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462204 POWER & TEL - PURCHASE ORDER - 9123487
PO PURCHASE ORDER 912348er Page City Of9123487 1 of s ' `tChis number must appear ` Collins` 1 ' on all invoices, packing slips and labels. Date: 06/15/2012 Vendor: 462204 POWER 8: TEL PO BOX 1000 DEPT 841 MEMPHIS Tennessee 38148-0841 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 06/14/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Wire Supplies for Mason Cor 1 LOT LS 13,623.58 As per quote 5201084-00 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 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 C3. O✓l�:sQ.l� 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 Band -It 201 Stainless Steel Banding - Band & Buckle Systems Paget of 3 Sign In Register Bourg Bwlnaas since raer Have Questions? Call Us 734-426-2475 Oo A)IPICUSTRIgALSUtP LY _ ,i Venren owned Bue/rwaa wrwxt. AVAINBIE N�,fee w�SECURE' TESTED 31-MAV Search Our Site Home I About Us I Blog I Contact Us I Shipping & Returns I Privacy Policy I Site Map I View Cart ThreadLockers I Band -It Clamps I Industrial Fans I Andersen Floor Mats I Kresto I LPS Lubricants llmncI13=d-h Clanps> Band S BucLlc S% stems>'nl Siam.a Stccl ilpnj-trip d 3M Industrial Andersen Floor Mats Bostik Band -It Clamps • Band -It Kits • Rand -It Tools • Band IS, Buckle Systems • Preformed Clamping Systems • Banding Systems • Stainless Steel Ties • Worm Gear Clamps •Identification systems • Sign & Equipment Mounting Brack -Its • Hose Fittings • Band -It Applications Product Guide Hand Soap Cleaning Supplies Dampney Products Lab Metal Flashlights Epoxy / Glue Hot Melt Glue Guns ITW Strapbinder 3D's Anti -Seize Compounds Kennedy Tool Krylon Products Group LIPS Lubricants Paint Markers Permatex Sealants Staybond TIPS Industrial Band -It 201 Stainless Steel Band -It Band 201 stainless steel, bright annealed finish sets the standard with a • BANOdT combination of high strength and quality appearance. Common uses are BAND municipal strapping and construction applications. o Offers good resistance to oxidation and many moderate corrosive agents. �- Band -It Bands are perfect to tightly attach items to poles or attach items nSL together. Band -It Banding Buyers Guide '« A BAND•> 2 C202 Width 1/4" As low as: $4199 each -�Oetaits m.-.tee ji r BAND C204 Width 1/2" As low as: $85.00 each 5;..�OetaBsi I BANDJT BAND E �' ha C205 Width 5/8" As low as: $94.99 each nei3a: BANDT —BAND t10 C203 Width 3/8" As low as: $55.00 each �SUetaOs:- y � C205439 Width 5/8" Tote $99.99 ¢"'oetaas. C203Y9 Width 3/8" Tote $64.99 1.'�Deta0s:. C204BB 1/2" BAND -IT Band and Buckle Kit $109.99 De'taBs"�: BAND4T BAND r _©. _�g. an C206 Width 3/4" As low as: $119.99 each r UetiOsi� Stoko Skin Relief 200ml $8.99 �jDetaOsl" _'Ma: snadtlV N_Ww S; I Stoko UV SPF-30 Towelettes ( 50 Towelettes ) $39.99 Fpeta0s'?°' Kresto Skin Care Kit $27.99 ��Detads" Na? 3M Virtua Protective Eyewear Grey Regular price: $2.99 Sale price: $1.99 You Save: 33% ssiDeta9s�;" http://www.jdindustrialsupply.com/ulbacisy.html 5/31 /2012 Band -It 201 Stainless Steel Banding - Band & Buckle Systems Page 2 of 3 r. Vibra-rite Wright Tools SALEITEMS Shipping & Packaging Supplies Links Site Maps Sign up for the 1D Industrial Supply E-mail Club. Rcceicc Coupons To Our Store Nnc Product updates \n\sicum Click here to.l<e cam le t 'Nlnil Name Email Address lobo% us on ttAli>tCt" Become A Fan / I$ C206R9 Width 3/4" Tote $129.99 Y C2068B 3/4" BAND-rT Band and Buckle Kit $139.99 ��Detapg. �F1 3D Industrial Supply - Grass Lake, Michigan 734-426-2475 3M Virtue Protective Eyewear Clear Regular price: $2.99 Sale price: $1.99 You Save: 33% Detal7s"z ti I Stoko UV $5.49 Detads% v,J T.. i t Travabon 100ml. $5.49 Derails: uaro l Durapro $4.99 ,�DehOsi„ 1. .l V Durapro 1000m1 Regular price: $37.99 Sale price: $29.99 You Save: 21% Z