HomeMy WebLinkAbout105888 VALMONT INDUSTRIES - PURCHASE ORDER - 9121762City of
,,.F\Ort Collins
PURCHASE ORDER
Date: 03/23/2012
Vendor: 105888
VALMONT INDUSTRIES
C/O MARKQUARDT HERBERT LIGHTIN
1044 SPEER BLVD
DENVER Colorado 80204-3947
PO Number Page
9121762 1 of 13
This number must appear
on all invoices, packing
slips and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS Colorado 80524
Delivery Date: 03/23/2012 Buyer: JOHN STEPHEN
N ote:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Traffic Signal Poles For Mason 1 LOT LS
As per bid 7345
PER TERMS AND CONDITIONS OF BID 7345
-30 Standard Mast Arm Length Quantity Unit Cost
-30 S-614-40A with 15' luminaire mounted at 30' 20 1 $ 9,445.00
S-614-40A with 15' luminaire mounted at 30' 25 2 $ 9,480.00
S-61440A with 15' luminaire mounted at 30' 30 5 $ 9,905.00
S-61440A with 15' luminaire mounted at 30' 35 5 $ 9,940.00
S-61440A with 15' luminaire mounted at 30' 55 1 $ 11,645.00
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
139,275.00
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES 1
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 1
3. ACCESS TO RECORDS AND REPORTS 1
4. FEDERAL CHANGES 2
5. TERMINATION 3
6. CIVIL RIGHTS REQUIREMENTS 5
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 6
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 8
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 8
10. BUY AMERICA 9
11. BREACHES AND DISPUTE RESOLUTION 11
12. LOBBYING 11
13. CLEAN AIR 13
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 9121762 110o113
Flirt Collins This number must appear
I�t-,J`_' ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making
lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, 'Disclosure Form to
Report Lobbying," in accordance with its instructions (as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been
modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et seq. )]
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file
or amend a required certification or disclosure form shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, certifies or affirms the truthfulness and accuracy of each statement of
its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of
31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
13. CLEAN AIR
Clean Air -
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
City of
Fit Collins
PURCHASE ORDER
PO Number Page
9121762 11 of 13
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to the
Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to
assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed
in whole or in part with Federal assistance provided by FTA.
14. CLEAN WATER REQUIREMENTS
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor
agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,
report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed
in whole or in part with Federal assistance provided by FTA.
15. CARGO PREFERENCE REQUIREMENTS
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned
United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for
dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of
loading for shipments originating within the United States or within 30 working days following the date of leading
for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of
-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient
through the contractor in the case of a subcontractor's bill -of -lading.) c. to include these requirements in all
subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment,
material, or commodities by ocean vessel.
16. FLY AMERICA REQUIREMENTS
The Contractor agrees to comply with 49 U.S.C. 40118 (the " Fly America" Act) in accordance with the General
Services Administration' s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of
Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed
international air travel and transportation of their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The
Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately
explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air
carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The
Contractor agrees to include the requirements of this section in all subcontracts that may involve international air
transportation.
c3. on�:se�
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City of 9121762 12 of 13
Fort This number must appear
,��`J`-' ` Collins�.J J on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
17. 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.
18. RECYCLED PRODUCTS
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the
Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the
regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the
items designated in Subpart B of 40 CFR Part 247.
19. ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et
seq . and DOT regulations, " Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37;
and Joint ATBCBIDOT regulations, " Americans with Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the
ATBCB' s " Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include
accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT
also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities
must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37.
20. 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, 2 nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a
copy of the procedures by emailing:
Purchasing@fcgov.com <maiIto: Purchasing@fcgov.com> or calling 970-221-6775.
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
Tota I
Invoice Address:
$139,275.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tarn and Conditions
Page 13 of 13
I. COMMERCIAL DETAII.S.
'1'u., exemption. By statute Ile City of Fon COBi s is exempt from state and local taxes. Our liscnrption Number is 1I. NON WAIVER.
