HomeMy WebLinkAbout490347 M & E PAINTING - PURCHASE ORDER - 9123114PURCHASE ORDER PO Number Page
City Of
9123114 1 of 12
Fort Collins
This number must appear
on all invoices, packing
slips and labels.
Date: 05125/2012
Vendor: 490347
Ship To: OPERATIONS SERVICES
M & E PAINTING
CITY OF FORT COLLINS
540 W 66TH ST UNIT B-1
300 Laporte Avenue
LOVELAND Colorado 80538
Building B
FORT COLLINS Colorado 80521
Delivery Date: 05/25/2012 Buyer: JAMES HUME
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Transfort 1 LOT LS 4,908.00
Paint roll -up doors to specs.
per RFQ 05032012, Attn: Anthony Garrelts
Some or all of the following Federal clauses apply to work conducted under this agreement for the City of Fort
Collins Transfort department.
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to
that contract) pertaining to any matter resulting from the underlying contract.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
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.
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 OfCollins
�� 9123114 10 of iz
I l' ns This number must appea
Fort
CO` r
,_J,-',—` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
of eligibility -
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who
has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to
any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for
unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this
section the contractor and any subcontractor responsible therefore- shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for
each calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)
of this section.
(3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the contractor under any such contract or
any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may
be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
12. SEISMIC SAFETY REQUIREMENTS
Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed
and constructed in accordance with the standards for Seismic Safety required in Department of Transportation
Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation.
The contractor also agrees to ensure that all work performed under this contract including work performed by a
subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the
certification of compliance issued on the project.
13. 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.
14. 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
9u__� Q. 0YIu-9Q 2_�F_
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///��� 9123114 11012
Fort
Collins This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
items designated in Subpart B of 40 CFR Part 247.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Total
Invoice Address:
$4,908.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchasc Order Terns and Conditions
Page 12 of 12
I. COMMERCIAL DETAILS.
Tn.v esenrpt ions. By statute the City of Pon Collins is exempt from state and Instil taxes. Our Exemption Nit mmher is
98-0W502. Federal Excise Tan Excurpdirn Certificate of Registry 84-ii(XII 7 is registered with the Collector of
Internal Revenue. Denver. Cnlomdo (per Colorado Revised Statutes 1973, Chapter i9.26, 114 un,
Goods Rejected. GOODS REJECTED due to failnrc to nmct specifications, either when shipped or due to defects of
damage in transit may be fcmmed to you for credit and arc not to be replaced except upna rcccipt of wriucn
instructions from the City ofFort Collins.
Inspection. GOODS are subiml to the City of Fort Collins inepre inn on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the erms and conditions herurf. failure of delay In
exercise any rights or remedies provided herein or by law. Failure to promptly notify the Seller in the even, of n
hrcach, the neeeptmmc ¢for paymcma for goods hereunder or approval of the design. shall not rclense the Seller of
v of the warranties or obligations of this purchase order and shall na, be deemed a waiver of any right of the
purchaser to insist upnn strict perfor mane hcrenfor any of its rights of remedies as to any such goods. regardless
of when shipped, received or accepted, as to any prim or %abscquent default heramdef. nor shall any purported
Onl modification or resiaira of this purchase order by ribs Pu¢hascr operate as a wirier of tiny of the terns
hcrcnf.
Final Acceptance Receipt of the ro mhrndise, services or equipment in response to this order can result in 12. ASSIGNMENT OF: ANTITRUST CLAIMS.
authorized payment no the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspemion procedures. violations are in fact home by the Purchaser. Theretofore. for good cause and as considemtion for executing this
purchase order. file Seller hereby assigns in the Purchaser any and all flaunts it may now have or hcrca er
Freight Terms. Shipments must he F.O.R., City of Fen Collins. 700 Wood St.. Fort Collins. CO 80522. unless acquired under federal or state nn,ifmst Imes for such overcharges relating to the panimdar goods or services
.the, ise specified on this fader. If permssion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany minter. Additional charges far parking will not be accepted.
Shipment Distance Where mane Fachmrcrs have distributing points in various pans of the country, shipment is
expected fmm the nearest distributing point to destination. and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seder shall pressure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, ngol.tions. ordinances and mlcs of the state, municipality. tern my or political subdivision where
the work is rimmed. or required by any other duly constituted public authority having jndsdiction over the work
of vcodur. Seller further agrees to hold the City of Too Collins harmless fmm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such Imes. regulations, ordinances, rules
and rcquiremcnts.
