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HomeMy WebLinkAbout111402 POWER EQUIPMENT COMPANY - PURCHASE ORDER - 9121581City Of Fort Collins PURCHASE ORDER PO Number Page 9121581 1 of s This number must appear on all invoices, packing slips and labels. Date: 03/16/2012 Vendor: 111402 Ship To: FLEET SERVICES - MAIN SHOP POWER EQUIPMENT COMPANY CITY OF FORT COLLINS PO BOX 28 835 WOOD ST DENVER Colorado 80201-0028 FORT COLLINS Colorado 80521 Delivery Date: 03/16/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 100 hp motor 1 LOT LS WEG 10018XT3G40ST for CNG station at Transfort site. Per quote #20120309 Attn: Dale Frey FEDERAL REQUIREMENTS: 7,197.70 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND 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. 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 Small Purchase of: 100hp Electric Motor, Quote # 20120309 CONTRACT CHECKLIST FOR SMALL PURCHASES Checklist Item Comments 7) Independent Cost Estimate Done The City made and documented an independent cost estimate before receipt of proposals. 9) Unreasonable Qualification Requirements no This solicitation did not contain unreasonable requirements placed on firms in order for them to qualify to do business. 1 2) Arbitrary Action no There was no arbitrary action in the procurement process. (An example of arbitrary action is when award is made to other than the contractor who most satisfied all the City Requirements asspecified in the solicitation and as evaluated by staff. 1 3) Brand Name Restrictions Yes. Specified Brand Name or Equal. When it is impractical or uneconomical to provide a clear and Baldor motor or accurate description of the technical requirements of the property to be acquired, a "brand equivalent. 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 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. FTA's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 1 4) Geographic Preferences No The solicitation contains no in -State or local geographic preference except where Federal statutes mandate or encourage them. 1 5) Contract Term Limitation One time purchase The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 23) Price Quotations Three quotes were Price or rate quotations were obtained from an adequate number of qualified sources. received 24) Clear, Accurate, and Complete Specification Yes A complete, adequate, and realistic specification or purchased description was available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 41 ) Cost or Price Analysis Yes Either a cost analysis or a price analysis was performed and documented. The price was determined to be fair and reasonable. Price reasonableness based on: Price quotations. Previous purchase. Current price list or advertisement. Value Analysis — coin file. 42) Written Record of Procurement History Yes The file contains records detailing the history of this procurement. At a minimum, these records include: (1) the rationale for the method of procurement, (2) Selection of contract type, (3) reasons for contractor selection or rejection, and 4 the basis for the contract pnce. Excluded Parties Search Yes EPS run and include in the file WEG's e-Technical Catalog Page 1 of 1 L�-_ I 1 MI I FI :Ik I I O Motors r� o Products : Motors : Explosion Proof : Three -Phase : Explosion Proof - NEMA Premium : Produg.fmolm_a{ion � rscFINE .oua �ca6cH ' )ROVRHCEO 68NPCN1 HP 100 RPM 1800 I voltage 460V General Information . Product Information Cr Table of Products Curves Drawing ...... .... .._... Brochures Product Manuals LED CAD Drawings `! iH[IITp FGE �!f1 onrn.... To Er�ENPTE POC 6Rn�VEE POfiIt[DI�PL LI fll ol1R BLpMI. CAfglnn _I sePPCP P @RP6./RUPIrtr GP o Electric Motors Explosion Proof Three -Phase : Explosion Proof - NEMA Premium Choose the rate below: 100 NP - 60Hz - 460V �75 HP - 50Hz - 380V ::-75 HP - 50Hz - 400V 75 HP - 50Hz - 415V I Characteristics • Output: 100 HP • Poles: 4 . Frequency: 60 Hz Torque: 291 lb.ft • Voltage: 460 V • Frame: 404/5T • RPM: L780 • Full Load Amps: 113 A • Efficiency (100%): 95.4 Power factor (100%): 0.87 Insulation: F • Noise: 75 d8(A) • No load current 43.0 A Locked rotor current (I1/[n): 7.2 I Catalog Number: 10018XT3G405T KEyV/Ord OK Enter WEG's Catalog Number CaCalog k n� Three -Phase: Explosion Proof - NEMA Premium Explosion Proof Efficienc 50 (%1 75 100 Power 50 factor °/n) 75 (pp Service Factor Inertia L.R. Time Weight 94.5 95.0 95.4 0.72 0.82 0.87 1.15 26.405 s .fCib 1� 12121b mj vyEG Equipamenles Eletrims SA, All Rlrihis Reserved. http://catalog.wegelectric.com/produtoInformacao.asp 3/9/2012 Electronic Quote # 20120309 Company Name Power Equipment Company DATE: March 9, 2012 Ref: 100hp Electric Motor THIS IS A PRICE QUOTATION -- NOT AN ORDER Please supply pricing and delivery information. All items to be quoted FOB destination, as requested below. Respond via fax or email not later than March 12, 2012, 3:OOpm Mountain time to: JIM HUME, Buyer, jhumeOfcgov.com or fax: (970) 221-6707 Any questions regarding this inquiry should be directed to Jim Hume, 970-221-6776. Qty Description Price Baldor or equivalent 100hp Motor EM7090T-I, 100hp, 1 1780, 3ph, 60hz, 405tc, explosion proof $7,197.70 Freight, FOB Destination, Transfort, 6570 Portner Road, Fort NA Collins, CO 80525 Total: $$7,197.70 Explanatory notes or exceptions from the above specifications, if any: By: Date: 3/9/2012 Print Name:Dale Frey Title:PSR Company Name:Power Equipment Company Phone #:303-227-4328 Address:500 East 62nd Ave. Denver, Co. 80216 FEDERAL REQUIREMENTS: 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND 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 at seg. 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. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 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 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 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 If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or Flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 30 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to The City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within (ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 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 at sec., (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. (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. 7. DISADVANTAGED BUSINESS ENTERPRISE fDBEI 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 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 F, 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 City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. ]<eZiW:V"k tyr pST/Fi7�T��7_r71Lf it\.I�IY�b9 i�.6Y[�PICIi1.l,:Z�Zfl�l i�'d��11 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 accepting this purchase order, the vendor or contractor certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, 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. 11. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. 0. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: PurchasinqC@.fcqov.com or calling 970-221-6775, Mp r. 9. 2012 9: i4AP; Pfi.2244 P. 1 Electronic Quote # 20120309 Company Name k".' 11D DATE: March 9, 2012 Ref: 100hp Electric Motor THIS IS A PRICE QUOTATION -- NOT AN ORDER Please supply pricing and delivery information. All items to be quoted FOB destination, as requested below. Respond via .fax or email not later than March 12, 2012, 3:00pm Mountain time to: JIM HUME, Buyer, ihume0fcgov.com or fax: (970) 221-6707 Any questions regarding this inquiry should be directed to Jim Hume, 970-221-6776. Qty Description Price Baldor or equivalent 100hp Motor EM7090T-I, 100hp, 1 1780, 3ph, 60hz, 405tc, explosion proof 7,•� ` Freight, FOB Destination, Transfort, 6570 Portner Road, Fort Collins CO 80525 Total: $ Explanatory notes or exceptions from the above specifications, if any: 1aA1)7--_ �, By: AA - Date: 3__ —%A Print Name: Title; �cCUUNT /2ti���Tc Company Name: Phone* Al)-ZZZ -©J6lY Rio. Address: 309 FF. C'o4,LJW-f,Ca,.B�Z�I U24N)o Ma r. 9. 20 i 2 9:15AM Na. 2244 P. 2 FEDERAL REQUIREMENTS: 1. NO -FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND 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. 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 Slates 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 FMO Contractor access to'Contractor's records and construction sites pertaining to a major capital project,. defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. S. 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 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(1)(11). Mar. 9. 2012 9:15AN1 No.2246 P. 3 D. FTA does not require the inclusion of these requirements in subcontracts. 4. 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 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 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 far supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c, Opportunity to Cure The City In Its sole discretion may, in the case of a termination for breach or default, allow the Contractor 30 days In which to cure the defect. In such case, the notice of termination will state the time period In which cure is permitted and other appropriate conditions If Contractor fails to remedy to The City s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within (ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and Its sureties for said breach or default. d. Waiver of Remedies for any. Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the Citys remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (.1) Nondiscrimination - In accordance with Title A 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 1900, 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 etnploylrlent 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 City of �.Fort Collins PURCHASE ORDER PO Number Page 9121581 2of6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 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 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. Contractors failure to so comply shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Ma r. 9. 2012 9:15AM N;.2244 '. 4 issue. (2) Equal Em Io ment O ortunit - The following equal employment opportunity requirements apply to the underlying contract: (a) Race. Color, Creed National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.$.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, [he 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 at seq.. (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11240 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, induding 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. (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 G.F.R. Part 1630, penaining to employment of persons with disabilities.. In addition, the Contractor agrees to comply with any Implementing requirements PTA may issue. 7. DISADVANTAGED BUSINESS ENTERPRISE MBEI 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 (D8E) is, 10%. The agencys overall goal for UBE 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-asslsled contract. Failure by the conlractorto cirryout these requirements is a material breach of [ills 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 bidderlofferar will be required to report its DBF 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 Mrr. 9. 