Items
C:\Documents and Settings\dcarey\Local Settings\Temporary Internet Files\OLK3\ICE - 2012 COLT Relmbursement.XIsCOLT 2/7/2012
INTERGOVERNMENTAL AGREEMENT
FOR FARE COLLECTION EQUIPMENT BETWEEN FORT COLLINS AND
LOVELAND
This Agreement is made this _� _ day of xkJ• 2010, between the City of Fort
Collins, Colorado, a municipal corporation, and the City of Loveland, Colorado, a municipal
corporation.
1. RECITALS
I. WHEREAS, the parties desire to use the same on -board electronic farebox system
for each of the transit systems of the City of Fort Collins and the City of Loveland; and
2. WHEREAS, the City of Fort Collins has its own treasury building, vaulting and data
collection system that is compatible with the said fare collection system; and
3. WHEREAS, the parties have determined that significant economic and efficiency
benefits will result from the shared use of a common treasury, vaulting, and data collection system.
11. CONSIDERATION
4. Now, therefore, in consideration of the mutual promises herein and other good and
valuable consideration, receipt and adequacy of which is acknowledged, the parties agree as
follows:
III. TERMS
5. The City of Fort Collins shall provide the City of Loveland access to the external
vaulting and data collection equipment associated with the Transfort treasury building located at
6570 Portner Road, Fort Collins, CO for the successful, efficient fare and data collection processes
required by the City of Loveland. The City of Loveland will coordinate with the City of Fort Collins
regarding the days and times access will be provided to the Transfort treasury building for deposits
and data collection.
6. The City of Loveland's fare revenue deposited into the shared treasury will be
counted by Transfort staff. The City of Fort Collins will maintain a 2.5% administration fee from
the fares collected by the City of Loveland. The City of Loveland will invoice for the remaining
fare revenues and will be reimbursed within 30 days of the said invoice, as reconciled with farebox
data.
7. The City of Fort Collins shall provide the City of Loveland the ability to effect
creation, changes, and other fare structure data system components as needed by the COLT transit
system for efficient, effective fore collection reconciliation.
8. This Agreement shall commence on November 1, 2010, and shall continue in full
force and effect until December 31, 2015, unless sooner terminated as herein provided. In addition,
the parties may extend the Agreement for additional one year periods not to exceed one (1)
additional one year period. A written addendum to this Agreement extending its terms in
accordance with this Section 8 shall be executed by the parties no later than sixty (60) days prior to
the end of each term of the Agreement. This Agreement is not a multi -year fiscal obligation of any
of the parties hereto, and is subject to annual appropriation by the parties.
9. In the event a party has been declared in default, such defaulting party shall be
allowed a period of thirty (30) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to terminate the Agreement and so notify
the defaulting party in writing. Any amounts due the non -defaulting party shall be paid within
fifteen (15) days of the date of notice of termination is received.
10. Liability of the parties shall be apportioned as follows:
a. The City of Fort Collins shall be responsible for any and all claims, damages, liability and
court awards, including costs, expenses, and attorney fees incurred, as a result of any action
or omission of the City of Fort Collins or its officers, employees, and agents, in connection
with the performance of this Agreement.
b. The City of Loveland shall be responsible for any and all claims, damages, liability and
court awards, including costs, expenses, and attorney fees incurred, as a result of any action
or omission of the City of Loveland or its officers, employees, and agents, in connection
with the performance of this Agreement.
d. Nothing in this Section 10 or any other provision of this Agreement shall be construed as a
waiver of the notice requirements, defenses, immunities, and limitations the City of Fort
Collins, and the City of Loveland, may have under the Colorado Governmental Immunity
Act (Section 24-10-101, 10A C.R.S., et sea.) Or to any other defenses, immunities, or
limitations of liability available to any party by law.
11. This Agreement embodies the entire agreement of the parties. The parties shalt not
be bound by or be liable for any statement, representation, promise, inducement or understanding of
any kind or nature not set forth herein.
