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Home My WebLink About103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9122843PURCHASE ORDER PO Number Page City Of 9122843 ' of 7 ' ` This number must appear F6rt Collins1 ' on all invoices, packing slips and labels. Date: 05/1712012 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS "CIS'" Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 05/17/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price earthwork Maintenance Facility 1 LOT LS 3,365.50 In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal clauses apply to this purchase order. 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES (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 (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 C3. O!le�-aQ� 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 39) Cost Analysis Required Cost analysis and profit negations were performed (initial award and modifications) And documented for price reasonableness YES IN FILE was established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. 40) Evaluation of Options The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. (To be NA eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 42) Written Record of Procurement History The file contains records detailing the history of this procurement. At a minimum, these records include: (1) the rationale for the method of YES procurement, (2) Selection of contract type, (3) reasons for contractor selection or rejection, and 4 the basis for the contract price. 43) Exercise of Options The grantee exercised an option on this contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better NA than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes The grantee amended this contract outside the scope of the original contract. The amendment was treated as a sole source NA procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions The contractor did not receive an advance payment utilizing FTA funds and the contract NA does not contain advance payment provisions _ or, if it did, prior written concurrence was obtained from FTA. 46) Progress Payment Provisions The contract contains progress payments based on costs incurred (as opposed to percent of completion) and the contract contains a provision giving the grantee title to CITY STREETS PAID AFTER property (materials, work in progress, and WORK WAS COMPLETED. finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts This is a time and materials contract; the grantee determined that no other type of PURCHASE ORDER contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost This is not a cost plus a percentage of cost CORRECT type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages provisions and the assessment for damages NA is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking 1) The file contains: Assignability provisions. NA 2) The procurement file contains: Price reasonableness determination. 56) Clauses This contract contains the appropriate FTA YES required clauses. Excluded Parties Search CITY OF FORT COLLINS EPS run and include in the file. STREETS COMPLETE THE WORK. �1zzSg3 Independent Cost Estimate Date of Estimate: 1-Mar-12 Contract Type: P.O. Existing Contract or PO (Y/N): N Description of Services (B): Provide all labor, materials and equipment to shape a berm on the South end of the property and clear and grub shrubs and trees on the North end, as well as fill in an old irrigation ditch in order to be able to transplant trees from other locations on the site, in preparation for construction of the new South Transit Center. I have obtained the following estimate from; Engineering or Techincal Estimate (performed by): Ron Kechter, P.E. Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Services, Repairs, or Non -Standard Items Item/Task: Earthwork at the South Transit Center Materials or Work Description Other Direct Costs Labor/Equipment Rate ($) Hours/ Tons Labor Class TOTAL Equipment Operators (3) Motor Grader $ 45.00 $ 90.00 72 2 Equipment Op. NIA $ 3.240.00 $ 180.00 Loader w/ Tree Clam $ 55.00 4 WA $ 220,00 Loader $ 55.00 8 WA $ 440.00 Backhoe $ 55.00 4 WA $ 22.0.00 Skid Steer $ 40.00 4 WA $ 660.00 Du m Truck $ 40.00 4 WA $ 160.00 Fill Dirt $ 3.00 75 WA $ 225.00 Total $ 4,845.00 Signature of Preparer: �R 0Y1^ I ,_,p � % Ron Kechter Facilities Project Manager Sole Source Justification and Cost Analysis for Utilizine the City Streets Department for Earthwork at the Transfort Maintenance Facility Expansion The contractor who was awarded the contract for Tree Transplanting for the MAX BRT corridor, as well as the South Transit Center (STC) and the Tranfort Maintenance Facility Expansion (TMFE) was scheduled to transplant the trees from the corridor first, but utility interferences were