De6-16- http://www. jdindustrialsupply.com/ulbaclsy.html 5/31 /2012 Band -It Ear-Lokt Buckle - Band & Buckle Systems Page 1 of 3 Sign In Register cxoingens/noss s/nco Igor Have Questions? Call Us 734-426-2475 ANDUSTRIALSUPPLY y. •,�r.r•. , �I,�Af� YOU; INDUSTRIAL:UPPU [OUICr AVAILABIF v SECURE' TESTED 3:-MAY WIO/On OvnM Bud/Maw Search Our Site Home I About Us I Biog I Contact Us I Shipping & Returns I Privacy Policy I Site Map I View Cart Thread Lockers I Band -It Clamps I Industrial Fans I Andersen Floor Mats I Kresto I LPS Lubricants Home> BmM-it Clamps> Band S Buckle Syslcros> MISS Bend -It Ear-Lekt Buckle 3M Industrial 201SS Band -It Ear-Lokt Buckle Andersen Floor Mats Band -It Ear-Lokt Buckles in Type 201 stainless steel are designed Bostik to accommodate both single and double wrap clamps. The unique Band -It teeth and ears provide for maximum clamping strength. Band -It Clamps r . Band -It Kits . Bto - Stoko Skin Relief Band -It Tools eY 2Doml . Band & Buckle Systems $8.99 . Preformed Clamping :4 ioeaasF: Systems • Banding Systems • Stainless Steel Ties • Worm Gear Clamps •• ,, .y �:^'� = °Mr"' --`a"' • Identification Systems S srryrdyV . sign &Equipment Mounting Brack -Its C252 Width 1/4" C253 With 3/8" C254 Width 1/2" $27.99 $39.99 y47.99 . Hose Fittings .T_. �r . Band -It Applications + Duds. ."n„Deta05, _.: Deb65+� �. Product Guide - -- 44„ Stoko UV SPF-30 Hand Soap Towelettes Cleaning Supplies ( 50 Towelettes ) '^ $39.99 Dampney Products P/ 'i• Lab Metal' ' yDeUds_._ y Flashlights .�Y • .+ C255 Width 5/8" C256 Width 3/4" $56.00 $79.99 1-7 Epoxy / Glue Hot Melt Glue Guns t DetalTs,�,�' De[ads: ® iRr rTW Strapbinder ZJ D's Anti -Seize Kresto Skin Care Kit J�ti-- $27.99 Compounds Kennedy Tool ID Industrial Supply - Grass Lake, Michigan 734-426-2475a Krylon Products Group LPS Lubricants Paint Markers 3M Virtual Protective Eyewear Grey Permatex Regular prim: $2.99 Sale price: $1.99 Sealants You Save: 33% :�Detal§ Staybond TPI Industrial http://www.jdindustrialsupply.com/earloktbuckle.htinl 5/31 /2012 Band -It Mini Brack -It - Band -It Clamps Pagel of 3 Sign In Register t4ANDUSTRIALSUPPY YOUR IKBUfIGUl SUPPLY lOURCF pang S.W..St.. rser r •j?�; Lr / WfN.r O••nM EF.W... Have Questions? Call Us 734-426-2475 AVAlLA9tE TESTED 71 -M:3 Search Our Site Home I About Us I Slog I Contact Us I Shipping & Returns I Privacy Policy I Site Map I View Cart Thread Lockers I Band -It Clamps I Industrial Fans I Andersen Floor Mats I Kresto I LIDS Lubricants Heme> hand-11 Clamps> Siyn A` ERujP nLent \1gynUn1'.LLtG$_IIS 3M Industrial Andersen Floor Mats Bostik Band -It Clamps . Band -It Kits . Band -It Tools • Band & Buckle Systems • Preformed Clamping Systems • Banding Systems • Stainless Steel Ties • Worm Gear Clamps • Identification Systems • Sign & Equipment Mounting Brack -its • Hose Fittings • Band -It Applications Product Guide Hand Soap Cleaning Supplies Dampney Products Lab Metal Flashlights Epoxy / Glue Hot Melt Glue Guns rIW Strapbinder ID's Anti -Seize Compounds Kennedy Tool Krylon Products Group UPS Lubricants Paint Markers Permatex Sealants Staybond TPI Industrial Band -It Brack -It Band -It Brack-rt's are used to mount traffic signs, security devices, and extremely heavy and vital equipment. Band -It Brack -It hardware withstands stress and wind vibration. ®al/dap o D31099 ( Box of 50 ) Flared leg mini Brack -it, SS with SS bolt and fiber washer. 1/2" slot Flared Leg $167.79 ataus, D31599 ( Box of 50 ) Straight leg mini Brack -it, SS with SS bolt and fiber washer. 1/2" slot $162.73 ,�DeTaBs a�=ai r D30288 D02189 ( Box of 50) ( Box of 50 ) 5/16 24 x 1/2" Hex head SS bolt, washer Single Bolt Flared Leg 200/30O SS Brack - and fiber washer for mini Brack -it It with SS bolt, SS washer and fiber $59.99 washer. 