12. No changes, amendments or modifications of any of the terms or conditions of this
Agreement shall be valid unless reduced to writing and signed by all parties, except as provided
herein.
13. This Agreement shall be governed by and interpreted and enforced in accordance
with the laws of the State of Colorado. hr addition, the parties hereto acknowledge that there are
legal constraints imposed upon the parties by the constitutions, statutes, and rules and regulations of
the State of Colorado and of the United States, and by their respective Charters and Codes, and that,
subject to such constraints, the parties intend to carry out the terms and conditions of this
Agreement. Notwithstanding any other provisions of this Agreement to the contrary, in no event
shall the parties hereto exercise any power or take any action which shall be prohibited by
applicable law. Whenever possible, each provision of this Agreement shall be interpreted in such a
manner so as to be effective and valid under applicable law. Venue for any judicial proceeding
concerning this Agreement shall be in the District Court for Larimer County, Colorado.
14. Any provision rendered null and void by operation of law shall not invalidate the
remainder of this Agreement to the extent that this Agreement is capable of execution.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
above written.
CITY OF FORT COLLINS, COLORADO
oration
APPROV S TO FORM:
Deputy City Attorney
CITY OF LOVELAND, COLORADO
a municipal corporation
By:
William D. Cahill, City Manage `
A ES"r: `U�Gumnnh��
City Clerk 3 �cv �
A A
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Fort Collins
PURCHASE ORDER
PO Number Page
9121011 2of7
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract,. absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to
that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by 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 Stale 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)l, 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.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City Of 9121011 3 of 7
This number must appear
F6rt
Collins 1 �7 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
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 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
CIi7/ Of///��� 9121011 ' °f 7
Flirt Collins
This number must appear
,�—,J`_' ` ` , 1 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.
C3.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City of PURCHASE
9121011 s of 7
`t Collins 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 9.9 %. 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 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/Of9121011 6of7
F/' rt CThis number must appear
,�—,J`'- ` CollinsJ 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 oriproposer 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.
t3. oi'la o4 �s�
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 $49,308.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Condition,
Page 7 of 7
1, COMMCI,CIAI. Dr. IAILS.
To, s,,raiarb, Ily umbe it,City 1 Flat Collins 1 f at sun, andl uul.. Our I I Number is II, NONNAIVER
98W0.Too er.ILxs'T. Lcuc,a 1 Certificate of llcbstl 84(000587 is registered call line Csllwrr of Failure 11h.Punh'vwrt-insist upon stra performance of the form, and condition, Len.[ Blum or delayw
Internal Reload, Denver. Colorado (IOU C'olood,13N6cd Soutar, 1973. Chapter 39"24, IH(a). exercise any rights or Tvinoie, provided herein or by Our, failure a. mmptl, minify the Scllcr in Ne,s.nt ofa
breach. i, aeeeptanev of or payment fur goods herewtder or approval of the design, shift not release the Seller of
Gams Rejected GOODS RGIECI ED due a tailor, to color 1peditieutides, either when shipped or due to dolmas of ally of the x r obligations of this pLocatedbusc meet and shall not be Located a w of any right of,hc
dam.,, n tracer. only be re red 1. you fur room, .. d aid nm to be npla<eJ a «Pr ufwt r re, of .foment pu,haa sill upon shin perfurnunee hannf orally adds rights orcerneJic, as to anysuch goods, regardless
instructions l}.a. the City of Fort Collins. lot when zliq tee received acepdrr
, as to any prior subsequent dcraufl laau,nder.nr. shall any purpided
foal mdilicution or r ou-mn of W., pu.clue order bythe Pumhawr operate ns a owner of any of the corns
Inpcctiun. GOODS ill object fa the City of Fun Culling in,,,6un at, ano.l. Fare.
