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HomeMy WebLinkAbout502401 FIRETROL PROTECTION SYSTEMS - PURCHASE ORDER - 9123113PURCHASE ORDER PO Number Page City of PURCHASE 9123113 ' of 7 `t CThis number must appear Collins1 on all invoices, packing slips and labels. Date: 0512512012 Vendor: 502401 FIRETROL PROTECTION SYSTEMS 800 E 64TH AVE DENVER Colorado 80229 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 05/25/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Downtown Transit Center 1 LOT LS Replace the fire alarm control panel, alarm communicator transmitter, pull stations control module, relay module, photo detector and battery to get the fire alarm system back on-line. per quote dated 5-23-12, Attn: Dave Strunk 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 The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 6,495.00 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 . r , rib (DwortPrsri Defection Sysfems,yeL e M 1351 W 121st Ave.lrlestmimler, CO.00234 aol-xas nacre Phaao;(303)438.8088 Fax(303)41r.2710 Proposal Project: Downtown Transit Center Date: 15-May-12 Customer: City of Ft. Collins Phone: 970 566-7035 Attn: Bruce Byrne FAX: From: ereBebensea Email: hillbnids-Ilr..com #Pages: 2 Quota # qt 12-06-16 Item # 1: NFS-320 Item # 1 Price: Seven Thousand Two Hundred Forty Dollars and 001100 $7 240 00 Item # 2 Item # 2 Price Price Here Item # 3 Item # 3 Price Price Hero Addendum's how many Proposal Clarification and Qualifications 1 Fire Detection System's proposal has.allowed for 4 sets of manufacturer cut sheet packages and 4 sets of shop drawings. 2 The City of Ft. Collins shall acquire and provide complete contract documents and electronic CAD files to FDS for shop drawing production. 3 All existing backboxes NAC devices and wiring will be reused. All specialty back boxes such as the fire alarm control panel cabinet shall be supplied by FDS. 4 The Installation of all system wire, system device$ and raceway (when required) shall be performed by the FDS. 6 This proposal is based an the permit and plan review fees provided by the FDS. 7 FDS shall connect wire inside the fire alarm system control panel, graphic panels and remote power supplies supplied by FDS. 0 FDS shall provide a 12 month warranty on the material and tabor performed by FDS for this project, 9 FDS shall provide programming of the system and shall also be available for AHJ and Pre - testing the system. 10 FDS will provide 4 sets of O&M Manuals upon approval of the fire alarm equipment. 11 Proposal is Valid for 30 Days 12 Magnehelic testing when required by the AHJ shall be performed by FDS the when required. 13 This proposal is based on the system plans and specifications produced by the engineer of record and may not meet the requirements of the local AHJ. 14 included are drawings,permit,equipment,programming,pre-testing and final Fire Department test. 15 Scope of work is to include replacing the main fire alarm panel with the Notifier NFS-320 fire alarm panel and all initiating devices and control points with Notifier devices. A UDACT (Universal Digital Alarm Communicatorffransmilter) has been included for central station monitoring of the fire alarm panel. This panel is network compatible if required. Monitoring Services are Available Through Fire Detection Systems. Contact FDS for a Quotation. 4`4ESC® Offerod By: Bill Bebensee Dale: 15 May-12 ��j�II)Ol11LLiuMit.m. noien` r< 11'r �Z�F SYSTFMS Accepted By: Date: ...•... FIRETROL 800 E 64" Ave. Denver, Colorado 80229 �••�• Protection Systems Phone:303-366-5875 Fax: 303-366-0646 PROPOSAL/CONTRACT Project: Fort Collins North Transit Center/ fire alarm upgrade Date: 5-23-1? Customer: City and County of Fort Collins Phone: Attn: Bruce Byrne Fax: From: Dave Strunk Email: I Dstrunk@Firetrol.net # ol' Pages: 3 Bruce - We greatly appreciate the opportunity to offer our turn key proposal for the replacement of the existing Grinell Aulocall TFX-400 system in your North Transit Center building located on Mason Street. Our proposal is based on the observed site conditions and device locations as they were shown on the existing graphic map and observed during the site visit on 5-22-12. Our proposal is inclusive of if new addressable Notifier panel and field devices to make if 1:1 replacement of the existing. • The new Notifier panel shall reside in the same location as the existing Autocall panel near the front / main entrance located on the West side of the building. • The new Notifier panel will also be provided with a new digital alarm communicator (dialer) in order to transmit the alarm status via copper telephone lines to an off site / class I central monitoring agency of your choosing. • All existing field devices shall be replaced with new Notifier types using the existing wiring. back boxes and locations