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Home My WebLink About120116 BESTWAY CONCRETE CO - PURCHASE ORDER - 9123366Fort Collins Date: 06/08/2012 Vendor: 120116 BESTWAY CONCRETE CO PO BOX 309 MILLIKEN Colorado 80543-0309 PURCHASE ORDER PO Number Page 9123366 1 of 6 This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 06/08/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Concrete for Mason Corridor As Per Quote dated 5/15/2012 80 yards @ $95.00/yard 1 LOT LS 7,600.00 In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal clauses apply to this purchase order. 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent c3. oi'1�:a2s� 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 Page 2 of 2 Additional Provisions Bestway Concrete Company will deliver concrete as to the specifications ordered. The physical properties of the concrete are to be measured at the point of discharge from our mixer truck unless otherwise agreed to by all parties prior to delivery. If the concrete is pumped, placed in a bucket or other device or otherwise manipulated prior to placement, the quality will become the responsibility of the contractor or subcontractor responsible for the placement. • Prices do not include applicable sales tax. • Prices do not include testing, please inquire with your sales associate for a testing price quote if required. • This price quote expires 30 days from the above date. • Concrete normal delivery hours are Monday - Friday 6:OOAM - 5:00 PM, Saturday 6:OOAM - 12:OOPM. • Deliveries outside of normal delivery hours are subject to Plant opening fee of $2500.00 per occasion. • Concrete prices are valid thru 03/31/12, with an escalator of $5.00 per cubic yard effective 04/l/13. • This quote is contingent upon raw material availability. • Bestway Concrete assumes no liability for products to which materials have been added that were not supplied by Bestway Concrete. ' Extension of credit is subject to all terms of the Credit Application and Agreement. • All invoices are due by the 1 Oth day of the month following the invoice date or subject to finance charges of 24% per annum. ` No retainage is to be withheld from payment to Bestway. ' Cancellation fees may apply for orders that are not canceled at least two hours prior to the scheduled delivery time. Will call orders must be firmed up by 4:OOPM the day before the scheduled delivery time or the order will be canceled. ` A fee of $150.00 per occasion will be charged for orders less than 10 cubic yards that require an orderback. Windsor, Firestone, Brighton Aggregate Dispatch: 970-587.7336 Brenda Watts Greeley Concrete 8 Aggregate Dispatch: 970-686.2720 Senior Sales Associate Windsor Dispatch: 970-686.5010 Mobile: 303-748-9125 Longmont Dispatch: 303-651.1779 Office: 970-587-7210 Brighton Dispatch: 303-637-0900 Fax: 970-587-7220 Milliken Dispatch: 970-587-9305 Email: Bwatts@,bestwayconcrete.com Denver Dispatch: 303-288.7029 General Sales Fax: 970-587-7245 Jeffco Dispatch: 303-554-0210 Jeffco Aggregate Dispatch: 303-655-8543 Please visit us at www.bestwayconcrete.com Johnstown Ready Mix Concrete A Division of Loveland Ready Mix Concrete, Inc PO Box 299 - Loveland, CO 30539 Phone (970) 203-1144 - Fax (970) 667-0092 To: City of Fort Collins Bid Date: 5-31-2012 Subject: South Transit Center, Fossil Blvd/Mason corridor, Fort Collins CO. Brittany: We wish to quote the concrete on the above referenced project as follows: No additional charges, fuel surcharge, minimum load charges, environmental fees, etc... After hours plant opening fee (if necessary) S 2,500.00 per occasion 4000 PSI $99.40 per yd.' Description: 6% sk., Class BZ, Drilled Piers. Non -chloride set accelerating admixture, type C S 5.25 per yd.' for I % The above prices are net, sales tax not included, FOB job site. Loveland Ready Mix Concrete, Inc. Brad Fancher Manager Martin Marietta Materials e ^ 1800 H. Taft Hill Road, Fort Cotrins, CO 80521 Main Office: 970407-3600 Fax: 970407�3900 Proud to be American Owned and Operated TO: City or Fort Collins DATE: ATTN: Brittany Sorensen PROJECT: City of Fort Collins Caisson Work PHONEIFAX: 970-416-2268 ADDRESS: Various Locations -Fort Collins E-MAIL: bsorensenflafcaov.com CONCRETE MATERIAL PRICE QUOTE MIX# MIX USE & TYPE Strength @ 28 Days Slump Air WIC Ratio Est. Volume PRICE/ Cubic Yard CDOT Class BZ 4,000 6-8 1-3 0.45 60 $110.00 "Wait Time Included In Price" Project Specific Notes and Comments: All Concrete as bid is per 90 minute max delivery and 90 degree concrete temperature. Price Escalators Add $ 5.00 per cubic yard price increase 01-01-13 Add $ TBO per cubic yard price Increase 01-01-14 - Adtl $ 1.001 Per Cubic Yard Fuel Surcharge -Add to above pricing -varies with Fuel Cost Fluctuations Incl. $ 1.751 Per Cubic Yard Environmental Fee Adtl $ 3.001 Per Cubic yard for Winter Fee annually Nov 1 thru March 31. Prices are F.O.B. lob site and do not include taxes. TERMS: NET 30 DAYS, 18% APR Interest will be added to all past due aaounts. Misc. Extra Charges: Add $8.00 per cubic yard per each 1 % Non Chloride Accelerator Add $3.50 per cubic yard per each 1 %Calcium Chloride Add $3.50 per 20 minute increment of Retarder per cubic yard Add $7.00 per cubic yard for Fibennesh 1.5 lbs. Add $10.00 percubic yard for Saturday Premium Charge Add $125.00 for orders of 4 cubic yards or less Add $2.00 per minute for wait 8me after 7 minutes per yard -maximum 45 minutes Add $250.00 per cubic yard of Pump Prime Mahn Marlette Mat<ifale ^^ Quotation expires 30 days from above date By: Roper Marquiss - Northern Sales 970-556-0119 - Cell Rooer.Maraulss(d)maninmadetta com Martin Marietta Materials /w\ .d�. P.O. Boz 30013 Raleigh, NC 27622-0013 Wsif oRoeRs`79f v .ma Rlnmarfo Ra.eom SOLD TO: FT COLLINS CRY TRAFFIC DIV ATTN: DAWN HE ERSON FORT COLLINS CO _2 Page 1 of I FOR BILUNG QUESTIONS PLEASE CALL 303-6574000 JOB NAME: FT COLLINS TR^^AFFF(1IIC DIVISION �Jf1. JU 1J'4�=p 006216 SHIPTO: VARIOUS ADDRESSES COLLEGE AND CONNIFER FTC IC BATCH FORT COLLINS CO 80525 PAYMFNTTFRMS- NFT In nAVS-A/P Omer NU. Customer PO Dest. Job No. I Dist Business Busines. Unit Name Gllst. No Invoice Invoice No. No. No, Unit Date 6846172 SO GOL i6 (679775CC0^_ TO I6119 Higdon Ready hliz 679775 M^.3112 ' 10718818 Ship Dale Prud"a Desmplion Quaintly UM I Unit Pnpe Malenal Freight Freight Taxes 8 TOTAL CmiDargu No. No. Amount Rate Amaunl Foes OQ18l12 5191 COOT,CLASSBZ -19002693 5.00 CY 91.50 457.50 457.50 'SUBTOTAL' 5.00 457.50 457.50 041IN12 5535 ENVIRONMENTAL SERVICE FEE 49002693 5.00 CY 1.751 8.75 8.'s 'SUHTOTAL' Sao a.75 8.75 0411&12 5329 FUEL SURCHARGE 49002.693 1.00 EA 01 '01 .01 'SUHTOTAL' ico .01 .01 Ou18713 5197 COOT,CLASBBZ 49002711 5.00 CY 91.50 457.50 457. SO 'SUBTOTAL' I 5.00 457.50 4S7.50 04f18112 5635 ENVIRONMENTAL SERVICE FEE 49001711 5.00 CY 1.75 8.75 8,75 'SUBTOTAL' 5.00 8.75 8.75 04718712 5329 FUELSURCHARGE 49002711 1.00 EA .01 .01 .01 'SUBTOTAL' 1.00 .01 .01 TOTAL 22.Oo 932.52 932.5] INVOICE u` $932:52 DETACH and Include this Return POrtIOn with Payment Martin Marietta Materials /®� VV REMIT TO: MARTIN MARIETTA MATERIALS CUSTOMER NUMBER: 639775 FT COLLINS CITY - TR PO BOX 848241 INVOICE NUMBER: 10318818 DALLAS TX 75284-8241 PAYMENT DUE $932.52 Please report any pnleneal ethics violations to the Marlin Mariana Motenals CoMorale Ethics OISoe 1-80&2094508 or see'.vww, martmmanetta,wha For all other can stzlns call the number above PLEASE NOTIFY US OF ANY ALTERATIONS YOU MAKE TOWARDS THE INVOICE AMOUNT REMIT 10 Im:ore lnttmn2s 570 :013611 LAFAROE WEST U.C. Stwo F,um RIDDEN ROM PLANT DEPT'24 NORTH AMERICA PO BOX 112424 DALLAS TX 753122424 BILL TO : „I,i11I,11EI,,,III.,IEI,EIIE PO BOX 580 ATTN: DAWN HENDERSON FORT COLLINS. CO 80522 United States INVOICE SHIP TO: TRAFFIC,DR HATER DEPARTMENT LEFIAY HARMONY FTC COLLINS. CO 80521 OVERDUE INVOKES SUBJFCt IO MI LRESI AI I Y% PER AEON III MY„ PF:RABY.UL:I PLEASE MCLUOE REMITTANCE INFORMATION WITH YOUR PAYMENT DATE CUSTOMER# CUSTOMER PO PROJECT: l DESCRIPTION INVOICE # PAGE 2011-12-08 I 6511354 8078 2112U71 ITRAFFIC OR WATER 22646076 V1 DEPARTMENT TICKET DATE TICKET p OTY, UDM ITEM p ITEM DESCRIPTION uNIT NET EXTENDED TA% SNPFFON _. PRICE PRICE CODE La T" Cc.ii m al :u'tcna-u..I'� �m u� n1,L .rr ILv ru l};. u� �>,�siLilili.. ccuh A. cr.I ��fl'nlpllvC r�nlrmly aml c,calc I quah fa,i :I i EpLcau.I-in cola aril. 2011-12-07 75145844 6000 CY RMXDC40EF2G 4000,31-NAF,OOT 90.9500 1AI.,O V060CE 40751 2011-12-07 751.15844 LOUR EA RIRSOG2 BAT CIE WEIGHTS aUUO1 0.00 V0006 40751 2011-17-07 75141t844 6000 CY RIR4880 ENVIRONMENTAL FEE (CYI 1.7500 10.50 VOGOG 40751 2011-12-07 75145844 TOO(, EA RIRdftDO FUEL SURCHARGE (YARDI 0,0000 0 GO VOGOG 40751 2011.12-07 7514587.2 6000 CY RAIXDC40EE2G 4000.314NAE,DOT M2500 54150 V0606 40751 2011-12-07 75145872 1000 EA RIR5D(;2 BATCH WEIGHTS 0.0001 U,00 V0606 40751 2011-12-07 75145872 0000 CY' RIR48BO ENVIRONMENTAL FEE ICY) I.7500 1050 VUGOG 40751 201112-07 7514587;.' 