Final Acce,mnce. Receipt of the rnerchmalw, o a egdipnmcan r
ol in O,sur>e 10 this order each in 12, ASSIGNMLN'I' OF AN'I I I RU.S I' CLAIMS.
vutha.nd paym the pun of the City of I'an lmmrcr, Collins. lunderstood!u be undeauunderstood!tm hFINAL Seller and the PorcIaN dral,cro, Char I. O11m, .I , c pra,o ..barges resulting had mtana,
ACCEPTANCE isd,,ndent after completion droll applicable occurred ingrnw' ien paeJa:a, vidfuiionn art in fact bum, by the P.ab rum Th.nbefore. for good came and
as consid,rmien for,.,twin, this
purchase Or the Seller hereby assign, to NC Purciu>a, any and all claims it may ... have of [.escaper
Freight Terns. Shipmmn. adds, be TO T. City of Pon Collin, 7W World M., Fort Collins. CO 80522. unless acquired under federal for slam an urdst Imes for such ovcrchergm ruling to the particular good, or services
ahem a.rycilid On this order. I fpen is Skeen top¢pay freight and char,, sepanRmnm ly. the original heighl purchased or acquired by the Purchaser puro this purchm,notch.
bill first ritualisticit %nice. Additional charges fur puck ing.'ill Out be ;accepted
13. PU RCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Di>mr[c.Where nun.lucamn luxe dionlauda, poims in various pins of rho country. shilnnenlu If the Purchaser direct. NC Seller 1.cocert atnbofoming or D11denvegwd, by a dale to be agreed upon by Be
csperlcJ treat then ..I diaribulion prim fo d"tirlsoma. and cxcc,, Height will b EdeuDd from Be, mu when Purchase and the Sailer. and the Seller damaffcr indicates as inadclay or cars, diingne,s to comply. the Purchaser
shipment, are nude front grater divance. may cause the wud. nobe olonmd by the min, expeditious mean maabfe to it, and the Seller shell pay at
emu ussuiaoJ.fill such xo.k.
Permit. Salter shall practice a, sellers sale cot all acceircer, prmib, eenifcat,, and lie nucs required by .11
applicable lax regulation, onfireacce, and falls Of,howtc, aduniopdily. Rrrimry or puflie.1 subilk6im I %% hoc
du work is prinrmd, or required by any other July' o u,nmreJ public auifuriy tiun haleingjamo .,or the work
of vend.,. SIR, further zgres I. hold Ibe City of fen Collins hvml— floor me against all liabilityand loss
incurred by thcnt by reason ed an asserted or cluMishcJ violation orally such lax,, regulation, oeimdecs, roles
and rcquirmcnb.
Autharrohnion . All peones
to Nis contract agree that the representative, arc, in Le. bend titlepmcv and . full and
omplete achuri, to hard said panic,
LIMITATION OF TERMS. This Yuoch— Order exprosely hunts acceptance to the bered, and conditions mated
Intent set tomb and any wiMlenunmry or addirioml Runt.ad cunWifimt anneod he.,. Or incsir co foel h,seio by
rebuhntt. Any additional or Jinvorn mint and ewWiti.ns proposed be seller arc objected! it, and hereby rejected.
s_. DELIVERY.
PLEASE ADVISE PURCHASING AGENT' immediately ly if you cannot bake c.mplcll shipn od he dome en your
promised delivery Jac as aced. Tinto is of the essence. Dcivm, and Ihaturnmae wst be effected W Ohio the time
stated on the purchase order and tire dismounts attached broad. No act of the Purchasers including, bound
limitation, race punn of partial w, aefiv,de,, shml ,,all as. waiver ur Nis pro, War, Ib he clear ofully decor.
[lie Purchaser shall hold, in addition to other legal and equitable remedies, the option of p6crg this order olsexhere
and holding the Seller liable hour danuge.. However, the Sallee shall nor be liable for Jubaga as a result of delays
due 1. causes min oweroubl, rurw,abm which a,, bcyrandIs .liable aanvil md"WE Its tail, ,I gligenca,
uch or. ofOd, all, fcii,lmmilim, neflocard-, toonanuccul prioritiestir . strikes. fluid.epid,a
d rinpboid d mbar ..If,, of the ... Mnsan iecing such delay is gi%cnto ate Purchaser within five (5) days of the
oh -the Seller lint —tic W knowledge thereof Ill In, occur of any such delay, the date of ruble,Jull be
extended finite pried Call to the time actually lost by reason of the relay.