as they currently exist. . • New duct detectors shall be installed in the same locations as the existing and will be equipped with a keyed remote test station, sample tube and relay in order to shut down the RTU fans upon the detection of smoke. A lilt will be necessary to make the duct detector replacement due to the open ceiling configuration. • The existing wet sprinkler system shall be monitored via addressable Notifier modules That are to be located in the sprinkler closet / riser room. • All existing notification devices shall remain as they exist and shall be integrated into the new Notifier fire :chum control panel. • A new / framed graphic map is included as a part of the proposal and shall be mounted adjacent to the Fire alarm panel. • We have included I hour of on -site customer training as a part of this base proposal as well as a hart) copy set of is - built drawings for your records. • A fire alarm permit is included as a part of this proposal. Qualifications: Our proposal is inclusive of fire alarm drawings and engineering to reflect the new system and devices; calculations, data submittals, O+M manuals, close out documentation. I year factory warranty, 24 volt fire alarm devices, and affiliated programming, pre -testing and final testing to acquire a final C.O. with the local AHJ. All telephone lines, monitoring accounts and 120VAC power shall be re -used :and remain unchanged. Monitoring account information such as telephone numbers, contact names and passwords shall be provided to Firetrol. Exclusions: We are excluding liquidated damages. overtime, certified payroll, HVAC control other thaw 3 new duct detectors, clean agent. suppression system monitoring or control, surge suppression, networking, wire, conduit, raceway, trenching, cut / patch or painting of ceiling, drywall or masonry, hazardous material abatement or protocol, delays associated with access or sub- contractor coordination, un-foreseen / pre-existing conditions, dedicated telephone lines, underground labor or material, radio dialers. Yd party review comments, security system interface, modifications to existing device placement or layout. building - automation interface or direct tie-in, spare material, core drilling, fire watch, remote annunciators, devices or labor other than specified herein. Page I Base 6jil Of Material: Notifier Addressable FACP 3 Back Up Batteries 1 Digital Alarm Communicator (dialer) 1 Addressable Smoke detector and Base Addressable Manual Pull Stations Lot Addressable Duct Detectors Lot 5' Sample Tubes Lot Keyed Remote Test Stations ALTERNATES: Monitor Modules for Suppression (sprinkler system) Addressable Alarm Relay Graphic Map Engineering, Calculations, PE stamps, submittals Labor, install, programming, testing, owner training Shipping and Handling • If the panel is desired to be netvorkable with other Notifier panels please ADD $3,745.00 to this price. 1\ U • If the dialer is not required due to an existing dialer being located in the (locked) telephone room, please DEDUCT S250.00. Terms & Conditions ENTIRE CONTRACT The provisions herein contained consiiute at of the terms and conditions of this contract. No changes or acclaims hereto shall be binding upon Seller unless in writing and signed by an authorized representaCre of Seger. Any terms orconditions W Purchasers order inconsistent herewith or in addition hereto shall be of no force and effect and are hereby expressly rejected and Purchasers order shall be governed by only the terns and conditions appearing herein. PROPOSALS AND CONTRACT Sellers proposals, when accepted, and any resulting contract are not subject to cancellation, suspension or reduction in amount, except with Sellers written consent and upon terms, which reimburse Seger forwork performed. reasonable overhead and lost profit PAYMENT Terms of payment have been set at net 10-0ays A service charge will be charged and added to the prices on at payments past due and owed by the Purchaser under this contract at a two of 25> per annum. or if such rate is prohibited under applicable law. then at such maximum rate as is under apptcable law. Purchaser shag pay all attorneys fees incurred in the collection of past due accounts. DELAYS Seger shall net be liable far any damage or penalty for delays in work due to acts of God. am or omissions of the Purchaser, acts of civil or military authorities. Goverment regulations or prontres. fires, floods, epidemics quarantine restrictions, war, riots, strikes, differences with workmen, accidents to machinery, car shortages, inability to obtain necessary labor, materials or manwactwing facilities, delay it transportation, defaults of Sellers sub entacmrs, failure of or delay in furnishing correct or complete information by Purchaser with respect to laation or other details of work to be performed