1000 EA RIR4890 FUEL SURCHARGE (YARD) 0.0000 0.00 V0606 40751 2011-1207 75145873 GDGu CY RMXDC-IOEE2G 4000.314,NAE, DOT 90.2500 54150 V0606 40751 2011.12-07 15145873 1 000 EA RIR5062 BATCH WEIGHTS 0 0001 U 00 V0606 40751 2011-12-07 75145873 6.000 CY R24880 ENVIRONMENTAL FEE (CY) 17500 10.50 V0606 40751 2011-17-07 75145871 1000 EA RIR4890 FUEL SURCHARGE(YARD) 00000 0,00 V0606 40751 Invoice Totals �'�•� /n" Summary 18000 R6iXDC-IDEE2G 4000,314 NAE.DOT 1G24,5U Summary _ 2000.RIRSO62 BATCH WEIGHTS Summary I 000 RIR4880 ENVIRONI.IENTM. FEE(CY) 3150 Excluded Parties List System Page 1 of 1 Search - Current Exclusions 1 Resources > Advanced Search > Multiple Names > Exact Name and SSN/TIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login Search Results for Parties Excluded by Firm, Entity, or Vessel : Bestway Concrete & Aggregate State: COLORADO Country : UNITED STATES As of 00-Jun-2012 12:02 PM EDT Save to MyEPLS Your search returned no results. Back New Search >Search Help > Advanced Search Tips > Public User's Manual >FAQ > Acronyms > Privacy Act Provisions > News System for Award Management > (SAM) Reports >Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions > Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epts.gov/epls/search.do-,jsessionid=302A5B8B3122FF48055C459F638AAED3 6/8/2012 Small Purchase of: CONTRACT CHECKLIST FOR SMALL PURCHASES Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an £ 5- independent cost estimate before receipt of proposals. 9) Unreasonable Qualification . Requirements N 49 This solicitation did not contain unreasonable requirements placed on firms in order for them to qualify to do business. 1 2) Arbitrary Action There was no arbitrary action in the A, v' 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 and accurate description of the technical u� 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 The solicitation contains no in -State or local Nv geographic preference except where Federal statutes mandate or encourage them. 1 5) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed _ five (5) years inclusive of options without prior written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business 'ud ment. 23) Price Quotations Price or rate quotations were obtained from rZ5 an adequate number of qualified sources. 24) Clear, Accurate, and Complete Specification A complete, adequate, and realistic specification or purchased description was available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 41 ) Cost or Price Analysis Either a cost analysis or a price analysis was performed and documented. The price was determined to be fair and reasonable. Price reasonableness based on: Price quotations. Previous purchase. Current price list or advertisement. Value Analysis — copy in file. 42) Written Record of Procurement History The file contains records detailing the history �) 4 of this procurement. At a minimum, these records include: (1) the rationale for the method of ��• procurement, �dw ��SPorSi`V•t �£$Prn4�f (2) Selection of contract type,' (3) reasons for contractor selection or rejection, and �� 4 the basis for the contract price. Excluded Parties Search ch EPS run and include in the file A J. PURCHASE ORDER PO Number Page City Of9123366 2 of 6 `t CollinsCThis number must appear " J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. 4. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the 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 /11* ,wort Collins PURCHASE ORDER PO Number Page 9123366 3 of 6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 30 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as 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 Fort Collins PURCHASE ORDER PO Number Page 9123366 4of6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 9.9 %. A separate contract goal [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph ( see 49 CFR 26.13(b)). 