2012 9:16AA lh1 2244 F. 5 Collins and contractor's receipt of the partial relainage 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 ar 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. INCORPORAi'ION OF FEDERAL TRANSIT ADMINISTRATION ITTAI 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 F, 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 complywith any City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON PROCUREMENT 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 accepting this purchase order, the vendor or contractor certifies as follows: The certification in this clause is a material representation of fact relied upon.by the City of Fort Collins. If it is later determined that the bidder or proposer knoWngly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, 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 frdin•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, i f lL$ ftcL�73ii7:�L�Ii]>w � I: Ems:] 179:Zi] l x.� 1�:7�TiT7ii R 7� The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, Including but not limited io specification or award. The protest. procedures are available from file Purchasing Department. Cityof Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emaiting: Purch2Sin,q@fcgov.com or calling 970-221-6775. �GRAINGER,r 4531 INNOVATION DRIVE FT COLLINS, CO 80525 Ph : (970) 223-2100 Fax: (970) 223-1818 Customer Information CITY OF FORT COLLINS PLEASE GET FORT COLLINS CO 80522-0000 Billing Information CITY OF FT COLLINS PO BOX 580 FORT COLLINS CO 80522-0580 Shipping Information CITY OF FORT COLLINS PLEASE GET FORT COLLINS CO 80522-0000 Quotation Information Grainger Quote Number 2015430608 Validity Start Date 03/09/2012 Validity End Date 04/09/2012 Creation Date 03/09/2012 Grainger EIN Number 36-1150280 PO # PO Create Date PO Release # Customer Number 802834481 Department Number Project/Job Number Requisitioner Name Attention Caller JIM HUME Telephone Number 9702216500 Page 1 / 2 We will deliver according to the following terms and conditions: IncotermsOO 2010: FOB ORIGIN Freight Terms: Prepaid Carrier: Payment Terms: Net 30 days after invoice date Special Instructions: MUST HAVE BADGE OR UNIFORM Freight, Forwarder Item Material Description Quantity Unit Price Total in USD PO -Line 10 4YPX7 HazLocMtr,3-Ph,100hp,1775,208-230/460 1.00 EA 8,493.02 8,493.02 Sub Total 8,493.02 Total USD $ 8,493.02 Please reference our Grainger Quote Number, your Grainger Customer Number, and method of payment when remitting payment. These items are sold for domestic consumption in the United States. If exported, purchaser assumes full responsibility for compliance with US export controls. XBRw001 GRAINGER,. Quotation 4531 INNOVATION DRIVE FT COLLINS, CO 80525 Ph : (970) 223-2100 Fax: (970) 223-1818 Information Grainger Quote Number 2015430608 Creation Date 03/09/2012 Customer Number 802834481 Page 2 /2 Item Material Description Quantity Unit Price Total in USD PO -Line This transaction is subject to W.W. Grainger, Inc. sales terms and conditions. For a copy, please visit the website at wmi nrainner rnm or refer to the current catalog. Thank you for the opportunity to provide this quotation. Please note that all the prices are based on products and quantities quoted. Any changes to the products and/or quantities may result in different pricing. The non -catalog freight policy applies unless freight amount is listed above. Please contact the Grainger office shown above if you have further questions or need to submit a new request. XBRW001 PURCHASE ORDER PO Number Page City Of///��� J 9121581 3 of 6 `t / v oilin + This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 30 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 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 C3. Oi'IA�uQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page C117/ Of///��� 9121581 4 of 6 F6r} Collins This number must appear /,��—J`-' ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 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 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 F, 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 City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9121581 5 °f s `t Collins This number must appear ` ' ' on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 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 accepting this purchase order, the vendor or contractor certifies as follows The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, 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. 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 Invoice Address: $7,197.70 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 6 of 6 I. COMMERCIAL DETAILS. Tax excarpt ions, By Saamtc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-01502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a), exercise any right or remedies provided herein or by law, failure to prnamily notify the Seller in the event Of a breach, the acceptance of or payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED doc to failure to meet specifications. either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be devoted a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be rcPlaecd except opera receipt Of written purchaser to insist upon strict performance bercofor any of its rights or remedies as to env such goods, regardless instnetions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purpnncd and modification or rescission of this purchase order by the Purchaser operate as a waiver of ony of the tans Inspection. GOODS are subject to the City of Fort Collins inspection carnival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment no the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tents. Shipments most be F.O.H.. City of Fort Collins. 