3. WARRANTY.
The Seller w s that all Surdw s, abides, mtrele iils are walk cted e by Ihis .,it,, wlll cantor ,'hit apprOibl,
allowing,spediliea wept. under other d,,Qripliones good, will be tit for the pdpuss intended, and
perlunnd with the highest degree Of care add omnipotence Or accordance.Ilh accepted svndinds fur work.1 u
miter e. The Soft,, agrees w held ,tic prcde. furnace- front any loss. damageoreapero .had, the
Purchaser may ,ufDror incur) account of the Sellers breach of warranty. The Seller, hall replace, repair or ducke
good withou So, a.Ne purchaser, air, a.fmrs or fauns arising within a.e(1)year or within such longer Perin) of
lime as may be prescribed by law or by the Rrnd of any applicable wmurmny provided by the Scllcr after the date of
acceptance of the good, firricalluad beet ndu (a.up an,, all, to be u u dannably delayed), no-Ifin, fr'omu,omf
or d,welie, wink Jon, Or ailauuH tarnished by till Seller, Aoxopuraceor use of goods by the Purchaser shall not
constitute u %veer of ary claim under fills warranty. Except as otherwise provided in noe s purchase ,el, the Shc...
labildy he¢ImJu shill,.,teed to all damages pusiuumly..... d by dn, breach ofany of Ole foregoing warranties
or gno... da-, bin such liability shall in uo gem Incfud, lass of,...dint or loss at use NO IMPLIED WAR BAN'I Y
OR M ERCHAN'FAB I L ITY OR OF fl I'NESS FOR PURPOSE SO IAl. I. APPLY.
q. CHANGES IN LEGAL 'ITEMS
.
Tire Purchaser amy nuke changes m legal Ron by without changr oea.
5. CHANGES IN COMMERCIAL I LRMS.
'IIIY 'troy rrake ylId,frs In it, woun, oche, Chef I,balc including carillon, i on, dJctnotlie
the Protonic, wholly ofolcood in the politicanion, r drvviy. by vull or w'beh dean, odor lfay soh
,hung,,disc Ibe amuan due or the time oI perfamhmtee hereunder, ant equitable adjm.mnn shall be nude.
b.TERMINATIONS.
'Hire I ha, any in any time b..T... l manic older, uniociall Thisf,vc x.a,toanytit all potosofnke
gmd,thcnhocs6ppul subotttn atryequ'rbladjusmnn between the pulos as only work trt t-Chetin
prub e.s n'av-d,d ul e 1 ^Iw.er J all nu, To I'uble ter t y cl:- s tr lino ed pre t t a fi:et nPRrd
Portion of file foxes mad,al' worA, lot ur..... a trot tlauagtl. and than n melt adho,in I be Inaac in
Timor uftbr Suite,, Or re""a In any goods xllke arc the Sellers „hndvd sack. No such umadamion scull nrowe
the Phodnon or tire Seller if any lacir oblifaf ids:, a, la ally bled, acfivned LemunJc,.
9. CLAIMS FOR ANUS'I MEN'1,
Any claim lie abrouncd ntmt be nstcm[d wrural Barry (30) days Brain the Jute file change for fermaimion is
nodded,
8_COMPLIANCE W1I II LAN.
"file Seller xnrrvnrs that all grads sold hereaWn shall ham been produced sold, delivered and fumisbcd in uric
onidiance wish all applicable laws and mgo6Eos 1. whidl It., —it, all s.bj,,,. The Seller shall circuit, and
Jelivsuch due antra, auy be aquircJ wetted or evidence compliance. All ax and regulations required to be
oogwmmd to ngme ul this dac mmr are hereby uniformed
iroed lacteal by Ihis mlerena. TLe Seller agrees to
indemnify and hold the...
hanales lion all costs and Jubnges suffered by the Pardmacr as a retail of the
slit", mild, to comply' Itic such law.