hereunder, impossibd4y or'mpmacdcabilty of performance or any other ause beyond the control of Seller, whether at not similar to One foregoing. In the event of any delay caused as aforesaid, the completion shag be extended for a period equal to any such delay, and this contract shag not be void or avoidable as a result of any won delay. In case work is temporary discontinued by reason of any or the foregoing, all unpaid installments of the contract Once less an amount equal to the value of material and labor not famished shag be due and payable upon receiptol the invoice by Purchaser. EXCAVATION In the event flavors herein includes extai awst. the Purchaser shag pay as an extra to the contract Once the cost for any additional work performed by the after due to water, quicksand, rock or other unforeseen obstruction encountered or if shoring is required. SITE FACILITIES Purchaser shall furnish all necessary facilities for performance t its work by Seger, adequate space for storage and handling of material, light water, heat, kcal telephone. watchman and crane and elevator service, if available, and necessary pemus. Where wet pipe system is inspectecimsted. Purchaser shall supply and maintain sufficient heat to prevent freezing of the system. STRUCTURE AND SITE CONDmONS While employees of Sellerndl exercise reasonable care in this respect. Seller shag be under no responsidlity for loss or damage due to the character, condition or use of foundations, wags, or other structures not erected by :t at resulting from excavator in proximity thereto. not for damage resulting from concealed piping. wiring, fistmes or other equipment or conditions or water pressure. AS sharing or protebton of foundations, wags, or other strucNres subject to being d'aturoed by any excavation required hereunder shag be the responsiblity, of the Purchaser unless otherwise specified. Parch Our warrants the sufficiency of the structure to support the fire alarm mdror fine sprinkler system and its related equipment The purchaser shall have al things in readiness for inspectonilest including, but not lumped to, other materials, door or suitable working base, connections, and faulities at the lime technician is onside. In the event the purchaser fails to have all things in readiness for inscurrim ksl at the jobege, the Purchaser shag reinburse Seger for any and all expenses caused by such failure to have such things in readiness. Failure to make areas available to Seiler during performance in accord with schedules. which are the basis of Sellers proposal. shag be considered a failure to have all things in readiness for erection in accord with the terms afthis contract INTERFERENCE'S Purchaser shall be responsible to coordinate the work of other trades (public, piping, electrical, etc) and Purchaser shag be responsible for addiional costs incurred by Seller arising out of interferences to Setters work caused by such other trades. LIMITATIONS OF LIABILITY The Seger makes NO WARRANTES. EXPRESS. OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE'. No promise not contained herein or affirmation of fact made by any employee, agent or representative of the Seller shag constitute a waronly by the seller or give rise to any fatality or obigatom.Sellers Tmabddy to Purchaser for personal injury,death, or property damage arising from the performance under this contract shag be limited to the contract price. Purchaser shag hold Seger harmers from any and all third -party darns for personal injury, death or property damage, ansng from Purchasers failure to munlan these systems or keep them in operative condition. whether based upon contract, warranty, but robot tablity or otherwise. In no event shag Seller be liable for any special, indirect, incidental. consequential or liquidated, penal or any economical damage of any character, including but not limited to loss of use of the Purchasers property, lost profits or lost production, whether claimed by the Purchaser or by any third parry, irrespective of whether claims or actions for such damages are based open contract, warranty, negligence, ton. stria liability or otherwise. SEVERABILITY Shoup any part term, or provision of this contract be found by the caurs to be illegal or in conflict with any law of the state where made. the validity of the remaining an icons or provisions shall not be affected thereby. ASSIGNMENT Any assignment of this contract by Purchaser without the waders consent of Seller shag be void. Seller may assgm this contract to its subskfianes and affiliates. CHANGES. ALTERATIONS, ADDITIONS Changes, alterations, and additions to Ore plans, specifications, or cons!mction schedule for this contract shall be invalid unless approved in writer by Seger. Changes approved by Seller, which increase or decrease the cast of work to Seger, shag