7(M) Wood St., Fun Collins, CO 80522. unless acquired under federal or state antitmst Imes for such overcharges mlaline to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge mpamely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manta icterco have distributing points in various pans of the country, shipment is Ifthe Purchaser dimets the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess (might will be detlmted from Invoice when Parchascr and the Scllcr, and the Seller thereafter indicates its inability orunwillingness to comply. the Purchaser shipments am made form greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs associated with such wmk. Permits Seiler shall pmeure at .tellers sole cost all ncecsut v remits. certificates and license required by all applicable laws, regulations. ordinances and rules of the state, municipality. Icrdtnry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Port Collins harmlcc from and against all liability and loss incurred by them by reason craft .astened or established vinlminn array such laws, regulations, ordinances, rules and requirements. Authmi.tion. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics, LIMITATION OF TERMS. This Purchase Order cxprecly limits acceptance to the tears and conditions stated herein set forth and any supplementary or additional tears and conditions annexed hereto or incorporated herein by reference. Any additional Or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On your promised delivery date as noted. Time is ofthe essence. Delivery and perfnrmmuee must he effected within the time stated on the purchase order and the document attached hereto. No acts of the Purchasers including, without limitation, acceptance ofranial late deliveries. shall operate as a wmiver of this provision. In the event of any delay, the Purchasers hall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of GM, acts of civil or military authorities, gasemmental priorities, rims, strikes, Hood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days Of the time when the Seller first received knowledge therm( In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller wantnis that all Souls. snicks, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given. will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with aeeepled standards for work of a similar nature, The Seller agrees to hold the purchnser hamiless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Scllcr shall replace. repair Or make good, without cost to the purchrwr, any defect or faults arising within one (1) year or within such longer period of time as may be prescribed by Imw or by the terms ofzny applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acccIrmucc not to he unreasonably delayed), resulting from imperfect ordefective work done or materials tomished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend mall damages proximately caused by the breach army of the foregoing wamntics 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 SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wthen change order. 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the qufmnic, originally ordered in the specifications or drawings, by verbal err written change order. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the goads Ihca not shipped, sabjee, to any equitable adjustmem bel xen the panics as to any work or materials then in pmgres provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages. and that no such mhustmmt be made in facer of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7, CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be aeacned within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all grads sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject The Seller shall execute and deliver such documents x may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless gram all costs and damages sufficed by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent o(the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in pnfommame of this agreement (rce and clear of any and all liens, resmletions, rescrvatiom, security interest encumbrances and claims of others. The Seiler shall release the Purchaser and its contractors of anv tier from all liability and claims of any untrue resulting from the pMomance of such work. This rcdcasc shall apply even in the event of fault of negligence of the parry released and shall extend In the directors, officers and employees of such parry. The Seller's contmctnOl obligations. including uam. nty, shall not be deemed to be reduced, in any way, because .such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seiler shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material err process in connection with the contract, and shall indemnify, the Purchaser for any cast, expense or damage which it may be obliged In pay by mason of such infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or any pan thereof or the intended ace of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts, replace the more with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. - If the Seller shall become insolvent or hanknmL make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may fnnhwilh he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions o(terms used or the interpretation of the agreement and the rights of all parties hereunder shall be constmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcprescntativc(s). on the premises efothers. 