98-04502. Federal E.xcisv I'ux Exemption Certificate 0f Registry 84-6000587 is registered onto the Collector of Failure of fie Purchaser rah insist upon strict perl"Ormance itf,he erns and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). caercisc any rights or fcmodies provided hcmiti Or by law, failure to promptly notify the Seller in the event of a
breach, file acceptance ul'or payment fur goods hereunder or approval of the design, shall nut rcicme the Seller of
Goods Rejected. GOODS REJECTED due Io failure to nhect specifications, either when shipped or due to deists of tiny of the 0urm sties or obligations at this purcbnc order and shall not be devilled a washer of only right of the
dung, in transit, may be ,coned to you fur credit and arc not to be replaced cseept upon mcclpt of written pmebaser at insist upon sb'ict pcdonnaam hereofur any off, rights or rcnmeias m to any such goods, mganlies.
instruction from the City of Fort Collins. III open shipped, received ur accepted, as to any prior or subsequent default he«vndeq nor ,[all] any purpuned
oral mditicution or emissim, of this purchase order ln'the Purchaser operate as to waiver ofany of the ern.
Inspection. GOODS are subject in the City of Fon Collins inspedian an arrival. hercof
Final Acceptance. Receipt on the merchandise, services or equipment in respm.e Io this order cat result its 12.ASSIGNMENTOF AN'I'I'IRUS'1' CLAIMS.
uuthodzed ps)'mem of fhc pan of the City of Fun Collins. however, it is m be understood tlml FINAL Seller and file Purchaser recognize that in actual economic practice, ovcrehargcs resulting from antitrom
ACCEPTANCE is dependent upon een,pletiun of all applicable required inspenion procedures. violation arc in fact hone by the Purchaser. Theretofore, for good cane and as consideration for executing this
purchase order, the Seller hereby wigs to the Puelmser any and all claims it tnuy now have or hereafter
Freight Term. Shipments must be P.O.B., City of Fun Collins, 700 \Vood St., Fort Collins, CO 90522, unless acquired under federal or State antitmst laws for such ovcrehargcs relating in the particular goods or services
other, is, specified no this alder. If permission is given to prepay lWight and charge separately, the original Height purehmed or acquired by the Pumh.scr pursuant to this purchase order.
bill must accompany invoice. Additional charges lot packing will not be accepted.
13. PURCHASERS PERFORMANCE 01: SELLERS OBLIGATIONS.
Shipment Distance. Where ...anufacmren have distributing points in various parts of the country, shipment is If the Purchaser eirvets the Scllcr to curreet nuneonlbmhing or dd'�dive goods by a date to be agreed upon by the
expected font the ncamm distribution point to ecstimation, and excess freight gill be deduced Gam Invoice when Purchaser and the Seller, and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments ore made from p,,at,, distance. may cause the work to be two by the mwt cxpcditious neon available to it. and the Scllcr ,hull pay all
costs asucimcd with such work.
Penuits. Seller shall prOcure at adlcn sole cot all necessary permits, cer ifieuns and licenses required by all
appy able laws, regulations, oNimnces and rules of the state, municipality, territory or political subdivision where
,I, vrml, is performed, m rc,.imd by any other duly cmotitt t d public authority having paisdictiau over the work
of vendor. Seller further agrees to hold the City .1' Pon C011ins hunnlvs frond and ogainst all liability and loss
incurred by them by reason of zn asserted or established violation Of any such Imes, regulations, ordinances, rules
and requirements.
Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full unit
complete authority to bind said panics.
LIMITATION OF PERMS. This Purchase Older expressly limits acceptance to the temu and conditions stated
heein set form and any slipph n cti ary Or additional terms and codition annexed hereto or incorporated herein by
mfcrcnec. Any additional m different real, and condition proposed by seller arc Objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to urke on your
promised delivery date as frond. Time is of file essence. We ivory and performance must be dlceted within the time
stated on the purchase order and the daeunents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of pani:d I:te deliveries, ,loll operate as to vroivcr.1 this provision. In the event ofay delay,
the Purchuser dull have, in addition Its other legal and equitable remedies, the option ofplacing this older elsewhere
and holding the Seller liable for damages. How,, ,, the Seller shall not be liable fur danugas as o result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
,Fell Feu OI GoJ, act of civil or mlliap' authorities, governmental priorincs, Ems, ,bikes, Ruud, epidemics, wars Or
not, provided that notice of the conditions causing such delay is given to the I'urchmer within live (5) days of the
time when the Seller tint received knowledge thereof. In the event of any such delay, the date of delivery shall be
,,tend d for the period equal no the time actually lost by reason efthe delay.