constitute a corresponding increase ordecrease in the contract price as herein provided. The value of addilonal work shag be agreed upon in writing prior to the performance of said work However, if no agreement is reached prior to the performance of additional work approved in the manner herein described, and Seller elects to continue performance was to amid delays, then the estimate of Sellers Estimating Department as to the value of the work shall be deemed accepted by the Purchaser. PRICES In addition to the prices specified herein, Purchaser shag pay for al extra work requested by Purchaser or made necessary because of incompleteness of or inaccuracy in plans or other information submided by Purchaser withMspM to loatkn. type of occupancy, or other details cf work fa bepedmmed hereunder. In the event the layout of Purchasers fadfities has been altered, or is altered by Purchaser prior to completion of this contract Purchaser shall advise Seger, and paces, deli and completion dates quoted herein shall be changed by Seller as maybe required. LEGAL NOTICE For the purposes of any option, pernCted or required to be given hereunder, such notice or notices shall be deemed given when received. CLAIMS Any claims against Seller arising hereunder shaft be teemed waived unless they are presented in writing, with particulars, within ten (Ill) days after they anw. TERMS AND CONDITIONITECHNICAL SPECIFICATIONS The terms and conditions specified herein shag be k addtion to those put in Sellers technical specitcations and Sellers authorized representative shall resolve any inconsistencies. ARBITRATION At the coven of the Seller, any controversy cr chin arising out of or relating to this contract or the breach thereof, shag be sued by mountain in accordance with the Rules of the American Arbiortiom.Associaton, and judgment upon the award rendered by the Arbitrator(si may be entered in army court having jurisdiction thereof. Any arhba6on proceeding shall be held in California. OVERTIME Unless otherwise specified by Purchaser. all service work oil be performed during regular working hours. If Purchaser shag require any overtime labor. Purchaser agrees to reimburse Seger for the overtire premium cost including all related payroll crsls. plus setters overhead and profit payable monthly, one (11 month aderoverlime expense was incurred. PROPRIETARY DATA All specifications. drawings. designs, descriptive matter, and other data furnished by Seller to Purchaser pertaining to the work proposed herein shall be deemed proprietary and shag be kept in confidence by Purchaser and shag not be disclosed ro any third parry except as may be necessary in the performance of any contract win the Seller. In the event Seiler requests the reNm of any such proprietary material andlor any reproductons thereof, Purchaser shag promptly return the same to Seller. Page 2 DEFAULT In case of anydefau6 by Purchaser, Seller shag be enured to payment for all work performed, all termination costs incurred, and any other costs incurred by Seller, including overhead and profit All such remedies of Seller are cumulative and not erdusive. Default by Purchaser shad consist of Failure to pay any instalment of price when due, no demand being necessary, or any act or omission on the pad of Purchaser whereby Seller is prevented from cornplemg said service, or receivership, bankmptcy, assignment for lhe benefit of creditors or any other term at insolvency proceedings by ar against Purchaser or in case said premises or said system shall be allached, limed or seized by process of law and such attachment or lien shag not be vacated or seizure terminated within ten (10) days after its occurrence. BACK CHARGE No charges shag be levied by the Purchaser against the Seller unless (68) him prior written notice is given to Setter to tarred any alleged deficiencies' dean -up which necessitates such charges and unless deficiencies are the direct fault of Seger. OSHA Purchaser wig indemnity and hold hamdess the Seller from and against any claims, demands or damages resulting from the enforcement of the Occupational Safety Health Ad (Pudic Law 91-596), unless said claims. demands or damages are a direct resell of causes within the ecdusive control of Seller. Proposal is valid for 30 days and contingent upon mutually agreeable contract temu and Offered By: Dave Strunk // Dated: Accepted By: // Dated: Pace 3 D sc Fire Description Unit Item Cost tio Alarm Panel Replacement f „uantrtv �uni-t Cosh subtotal r - �•-� _ n lz Fire panel and devise replacement r w a: -- -- List of materials -----...----------- ----.._..--------- ------------- ---- ---------- --- Alarm control panel - --------- -- 1 -- -- --- - .._...