HomeMy WebLinkAbout284919 ECONOLITE CONTROL PRODUCTS INC - PURCHASE ORDER - 9123964City of
�,.Fo_rt Collins
Date: 07/11/2012
PURCHASE ORDER
Vendor: 284919
ECONOLITE CONTROL PRODUCTS INC
3360 E LA PALMA AVE
ANAHEIM California 92806-2858
PO Number Page
9123964 1 of 14
This number must appear
on all invoices, packing
slips and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS Colorado 80524
Delivery Date: 07/11/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Video Detection Equipment
V
EECBG Grant
1 LOT LS
74,060.00
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK
GRANT PROGRAM - FORMULA GRANTS
TABLE OF CONTENTS
1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 2
2. LOBBYING RESTRICTIONS 2
3. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE
OF CONGRESS 2
4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP 2
5. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS 3
6. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS 3
7. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAY 2009) 4
8. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF
THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) 8
9. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER
INTERNATIONAL AGREEMENTS) --SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009 (MAY 2009) 11
10. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009) 15
1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and
regulations for work performed under this award.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
�,.Fo_rt Collins
Date: 07/11/2012
PURCHASE ORDER
Vendor: 284919
ECONOLITE CONTROL PRODUCTS INC
3360 E LA PALMA AVE
ANAHEIM California 92806-2858
PO Number Page
9123964 1 of 14
This number must appear
on all invoices, packing
slips and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS Colorado 80524
Delivery Date: 07/11/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Video Detection Equipment
V
EECBG Grant
1 LOT LS
74,060.00
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK
GRANT PROGRAM - FORMULA GRANTS
TABLE OF CONTENTS
1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 2
2. LOBBYING RESTRICTIONS 2
3. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE
OF CONGRESS 2
4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP 2
5. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS 3
6. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS 3
7. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAY 2009) 4
8. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF
THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) 8
9. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER
INTERNATIONAL AGREEMENTS) --SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009 (MAY 2009) 11
10. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009) 15
1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and
regulations for work performed under this award.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number IPage
9123964 110of14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS. THIS AWARD TERM ALSO APPLIES TO
ALL SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition --
Designated country -
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium,
Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong,
Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg,
Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden,
Switzerland, and United Kingdom;
(2) Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El
Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or
(3) A United States -European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium,
Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy,
Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia,
Spain, Sweden, and United Kingdom.
Designated country iron, steel, and/or manufactured goods -
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from another country, has
been substantially transformed in a designated country into a new and different manufactured good distinct from
the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good -
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another country, has
been substantially transformed in the United States into a new and different manufactured good distinct from the
materials from which it was transformed. There is no requirement with regard to the origin of components or
subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the
United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic
or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the building or work that
has been--
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the properties of the
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number IPage
9123964 110of14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS. THIS AWARD TERM ALSO APPLIES TO
ALL SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition --
Designated country -
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium,
Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong,
Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg,
Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden,
Switzerland, and United Kingdom;
(2) Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El
Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or
(3) A United States -European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium,
Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy,
Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia,
Spain, Sweden, and United Kingdom.
Designated country iron, steel, and/or manufactured goods -
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from another country, has
been substantially transformed in a designated country into a new and different manufactured good distinct from
the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good -
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another country, has
been substantially transformed in the United States into a new and different manufactured good distinct from the
materials from which it was transformed. There is no requirement with regard to the origin of components or
subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the
United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic
or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the building or work that
has been--
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the properties of the
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 11 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
individual raw materials.
Public building and public work means a public building of, and a public work of, a governmental entity (the
United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United
States; State and local governments; and multi -State, regional, or interstate entities which have governmental
functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports,
terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the
construction, alteration, maintenance, or repair of such buildings and works. 031510 Not Specified/Other 16 Steel
means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other
elements.
b. Iron, steel, and manufactured goods.
(1) The award term and condition described in this section implements--
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act), by
requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with
U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not
apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in section
1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an
international agreement that obligates the recipient to treat the goods and services of that Party the same as
domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000
or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in
performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4) of
this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured goods
listed by the Federal Government as follows:
None
[Award official to list applicable excepted materials or indicate "none"]
(4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this
section if the Federal Government determines that--
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic
iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such
material will increase the overall cost of the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient
and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public
interest.
c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act.
C3. O✓lII.�-sQ �
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 11 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
individual raw materials.
Public building and public work means a public building of, and a public work of, a governmental entity (the
United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United
States; State and local governments; and multi -State, regional, or interstate entities which have governmental
functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports,
terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the
construction, alteration, maintenance, or repair of such buildings and works. 031510 Not Specified/Other 16 Steel
means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other
elements.
b. Iron, steel, and manufactured goods.