3/4" slot Demos $179.99 - x Demtls, / =�j \ D002299 ( Box of 50 ) Bolt Flared Leg 200/300 SS Brack - It on"slot $IS7.9 / 157.99 DefaOs, C�611 D00889 ( Box of 50 ) 2 Bolt Straight Leg 200/30OSS Brack -It with SS bolt, SS washer and fiber washer. 3/4" slot $289.99 t;DetaOs;; Stoko Skin Relief 200ml $8.99 t?�De[ai7s` snot» UV ?a Stoko UV SPF-30 Towelettes ( 50 Towelettes ) $39.99 Detatlsi Kresto Skin Care Kit $27.99 gi?DelaB's. "'00-) NW 3M Virtua Protective Eyewear Grey Regular price:;2.99 Sale price: $1.99 You Save: 33% Demtls http://www.jdindustrialsupply.com/ininibrackit.html 5/31 /2012 City of wort Collins Traffic Operations Price Analysis Worksheet Name of Contractor: Rocky Mountain Supply Analysis: The price submitted by Rocky Mountain Supply (RMS) is reasonable ($3,905.32). Total bid values between the next lowest quote (JD Industrial Supply, $4,524.82) and RMS differed by about 16 percent ($619.50). The highest bid (Zumar, $5,115.98) was about 31% higher ($1,210.66) than the low bid. The current bid reflects a decrease in price for the banding materials since our last purchase (similar quantities based on previous purchases would total $4,524.46, 16% higher than the current quote. Price Analysis was conducted based on one or more of the following (documentation attached). ® Written quotations from 2 or more vendors Rocky Mountain Supply $ 3,905.35 JD Industrial Supply $ 4,524.82 Zumar $ 5,115.98 ❑ 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 Quantity 2012 Price Current Low Bid Cost Difference Banding, 3/4" 100 ft./tote 30 $ 3,267.30 $ 2,799.00 — $ 468.30 Buckles, ear lokt, 100/box 8 $ 591.52 $ 520.56 $ 70.96 Sign brackets, 50/box 4 $ 665.64 $ 585.76 $ 79.88 TOTAL $ 4,524.46 $ 3,905.32 $ 619.141 ® Comparison to in-house estimate Estimate Quantity Estimated Cost Current Low Bid Cost Difference Banding, 3/" 10D ft./tote 30 $ 3,450.00 $ 2,799.00 $ 651.00 Buckles, ear lokt, 100/box 8 $ 680.00 $ 520.56 $ 159.44 Sign brackets, 50/box 4 $ 700.00 $ 585.76 $ 114.24 TOTAL $ 4,830.00 $ 3,905.32 $ (924.68 ❑ Other TATION . 309 Commerce Dr FL Collins, CO 80524 Phone 970-482-4910 Fax 970-482-2951 5/17/201.2 17:53:47.1 1 01Qi.o,r,; Expires O 7/1/20I Bill To:. Ship To: CITY OFTORT COLLINS CITY OF FORT COLLINS FINANCE DEPT 21 S N MASON ST PO BOX 580 FORT COLLINS, CO $0521 FORT COLLINS, CO 80522-0580 RMS FTC510, 970-221-6788 . Customer ED: Ra,366.Md Rv: ITous ACCOUNTS.RECEIVABLE OrderNumber IIh�IluII18II�IIIIII�III�uul� I IIII 4604844 Order Date Page 1 - PO Number ...' Ship Route Taker BREMY (416-2268)-5/17/�012. 17:59:38 THINCHLEY . Quairtities It.. ... .. hem CD ` - Item Description, .. .. .' Prg UOM Unit size .. • • Unit Price . Extended Price - Ordered Allocated � Remaining U0M Unit Size D 30.000 0.000 30.000 EA _. (601) BANDI C206 (100 FT/ROLL) EA 913,300 2,799.9.0 1.0 . (100 FT /ROLL) 1.0 . 8.000 0.000 8.000 EA. (002) BANDI C25699 EA _ 65.0700 520.56 1.0- .C256 BUCKLE,STEEL-STRAP SS 1.0 3/4 1001BX BAND C25 4.000 0.000 4.000 BX (003) BANDI D00189 . BX 146.4400 685.76 1.0 SIGN MOUNTING BRACKET 1BOLT EDP#I 1.0 1.000 0.000 1.000 EA .(004) BANDI JS213 (25/BX) EA 94.9600 94.96 1.0 CLAMPS 1.0 1.000 0.000 1.000 EA (005) BANDI JS215 (25/9X) EA 110.2000 110.20 1.0 CLAMPS 1.0 1.000 0.000 1.000 BX (006) BANDI AE6039 BX 150.8500 150.85 1.0 48603 .276"X12" 7MM UNCOATED 316SS MULTI 1.0 1.000 0.000 1.000 EA (007) BANDI AE6049 EA 168.9300 168.93 1.0 BANDIT 1.0 1.000 0.000 1.000 EA (008) BAND AE6059 EA 205.1100 205.11 1.0 BANDIT 1.0_ Total Lines: S SUB -TOTAL: 4,636.27 T A-X: 0.00 AMOUNT TENDER -ED: 0.00 AMOUNT DUE: 4,636.27 Pioneering Solutions in Industrial Distribution Since 1905 atr cet F.cfl1RJFCT Tn TFRrv1.S tIND COhlOIitOA'Sal-U✓4WJ.DXPECOM/IERMS.ifTML Paget of 2 From: Dennis Nowaczek[dennis@pcindustrialsupplies.com] Sent: Friday, May 18, 2012 10:46 AM. To: Britney Sorensen Subject: RE: Fort Collins, CO Britney, Your prices on the Band — It would be, C206R $108.91 PER ROLL OF 100 FT. C25690 $73.94 PER BOX OF 