- -- --- ---- - --- -- -- -- Alarm transmitter 1 ---------- Pull station 3 Control module 3 Relay module 1 Monitor module 3 Mini module 3 Photo detector �Battery 1 2 - — - -- - -- -- --- - - - - Labor and Materials $6,700 Protect Management 1 $200 - - - -- — --- --- -- Permits -- -- -- - --- -I- Building Department & PFA $200 Subtotal $7,100 Estimating Contingency 15%" ---- --- ------ -- Total - ------------ -- - -- --- ----- ----- ---- --- - -- - - - ---- $7,600 Fire Alarm System DTS - 2012 Cost Analysis Notifier Fire Alarm systems are the City's design standard and can only be installed by authorized distributors. This practice is universal in the fire alarm industry. The alarm system failed in the Downtown Transit Center (DTS), leaving the building without any alarm system. Only the sprinkler system is available for fire protection. The local fire authority and the City's Risk Management office do not want the building left with no alarm system for any length of time. Accordingly, we sought proposals from two authorized Notifier distributors, Fire Detection Systems and Firetrol. Our own detailed estimate totaled $7,600. Fire Detection Systems: $7,240 Firetrol: $6,495 Based on our estimate and quotes received, Firetrol's price is fair and reasonable. 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'>AI}£Pl5 - --SVetOUVEPL$ ,. >PUOIicUset AV nual' •- rPn ; 1 >&cxse Nl Ree..ds i ° - - •� Tav sarck re0� Vnp a ulVs• Prmcv dR. rpxsmns •• 2j _ - ilex's -' ••- eack•llew Seartfi ,Poole f erMy'a _ >_.+hlem tOl Awxa fJ'y139emepf l$AM) .1 �;� PURCHASE ORDER PO Number Page City Of9123113 2 of 7 `t Collins Ol' n CJ This number must appear ` 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 Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, 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 PO PURCHASE ORDER 912311er Page City OfCollins ��� 9123113 3 of 7 `t COI lI ns This number must appear ` ` J 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. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 at 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 C3. O✓le:sQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9123113 a of 7 `ppearl F6rt on all invoices, pacst king ` Collins` on off invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 10%. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph ( see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the City of Fort Collins. In addition, is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor s work by the City of Fort Collins and contractor' s receipt of the partial retainage payment related to the subcontractor' s work. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Rm� c3. oi�t;_Qe -ZE_ 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 PO PURCHASE ORDER 912311er Page 'City Of^ 9123113 5 of 7 Fort Collins This number must appear ,�—J`-' ` ` 1 1J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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) 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. 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 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 Of9123113 a of 7 F6r} Con all invoices, appear ,��—.J`_' ` Collinsa on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price liquidated damages as provided in the clause set forth in paragraph (2) of this section. 11. ENERGY CONSERVATION REQUIREMENTS 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. 12. RECYCLED PRODUCTS The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 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: $6,495.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 7 of 7 I. COMMERCIAL DEI' AI LS. Tax exemptions. By antia, File City of Fon Collins is exempt franc state and ducal taxes. Our Exemption Number is 11. NON WAIVER. 98-01502. Federal Excise Tax Exemption Ccnhica, of Registry 84-6000587 is registered with he Collector of Failure of the Purchaser a insist upon strict pnfummnce Of the terms aced conditions hereof. failure 0r delay 10 Intcmal Revenue, Denver, Color Jo (Ref, Colorado Revised Sant, 1973, Chapter 39 26. 114 (a), exercise any rights or remedies provided herein Or by law, failure to promptly notify the Seller in the event of a breach, life acceptance of ur paynnnl for .it, hereunder or approval office design, shall nut release fle Scllcr of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped ur due to detects of any of the warranties or obligations of this purchase Filer and shall ma be deemed a waiver FI any right of the damage in ,mnif may be returned I. you tar credit and at not F. be replaced rx"pt upon ,,,ip, of written purchaser to insist upon strict performance hercofur any of is rights or remedies as to any such goods, regardless instructions lion the City of Fan Collins. of "half shipped, received or accepted, is to any prior or subsequent default hereunder, nor shall any lampunN onl cam ilimtlon or rescission ui this purchase order by the Porhas,r opcma as a wawa, of any of the tens l speelian. GOODS are subject to the City of Fon Collins inspection on arrival. here.