3. WARRAN IY.
The Scllcr marnnu that all gaces, articles, materials and work cuve«d by this order will common with applicable
drawings, specificlaions. shn.ply, ove/or other descriptions given, will be lit fat the purposes intended, and
periernied with the highest degree of curt and con,penmcv in accordance pith accepted standards for walk of a
molilar Future. 'I he Seller agrees m hold the purchaser harmless From any Iw, dumugc or expense which the
Purchaser umy Offer or incur on account of the Seller breach at warranty. "I he Seller shall replace, repair or make
gaud, without cost to the purchaser, any defects or faults arising o'ithin one (1) year or Within such longer period of
time n may be prescribed by law or by the one. ofa y applicable warranty provided by tI, Seller after the date of
acceptance of the gods furnished hereunder (acceptance not to be unreasonably delayed), resuhing from imparted
or defective work dune or materials furnished by the Seller. Acceptance or use of gouds by the Purchaser shall nut
constitute a waiver ofany claim under this w.m illy. Except as otherwise provided in this purchase older, the Sellers
liabiliy hereunder shall cmend to all damages proximately caused by the breach of any of fhc foregoing warranties
or guarantees, but such liability shall in no event include dos of prolit, or dos, Of use. NO IMPLIED WARRANTY
Olt MERCHANTABILITY OR OF FI"I'NESS FOR PURPOSE SHALL APPLY.
4. C'1 TANG ISS IN LEGA L'fERoot S.
The Plumbs er nay make changes to legal terns by wuiuem clung, order.
5. CHANGES IN CONINICKCIAL TERMS.
"fh, Purchaser may make any change, to the tennis, other than legal tern., including additions to or deletions from
the quantities originally ordered in the speeiticau.ns Or drawings, by verbal or written change order. If any such
change affects the amount due or the tittle• ofperfunnane, hctcunder, un equitable adjustment shall be nude.
6. TERMINATIONS.
The Puml.vv, may at any time by ,,inert change order, mnninme this agreement m to tiny or all portions of the
goods f uu, uOt shipped, subject to any equitable adjustnwnt bdoten the parties as to any work or uutcritds then it
progress provided that the Purchaser ,fall no, be liable for any claims for mnicipmed prods on the uncompleted
portion of the goods andlor work, for incidcnal or coucqucmial danhuges, and that no such udjustncm be made in
favor of fhc Seller with respect to any .& which are the Sellers standard stock. No such icrnhinution shall relieve
the Punhas,r or the Scllcrofaay oflhcir obligation, as to any faces delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment arm, be asserted within Ihiny (30) days From the date the change or mrinhel ion is
Ordered.
S. CONIPLIANC'E W I"I H LAW.
'IIll Scllcr wam uS that all good, old hereunder shall have been produced, sold, delivered wW furnished in strict
co ... pii..,, with all applicable laws and regulation to which the grads are subject. The Seller shall execute and
deliver such docwneut, as may be required Io effect urevidence eoulpiarec. All laws and regulations required to be
incorporated in agreement, of thi, character are hereby incorporated heroin by this reference. 'I Lc Seller agrees to
indemnify and [told the Purchuser hamt,s from all cots and danhags suffered by the Purchaser as n result of the
Sellers failure le comply with such lave.
9. ASSIGNMENT'.
Neither party shall assign, transfer, m cowry this order, far any ..ton to due or rut become due Lenard" wirhuut the
prior rawn consent addle oiler party.
10. TITLE.
"1'le Seller warrants full, dear and unrestricted tide uI the Purchaser for all equipment, materials, and itmns furnished
in performance of this agrccmcnt, free unit clear of any and all liens, restrictions. reservations, security interest
acunbmnces and claims of .de,.
'file Seller shall «lease the Purchaser and its comradoas of any tier front all liability and clan ... s of any nature
resulting lion tlm pcnonmmce of dutch work.
'I "his release shall apply cam in the even, of fault of negligence of the party released and shall extend to the
directors, olt1,,, and etupluyen of such piny.
'ILc Srllcr's contrucated obligations, including wunanty, shall not be dccmcd to be reduced, in ally say, because
such work is perforated or caused to be performed by tic Purchaser.