100PCS. D02189 $166.50 PER BOX OF 50 PCS. JS213 $ 93.48 PER BOX OF 25 PCS. J5213 $ 108.47 PER BOX OF 25 PCS AE6039 $131.99 100 PCS PER BAG AE6049 $147.81 100 PCS PER BAG AE6059 $179.46 100 PER BAG M15699 $121.89 PER KIT Dennis Nowaczck JD INDUSTRIAL SUPPLY COMPANY P.O. Box 504 1133 Norvell Road Grass Lake, MI 49240 Phone: 734-426-1400 Fax: 877-627-7523 A Veteran Owned Small Business From: Britney Sorensen (mailto:BSorensen@fcgov.com] Sent: Friday, May 18, 2012 11:47 AM To:'dennis@pcindustrialsupplies.com' Subject: Fort Collins, CO Good morning Dennis, Thanks for getting back to me. We are looking for the following items. 3000 feet of band -it (C206R) in the red totes, 100' per tote, '/4" width, 0,030" thick 800 ear-lokt buckles (C25699) 200 sign brackets (D02189) 25 clamps, 4" (JS213),'/" width, 4" clamp I.D. 25 clamps, 5" (JS215),'/" width, 5" clamp I.D. 100 multi lok ties, 3" (AE6039), uncoated, 316SS, 0.270 inch width, 12 inch length 100 multi lok ties, 5" (AE6049), uncoated, 316SS, 0.270 inch width, 18 inch length 100 multi lok ties, 7" (AE6059), uncoated, 316SS, 0.270 inch width, 24 inch length 100 feet Scru-band (M15699) Thanks, Britney file://C:\Documents and Settings\bsorensen\My Documents\A\Budget\Purchasing\Bids and... 6/13/2012 Zurnar Industries, Inc QUOTATION Order .. # 0132692 9719 Santa Fe Springs Rd db _:' e Springs, CA 90670 REP R IN T /0 /1 'Orderbai�'.��.� 05/09/12 562.941.4633 Fax:562.941.4643 05/1 /1 s6i� bii 05/16/12 Gusromer.,: CITY OF FORT COLLINS CITY OF FORT COLLINS 03520 ACCOUNTING DEPT To:TRAFFIC OPERATIONS Tele: (970)-224-6103 P.O. BOX 580 625 9TH STREET Fax: (970)-221-6282 FORT COLLINS, CO 80522-0580 FORT COLLINS, CO 80521 4-t;PAJ _8�r-t+-4-cA_vL Cust6 Salesperson Date Teims FOB Entered By .. ... ....... 05/16/12 NET 30 D blm LAe . .. ......... t qm;Nqm04Descr6riqn: Print heer �..... P.. .. fi.. cje;Extension', b . .... .... ... 010 30 Non -Stock 108.91 3267.30 C206R9 3/4"X.030"X100FT RED TOTE 020 4 D021 166.41 665.64 D021 FLARED LEG BRKT W/BOLT (BOX OF so) 030 16 C256 73.94 1183.04 C256 3/411 BUCKLES 040 1 Ship:05/16/12 Non -Stock 116.43 116.43 JS213 CLAMP 3/41, x .03011 x 4"' (25/BOX) 050 1 Ship:05/16/12 Non -Stock 135.09 135.09 JS215 CLAMP 3/4" x .03011 x 51, (25/BOX) 060 1 Ship:05/16/12 Non -Stock 164.38 164.38 AE603 SS CABLE TIE (100/BAG) 070 1 Ship:05/16/12 Non -Stock 184.09 184.09 AE604 SS CABLE TIE (100/BAG) 080 1 Ship:OS/16/12 Non -Stock 223.51 223.51 AE605 SS CABLE TIE (100/BAG) Oriqinal Continued a - I Zumar Industries, Inc QUOTATION 9719 Santa Fe Springs Rd Santa Fe Springs, CA 90670 R E P R I N T 562.941.4633 Fax:562.941.4643 Customer::.` CITY OF FORT COLLINS Ship: CITY OF FORT COLLINS 035241. ACCOUNTING DEFT Tor TRAFFIC OPERATIONS P.O. BOX 580 625 9TH STREET FORT COLLINS, CO 80522-0580 FORT COLLINS, CO 80521 ustomer POTC Salesperson S h 401 Via ,ne- i'° Order ` It&h?'Number%Descnptio'n 05/16/12 1 NET 30 Total: Freight: Tax: Order Total: THANK YOU FOR YOUR ORDER. WE APPRECIATE YOUR BUSINESS. PLEASE VISIT US ONLINE AT www..zumar.com Oriciinal D blm Race Ei 5939.48 .00 .00 . 5939.48 a N Fram:562+781+5088 03/08/2012 12 26 =052 P.001/001 DUPLICATE j Zumar Industries, Inc INVOICE e PO Box 2883 Santa Fe Springs, CA 90670 562.941 .4633 Fax:562.941 .4643 i7nvoice #110135891 , Date . 01/24/12 f -- Page -- - Bill To:i CITY OF FORT COLLINS _.. - - ---- To.', --- :Ship CITY OF FORT COLLINS 035241 ! ACCOUNTING DEPT TRAFFIC OPERATIONS j i P.O. ROX 580 625 9TIi STREET i jFORT COLLINS, CO 80522-0580 1 FORT COLLINS, CO 80521 I j �Fax: (970)221-6282 FIAANCE '12MAR13 9120 Order # Order Date Cust # S!s ( Purchase Order # Ship Via (Ship Da, i Terms 0130408 01/20/12 1 035241 1 tE 3212071 j SHIPD[RECT 01/24/12 NET 30 !