discovered at the time the first trees were to be transplanted from the corridor. We had to immediately shift gears to accomplish the transplanting at the TMFE and STC fast instead. In order to accomplish this transplanting, earthwork had to be done at the TMFE in order to transplant the trees to the locations specified and get them out of the footprint of the expansion. In an effort to do this expediently we turned to the City Streets Department to accomplish these tasks immediately, since we did not have time to bid out this small amount of work. The City Streets crews responded the next day and were able to accomplish the significant cuts through berms on the North side of the Training Apron for the TMFE so that we did not delay the Transplant Contractor at all. This earthwork enabled us to transplant the trees at the elevations shown on the final plans. The invoice for this work from the Streets Department is deemed to be fair and reasonable when compared with the Independent Cost Estimate prepared for this work. Invoice Follins f� Page 1 Customer: CITY OF FORT COLLINS FACILITIES Invoice Number: 57287 Customer Number: 212841 Invoice Date: 3/27/2012 Invoice Due Date: 4/26/2012 Company Number: 00292 Remit To: CITY OF FORT COLLINS 117 NORTH MASON STREET P.O. BOX 580 FORT COLLINS, CO 80522-0580 Please Return the Enclosed Copy with your Payment Item Description Charges 001 TRANSFORT EXPANSION Balance Due 3,365.50 3,365.50 �k �C) �tlZ3/ IZ Approved for Payment s/"�it2 Terry Tyrrell 7crl Mason Corridor Project Manager LCoc iO3Z . y0. 97) APP V D Erika R. Keeton, .E. C" �t City of Fort Collins lns Engineering Department Exceptions as noted TERMS AND CONDITIONS Payment is due within 30 days of the invoice date. If you have any questions, please contact ddaugaard@fcgov.com or call 6764, Y DepartmentCityof Fort Collins Streets -d Statement a!(K- erlDy >Workl7cdgrLocatign,r 'r + Y? y PrgJgcf �, 163106 TRANSFORT EXPANSION 'Gost_CmerTiame _, a _ContactName� ' v,c rCusfdm$tAlumb7� ----------------- OPERATION'• 3/27/2012 102/28/2012 102/28/2012 1 CLOSED I Y LEN- ,_R7 Work,Ordej Descnptiori8lnsiructwns r,;r,; 1 Description:60105 • PROJECTS 7+.szf C '�2U' Fa �•a �v�4'`'-.«i+S»��`is wr:�7'..a,-�t+r�w'bo-•.:cAn,.:�m:f`S ,.y"�.._s..�t,.r Ldtlafli+. ,:�.a d.,F..a�... _u.a�-..,:1a�: Description CREW CHIEF EQUIPMENT OPER- STRTS/TRAFFIC SPECIALIZED EQUIP OPERATOR I STREETS EQUIPMENT OPERATOR I STREETS EQUIPMENT OPERATOR II Total Labor Hours Labor Hourly rat COST 3.00 51.00 153.00 13.00 45.00 585.00 13.00 37.50 487.50 8.00 37.50 300.00 15.00 45.00 675.00 2,200.50 CA�+'1..J:h�'�` r•n^�k,�>�l`�s��..Er�hF'. ?,._ e.�r:..,:' �- � 1VIdtErla151 i�v:. �i.'rv', _. �i ?fir.. a n. - - Quantity Cost Per Unit Extended Cost Total Material Cost UNITSREQU 621 CASE LOADER 1.00 99 FORD PICKUP 1.00 BACKHOE 1.00 Total Equipment Hours Cost Per Hour 10.00 55.00 550.00 1.00 10.00 10.00 11.00 55.00 605.00 1,166.00 Page 1 of 1 _... ,I,� a .•tea" r^.. _-`'.•r...�rt.�"....>,-sr"i�a,� _¢::5,.-� a _?'v7.`=.".�` 'Y_:'�`a_�`1.EQi��".n._'"r...,,5_..... �.'�:sar._. �a.�i"-•"�'r.�„r'�_'.:�.1�2x. of Fort Collins Independent Cost Estimate Transfort Maintenance Facility Expansion Earthwork Date of Estimate: 1-Mar-12 Contract Type: P.O. Existing Contract or PO (Y/N): N Description of Services (B): Provide all labor, materials and equipment to remove significant portions of existing berms on the North end of the Tranining Apron for the Transformt Maintenance Facility Expansion in order to be able to transplant trees from the footprint area of the building expansion, in preparation for construction of the Transfort Maintenance Facility Expansion. 1 have obtained the following estimate from; Engineering orTechincal Estimate (performed by): Ron Kechter, P.E. Cost Estimate Details: (Estimate calculated in US Dollars) B - Cost of Services, Repairs, or Non -Standard Items Item/Task: Earthwork at the Transfort Maintenance Facility Materials or Work Description Other Direct Costs Labor/Equipment Rate ($) Hours/ Tons Labor Class TOTAL Equipment Operators (3) Loader $ 45.00 $ 55.00 48 8 Equipment Op. WA $ 2,160.00 $ 440.00 Backhoe $ 55.00 8 WA $ 440.00 Skid Steer $ 40.00 8 N/A $ 320.00 Pickup $ 10.00 8 WA $ 80.00 Total $ 3,440.00 Signature of Preparer:( p.