(1) The award term and condition described in this section implements--
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act), by
requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with
U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not
apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in section
1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an
international agreement that obligates the recipient to treat the goods and services of that Party the same as
domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000
or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in
performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4) of
this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured goods
listed by the Federal Government as follows:
None
[Award official to list applicable excepted materials or indicate "none"]
(4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this
section if the Federal Government determines that--
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic
iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such
material will increase the overall cost of the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient
and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public
interest.
c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act.
C3. O✓lII.�-sQ �
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
Fort Collins
PURCHASE ORDER
PO Number IPage
9123964 112 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph
(b)(4) of this section shall include adequate information for Federal Government evaluation of the request,
including --
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in
accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost
comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any
applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a
project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably
foresee the need for such determination and could not have requested the determination before the funds were
obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a
determination.
(2) If the Federal Government determines after funds have been obligated for a project for construction,
alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award
official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When
the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the
award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated
with acquiring or using the foreign iron, steel, and/or relevant manufactured goods.. When the basis for the
exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall
adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in
2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies,
use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or
manufactured goods is noncompliant with the applicable Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the
applicant shall include the following information and any applicable supporting data based on the survey of
suppliers:
Foreign and Domestic Items Cost Comparison
-108 Description Unit of Measure Quantity Cost (dollars)'
-108 Item 1:
-108 Foreign steel, iron, or manufactured good
-108 Domestic steel, iron, or manufactured good
-108 Item 2:
-108 Foreion steel, iron, or manufactured good
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
Fort Collins
PURCHASE ORDER
PO Number IPage
9123964 112 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph
(b)(4) of this section shall include adequate information for Federal Government evaluation of the request,
including --
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in
accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost
comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any
applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a
project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably
foresee the need for such determination and could not have requested the determination before the funds were
obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a
determination.
(2) If the Federal Government determines after funds have been obligated for a project for construction,
alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award
official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When
the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the
award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated
with acquiring or using the foreign iron, steel, and/or relevant manufactured goods.. When the basis for the
exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall
adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in
2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies,
use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or
manufactured goods is noncompliant with the applicable Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the
applicant shall include the following information and any applicable supporting data based on the survey of
suppliers:
Foreign and Domestic Items Cost Comparison
-108 Description Unit of Measure Quantity Cost (dollars)'
-108 Item 1:
-108 Foreign steel, iron, or manufactured good
-108 Domestic steel, iron, or manufactured good
-108 Item 2:
-108 Foreion steel, iron, or manufactured good
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
�,.Fo_rt Collins
PURCHASE ORDER
PO Number I Page
9123964 13 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
-108 Domestic steel, iron, or manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.
Include other applicable supporting information.
'Include all delivery costs to the construction site.
10. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009)
a. To maximize the transparency and accountability of funds authorized under the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act) as required by Congress and in accordance with 2
CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A--102
Common Rules provisions, recipients agree to maintain records that identify adequately the source and
application of Recovery Act funds. OMB Circular A--102 is available at
hftp://www.whitehouse.gov/omb/circulars/al02/alO2.html
b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A--133, "Audits of
States, Local Governments, and Non -Profit Organizations," recipients agree to separately identify the
expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF --SAC) required by OMB Circular A--133. OMB Circular A--133 is
available at http://www.whitehouse.gov/omb/circulars/al33/al33.html. This shall be accomplished by identifying
expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows
under Item 9 of Part III on the SF --SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the
name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF --SAC.
c. Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the
time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds.
When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients
shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing
program.
d. Recipients agree to require their subrecipients to include on their SEFA information to specifically identify
Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is
needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by
the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office.
Total $74,060.00
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
City of
�,.Fo_rt Collins
PURCHASE ORDER
PO Number I Page
9123964 13 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
-108 Domestic steel, iron, or manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.
Include other applicable supporting information.
'Include all delivery costs to the construction site.
10. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009)
a. To maximize the transparency and accountability of funds authorized under the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act) as required by Congress and in accordance with 2
CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A--102
Common Rules provisions, recipients agree to maintain records that identify adequately the source and
application of Recovery Act funds. OMB Circular A--102 is available at
hftp://www.whitehouse.gov/omb/circulars/al02/alO2.html
b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A--133, "Audits of
States, Local Governments, and Non -Profit Organizations," recipients agree to separately identify the
expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF --SAC) required by OMB Circular A--133. OMB Circular A--133 is
available at http://www.whitehouse.gov/omb/circulars/al33/al33.html. This shall be accomplished by identifying
expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows
under Item 9 of Part III on the SF --SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the
name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF --SAC.
c. Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the
time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds.