__Order IS t0 Ship 15 10 BI _/tem #/Description C206R9 3/4" V030"XU)OFT RED TOTE ID021 I BX Cost 108.91 166.41 J Extended I 1633.65 I 1664.10' ' 10021 FLARED LEG BRKT wisot r (BOX OF 50) 5' f 5 i �C256 I C25E 714"BUCK! ES i i BX 73.94 1 369.70' I I I r F!ANK YOU F0.4 }'OUR ORDER. WCAPPRECIATE j I YOUR BUSINESS. PLEASE Vrslr Us ONLINE I ♦ AT www.tumar. cam I �ILI-70 Lv Illy/ c �-1/ T ✓ ll�� "��,; 6 IOiscount Sales Amount I � �! _3667.45: — - Sales Tax .00; Customer Copy ! r l� -Tr1 1 L ✓ LL! i Freight �"— — - _ .00 . �x I Total Due I 3667.45. I PURCHASE ORDER PO Number Page City. Of/�o Collins 9123487 z of s `t ( V olliThis number must appear J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with 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 Il, 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 Emaii:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Small Purchase of: CONTRACT CHECKLIST FOR SMALL PURCHASES Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an independent cost estimate before receipt of (( proposals. 9) Unreasonable Qualification Requirements This solicitation did not contain unreasonable N requirements placed on firms in order for them to qualify to do business. 1 2) Arbitrary Action There was no arbitrary action in the procurement process. (An example of n fv 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 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 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 judgment. 23) Price Quotations Price or rate quotations were obtained from c 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 tI 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 5' EPS run and include in the file Excluded Parties List System Page 1 of 1 Search - Current Exclusions > 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 EPLS Search Results Search Results for Parties Excluded by Firm, Entity, or Vessel : Rocky Mountain Supply Inc State: COLORADO Country: UNITED STATES As of 14-Jun-2012 6:56 PM EDT Save to MyEPLS Your search returned no results. Resources t > Search Help >Advanced Search Tips > Public User's Manual > FAQ i > Acronyms > Privacy Act Provisions j> News System for Award Management > (SAM) 1 t �. Reports --- — �' —^v— — >Advanced Reports Back New Search Printer -Friendly > 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.epls.gov/epls/search.do,jsessionid=7905BIF0101CC2979D11E35831IA854D 6/14/2012 City of /11 wort Collins PURCHASE ORDER PO Number Page 9123487 3 of 6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 30 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. C3. O✓l.s�Q� 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 CI�/ of PURCHASE nC 9123487 ° of s 6rt ( V olliThis number must appear J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 9.9 %. A separate contract goal [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph ( see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor s receipt of payment for that work from the City of Fort Collins. In addition, is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor s work by the City of Fort Collins and contractor' s receipt of the partial retainage payment related to the subcontractor' s work. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Citv of Fort Collins. Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 City of art Collins PURCHASE ORDER PO Number Page 9123487 50f6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By accepting this purchase order, the vendor or contractor certifies as follows The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Total 13,623.58 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 6 of 6 I. COMMERCIALDFTAILS. Tax exemptions. By shtute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-0N502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26. 1141.). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to he replaced except Upon receipt of written instructions from the City effort Collins. Inspection. GOODS arc subject to the Citv of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or mawdies provided herein or by law. failure to promptly notify the Seller in the creel of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties at obligations of this purchase order and shall not be dcenad a waiver of any right of the purchaser to insist Upon strict performance hercofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponcrl aml modification or rescission of this purchase order by the PUrchuur operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the melehandise services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins Hovcver, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may nosv have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wad St, Fort Collins CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If prnnissian is given to prepay freight and charge separately, the original freight purchased or rcquircd by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where man ifaacmrcrs have distributing points in various parts of the country, shipment is expected from the unrest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits Seller shall pnxurc at sellers sale cost all necessary Permits, eerificata and licenses required by all applicable laws, regulations, ordinances and rules of the state, 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 Fort Collins harmless from and against all liability and loss incurred by them by reason of an assericd or established violation of any such laws, regulations, ordinances odes and requirements. Authorimflon. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effmted within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpheing this order clsewhe¢ and holding the Seller liable for damages. However. the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofncgligcncc. such acts of Gad, act fcivil or military authorities, governmental priorities, files, strikes, flood, epidemics, wars or dots provided that notice of the conditions causing well delay is given to the Purchaser within fire (5) days of the time when the Seller first received knowdcdge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all galls, articles, materials and work covered by this order a ill conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the portions intended, and Performed with the highest degree of cam and compatamc in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur an account of the Sellers breach of warmnry. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (II 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 Set let after the date of acceptance of the goods famished hereunder (acceptance not to M unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guamatees, but 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 may make changes to Icgal tears by wrincn change order. S. CHANGES IN COMMERCIAL TERMS. The Pumhamr may make any changes to the terms, other than legal terms. including additions to or dcletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affmts the amount due or the time ofperformance 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 then not shipped, subject to any equitable adjustment bcteccn the panics as to any work or materials then in progress provided that the Penchant- 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 of the Scllcr with respect to any good which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods dclircard hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller svartant, that all good sold hereunder shall have been produced, sold, delivered and fitmishcd in strict compliance with all applicable laws and regulations to which the gads am subject. The Seller shall execute and deliver such documents as may be required to effect 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 harr ilcs from all costs and damages suffcmd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became doe hereunder without the prior written consent of the other party. 