Amhnrization. All panics to this contract agree that the representatives are. in fact, bran file and possess full and
complete authority, to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Iemt% and conditions stated
herein set forth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by
reference Any additional or different terms and conditions proposed by sclim me nbiceted to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised dcli,ery date as macs. Time is nfthc essence. Delivery and performance must be effected within the time
stated on the purchase order and the dmoments attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall mN al, as f waiver of this provision. In the event ref any delay.
the Purchaser shall have, m addition to other legal and equitable remedies, the option of pFacing this order ckewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of dclnys
duc to causes not reasonably foreseeable which are beyond its rcosmuldc control and without its fault of negligence.
such acts of Ged, acts of civil or military authorities, governmental primilies, fires, strikes. Flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchiser within five (5) days ofthc
time when the Seller first received knoavlcndgc thereof. in the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
1, WARRANTY.
The Seller warrants that all gents, anicles, mmcrials and work covered by this order will confum, with applicable
drawings, specifications, samples and/or other descriptions given. will be fit for the parpnscs intended, and
perfmmN with the highest degree of care and competence in accordance with accepted strndards far work of n
similes nature. The Seller agrees to hold ,he purchaser hamdcss Form any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers broach of wartanfy. The Scller shall replace, repairer mike
grad, without cost to the f urchascq any defects or faults arising within one ( I) year or within such longer period of
time as may be prescribed by law or by the ,arms crafty applicable wromnty provided by the Salter nOcr the date of
acceptance of the goads furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall no,
constitute a waiver ofany claim under this warranty. Except as otherwise prm'ided in this purchase order, the Sellers
liability hereunder shall esfend to all damages proximately caused by the breach of any of the foregoing %vnmmics
or guamntces. but .such liability shall in no Licari include loss of profits or loss of use. NO IMPLIED WARRANTY
OR ME.RCIIANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CIfANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
,he gmmemilu, original, ordered in the spceificannn, of droving,, by verbal or .wriucn change order. If any such
change affects the amount due or the time of perfomminec hereunder, in equitable adjustment shall be made.
fi. TERMINATIONS.
The Purchnscr may at any time by written change order. terminate this agreement as to any or all potions of the
goods then not shipped, %object to any equitable adjustment between the Panic, is to any work or materials then in
pmgocss provided that the Purchaser shall not be liable for any claims for anticipated pmtis no the uncompleted
poninn of the goods anther work, for incidental or consequential damages, and thin no such xdbtsmcat he made in
favor of the Seller with re%Peel to any goods which are the Sellers standard stock. No such temrinalion .shall relieve
the Purchaser or the Seller of any of their obligations as to any gaud,delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment miss, he asserted within thirty (30) days from the date the change Or nomination is
ordered.
A. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and finished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
dclivcr such doeumcnn as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllcr agrees to
indemnify and hold the Purchaser harmless From all costs and damages 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 become due hereunder within the
prior written consent of the other pony.
10. TITLE.
The Seller warrnts full, clear ind unrestricted title to the Purchaser final; equipment materials, and items f raishcd
in performance of this agreement. fine and clear of any and ill liens, restrictions, rcncnmtions .security intme%I
encumbrances and claims of others.
U. PURCfIASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchiscr and the Seller, and the Seller thereafter indicates its inability or unwillingness In comply, the Purchaser
may cause the work to be performed by the most expeditirnms means mailable to it and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser nod its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall estend to the
directors. officers and employes, ofsuch party.
The Seller's contractual obligations, including wamanty, shall not he deemed to he reduced, in any way, becansc
such work is performed or caused to be performed by the purchaser.
14. PATENTS.
Whenever the Seller is required to use nay design. device, material or process coocrcd by letter, patent, trademark
or copyright. the Seller shall indconifv and save ham lcss,he Purchaser from any and all claims for infringement
by reason of the use of such procured design, dn'ice. material or Process in connection with the contract, and
shall indemnify the Purchaser far any cost, expcnsc m damngc which it niav be obliged to pay by reason of such
infringement at any time during the pmsccutian or ancr the completion of the work. In case said equipment. or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its torn cxpcnsc and it its option, either prncnrc for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninlringing equipment, or modify it so it becomes noninlringing.
15. INSOLVENCY.
If the Seiler shall become insolvent in hankntpn, make tin assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Scllcrs Pmperdy Or hisincss, this order may forthwith be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definitions of temu used or the interpretation ofthe agreement and the rights ofall panics huctiodcr shall be
reasoned under and governed by the laws ofthe Slate of Cnlomdo, USA.