When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients
shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing
program.
d. Recipients agree to require their subrecipients to include on their SEFA information to specifically identify
Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is
needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by
the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office.
Total $74,060.00
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Temis and Conditions
Page 14 of 14
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collus is exempt from stale and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Deaver. Colorado (Ref. Colorado Raised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe 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 wan -unties or obligations of this purchase order and shall not be deemed a waiver ofany right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
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 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 now have or hereafter
Freight Terms. 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 must 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 nonconforming or defective goods by a date to be ngreed upon by the
expected from the nearest distribution point to destitution, 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
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the suite, municipality, territory or political subdivision where
the work is performed, or required by any other duly comu ited 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 asserted or established violation of any such laws, regulations, ordinances, mles
and requirements.
Authorization. All parties to this contract agree that the repmxenmtives at, 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 additiorml or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivey and performance most 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 partial late deliveries, shall operate as a waiver of this provision. In the event ofany 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 are beyond its reasoruble control and without its fault of negligence,
such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, Flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andfor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards 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 on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms ofany applicable wer ary provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of my 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 my of the foregoing warranties
or guarantees, but such liability shall in no event include loss of prelim or loss of use. NO INIPLI ED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wrten change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, 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 affects the amount due or the time ofperfarmance 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 equiable adjustment between the parties as to any work or materials then in
prob ess provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADIUST'MENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or micnination 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 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 party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
T'he Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance ofsuch 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 puny.
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. PATEN7 S.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part 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
noninfriaging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same nt the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
Its. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
anfor 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 limits of at least $300,000 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. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certiticmes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECT'ION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or 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 hmnfless the Purchaser and any
or all of the Purchasers ollicers, 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 tiny 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 time on account or
by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and 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 suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall Like 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 pursuit thereto.
Ravised 03/2010
Purchase Order Temis and Conditions
Page 14 of 14
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collus is exempt from stale and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Deaver. Colorado (Ref. Colorado Raised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe 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 wan -unties or obligations of this purchase order and shall not be deemed a waiver ofany right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
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 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 now have or hereafter
Freight Terms. 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 must 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 nonconforming or defective goods by a date to be ngreed upon by the
expected from the nearest distribution point to destitution, 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
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the suite, municipality, territory or political subdivision where
the work is performed, or required by any other duly comu ited 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 asserted or established violation of any such laws, regulations, ordinances, mles
and requirements.
Authorization. All parties to this contract agree that the repmxenmtives at, 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 additiorml or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivey and performance most 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 partial late deliveries, shall operate as a waiver of this provision. In the event ofany 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 are beyond its reasoruble control and without its fault of negligence,
such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, Flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andfor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards 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 on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms ofany applicable wer ary provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of my 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 my of the foregoing warranties
or guarantees, but such liability shall in no event include loss of prelim or loss of use. NO INIPLI ED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wrten change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, 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 affects the amount due or the time ofperfarmance 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 equiable adjustment between the parties as to any work or materials then in
prob ess provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADIUST'MENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or micnination 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 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 party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
T'he Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance ofsuch 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 puny.
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. PATEN7 S.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part 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
noninfriaging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same nt the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
Its. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
anfor 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 limits of at least $300,000 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. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certiticmes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECT'ION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or 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 hmnfless the Purchaser and any
or all of the Purchasers ollicers, 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 tiny 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 time on account or
by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and 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 suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall Like 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 pursuit thereto.