—y ,� _ Ron Kechter Facilities Project Manager Sole Source Justification and Cost Analysis for Utilizing the City Streets Department for Earthwork at the South Transit Center The contractor who was awarded the contract for Tree Transplanting for the MAX BRT corridor, as well as the South Transit Center (STC) and the Tranfort Maintenance Facility Expansion (TMFE) was scheduled to transplant the trees from the corridor first, but utility interferences were discovered at the time the first trees were to be transplanted from the corridor. We had to immediately shift gears to accomplish the transplanting at the TMFE and STC first instead. In order to accomplish this transplanting, earthwork had to be done at the STC in order to transplant the trees to the locations specified that were outside of the construction footprint. In an effort to do this expediently we turned to the City Streets Department to accomplish these tasks immediately, since we did not have time to bid out this small amount of work. The City Streets crews responded the next day and were able to accomplish the construction of a small berm on the South end and clear and grub shrubs and trees on the North end, as well as fill in an old irrigation ditch, so that we did not delay the Transplant Contractor at all. This earthwork enabled us to transplant the trees at the elevations shown on the final plans. The Invoice for the work performed by the Streets Department is deemed to be fair and reasonable, when compared to the Independent Cost Estimate prepared for this work. City of F6rt Collins Page 1 Customer: CITY OF FORT COLLINS FACILITIES Invoice Invoice Number: 57264 Customer Number: 212841 Invoice Date: 3/21/2012 Invoice Due Date: 4/20/2012 Company Number: 00292 Remit To: CITY OF FORT COLLINS 117 NORTH MASON STREET P.O. BOX 580 FORT COLLINS, CO 80522-0580 Please Return the Enclosed Copy with your Payment Item Description Charges 001 SOUTH TRANSIT CENTER 4,391.37 Skce.e� S O Balance Due 4,391. t7 Approved for Payment S/�rf(Z Terry Tyrrell 7%xl Mason Corridor Project Manager aPA O E Erika R. Keeto , P.E. rxrd City of Fort Collins FOr- . Engineering Department 0 Exceptions as noted TERMS AND CONDITIONS Payment is due within 30 days of the invoice date. If you have any questions, please contact ddaugaard@fcgov.com or call 6764. Cityof Fort Collins Streets Department Itemized Statement 163164 SOUTH TRANSIT CENTER ��a�11el�Vame,�`�u<c�`"`,--�/��•`-`- "P:��.�� G3`ntac�Ajame��,_�,z�-�-`:�,,Cr-ttsio a'm�.�. OPERATION •._O 3/21/2012 Description:50105 03/08/2012 BILLED u Description Hours Labor Hourly rat COST EQUIPMENTOPER- STRTS/TRAFFIC 21.50 45.00 967.50 STREETS EQUIPMENT OPERATOR 1 21.50 37.76 811.87 STREETS EQUIPMENT OPERATOR 11 .30.50 45.22 1,379.25 Total Labor 3,158.62 Quanti Cost Per Unit Extended Cost FILL DIRT FILL DIRT FROM CRUSHER 72.75 1.00 72.75 Total Material Cost 72.75 UNITSREQU Hours Cost Per Hour 140M BLADE 1.00 2.00 90.00 180.00 1995 NAVISTAR 2554 1.00 5.00 30.00 150.00 2012 Bobcat Skid Steer 1.00 4.00 40.00 160.00 590 CASE BACKHOE 1.00 4.00 55.00 220.00 621 CASE LOADER 1.00 8.00 55.00 440.00 99 FORD PICKUP 1.00 1.00 10.00 10.00 Total Equipment 1,160.00 Page 1 of 1 PURCHASE ORDER PO Number Page C117/ Of9122843 z °f 7 `t Collins This number must appear ` " on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractors records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a 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. 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 PURCHASE ORDER PO Number I Page 9122843 1 3 of 7 ' `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 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, C3. Oi'l�:stQ� 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 Of9122843 a of 7 `t CollinsCThis number must appear ` " on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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)). 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 C3. O✓l�<-u4 � City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 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 City Of PURCHASE ORDER PO Number I Page 9122843 1 5 of 7 `t Collins oll i ns This number must appear ` 1 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. 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. 2 earthwork STC 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 1 LOT LS 4,391.37 Total $7,756.87 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City. Of 9122843 s of 7 F^r} Collins n C This number must appear / .!"_\�J`' ` ` J on all invoices, packing slips and labels. 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 Purchase Order Ternis and Conditions Page 7 of 7 I. COMMERCIAL DETAILS. Tax escalations. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption, Number is 11. NON WAIVER. 