17. SELLERS RESPONSIBILITY. The Sollcr shill carry on said work at Seller's own risk until the some is fully complctcd and accepted..and shall. in cnsc of any accident, destruction or injury to the work and/or materials before Sellers final completion and .acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When mamriels and equipment are furnished by others for installatinn or erection by the Seller, the Seller shall receive, unlord, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including oecapationul disease benerits to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited to. contractual and amomrhile public liability insurance with busily injury and death limits of at (cast S300.000 for any one neon. S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the Incentives of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such competsation and insurance have been provided. Such certificates shall specify the date .when such compensation sad insurance expires. The Seller agrees that such compensation and ianuran<e shall be maintained and after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability granny and oll damage, loss or injury o(any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthc work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any err all of the r'urchnsers officers, agents and employees from and against any and all claims losses, damages, charges or expenses. whether direct or indirect, and whether to persons or property to which the Pamhrwr may be put or sabicet by reason of any act, action, neglect, omission or default on the pan Of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time no account or by reason of any act. action, neglect omission or default of the Seller of any Of his contractors Or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the dcfcaa thereof rand to defend the same at the Sellers own expense. to pay any and all costs. charges, attomcys (ces and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their Officers, agents or employees in such suits or other proceedings. and in case judgment or other her he placed upon or obtained against the pmperty of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of .accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010 RFQ 20120309 - 100hp Electric Motor Price Analysis Independent Cost Estimate: $8,568.00 Quotes were solicited and received from three vendors. Prices were as follows: Grainger $8493.02 Rocky Mountain Supply $7757.83 Power Motive $7197.70 Power Motive was selected. Based on our own estimate and the quotes received, Power Motive's price is fair and reasonable. Excluded Parties Search, Power Motive .A oced Sc.,h Search Resume for. Parties Eatlulod by >M,AVe Names Fhm. Entity. or Vessel : Power Equipment � Dunc: Name aryl SSt111W - As of I - —2012 2:59 PM EDT >MyEPLS Save to MyEPUS >Rccent updates ,G.,ic All Records Your..arch resumed no rnsuhs. , _ •, Back New Search Printer -Friendly >RttProcal Codes >Protummr o, Codes li: cc.lu&dtParti'es, List i>Beurch Heq >AA•arced Search rips t - now Usc'sMori >FAQ 1 >Acromnrw S Pmocy Tct Provisuns , S IvU slun for Award Mar,ag, Fort CoWns Independent Cost Estimate Date of Estimate: Contract Type: Existing Contract or PO (YIN): Description of Goods (A) or Services (B): 3/8/2012 100hp Electric Motor 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 (specify) Quotes from online suppliers Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Standard Items Supplier Quote 2012 Total Estimate 2012 Global Industrial $ 8.420 Electric Motor Warehouse S 8.694 KG Power Systems $ 8,689 Total - Average of 3 Quotes1 1 $ 8,568 CADocuments and SettingMIddivenlLocal Settings\Temporary Internet FIleMOLK93110E - 100hp Electric Motor - 2012.xlsElec Compressor Motor - 2012 3/16/2012 FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over$2,000) 100hp Electric Motor 20120309 TYPE .OFPROCUREMENT ! Clause Professional Operations/ Rolling Stock Construction Materials & Services/A&`E `Management'' Purchase , Supplies. No Federal Government Obligation To Third Parties X All All All All All (by Use of a Disclaimer False Statements or Claims X All All All All All Civil and Criminal Fraud Access To Third Party X All All All All All Contract Records Changes to Federal X All All All All All Requirements Termination X All All All All All Civil Rights Title VI, EEO, ADA X >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Disadvantaged Business X All All All All All Enterprises DBEs Incorporation of FTA Terms X All All All All All Suspension and Debarment X >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$100,000 4100,000 Resolution of Disputes, >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Breaches, or Other Litigation Lobbying >$100,000 1 >$100,000 >$100,000 >$100,000 >$100.000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Caro Preference All All All Fly America Involves foreign Involves foreign air Involves foreign Involves foreign Involves foreign air transport or travel transport or travel air transport or air transport or transport or travel b air travel travel Davis -Bacon And Copeland Anti- >$2,000 (including Kickback Acts ferry vessels Contract Work Hours And Safety >$2,500 (except >$2,000 (including Standards Act transportation >$2,500 ferry vessels) services Bonding $100,000 Seismic Safety A & E for New Buildings & New Buildings & Additions Transit Employee Protective Transit Operations Agreements Charter Bus All School Bus All Drug Use - Testing and Alcohol Transit Operations Misuse - Testin Patent Rights and Rights in Data Research & and Copyright Requirements Development Energy Conservation X All All All All All Recycled Products Contracts for items Contracts for items Contracts for items designated by designated by designated by EPA,when EPA,when EPA, when procuring $10,000 procuring S10,000 procuring $10,000 or more par year I I or more per year I or more per year Conformance With ITS National Architecture ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects ADA Access X A & E All All All All Bus Testing All Pre -Award And Post Delivery All Audits City protest procedures