The following Additional Conditions apply only in eases where the Seller is to perform work hereundrr,
including the scniccs of Scllcm Representafve(s), on the prcnriscs ofothcts.
17. SELLERS RESPONSIBILITY.
The Scllcr shall cony on said work it Sellers own risk until the same is filly completed and accepted, and shall,
in case of any accident. destruction or injury to the work told/or materials before Seller's fnml completion and
,acceptance. complete the work at Seller's own expense and In the satisfaction of the Pnrehuser. When materials
and equipment are furnished by others for installatinn or erection by the Seller, the Seller shall receive unload.
store and handle sane at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
I R. INSURANCE.
The Seller .shall, at his torn expense, provide for the payment of workers compensation. including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase Order.
,and/or In their dependents in accordance with the laws of the state in which the stir, is to he done. The Sclicr
shall also carry comprehensive general liability including. but not limited to, contractual and automobile public
liability insurance with bodily ipiary and death limits of tit least 5100,000 for any one person. $500,000 for any,
one accident and pmperty damage limit per accident of S400,000. The Scller shall likewise reform his
enntmetors. if any. to provide for such compensation and insurance. Helore any of the Sellers or his contractors
enmpinrecs shell do any work upon thq,no6se, nfmhers. the Scller shall furnish the Pnmhasm with a ecnificxtc
that such compfnsnlion and insurance have been provided. Such certificates shall ,specify the dale when such
compensation and insurance have been provided. Such certificates shall specify the dam when such compensation
and insurance expires. The Seller agrees that such compensainn and insurance .shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage loss Or inhmry crafty kind
or nalure w1u sacs er to pesons or progeny caused by or resulting form the execution ofthc work provided for in
Buis purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Parchascrs Mcm. focus and employees for... and against any and all dnirm losses, damngc,,
charges or expenses, windier direct Or indirect. and whether in persons or property to which the Pnrehasm may
be Put or adrjrm by reason of any act, action, neglect, omission or def aft on the part of file Seller, nay of his
contractors, or any of the Sellers or contractors officers. agents or employees. In case any suit or other
proceedings .shall be brought against the Purchaaq or its raisers. agents or employees at any time tin account or
by reason of any act. action, neglect, omission or default of the Seller of any of his cmmimctors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and ill judgments that may he 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 ease judgment or other lien he placed upan or
obtained against the property of,he Purchnscr, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise The Scllcr and
his contractors shall like all safety precautions, furnish fail instill all guards necessary for the prevention of
accidents, comply will ill laws and regulations with regard to safety including. but without Ilmitation, the
Occupational Safety and llcallh Act of 1970 and all rues anti regulations issued pursuant thereto.
Revised 03/2010
FEDERALLY REQUIRED AND OTHER MODEL CLAUSES
APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES
(excluding micro -purchases, except for construction contracts over $2,000)
Solicitation: Paint Garage Doors at Transfort
TYPE OF PROCUREMENT
Clause
r✓/
Professional
Operations/
Rolling Stock
Construction
Materials &
I%
Services/A& E
Management
Purchase '
Supplies
No Federal Government
Obligation To Third Parties
X
All
All
All
All
All
(by Use of a Disclaimer
False Statements or Claims
X
All
All
All
All
All
Civil and Criminal Fraud
Access To Third Party
X
All
All
All
All
All
Contract Records
Changes to Federal
X
All
All
All
All
All
Requirements
Termination
X
All
All
All
All
All
Civil Rights Title VI, EEO, ADA
X
>$10,000
>$10,000
>$10,000
>$10,000
>$10,000
Disadvantaged Business
X
All
All
All
All
All
Enterprises DBEs
Incorporation of (FTA) Terms
X
All
All
All
All
All
Suspension and Debarment
>$25,000
>$25,000
>$25,000
>$25,000
>$25,000
Buy America
>$100,000
>$100,000
>$100,000
Resolution of Disputes,
Breaches, or Other Litigation
>$100,000
>$100,000
>$100,000
>$100,000
>$100,000
Lobbying
>$100,000
>$100,000
>$100,000
>$100,000
>$100,000
Clean Air
>$100,000
>$100,000
>$100,000
>$100,000
>$100,000
Clean Water
>$100,000
>$100,000
>$100,000
>$100,000
>$100,000
Caro Preference
All
All
All
Fly America
Involves foreign