9. ASSIGNMEN T.
Neitbrr piny shall assign, conafCr, or can this order, or any counties due or to brume due hereunder v, thom [tic
prior Willard Consent of the other piny.
IO. TITLE.
The Seller form,full, clear and unrestricted tide to the Purchaser far all equipment, oulefulb, and isms furnished
n pultubriance of lhi, agreement, lice and clear of mry and all Bred, restriction, ocenatiem, security martial
unetimbmnces and claims afalbm.
Tire Sella shall « Icme the Purchaser and its contractor, of any liar from all londily and chains of any n tun
....Iran, from the ftundocc Ne of such is on.
'I his rledse shall apply cro. a. the ,,car of lush of negligence Of the piny released and shall uO.J ,o the
clinican..Nicene low cmpfoyu. of such puny.
I It, Sellers contraction obligatioti, including warrant, shall nor be divined to be reduced, in any way. because
such .snk i. prremr lo, rood to be petl.rmed by the Picichas.,.
If. PATENTS.
Win ...n.. the Seller is required to use any design, do%ill, amerial or Process car Old by Iener, patent, tmdentarl,
of cup,gb, the Seller hall indemnify sal idle, harmless the Punctim r from any and all c6iads for infringement
by reason of the use of such panned design, doe nablonal or pro, wBE the and
shall inJ,nadily the Puahav+far airy had, o,pude or a mr, .Inch it may be obliged to pay by ,.a. mful
intiingemun at any time during the prosecution or alter the completion of Ne work. In case said eeuipi um, or
any pan thereof of the intended use of the goods, is in such suit held to cmdndR unaccented and he use of
said equipment or pan is enjoined, the Seiler shall, a it own c,pnt, and at it epuidr, either procure fur the
Patchas.. tht, right to canine, using mid ,gunned ., pans, rylacc the same with wtchunidfy calla[ be,
noninllinging Nalual or mdidy it as it balms nuninlringing_
15. INSOLVENCY.
If the Seller .hull furnace inmlv,m or bahkmp, mail, air rui,rancom for Be benefit of creditors. tWound a
receiver or trustee fur an of the Scqlers pepeny or busims, this order may forthwith be canceled by the
Purchaser a'ilhou, liability.
Ill GOVERNING LAW.
'I he dclucanmu oftcm..sod or the int,,rOd ion hh, ct,ho,nnhic, a,ad ill' rights of all pare, henund,, foul be.
nmuued weer and governed by the Los of the Sate ufCrumdd. USA.
The following AJJiti.wl Conditions apply only in c where thr Seller is la perform work hereunder.
including the sets iecs.1 Sellers Repmuutn,Ssk on the Prr Lees 0 others.
19 S W I ER$ RESPONSIBI L I'll.
I he SiIr.ml I any bit lead book a, Sol tern vo. if risk unil file since is fully c'.hpinJ and accepted, and shall,
III case of any aceldonc
, Jos injury to the work and/or materials before Sellers felon contplefi.n and
cecpa umpldt, the work Sclkr's.xr cxpcncand to 'tic ounleclion of the Padre,,,. When mac.iuls
and cyli,an ate for rished by ,,hers for nsullationor erwtier by the Seller, the Seller shall weene, unlook
and handle youll at the site and became rocs) -die thamfes as though troll dtmriab author equipment
well being forickhed by the Solar anJer [tie order.
IS. INSURANCE.
