Loading...
HomeMy WebLinkAbout502606 MD SOLUTIONS - PURCHASE ORDER - 9123388City of Fort Collins Date: 06/12/2012 PURCHASE ORDER PO Number Page 9123388 1of6 IThis number must .appear on all invoices; packing slips afid labels. Vendor: 502606 Ship To: TRAFFIC OPERATIONS MD SOLUTIONS CITY OF FORT COLLINS 8225 ESTATES PKWY' 626 LINDEN STREET " PLAIN CITY Ohio 43064 FORT COLLINS Colorado 80524 Delivery Date: 06/11/2012 Buyer: JOHN STEPHEN Note: Line Descri lion Quantity ' Extended p Ordered UOM Unit Price Price MasonCor Traffic Signs & Posts 1 LOT LS 13,966.84 PER TERMS AND CONDITIONS OF BID 7373 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 consenf by.the Federal -Government, the,FederaI Government, is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, lor. 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 ,4seq . 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 lobe made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a 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: 970-221-67.07 Email:purchasing@fcgov.com PO BOX 560 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City. Of .9123388 4 of 6 F&tColhhs This number must appear /w on all invoices, packing / ~ ' slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price and Federal policies that may in the future affect construction activities.undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment;'without regard to their race, color,. creed, national origin, sex, or age. Suchaction 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 at49: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 FTAmay 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 thiscontract 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 bythe City of Fort Collins and contractor's receipt of the partial retainage:paymentrelated to the subcontractor s work. d. The contractormust promptly,notify City of.Fort Collins whenevera 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 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=6767 Email:purchasing@fcgov.com PO Box 580 - Fort Collins, CO 80522-0580 City of Fort Collins PURCHASE ORDER PO Number Page 9123388 5 of 6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none:of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By accepting this purchase order, the vendor or contractor certifies as follows The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance'with the Energy Policy and Conservation Act. 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 Total Invoice Address: $13,966.84 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 Fort Collins is exempt from sloe and local taxes. Our Exemption Number is 11. NONWANER. 98-04502. Federal Excise Tax Exemption Certificate of Registry "000587 is registered with the Collector of Failure of the Pwchamr 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, 1 M (a). exercise any rights no remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or 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 transit, may be =turned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof w any of its rights of 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 purposed oral modification ar rescission of this purchase order by the Purchaser operate as a waiver of any of the teens Inspection. GOODS are subject to the City of Fon Collins inspection an 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 an the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applimble required inspection promdures. violations are in fact boom by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have or hereafier Freight Tents. Shipments most be F.O.B., City of Fort Collins, 700 Wood 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 permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonco coming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purcbaser shipments are made from greater distance. _ may came the work to be performed by the most expeditious means available to it, and the Seller shall pay all toss 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 rates 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 Fan Collins hamnlus from and against all liability and loss incurred by than by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, 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 teas and conditions stated herein set forth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by reference. Any additional or different team and conditions proposed by seller are objected to suit hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an vow promised delivery date as noted. Time is of the essence. Delivery and peif rmourice must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of ibis provision. In the event of any delay, the Purchases shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not masombly foreseeable which are beyond is reasonable control and without is fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions musing 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 warrant, 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 can and competence in accordance with accepted standards for work of a similar mtwe. The Seller agrees to hold the purchaser harmless from any Ions, damage or expense which the Purchaser my s dfila Or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defers 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 airy applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be muusonably delayed), resulting from imperfect or defective work done a materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately tamed by the breach of any of the foregoing warranties or guarantees, 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 legal tarts by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the owns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affem the amount day or the time of performance hereunder, art equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to my or all portions of the goods than not shipped, subject to my equitable adjustment between the patties m to my 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 incide mil Or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve the Purchaser a the Seller of any of their oblig Ilion, as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty, (30).days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrens 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 effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The 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 part'. 10. TITLE. The Seller warrants full, clear and constricted ride to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, rumaions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, Officers and employees of sucb parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed at caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Inver, 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 contract, and shall indemnify the Purchaser for any con, 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 is own expense and at its option, either prone, fur the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, male an assignment for the benefit of creditors, appoint a receiveror trustee fur any of the Sellers property or business, this order may forthwith be canceled by the Purchaser vithow liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the rights of all parries 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 Represe min u(s), on the premises ofothers. IT SELLERS RESPONSIBILITY. ' The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in use 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 famished by others for installatim or account by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible thaefor as though such materials and/or equipment were being famished by the Seller =der the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of cookers compensation, including occupational disease benefits, 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 work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limns of at least $300,000 fur any one person, 5500,000 for any one accidentand property damage limitiper 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 contractors employees shall do any work upon the premises of others, the Seller shall furnish 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 more 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 of am,kind Or nature whatsoever to persons or property, caused by or resulting from the execution of the work provided for in this purchase order m in connection bmvvitb. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any 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 contractors, or any of the Sellers or contractors officers, agents Or employees. In case any suit or other proceedings shall be brought against the Purchaser, or is off cars, agents or employees at any time on account or by reason of any act, action, neglect, common or default of the Seller of any of his contractors or any of is or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all toss, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employees in such suits or other proceedings, and in case judgment or other than be placed upon or obtained against the property of the Purchaser, or said parties 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 band or otherwise. The Seller and his contriclors shall take all safety precautions, furnish 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 Aa of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010 City of Flirt- C61lihs PURCHASE -ORDER PO Number Page 9123388 2of6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 padwith 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. I I- C. The Contractor agrees to maintain all books, records, accounts and "reports required under this contract for a period of not less thamthree 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 socomply :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 tolthe 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. - 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: 910-221-6707 Email:purchasing@fcgov.com PO BOx 580,- :... Fort Collins, CO 80522-0580 City of. • : Fort Collins PURCHASE ORDER PO Number Page 9123388. 3of6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price b. Termination for Default if the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is.for services, the Contractor fails to.perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the.City may terminate this contract . for default: Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default: The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had anexcusable 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 Contractmithout 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 followingrequirements apply to the underlying contract (1) Nondiscrimination - In accordance with'Title Vl of the Civil Rights Act; as'amended, 42.U.S.C: § 2000d, section 303 of the Age Discrimination Act of 0975, 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 eta "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, - 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:Purctiasing, 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 Po Number Page Clt)/ Of •-` - ` 9123388 FOrt.F& CO�t�t1S This number must appear V on all invoices, packing slips and-tabels. Line Description Quantity UOM Unit Price Extended Ordered Price and Federal policies that may,in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action•to ensure that applicants are employed, and that employees are treated during employment; without regard to their race, color, creed, national origin; sex, or age.. Such.action shall include, but not be limited to; the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising layoff or termination; rates of pay or other forms of compensation; and selection for. training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49,U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the -Americans with Disabilities Act, as amended, 42 U.S.C. § 12112,-the Contractor agrees that it will comply.with the requirements of U.S. Equal EmploymentOpportunity 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 FortCollins deems appropriate.' Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph ( see 49 CF.R 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:paymentrelated to the subcontractor' "s work. d. The contractormust promptly notify City ofiFort 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 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 11, CPPO. City of -Fort Collins City of Fort Collins PSrchasing, PO'BOX 580, Fort Collins, CO 80522-0580 ACCOUntln. Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 - Fort Collins, CO 80522-0580 FCityof PURCHASE ORDER PO "umber Page 9123388 5of6 This number must appear Ort Collins all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none. of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By accepting this purchase order, the vendor or contractor certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly'sendered 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 corriply_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 13,966.84 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Telms and Conditions Page 6 of 6 1. COMMERCIAL DETAILS. Tax exemptions. By samte the City of Fan Collins; is exempt from sate and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 94fi6M587 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 Smmtes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evert of a breach, the acceptance of or pavment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to an 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 transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaserio insist upon strict performance hereofor any ofils rights orremedies as to any such goods, regardless, instructions from the City cf Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the team Inspection. GOODS are subject to the City of Fort 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 arc 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 now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood St., Fan 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 permission is given to prepay feight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming m defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from 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 Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, Ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly commuled public authority having jurisdiction over the work of ,endar. Seller further agrees to hold the City of Fan Collins hamdem from and against all liability' and loss incurred by them by reason of an asserted in established violation of my such laws, regulations, ordinances, rules and requirements. . Authorization All parties to this cmani agree that the tepresmottives are, in fact, boon fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly boom acceptance to the terns and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated berem by reference. Any additional or different terms and conditons proposed by seller are objected to and herby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery date as noted. Time is of the essence: Delivery and performance must be effected within the time stated an the purchase order and the documents 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 Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this Order elsewhere and holding the Seller liable fOr damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which an beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil Or military authorities, governmental priorities, fires, strikes, flood, epidemics, cams or riots provided that notice of the conditons causing such delay is given to the Purchaser within five (5) days of the Time when the Seller firal received knowledge thereof. In the evert of my 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 cam and competence m accordance with accepted standards for work of a similar mature. 