95-04502, Federal Excise Tax Exemption Ceniltcate of Registry 84-W W587 is registered with the Collector of Failure of the Porchaser to insist upwn strict performance of the terns and conditions hcrcoL failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starnes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided hetem or by law, fail... to aconcept], notify the Seller in the event of u breach, the acceptance of Or payment for goods hcrcunder or approval of the design, shut] not Meow, the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specilicaticam, either when shipped or due to defects of any of doe --aeries or obligations of this purchase older and shall not be deemed a waiver of any right of the damage in Vamie. may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of a'hvm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported amp modification or ..scission of this purchase order by the Purchaser operate as a waiver of uny of Mc terms Inspec,lon. GOODS are subject to the Cityof Fon Collins inspection on arrival, thereof Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENI" OF ANT] rRUS'I' CLAIMS. unflurized payment un the pan of the City of [on Collins. However, it is to be umderstaOd thin FINAL Seiler and dal Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are 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 Terns. Shipments must be F.O.R., City of Fort Collins, 700 Wood St., Fell Collins, CO 80522, unless acquired under federal or stale antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pemissimt is given to prepay freight and charge sepxraely, the original freight purchased or acquired by the Pumhaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, ship .ncar is If the Purchaser directs the Seller to correct nonconforming or defective goods by a dale to be agreed upon by the expected from the neatest distribution point t0 destination, and excess freight will be deducted final Invoice when Purchaser aad the Seiler, and the Seller thereafter indicates its iabi[hy or unwillingness to comply, the Purchaser sit 1pmcros are made Item greater distance. may cause the work to be performed by the nmst expeditious means ovailuble to it, and dal Seiler shall pay all costsaysocided with such oink. Pertains. Seller shall procure at sellers sole cost all ,ucnsnry p,mits, cenilicates and licenses required by all applicable laws, regulations, ordinances and talcs office state, municipality, territory o1 political subdivision where the work is perfomed, or required by any other duly constituted public authority having jurisdictions over the work of vendor. Seller further agars to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reasons of an asserted or established violation of any such laws, regulations, ordinances, mles and requirement. Aurhonzalion. All panics to this contract agree that the represcnWtives are, in fact, bona tide and possess full and con,piece authority to bind said panics. LIMITATION OF PERMS. This Purchase Order expressly limits acceptance to the Terms and conditions sued herein set tort and any supplementary or additional tarn and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are 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 of the essence. Delivery and performance must be effected within the time stated on the purchase older and the doaunents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial pate deliveries, shall operate as a waiver of this provision, la the event ufuay delay, the Purchaser shall 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 non be liable for damages :s a revel, of delays du, to causes net reasonably foreseeable which are beyond is reasonable control and without its lash of negligence, such acts of God, acta of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or rids provided flint notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller first received know ledge thereof. In the even, of any such delay, the date of delivery shall be cxended for the period equal to the time acridly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, nuedala and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be pit to, the purposes intruded, and performed with the highest degree of care ..,it competence in accordance with accepted standards for work of u similar metric. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Putrhacr may salter or incur on acwum cifth, Scllcm breach of wurmnly. The Scllcr shall replace, repair or make goo. wilhou, cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of Time as may be prescribed by paw or by the terms of any applicable warranty provided by the Seller utter the date of acceptance of the goods famished hereunder (acceptance nut to be unreasonably cidayed), resulting front inspertlect or defective work dune or rmerlas famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ufmry claim under this warm nty. Except a, otherwise provided in this purchase code,, the Sealers liability hereunder shall extend to all damages proximately caused by the bmaeh of any of the foregoing warranties or goomnrces, but such liability shall in no event include lass of profits or puss of use. NO IMPLIED WARRAN"I'Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. I"he Purchaser may ends, chmages to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Term, other than legal