Ravised 03/2010
Whitcomb & Prospect
Taft Hill & Mulberry
Shields & Elizabeth
Loomis & Laurel
Whedbee & Mulberry
Remington & Prospect
College & Laurel
Camera
Bracket
TAP
TIP
Panel
Harness
Wire
$ 3,800.00
$ 60.00
$ 1,850.00
$ 955.00
$ 155.00
$ 20.00
$ 0.15
north/south
2
2
1
1
1
1
$
10,580.00
400
east/west
2
2
1
1
1
1
$
10,580.00
400
east/west
2
2
1
1
1
1
$
10,580.00
400
north/south
2
2
1
1
1
1
$
10,580.00
400
north/south
2
2
1
1
1
1
$
10,580.00
400
north/south
2
2
1
1
1
1
$
10,580.00
400
east/west
2
2
1
1
1
1
$
10,580.00
400
$ 74,060.00
Whitcomb & Prospect
Taft Hill & Mulberry
Shields & Elizabeth
Loomis & Laurel
Whedbee & Mulberry
Remington & Prospect
College & Laurel
Camera
Bracket
TAP
TIP
Panel
Harness
Wire
$ 3,800.00
$ 60.00
$ 1,850.00
$ 955.00
$ 155.00
$ 20.00
$ 0.15
north/south
2
2
1
1
1
1
$
10,580.00
400
east/west
2
2
1
1
1
1
$
10,580.00
400
east/west
2
2
1
1
1
1
$
10,580.00
400
north/south
2
2
1
1
1
1
$
10,580.00
400
north/south
2
2
1
1
1
1
$
10,580.00
400
north/south
2
2
1
1
1
1
$
10,580.00
400
east/west
2
2
1
1
1
1
$
10,580.00
400
$ 74,060.00
Labor
Equipment
$ 40.00
$ 30.00
8
8
$ 620.12
8
8
$ 620.12
8
8
$ 620.12
8
8
$ 620.12
8
8
$ 620.12
8
8
$ 620.12
8
8
$ 620.12
$ 4,340.84
$ 78,400.84
Labor
Equipment
$ 40.00
$ 30.00
8
8
$ 620.12
8
8
$ 620.12
8
8
$ 620.12
8
8
$ 620.12
8
8
$ 620.12
8
8
$ 620.12
8
8
$ 620.12
$ 4,340.84
$ 78,400.84
Excluded Parties List System
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https://www.epls.gov/epls/search.do 7/ 11 /2012
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 2 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
2. LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the award shall be
expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters
pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.
This restriction is in addition to those prescribed elsewhere in statute and regulation.
3. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE
OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this award should be American -made.
4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your parent's
filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii) your consent to the
institution of an involuntary case under the Bankruptcy Act against you or your parent; (iii) the filing of any similar
proceeding for or against you or your parent, or its consent to, the dissolution, winding -up or readjustment of your
debts, appointment of a receiver, conservator, trustee, or other officer with similar powers over you, under any
other applicable state or federal law; or (iv) your insolvency due to your inability to pay your debts generally as
they become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of an event
referenced in paragraph a; (ii) provide the facts surrounding that event; and (iii) provide the impact such event will
have on the project being funded by this award.
c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right to
conduct a review of your award to determine your compliance with the required elements of the award (including
such items as cost share, progress towards technical project objectives, and submission of required reports). If
the DOE review determines that there are significant deficiencies or concerns with your performance under the
award, DOE reserves the right to impose additional requirements, as needed, including (i) change your payment
method; or (ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of this
financial assistance award by the Contracting Officer.
5. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You are restricted from taking any action using Federal funds, which would have an adverse effect on the
environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA clearance
or a final NEPA decision regarding this project. Prohibited actions include: 1) Replacement of boilers in two
municipal buildings (300 LaPorte Ave. and the Fort Collins Museum Building) and 2) Automated electrical load
management controls in one municipal building (the Downtown Transit Center). These actions are not to be
undertaken until Fort Collins provides a letter of approval from the Colorado State Historical Preservation Officer.
This restriction does not preclude you from: the following actions that are listed in the Activity Sheets in
Attachment 2 of the grant: 1) Automated electrical load management controls in three municipal buildings (281
N College, Transfort Operations Center, & the Fort Collins Senior Center), 2) energy conservation education and
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 2 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
2. LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the award shall be
expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters
pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.
This restriction is in addition to those prescribed elsewhere in statute and regulation.
3. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE
OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this award should be American -made.
4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your parent's
filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii) your consent to the
institution of an involuntary case under the Bankruptcy Act against you or your parent; (iii) the filing of any similar
proceeding for or against you or your parent, or its consent to, the dissolution, winding -up or readjustment of your
debts, appointment of a receiver, conservator, trustee, or other officer with similar powers over you, under any
other applicable state or federal law; or (iv) your insolvency due to your inability to pay your debts generally as
they become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of an event
referenced in paragraph a; (ii) provide the facts surrounding that event; and (iii) provide the impact such event will
have on the project being funded by this award.
c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right to
conduct a review of your award to determine your compliance with the required elements of the award (including
such items as cost share, progress towards technical project objectives, and submission of required reports). If
the DOE review determines that there are significant deficiencies or concerns with your performance under the
award, DOE reserves the right to impose additional requirements, as needed, including (i) change your payment
method; or (ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of this
financial assistance award by the Contracting Officer.
5. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You are restricted from taking any action using Federal funds, which would have an adverse effect on the
environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA clearance
or a final NEPA decision regarding this project. Prohibited actions include: 1) Replacement of boilers in two
municipal buildings (300 LaPorte Ave. and the Fort Collins Museum Building) and 2) Automated electrical load
management controls in one municipal building (the Downtown Transit Center). These actions are not to be
undertaken until Fort Collins provides a letter of approval from the Colorado State Historical Preservation Officer.
This restriction does not preclude you from: the following actions that are listed in the Activity Sheets in
Attachment 2 of the grant: 1) Automated electrical load management controls in three municipal buildings (281
N College, Transfort Operations Center, & the Fort Collins Senior Center), 2) energy conservation education and
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 3 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
public relations campaign, 3) demonstration projects --Earth Tube in -vessel composting of restaurant and
landscape wastes and solar powered compacting trash receptacles, 4) installation of innovative computer
hardware and software, 5) install 1.25 miles of sidewalk/bike lanes on Mountain Avenue from Meldrum to
Riverside, 6) pilot test of —bike Box11 at the Plum and Shield Streets intersection, 7) extend Lincoln Street
pedestrian path one-half mile where it borders the Buckingham Neighborhood, 8) adopt and implement
comprehensive green building codes for construction and major renovation of residential and commercial
buildings, 9)provide technical assistance to commercial building owners to implement energy efficiency and
conservation projects, 10) provide incentives for installation of solar thermal hot water heaters, 11) obtain
technical assistance for tracking and progress reporting of greenhouse gas emissions mandated by the Fort
Collins adopted Climate Action Plan, and 12) installation of a 25kW photovoltaic system on one municipal
building.
HISTORIC PRESERVATION CLAUSE APPLIES (See Section 31)
If this award includes construction activities, you must submit an environmental evaluation report/evaluation
notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA process.
6. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any
obligation to the recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the recipient's
facilities, or (ii) any costs which may be incurred by the recipient in connection with the D&D of any of its facilities
due to the performance of the work under this Agreement, whether said work was performed prior to or
subsequent to the effective date of this Agreement.
7. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve
and create jobs and promote economic recovery, assist those most impacted by the recession, provide
investments needed to increase economic efficiency by spurring technological advances in science and health,
invest in transportation, environmental protection, and other infrastructure that will provide long-term economic
benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential
services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that
maximizes job creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance,
accountability, transparency, data collection and resources as specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or
updating the existing DUNS record), and registering with the Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete
projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and
related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate
U
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 3 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
public relations campaign, 3) demonstration projects --Earth Tube in -vessel composting of restaurant and
landscape wastes and solar powered compacting trash receptacles, 4) installation of innovative computer
hardware and software, 5) install 1.25 miles of sidewalk/bike lanes on Mountain Avenue from Meldrum to
Riverside, 6) pilot test of —bike Box11 at the Plum and Shield Streets intersection, 7) extend Lincoln Street
pedestrian path one-half mile where it borders the Buckingham Neighborhood, 8) adopt and implement
comprehensive green building codes for construction and major renovation of residential and commercial
buildings, 9)provide technical assistance to commercial building owners to implement energy efficiency and
conservation projects, 10) provide incentives for installation of solar thermal hot water heaters, 11) obtain
technical assistance for tracking and progress reporting of greenhouse gas emissions mandated by the Fort
Collins adopted Climate Action Plan, and 12) installation of a 25kW photovoltaic system on one municipal
building.
HISTORIC PRESERVATION CLAUSE APPLIES (See Section 31)
If this award includes construction activities, you must submit an environmental evaluation report/evaluation
notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA process.
6. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any
obligation to the recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the recipient's
facilities, or (ii) any costs which may be incurred by the recipient in connection with the D&D of any of its facilities
due to the performance of the work under this Agreement, whether said work was performed prior to or
subsequent to the effective date of this Agreement.
7. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve
and create jobs and promote economic recovery, assist those most impacted by the recession, provide
investments needed to increase economic efficiency by spurring technological advances in science and health,
invest in transportation, environmental protection, and other infrastructure that will provide long-term economic
benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential
services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that
maximizes job creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance,
accountability, transparency, data collection and resources as specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or
updating the existing DUNS record), and registering with the Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete
projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and
related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate
U
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 4 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
records for Recovery Act funds and to ensure those records comply with the requirements of the Act.
The Government has not fully developed the implementing instructions of the Recovery Act, particularly
concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided
these details as they become available. The Recipient must comply with all requirements of the Act. If the
recipient believes there is any inconsistency between ARRA requirements and current award terms and
conditions, the issues will be referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting
codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or modification
using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.