[ Final Acceptance. Iteccipf of the acrchondise, ,,ices or equipment in response to this order can r..It in 12. ASSIGNMENT OF AN'fl'I'IiUSI' CLAIMS. authorized payment a, the pan of the City of Fort Collins. lftow,cr, h is to be understood that FINAL Seller and File Purchaser recognize that in actual economic practice, o"'Choge, resulting Iran. antitrust ACCEPTANCE is E,pcnd,at upon con.plation of all applicable required insp,aion procedures, violations are in fee, battle by the Purchaser. Theretofore, for good cause and as consider Lion for cvccuting this purchase oNer, Ihc Scllcr hctcby assigns to the Purchaser any and all ,Wins it ,nay new have or hewatier Freight 'Terns. Shipments mast be F.O.B., City of Fort Collins, 700 Wood St.. Fun Collins, CO 80522, unless acquired under federal Or slim antitrust lows for such overcharges rclaling to the particular goods or services Otherwise apecifi,d an this .,it,, If permission is given to prepay freight and change xpurutcly, the original height purchased or acquired by the Pencluiver pursuant to this purchase order. bill must accompany invoice. Additional charges for packing Will lie, be ucecpmd. Shipment Distance. Where manufacturers hoc distributing points in various pans of the country, shipnccnt is expected firma Jon nearest distribution polar to destination, and cxeess might will be deducted from 111VOCe when shipments are made Tram granter Ji,o ncc. fermis. Seller shall procure a sellers ale cost all necessary permits, cerilicaa5 and linnse, required by all applicable laws, Isgulaions, ..dirzmces and rules of the state, municipality, territory Or political subdivision where the wad: is perfumW d, or required by any other duly constituted public authority Ia'ing jurisdiction over the work of vendor. Seller further agrees to hold ,he City of Fort Collins hunlcss from and against all liability and loss incurred by than by reason of an l ssn„d or established violation of any such laws, regulations, ordirunces, rules and requirement,. Awilmn,mion. All panics to this contract agree that the rcpresenaincs are. in fact, bona tide and possess full and eocupinc authority cubical said parties. LIMITATION OF'I'ERMS. This Purchase Order expressly limits acceptance to [tic tans and conditions stated herein set north and any supplementary or additional toms and conditions annexed hereto or incorporated herein by rcicrcnec. Any udditionil or different terns and conditions proposed by seller arcobjected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your prumiseJ delivery date as noted. Time is of the essence. Delivery and ,r1mmmnce must be cllicrd within the time caned on the purchase order and the documents attached harem. No ues of de 1'u¢huscrs including, without liminfion, acceptance at partial lam deliveries, shall upstate as a waiver of this provision. fit the event ofauy d,luy, the Pme ascr shall have, in addition mother legal and equiable aneJics, the Option ul'placing this order elsewhere land holding it,, Seller liable for damages. Honrcver, the Seller ,hull nut be liable Inn Ja.uagcs us it result of dduys due to causes not reasonably foreseeable which are beyond its reasonable cannot and without its Lull ofnegligence, such acts of God, acts ofcivi] or military uaborim , guvernmcntal priorities, lirvs, jfik,s, ]loud, epidemics, wan or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days ofthc rime wife. till Seller first received knew [edge thereof. In the ,,,It of any such delay, fhc done of ddi,ery shall be extended for fhc period equal un the time actually lost by reason of the delay. 3. WA It RANTI'. The Scllcr wamans that all goods, unicicS, mmcrias and work covered by this order will conhinnt with applicable Flowing, specifications, samples and/or other descriptions given, will be lit fur the purposes intended, and prrfomud With the highest degree of care and competence in accordance "ith accepted standards for work of u similar nature. The Scllcr agree, as hold the purchaser hannles Train any lus, damage or expense which the Purchaser may salter or incur on account of the Sells beach of wmriry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year Or within such longer period of ,into as may be prescribed by law or by the terns of any applicable warranty provided by the Scllcr uficr the time of acceptance Of the goods Imaishcd hereunder (ue,c mace no, to be unreasonably delayed), ,suiting form imperfect or dcf Gina work June or materials famished by the Seller. Acceptance m use of goods by the Purchaser shall not eonuilua if waiver f.ay claim under this womanly. Except as othcrelsc provided in this purchase order, tlm SO lers liabil iry hereunder shall extend to all damages proximally caused by the breach of any of file furcguiag wvnnti, or guarantees, but such liobi l iry shall in no avant include loss of prolix or lass of use. NO IN] P LI ED WA It RANTY Olt M E RCI IAN'IABE L I'rl' Olt OF FIfN ESS FOR PU If POSE SI IALL APPLY. 