Involves foreign air
Involves foreign
Involves foreign
Involves foreign air
transport or travel
transport or travel
air transport or
air transport or
transport or travel
b air
travel
travel
Davis -Bacon And Copeland Anti-
X
>$2,000 (including
Kickback Acts
ferry vessels
Contract Work Hours And Safety
>$2,500 (except
Standards Act
X
transportation
>$2,500
>$2,000 (including
ferry vessels)
services
Bonding
$100,000
Seismic Safety
A & E for New
Buildings &
New Buildings &
Additions
Transit Employee Protective
Transit Operations
Agreements
Charter Bus
All
School Bus
All
Drug Use - Testing and Alcohol
Transit Operations
Misuse - Testing
Patent Rights and Rights in Data
Research &
and Copyright Requirements
Development
Energy Conservation
X
All
All
All
All
All
Recycled Products
Contracts for items
Contracts for items
Contracts for items
designated by
designated by
designated by
X
EPA, when
EPA, when
EPA, when
procuring $10,000
procuring $10,000
procuring $10,000
or more per year
or more per year
or more per year
Conformance With ITS National
Architecture
ITS Projects
ITS Projects
ITS Projects
ITS Projects
ITS Projects
ADA Access
A & E
All
All
All
All
Bus Testing
All
Pre -Award And Post Delivery
Audits
All
Small Purchase of: Paint Garage Doors
CONTRACT CHECKLIST FOR SMALL PURCHASES
Checklist Item
Comments
7) Independent Cost Estimate
Yes
The City made and documented an independent cost estimate before receipt of
proposals.
9) Unreasonable Qualification Requirements
No
This solicitation did not contain unreasonable requirements placed on firms in
order for them to qualify to do business.
1 2) Arbitrary Action
No
There was no arbitrary action in the procurement process. (An example of
arbitrary action is when award is made to other than the contractor who most
satisfied all the City Requirements as specified in the solicitation and as evaluated
by staff.)
1 3) Brand Name Restrictions
No
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 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.
1 4) Geographic Preferences
No
The solicitation contains no in -State or local geographic preference except where
Federal statutes mandate or encourage them.
1 5) Contract Term Limitation
N/A
The contract period of performance for rolling stock and replacement parts does
not exceed five (5) years inclusive of options without prior written FTA approval.
For all other types of contracts, the procurement file contains evidence that the
contract term is based on sound business judgment.
23) Price Quotations
Three quotes received
Price or rate quotations were obtained from an adequate number of qualified
sources.
24) Clear, Accurate, and Complete Specification
Yes
A complete, adequate, and realistic specification or purchased description was
available and included any specifications and pertinent attachments which define
the items or services sought in order for the bidder to properly respond.
41 ) Price Analysis
Yes
A price analysis was performed and documented. The price was determined to be
fair and reasonable.
Price reasonableness based on:
Price quotations.
Previous purchase.
Current price list or advertisement.
Value Analysis — copy in file.
42) Written Record of Procurement History
Yes
The file contains records detailing the history of this procurement. At a minimum,
these records include:
(1) the rationale for the method of procurement,
(2) Selection of contract type,
(3) reasons for contractor selection or rejection, and
4 the basis for the contract price.
Excluded Parties Search
Yes, see file
EPS run and include in the file
Independent Cost Estimate
TRANSFORT GARAGE DOOR PAINTING
Description Quantity Unit Unit Cost Subtotal Item Cost
Tiansfort'=°Pamtmia of Exfenor Garage
Prep, Strip, Power Wash, Prep Again, Prime, Paint, and Clean up
for 10 each 20 X15 Doors
2 Painters 8 hours per door = 16 hours X 10 Doors 160 hours $35.00 $5,600.00 $5,600
Materials for Prep, Stripping, Primer, and Paint 10 each $50.00 $500.00 $500
15% Contingency 10 each $91.50 $915.00 $915
`Total Estimated Cost $7,015
Provide oricina on the followina items:
Description
Price, each:
Paint doors as specified in the Scope of Work
$ 5408-500=4908
Total for ten (10) doors:
$ 4908
Instructions
Bidder's Statement:
I have read and fully understand all the specifications, and requirements set forth herein. I hereby
agree to comply with all said specifications and requirements, as stated or implied.
By: Anthony Garrelts
Title: M&E Painting Rep
Print Name: Anthony Garrelts
Phone: 970-217-4260
Email: Anthonygarrelts@yahoo.com
Federal funds will be used for this project. In addition to the City of Fort Collins Standard
Purchase Order Terms and Conditions, the Federal Requirements listed below will.apply to
this order.