10. TITLE, The Seller warramL full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, face and clear of any and all liens, restrictions, rent, ations. security, interest eneumb orec, all claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Parchascr may taus, the walk to be performed by the most expeditious means available to it, and the Seller shill pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting front the performance of loch work. This rcic Un shall apply even in the event of fault of negligence of the puny released and shall extend to the directors, oRcem Und employees of such party. The Seller's 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 Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, tmdemzrk or copyright, the Scllcr shall indemnify and save heal the Purchaser front any mod all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract. 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 can said equipment or any pan thereof or the intended use of the good, 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 parts, replace the same with substantially equal but anninfringing equipment, at modify it so it becomes r o tinfringing. 15. INSOLVENCY. If the Seller shall become insnNeat or bankrupt, make an assignment for the bane Fit of creditors, appoint a receiver or trustee for any of the Set term property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of moms used or the interpretation ofthc agreement and the rights Moll 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 perfamm work hereunder, including the services ofSellers; Represcnmtivc(s), on the premises lifetimes. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work at Seller's men risk until the same is fully completed and accepted, and shall. in case of any accident dcsWction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or credion by the Seller, the Seller shall receive, unload. store and handle same at the site and bmunw responsible therefor as though such materials and/or equipment were being furnished by the Seller ender the order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation. including occupational disease bench, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the aark is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, conractunl and automobile public liability insurance .with bMily injury and death limits of at (cast S300.000 for any one person. 5500,000 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 cnntmctnrs employees shall do any work upon the premises lifelines, the Seller shall famish the Purchaser with a cenificmc that such compensation and insurance have been pmvidcd. Such ecrtifieams shall specify the date when such compensation and insurance have been provided. Such ecrtifintes shall specify the date when such compensation and insurance espircs. The Seller agrees that such compensation and insumnee shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the cmlrc responsibility and liability for any and all damage, loss ar injury fany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamilcss the Purchaser and any or all of the Puchascm officers, agents and cmpinvccs from and against any and all claims, losses, damages, charges or expenses, whether direct or indircet, 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 contractors. ar any of the Sellers or contractors officers, agents or emplgecs. In case any suit or other proceedings shall b, brought against the Purchaser, or its officers, agents or employees at any time on account or by rcasan of any act, action, neglect. omission or default of the Seller of any of his contractors or any of its or their offerers. agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own