4. Cl IA NGI7S IN I. EGA1. TERMS. The Purchaser may make charges to legal terns by wri tell change order. 5. Cl TANG ES IN COM AI E RCIA I. TE RN I S. '1 be 1'urehawr nay nuke any ,hung,, to the terns, other than ],gal terms, including additions to ur deletions franc the quantities originally ordered in the specifications or drawings, by verbal Or ev,iuca cba.gc order. It any such ehungc oleos ],,amount due or the time ofpertannantt hcrcunJcr, un equiable adjustment shall be nwdc. 6. TERMINA 11ONS. 'Ihe Purchaser may at any Iine by Written change order, terminate this agreement as to tiny Or all punions of the goofs then not shipped, subject to any equitable adjustment between the panics as to any Work or materials then in progress provided it,,, that purchaser shall not be liable lot any chins for untieiluled profit, on the uncompleted portion of the goods and/or Work, for incidental or consequential damages, and that no such adjustment be mud, in Iavor of flee Seller With r,spc1l to any eoods "Inch am the Sellcrs standard stuck. No such ter nination shall r,licvc the Purchaser or to Seller of any of lhcir obligations as to any goods delivered hacundcr. 7. CLAIMS FOR ADJUST MENl'. Any claim for adjustment must be asserted within thirty (30) days franc the date it,, charge Or tcrn.i fiction is ordered, S. COMPLIANCE WITH LAW. The Scllcr amounts the all gooey sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with ull applicable Imes and regulations to which the goods are subject. The Seller shall execute and deliver such document, as may be required as affect or evidence compliance. All laws: id regulations required to be incurporv¢d in Fgrcments of this character are hereby incorporated herein by this rd2rcnce. The Seller a,,... to indemnify and hold the Purchaser hurmlcss from all casts and damages sabred by Ihc Purchaser as a result of the Sellers failure to comply "ith such law. 9. ASSIGNMENT'. Neither party shall assign. Imtsicr, or convey this Order, or any ninnies due or to become due hereunder without life prior "rime,, consent of Ihc other party. IQ TITLE. The Sal [at "aunts full, clear and 0... stichd tide to the Purchaser fur all equipment, ntmerius, and items famished in performance of This ugre,mcnt free acid clear of any and all liens, restrictions, resetatialls. security interest encumbrances and claims of others. 13, PURCI EASE IFS PERFORMANCE OI' SELLERS OBLIGATIONS. If tle Purchmer directs the Seller In correct noncon fumung or defective goads by a data to be agreed upon by Ihc Puchaser and fhc Scllcr, wW Fife Set Ear Ibe,aafar indicates its inability or unwillingness to comply, the Purchaer nay case due work to be ,,donned by the most expeditious means available n it, and the Scllcr Shull pay all costs nsociaal will, such work. Tha Seller sball release till PoWiniscr and its contractors of any liar front all liabi l iry and du ins ul'any nature resulting from the pcnoonince ul'such work. This release shall apply even in the event of fault of mgligence of the party released and shall extend to the director,, W i,crs and employee,.1 such party. The Senses contractual obligations, including wamamy, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, rnaterial orprocess covered by letter, patent, trademark or copyright, fhc Scllcr shall indenurily and sacs humn1c s the Purchaser from any and ull claims for inliingemcn by reason at' the use of such E acrueJ design, dens icc, material or process in connection with Ibe contract, and shall indemnity the Purchaser for any cost, c.xpen,e or damage which it may be obliged to pay by rc+son of sueb im}ingcniatt at ally lime during the prusecwiun or Mier the camplctioa of the work. [it case suit equipment, or any pun thereof Or the intended use oI life goods, is in such suit held to constitute imiingemenl and the use of said cgFip,i,,nl or part is c,goin,d, file Scllcr elan, ul ifs own cxpcnsc and at its optima, cif u,' proeurc fur fhc Purcb:ucr fhc right a emulnne using said cquipmmint or puns, replace fhc some with substantially equal but noJnfringing equipmcul, "I'o udify it son it bacon:, nun infringing. 15. INSOLVENCY. If the Seller shall become insolvent .1' bankrupt, make as assignment till the b,nclit of erediar, appoint u receiver or ouster. fur ally .1' Ibe Set[en pminrty or business, this order may funhnith be eanedcd by the Purchaser without liability. 