Non -Federal employer means any employer with respect to covered funds - the contractor, subcontractor,
grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer;
and any professional membership organization, certification of other professional body, any agent or licensee of
the Federal government, or any person acting directly or indirectly in the interest of an employer receiving
covered funds; or with respect to covered funds received by a State or local government, the State or local
government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or
subcontractor of the State or local government; and does not mean any department, agency, or other entity of the
federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal government (including
Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that
receives Recovery Act Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial
and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and
separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any
other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act
projects.
Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of
2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any casino or other
gambling establishment, aquarium, zoo, golf course, or swimming pool.
C. Access to Records
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 4 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
records for Recovery Act funds and to ensure those records comply with the requirements of the Act.
The Government has not fully developed the implementing instructions of the Recovery Act, particularly
concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided
these details as they become available. The Recipient must comply with all requirements of the Act. If the
recipient believes there is any inconsistency between ARRA requirements and current award terms and
conditions, the issues will be referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting
codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or modification
using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.
Non -Federal employer means any employer with respect to covered funds - the contractor, subcontractor,
grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer;
and any professional membership organization, certification of other professional body, any agent or licensee of
the Federal government, or any person acting directly or indirectly in the interest of an employer receiving
covered funds; or with respect to covered funds received by a State or local government, the State or local
government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or
subcontractor of the State or local government; and does not mean any department, agency, or other entity of the
federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal government (including
Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that
receives Recovery Act Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial
and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and
separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any
other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act
projects.
Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of
2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any casino or other
gambling establishment, aquarium, zoo, golf course, or swimming pool.
C. Access to Records
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 9123964 5 of 14
FortFortThis number must appear
Collins
" on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or
otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any
representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act
of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized -
(1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or
local agency administering such contract that pertain to, and involve transactions relation to, the subcontract,
subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such
transactions.
D. Publication
An application may contain technical data and other data, including trade secrets and/or privileged or
confidential information, which the applicant does not want disclosed to the public or used by the Government for
any purpose other than the application. To protect such data, the applicant should specifically identify each page
including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the
application with the following Notice as well as referring to the Notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages ---- of this application have been submitted in confidence and contain trade secrets
or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if
this applicant receives an award as a result of or in connection with the submission of this application, DOE shall
have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit
the Government's right to use or disclose data obtained without restriction from any source, including the
applicant.
Information about this agreement will be published on the Internet and linked to the website www.recovery.gov ,
maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other
information on the website on a case -by -case basis when necessary to protect national security or to protect
information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code.
E. Protecting State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to:
Prohibition on Reprisals: An employee of any non -Federal employer receiving covered funds under the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an
employee' s duties, to the Accountability and Transparency Board, an inspector general, the Comptroller
General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with
supervisory authority over the employee (or other person working for the employer who has the authority to
investigate, discover or terminate misconduct, a court or grant jury, the head of a Federal agency, or their
representatives information that the employee believes is evidence of:
gross management of an agency contract or grant relating to covered funds;
-a gross waste of covered funds
a substantial and specific danger to public health or safety related to the implementation or use of covered
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 PO Number Page
CI�/ Of 9123964 5 of 14
FortFortThis number must appear
Collins
" on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or
otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any
representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act
of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized -
(1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or
local agency administering such contract that pertain to, and involve transactions relation to, the subcontract,
subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such
transactions.
D. Publication
An application may contain technical data and other data, including trade secrets and/or privileged or
confidential information, which the applicant does not want disclosed to the public or used by the Government for
any purpose other than the application. To protect such data, the applicant should specifically identify each page
including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the
application with the following Notice as well as referring to the Notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages ---- of this application have been submitted in confidence and contain trade secrets
or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if
this applicant receives an award as a result of or in connection with the submission of this application, DOE shall
have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit
the Government's right to use or disclose data obtained without restriction from any source, including the
applicant.
Information about this agreement will be published on the Internet and linked to the website www.recovery.gov ,
maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other
information on the website on a case -by -case basis when necessary to protect national security or to protect
information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code.