Provide pricing on the following items:
Description Price, each:
Paint doors as specified in the Scope of Work $ 1,986.00
Total for, ten (10) doors: $ 19,860.00
Special
Price includes: stripping, one coat of primer and two coats finish.
Bidder's Statement:
I have read and fully understand all the specifications, and requirements set forth herein. I hereby
agree to comply with all said specifications and requirements, as stated or implied.
By:
Title: Owner
Print Name: Dennis Kintzley
Phone: (970) 472-1349
Email: Rockymtncoatings@gmail.com
Federal funds will be used for this project. In addition to the City of Fort Collins Standard
Purchase Order Terms and Conditions the Federal Requirements listed below will apply to
this order.
Provide pricing on the following items:
Description Price, each:
Paint doors as specified in the Scope of Work $ I583,ad ¢cCA
Total for ten (10) doors: $ r 950,00
Instru
Bidder's Statement:
I have read and fully understand all the specifications, and requirements set forth herein. I hereby
agree to comply with all said specifications and requirements, as stated or implied.
BY(� r,fjfi�/urn a;� to Title: o cJ r�er
Sx
Print Name: fOlij.`% CGr�U Z Phone: 72-43 -3ao -z r Z I
Email: �utif%wns�evr �c;nTn tiE Cow,3�3 bss`-otS3
this order.
'r'
PURCHASE ORDER PO Number Page
City Of9123114 2 of 12
F/' rt Con all invoices,
pacst king
/--!�,J`' CollinsJ on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority
of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49
U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA
Administrator, the Comptroller General of the United States or any of their authorized representatives access to
any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49
C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307,
5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a
period of not less than three years after the date of termination or expiration of this contract, except in the event
of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees
to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
Reference 49 CFR 18.39(i)(11).
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 The City may terminate this contract, in whole or in part, at any time by written
notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs,
including contract close-out costs, and profit on work performed up to the time of termination. The Contractor
shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any
property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the
manner the City directs.
b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery
schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contr,
C3. Oi'la.:s2 �t—
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
Electronic Quote
Company Name:
Southwestern Painting
Quote Number:
05032012
Date:
May 3, 2012
Ref: Small Purchase Quote Request
THIS IS A PRICE QUOTATION -- NOT AN ORDER
Scope of Work
Strip and paint exterior garage doors at the Transfort Shop, 6570 Portner Road, Fort Collins.
Ten doors, 20' x 15' in size
Environmental Requirements:
Contractor must capture paint stripper, removed paint residue, and wash water for proper
disposal or recycling. Contractor must not allow any chemicals, wash water, or other material to
enter the storm drains.
General Procedure:
1. Tape off each door to allow stripper application.
2.- Remove stripper and paint residue
3. Power wash doors. Allow adequate drying time before next step.
4. Tape doors prior to applying a coat of primer.
5. Finish paint doors with two (2) coats of premium paint. Manufacturer's label must certify
that the paint used is suitable for use on metal.
6. Final touch-up and clean-up.
Davis -Bacon wages will be required on this project.
General Decision Number: CO120014 02/24/2012 CO14
Rates Fringes
Laborers: Common $ 8.86
Painter: Brush, Roller and Spray $ 13.62 3.39
Please supply pricing, via email per the Scope of Work, as requested below.
Respond within THREE WORKING DAYS to:
Jim Hume, Senior Buyer, email: jhume@fcgov.com
Any questions regarding this inquiry should be directed to Mike Conley, 221-6625.
Paint Garage Doors at Transfort
Price Analysis
Quotes were received from three vendors.
M&E Painting $ 4,908
Rocky Mountain Coatings $19,860
Southwestern Painting $13,830
While the M&E price appears low in comparison to the others, the City has used M&E for many
projects and they have always performed very well.
The M&E price is fair and reasonable.