16. GOVERNING LAW, The delinitos ollerms used or the i,verprcafion Of the ugtccnent and the righs.fall panic, hereunder shall be consumed under and governed by the laws of the State of Coloado, USA. Tile f flowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services W'Sellers Represenal[vels), on the premises ofothers. 17. SELLERS RESPONSIBILITY. 'I [I, Se11er ,hall carry On said work at Seller's own risk until flue sans is fully complerd and accepted, and shall, in ca,c of ally accident, dcstmmion or injury to the murk and/or materials below Sellers Final completion and acceptance, conrpl,h• Ihc "ark at Selleh own cipeuse and to the satisfaction of the Purchaser, When materials and equipment are furnished by Filters for in,allotion or creation by the Seller, fife Seller shall receive, unload, seam and handle s:unc at the site and mean, responsible therefor is though such materials and/or equipment ,,are being furnished by ,he Seiler under fhc old,, 18, INSURANCE. The Seller shall, an his own expense, provide for the payment of workers compensation, including occupational disease benefits, of is employees eniplOyCd till Orin connection with the work covered by this poehuse order, and/or na their depeaduux in uenud:aue wilh the laws of the sate in which the work is to be June. The Scllcr shall aso carry comprehensive gc oral liabifity including, but not limited to, conuuciuul and automobile public liability insurance with bodily injury and death limits of at (cast $300,000 for any one person, S500,000 fur any one accident sad property d:n»age limit per accident of $400.000. 'file Seller ,hull likewise require his cammcwn, Billy, to provide fur such cocipcsation and insurance. Behure any Ff fife Sellers or his contractors cn,pi.yc, shall Jo any work upon fhc promises OI ofhcrs, the Scllcr shall furnish to Purchaer wifh if ecnilicute ,]far such compensation and insurance have becn provided. Such eeniticules ,hall specify the date when Such rompcnsalion and insurance have been provided, Such ccnilicates shall specify the date when such compensation and insurance expires. "r be Scllcr agrees that such compensaion and insurance shall be mine iacd aril offer the entire lurk is Con.pleaJ and accepted. 19. PRO I'ECl'ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asamncs fhc actin responsibility and liability for any and all dernage, loss or injury of any kind or Future Whasuerar m persons Or property caused by or resulting front file execution of the work provided for in this purchase order or in connection here" ith. The Seller will indemnify and hold harmless the Purchaser and any or all of Be Purchts,s Onicer, agents and employees firm and against any and all darns, In. , damages, charges or expenses, whither direct or indirect, and whether to persons or property m Which the Purhatr ,nay be put or subject by a ..if of any act, action, neglect, omission or default on it,, pun of the Seller, any of his contractors, or any of the Sellcrs Or contractors oil -jeers, agents or employees. In case any suit or other proects ings shall be brought against the Purehu,, Or its officers, agcmx or culPloyccs ill ally fine on account Or by rcnon of any :cc,, union, neglect, nuaission Or default of the Seller of any of his contractors or any of its or their officers, agents or employee assume aforesaid, time Seller hereby agrees to sue the dcicnse thereof and to del- 'ad the stun n ill, Sellers oats expense. to pay city and ill cost, charges, utorncys Pecs and other expenses, any and all judgmcns that only be ineurad by or obtained against We Purchaser or ally of is Or their officers, ,,,III, m cnnploycn its sucb suit, or uthcf proeeedingS, and in case judgment or other lieu be pluecd idols or Obtained against fhc pr,wny OI'Ihe Purchaser, or said parties in or as a result ofsuch suits or other pruccediny, the Seller mill ca once euu,e Ihc suns to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all suli1y preceutiunx, foolish and install all guards necessary for the prvvaniun of accident,, eun,ply with all laws and rcgulmions With regard to safety including, but Without [initiation, the Occupational Satiny and Health Aar of 1970 and all mlex and regunulion, issued pursuun, Iharem. Revised 03/1010 Small Purchase of: Fire Alarm System for DTS Date: May, 2012 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 Brand Name or Equal. When it is impractical or uneconomical to provide a clear Notifier is the City standard and accurate description of the technical requirements of the property to be "brand for fire alarm systems and acquired, a name or equal" description may be used to define the panels. Quotes were 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 obtained from two Notifier provide. When using a "brand name" specification, the City does not need to distributors. 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 Two quotes were obtained 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