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 warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fndis arising within me (1) year m within such longer period of time as may be prescribed by law or by the terms of any applicable warmly provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be mueasmaMy delayed), resulting f mz 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 warranty. Except w 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 guarantees, 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 legal team by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings,by verbal or written change order. If any such change effects the amount due or the tow m7performance hereunder, an equitable ndjusment shall be im 1, 6. TERMINATIONS. The Purchaser may at any time by written change order, termiwte ibis agreement u to any or all portions of the goods than not shipped, subject to any equitable adjusment between the parties as to any work or materials firn in progress provided that the Purchaser shall not be liable for any claims fin anticipated profits on the uncompleted pmim of the goods and/or work, for incidental Or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser Or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30). days firm 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 famished 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 effect at evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorpomnd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cosm and damages suffered by the Purchaser m 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 warrants full, clear and umestriaed title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. costs associated with such work. The Seller shall release the Purchase and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Sellers contactual 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 lamer, 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 contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reasm of such infringement at any time during the prosecution'or aster the completion Witte 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 fin the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. I- If the Seller shall become insolvent or bankrupt, make an assignment for. The baaefil of creditors, appoint a receiver or coulee fur any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of team used or the interpretation of the agreement and the riglns of all parties hereunder shall be construed underand governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sc*Ts Representative(s), oh the premises of often. 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 andim materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When matmals and equipment are furnished by others fur installation or erection by the Seller, the Seller shall receive, unload. state and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own'expense, provide for the payment of workers comper mtion,'includmg occupational disease benefits, 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 sate in which the work is to be done. The Seller shall also carry 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, S500,000 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 contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Sub certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance "pins. The Seller agrees that such campertsurim 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 far any and all damage, loss or injury of any.kind ar nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any err all of the Purchasers officers, agents and employees from and against any 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 in default on the pan of the Seiler, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any rime on account m 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 in employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn 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 parties in or as a result of such shim 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 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 Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010 City of-..: FOr-t C611ins Date: 06/12/2012 PURCHASE ORDER PO Number Page 9123388 . 1 of 6 This number must.appear on all invoices, packing slips and labels. Vendor: 502606 Ship To: TRAFFIC OPERATIONS MD SOLUTIONS CITY OF FORT COLLINS 8225 ESTATES PKWY 626 LINDEN STREET " PLAIN CITY Ohio 43064 FORT COLLINS Colorado 80524 Delivery Date: 06/11/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity ' UOM Unit Price. Extended Ordered Price 1 MasonCor Traffic Signs & Posts _ '.1`LOT LS : 13,966.84 PER TERMS AND CONDITIONS OF BID 7373 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 Govern ment,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 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: 970-221-67.07 Email:purchasing@fcgov.com PQ BOX 580. Fort Collins, CO 80522-0580 City OfPURCHASE ORDER PO Number Page ' /�- 9123388' z of e Flirt •r O1[' hS This number must appear V on all invoices, packing / ~ Z slips and labels: Line Description Quantity UOM Unit Price Extended Ordered Price 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 whatsoeverbr 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"tinay be amended br promulgated from time to time during the term of this contract. Contractor's failureto so comply:'shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience The City.may terminate this contractJn 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 Contractorwill account for the same, and dispose of it in the manner the Citv directs. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970- 221-6707 Email:purchasing@fcgov.com — Invoice Address: - 'City of'Foit Collins Accounting Department PO Box 580.: Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City OF 9123388 . 3 of s number must appear Fort CollinsIThi: on ll invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner -called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the.City may terminate this contract . for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had anexcusable 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.. 1- (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contracts (a) Race;'Color, Creed,.National Origin, Sex -'In accordance.with Title VIl 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 etw seq ., (which implement Executive Order No. 1.1246, "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,' 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 130XS80, 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