EPLS, M&E Painting
�4( Excluded Parties List System - Windows Internet Explorer provided by City of Fart Collins ' Y�,.air+'•J �1EJ
,Nips /Mwe. SPIS _goWepWS¢YCITAO _ ____.__... ..__..._... .. _._.._ I�r gMGo gl
y"iFle�Edrc Yew�`Fa�wr¢es pTools ,Help.v ���gF q3 zs�,._„w..�ti �t+�,
�?f '?S�LG' i�.l're J-�D?Edwinr ds'Enle' _. Excluded Pam.._ IT elT
x. ��94N47.:/l.-'F�,I,�.i'�N -&i 4.7
El, PILS F ci;uel:edIITart e% Gish:S;uatemt J
>rm sesevm
I
Search Results for Parties Excluded by
'�"C1H01p
��
>YUGge Nam¢s
rpm,
�AHMfN Sevtl�TiUS
�Eaaa NlTe :n]$SImUI
025•°r .2011:46EVmMq
Ae d 3$Jla/.la1l 1:4¢ RY EDT
aPy0UC U5ef5 YinUL
"YyEPLS
S WWEPES -
>FM
+Hz¢nl up6vza
� >Pppn)ms
>&Pa^.¢AY Rervrfs
Yaevwen rNxnMrorN�lra -
+Pmn_y An PritSFJns
�11ewa
ayYtem lOrAwaICY]n.
alck Mew searcn pmler.nlpgy
.aeno:aa cacez_ _
City Of PURCHASE ORDER PO Number Page
9123114 3 of 12
`t Collins
„s This number must appear
1 ' on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any
separable part, with the diligence that will insure its completion within the time specified in this contract or any
extension or fails to complete the work within this time, 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. In this event, the Recipient may
take over the work and compete it by contract or otherwise, and may take possession of and use any materials,
appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall
be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work
within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability
includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this
clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault
or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of
another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes,
freight embargoes, and
2. the contractor, within [10] days from the beginning of any delay, notifies the City in writing of the causes of
delay. If in the judgment of the City, the delay is excusable, the time for completing the work shall be extended.
The judgment of the City shall be final and conclusive on the parties, but subject to appeal under the Disputes
clauses.
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 11, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
cClty Of23114 4 °f'z
`t Collins( This number must appear
` y J on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or
that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had
been issued for the convenience of the Recipient.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor
agrees that it will not discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended,
42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41
C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations,
and Federal policies that may in the future affect construction activities undertaken in the course of the Project.
The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29
U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination
against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
(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)
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 PURCHASE ORDER PO Number Page
9123114 1 5 of 12
' `t Collins This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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% .
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.
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)
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 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. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS
Davis -Bacon and Copeland Anti -Kickback Acts (applies to construction over $2000)
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 Of9123114 a °f 1 z
ol Ins This number must appear Fort Collins Fort on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(1) Minimum wages -
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be
paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under
the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1 )(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period
(but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be
paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be compensated at the rate specified for each classification
for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time
spent in each classification in which work is performed. The wage determination (including any additional
classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster
(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall
require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination
and which is to be employed under the contract shall be classified in conformance with the wage determination.
The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only
when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the
work to be performed by the classification requested is not performed by a classification in the wage
determination; and (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such
a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and
mechanics to be employed in the classification (if known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210.
The Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or
mechanics to be employed in the classification or their representatives, and the contracting officer do not agree
on the proposed classification and wage rate (including the amount designated for fringe benefits, where
appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The
wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of
this section, shall be paid to all workers performing work in the classification under this contract from the first day
on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract
U
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 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///��� 9123114 7 of tz
`t Collins
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the
Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met: (1) The work to be performed by the classification
requested is not performed by a classification in the wage determination, and (2) The classification is utilized in
the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting
officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington,
DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the
laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), the contracting officer shall refer the questions, including the views of all interested parties
and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or
an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The
wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of
this section, shall be paid to all workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(2) Withholding - The City of Fort Collins shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract
subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of
the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under
the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by
the contract, the City of Fort Collins may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased. (3) Payrolls and basic records -
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work
and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work
(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of
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 9123114 $ of 12
6rt Collins This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that
the plan or program has been communicated in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees,
and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly
for each week in which any contract work is performed a copy of all payrolls to the City of Fort Collins for
transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part
5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose
and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment
of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under section
5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each
laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a
properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section-
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The
contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for
inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the
Department of Labor, and shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal
agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure
to submit the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12. (4) Apprentices and trainees -
(i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the
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 PURCHASE ORDER PO Number I
Page
9123114 1 9 of 12
`t his number must appear
Collins1 1 on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of
the journeyman's hourly rate) specified in the contractor's or subcontractors registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the
applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is
approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to and individually registered
in a program which has received prior approval, evidenced by formal certification by the U.S. Department of
Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal
employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29
CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - n/a (7)
Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this
contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification
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