E. Protecting State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to:
Prohibition on Reprisals: An employee of any non -Federal employer receiving covered funds under the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an
employee' s duties, to the Accountability and Transparency Board, an inspector general, the Comptroller
General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with
supervisory authority over the employee (or other person working for the employer who has the authority to
investigate, discover or terminate misconduct, a court or grant jury, the head of a Federal agency, or their
representatives information that the employee believes is evidence of:
gross management of an agency contract or grant relating to covered funds;
-a gross waste of covered funds
a substantial and specific danger to public health or safety related to the implementation or use of covered
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
�,.Fo_rt Collins
PURCHASE ORDER
PO Number Page
9123964 6 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
funds;
-an abuse of authority related to the implementation or use of covered funds; or
-as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation
of a contract) or grant, awarded or issued relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head
of the agency shall determine whether there is sufficient basis to conclude that the non -Federal employer has
subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or
in part or shall take one or more of the following actions:
Order the employer to take affirmative action to abate the reprisal.
Order the employer to reinstate the person to the position that the person held before the reprisal, together with
compensation including back pay, compensatory damages, employment benefits, and other terms and conditions
of employment that would apply to the person in that position if the reprisal had not been taken.
Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses
(including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in
connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent
jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as
provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this
section may not be waived by any agreement, policy, form, or condition of employment, including any predispute
arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of
a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and remedies as required
therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5,
www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.).
F. Request for Reimbursement
Reserved
G. False Claims Act
Recipient and sub -recipients shall promptly refer to the DOE or other appropriate Inspector General any credible
evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other person has submitted
a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,
conflict or interest, bribery, gratuity or similar misconduct involving those funds-
H. Information in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act
including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the
request of the Contracting Officer or designee.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
�,.Fo_rt Collins
PURCHASE ORDER
PO Number Page
9123964 6 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
funds;
-an abuse of authority related to the implementation or use of covered funds; or
-as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation
of a contract) or grant, awarded or issued relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head
of the agency shall determine whether there is sufficient basis to conclude that the non -Federal employer has
subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or
in part or shall take one or more of the following actions:
Order the employer to take affirmative action to abate the reprisal.
Order the employer to reinstate the person to the position that the person held before the reprisal, together with
compensation including back pay, compensatory damages, employment benefits, and other terms and conditions
of employment that would apply to the person in that position if the reprisal had not been taken.
Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses
(including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in
connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent
jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as
provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this
section may not be waived by any agreement, policy, form, or condition of employment, including any predispute
arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of
a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and remedies as required
therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5,
www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.).
F. Request for Reimbursement
Reserved
G. False Claims Act
Recipient and sub -recipients shall promptly refer to the DOE or other appropriate Inspector General any credible
evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other person has submitted
a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,
conflict or interest, bribery, gratuity or similar misconduct involving those funds-
H. Information in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act
including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the
request of the Contracting Officer or designee.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 7 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
I. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs
until September 30, 2015.
J. Additional Funding Distribution and Assurance of Appropriate Use of Funds
Applicable if award is to a State Government or an Agency
Certification by Governor -- Not later than April 3, 2009, for funds provided to any State or agency thereof by the
American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall certify that: 1)
the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote
economic growth.
Acceptance by State Legislature -- If funds provided to any State in any division of the Act are not accepted for
use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent
resolution, shall be sufficient to provide funding to such State.
Distribution - After adoption of a State legislature' s concurrent resolution, funding to the State will be for
distribution to local governments, councils of government, public entities, and public -private entities within the
State either by formula or at the State' s discretion.
K. Certifications
With respect to funds made available to State or local governments for infrastructure investments under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the Governor, mayor, or other chief executive,
as appropriate, certified by acceptance of this award that the infrastructure investment has received the full
review and vetting required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that
includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for
posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds
made available by the Act unless this certification is made and posted.
8. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF
THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION,
ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK AND THE TOTAL
PROJECT VALUE IS ESTIMATED LESS THAN $7,443,000. THIS AWARD TERM ALSO APPLIES TO ALL
SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition--
(1) Manufactured good means a good brought to the construction site for incorporation into the building or work
that has been-
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different properties than the properties of the
individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a governmental entity (the
C3. Oi'1�s4 �
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 7 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
I. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs
until September 30, 2015.
J. Additional Funding Distribution and Assurance of Appropriate Use of Funds
Applicable if award is to a State Government or an Agency
Certification by Governor -- Not later than April 3, 2009, for funds provided to any State or agency thereof by the
American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall certify that: 1)
the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote
economic growth.
Acceptance by State Legislature -- If funds provided to any State in any division of the Act are not accepted for
use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent
resolution, shall be sufficient to provide funding to such State.
Distribution - After adoption of a State legislature' s concurrent resolution, funding to the State will be for
distribution to local governments, councils of government, public entities, and public -private entities within the
State either by formula or at the State' s discretion.