expense, to pay any and all costs, charges, attorneys fees and other citscans 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 ofthc Purchaser, or said panics in or as a result ofsneh suits or other pracccdings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors 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 Occapatinnal Safety and Health Act of 1970 and all mles and regulations issued pursuant themto. Revised 03/2010 CCC^^ity of olhns rt_`_ Date of Estimate: 5/9/2012 Contract Type: Material Bid Existing Contract or PO (Y/N): N Independent Cost Estimate Description of Goods (A) or Services (B): Provide banding supplies per City of Fort Collins specifications for miscellaneous projects I have obtained the following estimate from: Prior City of Fort Collins Traffic Operations jobs Published Price List / Past Pricing (date) 5/9/2012 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) lCost ($/ea) Cost ($/ea) Cost ($/ea) Cost ($lea) Data Source 1: Data Source 2: City Data Source 3: Average Engineering City of Fort Collins of Fort Collins Prior Published Cost of Data Product Estimate Prior Purchase Purchase Pricing Sources Banding, 3/4" width, 0.03" thick, 100 feetitote C206R 30 $ 115.00 $ 108.91 $ 91.49 $ 129.99 $ 110.13 Ear lokl buckles, 100/box C25699 8 $ 85.00 $ 73.94 $ 62.19 $ 79.99 $ 72.04 Sign brackets 50/box D00189 4 $ 175.00 $ 166.41 $ 140.05 $ 157.99 $ 154.82 Total $ 4,830.001 $ 4,524.46 $ 3,802.42 $ 5,171.58 $ 4,499.49 Source Notes 1: Prior City of Fort Collins purchase for banding supplies from Zumar (1/24/12) 2: Prior City of Fort Collins purchase for banding supplies from Safety Construction Supply (1/15/19) 3: Published Pricing at jdindustrialsupply.com (5/9/12) Signature of From:562i781+5088 03i08/2012 12 26 =052 P.0011001 DUPLICATE Zumar Industries, Inc INVOICE PO Box 2883 Santa Fe Springs, CA 90670 -- _ 562.941 .4633 Fax:562.941 .4643 �l Invoice n, 0135891 [✓Y/ Dare _ 01/24/12 Page # I Bill To:. C1Tl' OF FORT COLLINS Ship To: CITY OF FORTCOLLINS 035241. ACCOUNTING DFP7' TRAFFIC OPERATIONS P.O. ROX 580 025 9T11 STREET j FORT COLLINS, CO 805'_2-0580 FORT COLLINS, CO 80521 Fas:(970)'-21-6-8= I I FINAWH112MAF23 9:?0 !Order u Order Date _ Cust A SLs I Phase. Order #� Ship Via Ship Dar ei Terms ! —035241 I I 0130408 01/20/12 tE 1321207"1 S11111DIRFCT 01/24/12 NET 30 Order Ship BLD _ /tcm k/Desrriplinn t CgstJ Extended I 15� C206R9 3/4" V030"X100ET RED' JOTF 108.91 15 1633.65 10 10 D021 \ BX 166.41 1664.10: I 0021 FLARED LEG BRKT W/BOLT (BOX OF 50) / i 5 5 iC256 \ BX 73.94 1 369.70' C255 J.%a- BUCK !£S //t 1 THANK YOU FOR YOUR ORDER. L�APPR£CIA TE YOUR 61JSIIVESS PLEASE VISIT,.US ONLINE A i I I viww.:umar.ccm/ j 1 I 1 I , I i 1 ( I I I Sales Amount 3667.45 Discount--- __ I Customer Copy sales Tax ( 00; IF eight .00 - - - - - -- -- -Total Duo- — I 3667.45 SAFETY and CONSTRUCTION SUPPLY, INC. 0 I 5590 Joliet Street Denver, CO 80239 (303)371-8805 Fax: (303) 371-8815'Toll Free 1.800-748-2646 SOLD TO FORT COLLINS,CITY OF PO BOX 580 ACCTG DEPT. FORT COLLINS, CO 80522 * SEE REVERSE FOR TERMS OF SALE * 40030 CHRIS .•. 13 14 21 FINANCE '09JAN1410)25 SHIP TO CITY OF FT. COLLINS 625 9TH"STREET FT. COLL INS, CO 80524 NET 20 23352 12/31/08 10 5491 01/12/09 AC BK ORDER``FROM ORDER" # 23320 0 13' EA TOTE, BAND=`.IT�'BAND ,'S. S. , V4"X 91.490 100FT RED TOTE C206 R9 I • `4003 0 14 BX BUCKLES,BAND-IT,EAR-LOKT,3/4" 62.190 S..S:, '' 100/BOX C25699 C 4003 0 -.21 EA BRACK-ITS 140.050 D02189 1189.37 870.66 2941.05 JAN 12, 2009 13:10:25 OT: DH 2/ MERCHANDISE 5001.08 1tiFit iFirr9E�t�EiFi1 �FiFlt SHIP VIA DROP SHIP SHIPPING AND HANDLING (TAXABLE) 0.00 * INVOICE * **K**K*+E+L+(+F PAGE 1 OF 1 TAX 0.00 CHR I S (970) 218-3196 SHIPPING AND HANDLING 0.00 ON NET TERM INVOICES:PLEASE PAY FROM THIS INVOICE (NON-TAXABLE) (OTHER AMOUNT CHARGE IS NON-TAXABLE FREIGHT) TOTAL 5001.08