14. PATENT'S.
Whoever the Seller is required to use any design, device, nhaterial or process covered by letter, patent, trdemark
or copyrigit, the Scllcr shall indemnify and sate halullas the Pumha., from tiny and all lain, for infringement
by reason Of the use of such patented design, device, material Or process in connection with the contract, and
shall indemnity the Purchaser for any cost, expense or done _e which it may be Obliged to pay by reason of such
inliingement m any lime during the prosecution or ali,r the completion of the work. In case said equipment, or
any pan themol' or the intended use of the goods, is in such suit livid to constitute inlringancut and the use of
mid equipment or pun is enjoined, the Scllcr shall, at its own expense and at its option, either procure for the
Purchuser the right Io continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes nmainfringing.
15. INSOLVENCY.
If tic Seller shall bccune iu,Olvont ur bankrupt, mac on assigtutent for tic benefit atcreditms, oppron a
receiver or tru,tcc for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser withu n liability.
16. GOVERNING LAW.
'I'll, ddinitimu ofternu uxl or the interpretation of the agwouleal and the rights at all panics hereunder. shall be
construct under and governed b)'the Imes ofthe Sae ofColurado, USA.
The following Additional Conditions apply only its ease where Ile Seller is m pedonn week hereunder,
including the c,,iccs of Scllcrs Rolov,entuu,cG). ma it,, premises ofothcn.
17. SELLERS RESPONSIBILITY.
'I tic Seller shall cartel oil said work at Settees wen risk until the some is fully completed and accepted, and shall,
in case OI' any accident, destruction or injury to the work fo d/ur materials before Seller's final eonhpletiun and
acceptance, camplcic tic work nl Sellers .,vas cxpemc and to the satisfaction of the Pumhtscr. When mmcrial,
and cquipnem ore furnished by olhers fur installation or areckon by lie Seller, the Seller shall receive, unload,
store and handle mac at the site and become responsible therefor as though such materials and/or equipnant
were being rumished by the Seller under the order.
IB. INSURANCE.
'ILc Seller shall, al his men espene, provide for the payment of workers dmtpen vfimt including occupational
disease benelhs, to its employee, employed on or in cmmemon with the work eowend by this purchase order,
and/or to their dependent, in accordance with the Imes of the state in which the work is to be done. 'I he Seller
shall also carry con,pehenslvv general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injvp and death limits oral ]cast S300.000 for any one peno.I. $500,000 lira any
on, accident and propeny damage limit per accident el S400,000. The Scllcr shall liken iw require his
contrucon, it any, to provide for such eonpcnsulion and insurance. Before any Of the Sellers or his contractors
employees shall do any work upon the immias uf.th,., the Seller shall furnish ,ho Purchaser with a ccniticae
that such cunapenalion and insurance Lave been provided. Such certificates shall specify the date when such
ompon,atlnn and ill suralice have been pmvidcd. Such cenifema shall specify the date when such compensation
and insurance ,,,im, file Scllcr agrees that such compensution and insurance shall be maintained until alter tie
emirc work is completed and ....ped.
19, PRO "I E.CIION AGAINST' ACCIDENT'S AND DAMAGES.
'Ibe Seller he«'by ussuntcs the entire responsibility and liability fat any and all damage, loss ur injury ofatty kind
or nacre, hatsocver to persons or property caused by or resulting Runh the execution oflhe work provided for in
this purchase order or its connedl0ti herewith. I he Seller will indennify, and hold hann]ess fhc Purchaser and any
or all of the Purchnors ullicers, agents and employees from and against any and all claims, losses, danagn,
charges or expcnas, ,hail,,, direct ur indirect, and ,]tether to person or property It) which the Purchaser may
be put or subject by reason of any act, action, neg]ed, omission ur default on the part of the Seller, any of his
contractors, or ally of rile Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, Or its ulTicds, agents Or omployas at ally time on account or
by I'e,sm, of any act, action, neglect, omission or default of the Seller ofany of his contructon or city of its or
their 011iccn, agents Or engs . duyce ulewsand, Rile Scllcr hereby agrees to assume the defense thereof and to
defend hbc same at the Sellers own oxpau,c, to pay any and all costs, charges, attorneys Ices and Other vxpcnses,
any and all judgmevs that only 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 Oder lien be placed upon or
obtained against the properly of the Purchaser, or said parties in or us a result ol'sueh suits or other proceedings,
the Seller will at uncc cams, elm Sallie to be dissolved and discharged by giving bond or urherwiac. •I Ire Seller and
his contractors shall mice all safety precaution, furnish and install all guards necessary fur the prevention of
.evident,, comply w'ilh all laws and rc,.Ialicros with regard to safety including, but without limiohion, the
Occupational Sufety and I ICulllh Act of 1970 and all rules and regulations issued pursuant Iheeto.