terns, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perlonnuneo hereunder, an equitable udjustnic rt shall be node. 6. TERMINATIONS. The Pit... may set any time by written clung. order, Terminate this agreement as to any Or all portions Of tile goods then not shipped, subject to any equitable adjustment between the panics us to any work or materials then in progrov provided the, the Pumhaser shall no, be liable for any chins for unticipated profits on the uncomptefed portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seliv, with v,Paa ro any goods which are the Sellers standard stark. No such temminatiun shall relirve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUS'I'MENI'. Any claim for adjustment must be asserted within thirty (30) days font the date the Chem', or tenninalion is ordemd. S. COMPLIANCE WITH LAN'. The Seiler warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with oil applicable paws and regulations to which the goals are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All paws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser homeless from all cuss and danuges suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT, Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other puny. 10. TITLE. I he Seiler warrants full, clear and unrestricted tine to the Purchaser for alp cquipmcnt, materials, and items fumishcd in performance of this agreement, free and clear of any and all pions, restrictions, rescnmime, security interest encumbrances and claims Of others. The Seller shall release the Purchaser and its contractors of any pier from all liah i lily and claims of any nature resulting fnuu the performance of such work. This release shall apply even in the event of hull of negligence ul'the party released and shall extend to the directors, officers and employees of such party. The Sel lees contractual obligations, including wcounty, 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. Whcnncr the Seller is rvquiced to use uicy design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Pmcha,cr from any and all claims for in fringe n,cut by concert of the use of such patented design, device, material or process in connection with Cite contract, and shall indenture fy the Purchaser for any cost, cxpcnsc or damage which it may be obliged to pay by reason of such inRingcmcat at any time during the prosecution or after the completion of The work. hi case said equipment, or any pun thereof or the intended sea of be goods, is in such suit held to constitute in fringctnenl and the use of said equipment or part is enjoined, the Seiler shall, at is own cxpcnsc and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the sans, with substantially equal but nonintiinging equip real, or modify it so it becomes noninitinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benetit of creditors, appoint a receiver or trustee for any at the Sellers property or business, this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dclinilma, of terns used ur the innetprctation office agreement and the rights ufull parties hereunder shall be construed untie.and governed by the laws afthe State of Culomde, USA. The fnituMng Additional Cnndifion, apply only in cases where the Seiler is to perl'unn work hereunder, including the services of Sellers RcprescnUtn e(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Scllcrs on risk until the same is fully completed and accepted, and shall, in case of any accident, i cvmetion or injury to The work and/or materials before Seller's final completion and acceptance, complete the work a, Seller's own expense and to the sativLa lion of the Purchaser. When materials and equipncnt arc furnished by others for installation or erection by the Seller, the Scaler shall receive, unload. stare and handle same set the site and becom,c responsible therefor us though such mmeria]s and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own eapcne, provide for the payment of'worken compensation, including occupational disease benefit,, to is employees employed oil or in connection with the work cm'cred by this purchase order, and/or to their d lfendens in acaudanmc with the paws of the state in which ,he work is to be done. The Seller shall also carry comprehenive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit ofar least S30QW0 for cry one poem. S500,000 for any one accident and property damage limit per occident of S400,000. The Seller shall likewise require his conuoaOn. ifany, to provide for such cun,pensation and insurance Before any of llte Sellers or his contractors en,pluyec, shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate Ihat such cempcasmion and insurance have been provided. Such cenipicales shall specify the date when such compensation and insurance have been provided. Such cenifica,es shall specify the date when such compensation and insurance expires The Seller agrees its, such compensation and insurance shall be maintained ..,if afro the entire work is completed and accepted. 