K. Certifications
With respect to funds made available to State or local governments for infrastructure investments under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the Governor, mayor, or other chief executive,
as appropriate, certified by acceptance of this award that the infrastructure investment has received the full
review and vetting required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that
includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for
posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds
made available by the Act unless this certification is made and posted.
8. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF
THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION,
ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK AND THE TOTAL
PROJECT VALUE IS ESTIMATED LESS THAN $7,443,000. THIS AWARD TERM ALSO APPLIES TO ALL
SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition--
(1) Manufactured good means a good brought to the construction site for incorporation into the building or work
that has been-
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different properties than the properties of the
individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a governmental entity (the
C3. Oi'1�s4 �
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 8 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United
States; State and local governments; and multi -State, regional, or interstate entities which have governmental
functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports,
terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the
construction, alteration, maintenance, or repair of such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may
include other elements.
b. Domestic preference.
(1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of
2009 (Recovery Act) (Pub. L. 111--5), by requiring that all iron, steel, and manufactured goods used in the project
are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as follows:
None
[Award official to list applicable excepted materials or indicate "none"]
(3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this
section and condition if the Federal Government determines that--
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of
domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of
such material will increase the cost of the overall project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient
and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public
interest.
c. Request for determination of inapplicability of Section 1605 of the Recovery Act .
(1)
(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph
(b)(3) of this section shall include adequate information for Federal Government valuation of the request,
including -
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in
accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost
comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction
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
Accounting Department
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
PO Box 580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9123964 8 of 14
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United
States; State and local governments; and multi -State, regional, or interstate entities which have governmental
functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports,
terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the
construction, alteration, maintenance, or repair of such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may
include other elements.
b. Domestic preference.
(1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of
2009 (Recovery Act) (Pub. L. 111--5), by requiring that all iron, steel, and manufactured goods used in the project
are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as follows:
None
[Award official to list applicable excepted materials or indicate "none"]
(3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this
section and condition if the Federal Government determines that--
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of
domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of
such material will increase the cost of the overall project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient
and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public
interest.
c. Request for determination of inapplicability of Section 1605 of the Recovery Act .
(1)
(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph
(b)(3) of this section shall include adequate information for Federal Government valuation of the request,
including -
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in
accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost
comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction
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
Accounting Department
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
PO Box 580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
C117/ Of 9123964 9 of 14
lirtThis number must appear FCollins_`v`' ` " J on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a
project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably
foresee the need for such determination and could not have requested the determination before the funds were
obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a
determination.
(2) If the Federal Government determines after funds have been obligated for a project for construction,
alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award
official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When
the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the
award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with
acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception
is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the
award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies,
use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American
Recovery and Reinvestment Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the
Recipient shall include the following information and any applicable supporting data based on the survey of
suppliers:
Foreign and Domestic Items Cost Comparison
-108 Description Unit of Measure Quantity Cost (dollars)*
-108 Item 1:
-108 Foreign steel, iron, or manufactured good
-108 Domestic steel, iron, or manufactured good
-108 Item 2:
-108 Foreign steel, iron, or manufactured good
-108 Domestic steel, iron, or manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction site.
9. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER
INTERNATIONAL AGREEMENTS) --SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009 (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION,
ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK WITH A TOTAL
PROJECT VALUE OVER $7,443,000 THAT INVOLVES IRON, STEEL, AND/OR MANUFACTURED GOODS
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 PO Number Page
C117/ Of 9123964 9 of 14
lirtThis number must appear FCollins_`v`' ` " J on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a
project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably
foresee the need for such determination and could not have requested the determination before the funds were
obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a
determination.
(2) If the Federal Government determines after funds have been obligated for a project for construction,
alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award
official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When
the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the
award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with
acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception
is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the
award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies,
use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American
Recovery and Reinvestment Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the
Recipient shall include the following information and any applicable supporting data based on the survey of
suppliers:
Foreign and Domestic Items Cost Comparison
-108 Description Unit of Measure Quantity Cost (dollars)*
-108 Item 1:
-108 Foreign steel, iron, or manufactured good
-108 Domestic steel, iron, or manufactured good
-108 Item 2:
-108 Foreign steel, iron, or manufactured good
-108 Domestic steel, iron, or manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction site.
9. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER
INTERNATIONAL AGREEMENTS) --SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009 (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION,
ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK WITH A TOTAL
PROJECT VALUE OVER $7,443,000 THAT INVOLVES IRON, STEEL, AND/OR MANUFACTURED GOODS
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