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 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 City of art Collins PURCHASE ORDER PO Number Page 9123366 5of6 This number must appear on all invoices, packing slips and labels. Line Description WUU.ILILY UOM Unit Price """' Ordered Price another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and,perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By accepting this purchase order, the vendor or contractor certifies as follows The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 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 $7,600.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 6 of 6 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt farm scam and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goads hereunderor approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in mount, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods. regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject in the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan 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 of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for goad cause and as consideration for executing this purchase order, the Seller hereby assign; to the Purchaser any and all claims it may now have or hereafter Freight Tarns. Shipments must be F.O.B., City of Fan Conim, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antitout laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission 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 invoice. Additional charges far packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the ocarest distribution point to destination, and excess freight will be deducted farm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the stare, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless tram and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requimnrnts. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional m different tams and conditions proposed by sellerare objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documens attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchase, shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of -God, acts of civil ar military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge 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. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards far work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the ma Purchaser y suffer mTh or incur on account of the Sellers breach of wa ah. e Seller shall replace, repair or make good, without cost to the purcham, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hercurtdtt (acceptance not to be unreasonably delayed). resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend in all damages proximately caused by the breach of any of the foregoing warranties or guarantees, bar such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wnum change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods than not shipped, subject to any equitable adjusment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor c f the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser in the Seller army of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days farm the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to cffect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser 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 without the prior written consent of the other parry. 