19. PRO'1'ECI'ION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assmnes the entire v,p m,drifry and liability for any and all dauge, loss or injury ofuny kind or nature whatsoever to persons Or property caused by or resulting from the execution of the week provided for its this purchase order Or in connection herewith. The Seiler will indemnify, and hold handless tie Purchaser and any or all of the Purchasers officers, agents read employees from and against any and all claims, losses, damages, charges or exposes, wh,thcr direct or indirect, and whether to persons or property, to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pm of the Seller, any of his commences, or any of the Sellers or contractors officers, agents Or employees. In case say suit or other proceedings shall be brought against the Purchaser, or its oltiecn, agents or employers at any time on account or by reason of any sea, action, mgIvel, emission or default of the Seller of any of his contractors or any of its or their officers, agents or empluyccs as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same set [lie Sellers man expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against ,lie Purchaser or any of is Or ,heir officers, agents or empluyccs in such suits or other proceedings, and in case judgarvnt or other lien be placed upon or Obtained again,, the propcny ol'lite Purchaser, or said panics in or as a result of such suits or other proceedings, the Scllcr will aI tame cause the same to be dissolved and discharged by giving bond mothcrwise. The Seller aad his contractors shall take all safety ptecuuticens, furnish and insult all gourds necessary for the prevention of incident, comply with all Ines and regulations with regard to solely including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and ecgulutime; issued pursuant Thereto. Revised 03R0IU Title: Earthwork @ Maintenance Facility Date: 5-17-12 `p(D 9 (z-,> 9,cf3 CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an YES IN FILE independent cost estimate before receipt of proposals. 10) Unnecessary Experience and Excessive Bonding Unnecessary experience and excessive NO bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause NO that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action There was no arbitrary action in the procurement process. (An example of arbitrary action is when award is made to NO other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that NO offerors must provide. When using a "brand name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 14) Geographic Preferences The solicitation contains no in -State or local NO geographic preference except where Federal statutes mandate or encoura a them. 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior NO written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business 'ud ment. 18) Award to Responsible Contractor The City made a determination that it was awarding to a responsible contractor considering such matters as contractor integrity, compliance with public policy, record YES of past performance, and financial and 1.Y technical resources. 2. Y 1. Appropriate Financial, equipment, facility and personnel. (Y/N) 3. Y 2. Ability to meet delivery schedule. (Y/N) 4. Y 3. Satisfactory period of performance. (Y/N) 5. Y 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from vendor. (Y/N) 19) Sound and Complete Agreement This contract is a sound and complete agreement. In addition, it includes remedies PURCHASE ORDER for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete Specification A complete, adequate, and realistic specification or purchased description was YES available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 38) Sole Source if other Award is Infeasible The contract file contains documentation that award of a contract was infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: #3THERE WAS A CHANGE IN (1) The item was available only from a single TIMING FOR TRANSPLANTING source. (Verify prices are no higher than price TREES. WORK HAD TO BE for such item by likely customers.) ACCOMPLISHED WHILE THE (2) Public exigency for the requirement did TREE CONTRACTOR WAS not permit a delay resulting from a competitive solicitation. HERE OR THE COST WOULD (3) An emergency for the requirement did not BE MUCH GREATER AND THE permit a delay resulting from a competitive TREE SURVIVAL WAS AT RISK. solicitation. (4) The FT A authorized noncompetitive negotiations. (5) Competition was determined inadequate after solicitation of a number of sources. �2��, "� " �// o w � — -c v� /1