The Sol,, shall, tit his own cxpcn q provide for the pdyadcnt of worker, umpeowaol, incafing leccap cioud
disc a, bend's, I,, its unpinycc employed o oxhh Ile %work uttered by this pall—d banker,
fall,
and/or f,, th , all m.den¢ in accordance -1h It., lut�sof i1 a Hoar In which We work is to be do.,, The Seller
.hull a l y cmrprcb t6vr ycu.vl liability mluding bur no, I m(led .... mcluul add at uubilc public
].ability moduralwo
GO bully itjuy and aaoO triad arm lima S3W0any00 for one Peron S500000 fbr any
tt'Walmd pepeny dome,, limit per aeciJcn, of SJ00,000. The Seller shall likewise rc,ui,, his
ommctors, it any, to provide for such cumpc.suIion art it c. Beforeanyof the Sefton orla's codmu.n
mployez shall do any week .'sonthe pat a.1.then, the Surlier shill fanatic the Parchasrnnlh n ccnif,ur
fur such unipmeadual add -rimmano, Ill e, been pu,dDd. Such ell Cat, fill ,p G), nu date whou well
coullsecrution and insurance have area Oro,ded Such en I Cm,s shall specify the dale who n such c1 bperrutien
and ,stir IIe brim out, chat run e.o po.m.h and insurance hall be ainumnedand after lLe
,nun w-k is cmupl,wd slid vcc<ptW.
I9. PRO CC`I ]ON AGAINST ACCIDENTS AND DAMAGESI Lc Seller hereby assumes the.ntlm resporlidaly and liability for any and all damage, loss or injury ofany kind
her after p o. pruny cased by Or whexecution
in& tom the exution ofihe work pal fin in
,his Purd ,mdo, of in ccmmaian herewith. The Seller will indemnify and hold harmless fin PimM1Cwr and any
Or At of the Puntrsxm unirrm, agents and andoyrrs fear and ali> any and all ,lies, losses, da..ago ,
charges onr.vpcn wb„hr, dire'Or incline, and whether to pen st or property to which the Purchaser may
be put D subject by re of fly act, wfion, ncglcc..missiet or default on the pan of the Seller, any of his
unmmerx, or ally of the Smer, or conobacters bhi,ed, talent,cmployre.. III case any suit or other
preeChn,shall be brought u.....I he Purchaser, or is o0ncerd agents or employees at any nine account or
by Ommuofany arc, action, ncgkrl, rra,,i.n.l defauh of the Sd1C, ofany of his contractors or any ofits or
their office . agents or el„Ploy., aforesaid, the Scller hereby agrees In assume the donne, thereof and to
dd'llad au aid nshe Schc, rspmdc no Puy any and all cast,, clurges, attorneys tics and other cxpcn
any and all jud... s that nay be it and by or obtained .Fair l the PurcLawr o rely of its or Waif ulbc,..
n
agents o rnpfoyel, in such oil, or other prouvdings, and it a mm jud,.or other lien be placed upon or
.blamed ayi.... e peprty office Pur'hadel, ell said pan sell ofsach suits or other proceeding,
,If, Seller will an all .use the samel. be disoNed and diwfur,rd by giving bind or when re. The Seller and
his mammon shift mike all safely precautions, furnish and inns, all ,turd, necessary for the prevention of
«Idenb, comply with all laws and rcgumon will) «gaN to SIR, including, buy wilhour limiutiuq the
Occupational Sir,,, and Health An of 1970 and all roles and regulations issued pu mad thereto.
Resistant 03C010
Title: Farebox Revenue Reimbursement to C.O.L.T.
Date: February 16, 2012
CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE)
Checklist Item
Contract File
Comments
Location
7) Independent Cost Estimate
See I.C.E. dated 02/02/12 and
The City made and documented an
attached Intergovernmental
independent cost estimate before receipt of
IGA reement Ag ( ) dated 11/01/10.
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. (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
Blanket P.O. # 9121011 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
propedy 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. Farebox Revenue
source. (Verify prices are no higher than price
Reimbursement to City of
for such item by likely customers.)
Loveland Transit
(2) Public exigency for the requirement did
(C.O.L..T.)
not permit a delay resulting from a
competitive solicitation.
(3) An emergency for the requirement did not
See IGA dated 11/01 /10.
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