10. TITLE. The Seller warns full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser end its contactors 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 pony released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after 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 own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nownfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditor, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rep mmustive(s), on the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on car in connection with the work covered by this purchase order, andfor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also may comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, S500,0m for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises archers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation 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 injury ofany kind car nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order ar in connection herewith. The Seller will indemnify and hold hamless the Parchmar and any or all of the Purchasers officers, agents and employees from and against env and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contactors, or any of the Sellers or contactors officers, agents or employees. In case any suit in other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents ar 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 all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010 cityo Fort Collins Date of Estimate: 592012 Contract Type: Material Bid Existing Contract or PO (Y/N): N Independent Cost Estimate Description of Goods (A) or Services (B): Provide concrete per City of Fort Collins (CDOT) specifications for the Mason two-way conversion I have obtained the foliowinn estimate from: Prior City of Fort Collins Traffic Operations Jobs Published Price List / Past Pricing (date) Current as of 5/92012 Engineering or Technical Estimate (performed by) Britney Sorensen Independent Third Party Estimate (performed by) Britney Sorensen Other (specify) Cost Estimate Details: (Estimate calculated in US Dollars) Quantity Cost($/ea) cost($/ea) Cost($/ea) Product Engineenn9 Estimate Data Source 1: City of Fort Collins Prior Purchase Data Source 2: City of Fort Collins Prior Quote BZ Concrete 80 $ 100.00 $ 93.25 $ 92.00 Total s 8.000.00 $ 7,460.00 $ 7,360.00 Source Notes 1: Prior City of Fon Collins purchase from Marlin Marietta Materials for concrete (4/18112) 2: Prior City of Fart Collins purchase from Latarge for concrete (1217/11) Signature of Prepares City of Fort Collins Traffic Operations Price Analysis Worksheet Name of Contractor: Bestway Concrete & Aggregate Analysis: The price submitted by Bestway is reasonable. Total bid values between the next lowest quote, Johnstown Ready Mix, and Bestway differed by less than five percent ($4.40). The highest bid (Martin Marietta Materials) was 16% higher ($15.00) than low bid. The current bid ($95.00) reflects a steady price for the concrete since our last purchase ($93.25). Price Analysis was conducted based on one or more of the following (documentation attached). ® Written quotations from 2 or more vendors Bestway $7,600.00 Johnstown Ready Mix $7,952.00 Martin Marietta Materials $8,800.00 ❑ Documented phone quotations (indication contact person, phone number) ❑ Published price lists from 2 or more vendors ® Previous purchases by Fort Collins of same or similar items(s) from this or another vendor Previous Purchase Quantit Price Current Low Bid Cost Difference Martin Marietta 1 ards $ 93.25 $ 95.00 $ 1,75 Lafarge 1 18 yards 1 $ 92.00 $ 95.00 $ 3.00 ® Comparison to in-house estimate Estimate Quanti Concrete 1 ❑ Other LIl:J 5.00 BESTWAY CONCRETE & AGGREGATE 301 Centennial Drive Milliken, CO 80543 Page 1 of 2 Project Quote Sheet - All Addendums Have Been Reviewed Company: City of Fort Collins Date: 5/15/2012 Address: Bsorensen afcaov.com Phone: 970-416-2268 Fax: Attention: Britney Mobile: Please accept this quote for concrete and/or aggregate requirements on the following project. Project Name: Mason Street Corridor Location: Fort Collins, Co - Concrete Items Prices are based on an approximate quantity of 80+/- cubic yards, Additional Fees Fibermesh 300 Calcium Chloride Non Chloride Accelerator Solomon Standard Colors Saturday Premium Charge Concrete Minimum Load Fee (Any load less than 4 cubic yards) Color Washout Fee Winter Fee effective November 1st through March 31st. Fuel Surcharge Truck time after 6 minutes per cy $7.00 1.51b $3.00 1 % $7.50 1% $4.00 lb. $6.00 CY $125.00 truck $60.00 truck $3.00 CY $10.00 truck $2.00 MIN