Revised 03/2010
PURCHASE ORDER PO Number Page
City Of 9121762 z of 13
Fort
Collins
ollins This number must appear
\,� on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
14. CLEAN WATER REQUIREMENTS 13
15. CARGO PREFERENCE REQUIREMENTS 13
16. FLY AMERICA REQUIREMENTS 14
17. ENERGY CONSERVATION REQUIREMENTS 14
18. RECYCLED PRODUCTS 14
19. ADA Access 14
20. CITY OF FORT COLLINS BID PROTEST PROCEDURES 15
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to
that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify
the subcontractor who will be subject to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, 'Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority
of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49
U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify
the subcontractor who will be subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA
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 9121762 3 of 13
`t This number must appear
Collins1 on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.
Requirements for Access to Records and Reports by Types of Contract
-760 Contract Characteristics Operational Service Contract Turnkey Construction Architectural
Engineering <shading="10%"> Acquisition of Rolling Stock Professional Services
-760 1 State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital
Projects None None unless 1 non-competitive award Those imposed on state pass thru to Contractor
None Yes, if non-competitive award or if funded thru 2 5307/5309/5311 None None unless non-
competitive award None None unless non-competitive award None None unless non-competitive award
-760 II Non State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital
Projects Yes 3 Yes 3 Those imposed on non -state Grantee pass thru to Contractor Yes Yes Yes
Yes Yes Yes Yes Yes
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)
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 Citv directs.
(�.� C3. O✓le:sQ�
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 9121762 4 of 13
t Collins
number must appear Flir
,�-J`'- on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.
d. 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.
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 City Of R PO Number Page
9121762 15ol1l
6rt Collins This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(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.
(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)).
( If no separate contract goal has been established, use the following) The successful bidder/offeror will be
C3. Oi'tx:—�sL�
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///��� 9121762 s of 13
FortFort Collins This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.]
e. 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)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published
an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive
Order 12549, Debarment and Suspension , Executive Order 12689, Debarment and Suspension , and 31
U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or
exceed $25,000 as well as any contract or subcontract (al any level) for Federally required auditing services. 49
CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these
rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the
regulation as " covered transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to
verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not
excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a
certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a
change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities
they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent
covered transactions (i.e., the requirement flows down to subcontracts at all levels).
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 9121762 7 of 13
' `tThis number must appear
Collins1 on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that
contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to
verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR
29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply
with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by (insert agency name). If it is later
determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies
available to {insert agency name), the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this
offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
10. BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 53236) and 49 C.F.R. Part 661, which provide that Federal
funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are
produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general
waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15
passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment
and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R.
661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids
or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not
accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement
does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products
Certificate of Compliance with 49 U.S.C. 53230)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable
regulations in 49 C.F.R. Part 661.5.
Date
Signature
Company Name
Title
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City Of 9121762 s of 13
`t Collins
This number must appear
on all invoices, packing
;and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Certificate of Non -Compliance with 49 U.S.C. 53230)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49
C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or
53230)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
Certification requirement for procurement of buses, other rolling stock and associated equipment
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the
regulations at 49 C.F.R. Part 661.11.
Date
Signature
Company Name
Title
Certificate of Non -Compliance with 49 U.S.C. 53230)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and
49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 53230)(2)(6), or
53230)(2)(D), and 49 CFR 661.7.
Date
Signature
Company Name
Title
11. BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the
parties shall be decided in writing by the authorized representative of City's [title of employee]. This decision
shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails
or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The
decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the
decision.
Performance During Dispute - Unless otherwise directed by City, Contractor shall continue performance under
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 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
City of
,Fort Collins
PURCHASE ORDER
PO Number Page
9121762 9 of 13
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because
of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable,
a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first
observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in
question between the City and the Contractor arising out of or relating to this agreement or its breach will be
decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which
the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law. No action or failure to act by the City, (Architect) or Contractor
shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically
agreed in writing.
12. LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L.
104-65 [to be codified at 2 U.S.C. § 1601, et seq. ]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31
U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing
regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that
contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure
Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as
amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is
mandated by 49 CFR Part 20, Appendix A.
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-
65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more
shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -
Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures
are forwarded from tier to tier uD to the reciDient.
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 ll, 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