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HomeMy WebLinkAbout182515 AMERICAN PUBLIC TRANSPORTATION ASSN - PURCHASE ORDER - 9124281PURCHASE C117/ Of Flirt Collins ORDER PO 124281 Page 9124281 1 of 7 This number must appear �,J`' ` ` J on all invoices, packing / slips and labels. Date: 08/01/2012 Vendor: 182515 Ship To: TRANSFORT BUS FACILITY AMERICAN PUBLIC TRANSPORTATION ASSN CITY OF FORT COLLINS 1666 K STREET NW SUITE 1100 6570 FORTNER ROAD WASHINGTON District of Columbia 20006 CITY OF FORT COLLINS Colorado Delivery Date: 08/01/2012 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2012 APTA Membership Dues 1 LOT LS Per Invoice # 191656 American Public Transportation Association (APTA) Based on 2012-2013 Dues Schedule. EPLS search completed. Vendor selected and membership renewed since APTA is the leading advocacy force in advancing public transportation. Other: The following Federal Transit Administration (FTA) Contract Clauses apply, details attached: 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 3. ACCESS TO RECORDS AND REPORTS 4. FEDERAL CHANGES 5. TERMINATION 6. CIVIL RIGHTS REQUIREMENTS 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 9. ENERGY CONSERVATION REQUIREMENTS Federally Required Federal Transit Administration (FTA) Contract Clauses for Purchases where only a Purchase Order is used as the contracting mechanism. 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be 14,196.00 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 Il, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior No written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 18) Award to Responsible Contractor The City made a determination that it was awarding to a responsible contractor considering such matters as contractor integrity, compliance with public policy, record 1. Y of past performance, and financial and 2 Y technical resources. 3. Y 1. Appropriate Financial, equipment, facility and personnel. (Y/N) 4. Y 2. Ability to meet delivery schedule. (Y/N) 5. Y 3. Satisfactory period of performance. (Y/N) 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from vendor. (Y/N) 19) Sound and Complete Agreement This contract is a sound and complete agreement. In addition, it includes remedies P.O. # 9124281 issued. for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete Specification A complete, adequate, and realistic specification or purchased description was Yes available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 38) Sole Source if other Award is Infeasible The contract file contains documentation that award of a contract was infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: (1) The item was available only from a single 1 . Public transportation source. (Verify prices are no higher than price national advocacy for such item by likely customers.) organization membership. (2) Public exigency for the requirement did not permit a delay resulting from a competitive solicitation. See Memorandum dated (3) An emergency for the requirement did not 8/1 /12 permit a delay resulting from a competitive solicitation. (4) The FT A authorized noncompetitive negotiations. (5) Competition was determined inadequate after solicitation of a number of sources. 39) Cost Analysis Required Cost analysis and profit negations were performed (initial award and modifications) Yes. And documented for price reasonableness See Memorandum dated 8/1/12. was established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. 40) Evaluation of Options The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. (To be N/A eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 42) Written Record of Procurement History The file contains records detailing the history of this procurement. At a minimum, these records include: (1) the rationale for the method of Yes. procurement, (2) Selection of contract type, (3) reasons for contractor selection or rejection, and 4 the basis for the contract price. 43) Exercise of Options The grantee exercised an option on this contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better N/A than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes The grantee amended this contract outside the scope of the original contract. The amendment was treated as a sole source N/A procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions The contractor did not receive an advance Yes. payment utilizing FTA funds and the contract Annual membership typically paid does not contain advance payment provisions in advance. or, if it did, prior written concurrence was obtained from FTA. 46) Progress Payment Provisions The contract contains progress payments based on costs incurred (as opposed to percent of completion) and the contract contains a provision giving the grantee title to N0. property (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts This is a time and materials contract; the grantee determined that no other type of No. contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost This is not a cost plus a percentage of cost No. type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages provisions and the assessment for damages No. is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking 1) The file contains: Assignability provisions. No. 2) The procurement file contains: Price reasonableness determination. 56) Clauses This contract contains the appropriate FTA Yes. required clauses. Excluded Parties Search Yes, run on 8/01/12. EPS run and include in the file. Fort�dClins Independent Cost Estimate Date of Estimate: 7/1/2012 Contract Type: Existing Contract or PO (YIN): N Description of Goods (A) or Services (B): American Public Transportation Association - 2012/2013 membership dues I have obtained the following estimate from; Published Price List / Past Pricing (date) 6/30/2011 (2011/2012 membership dues) Engineering or Techincal Estimate (performed by) Independent Third Parry Estimate (performed by) Other(speciey) Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Standard Items Product Cost ($/ea) Cost ($/ea) NotewData Source 2011 2012 2011/2012 Membership Dues - based on 2010 annual operating expenses of $8,014,734 .172% $13,850.00 2012/2013 Membership Dues - based on 2011 annual operating expenses of $8,207,391 .172 % $ 14.196.00 Total $13,850.00 1 $ 14,196.00 B Estimate is based on increase in Transfort's annual operating expenses (2011) which is the basis for the annual dues calculation. C:1Documents and Settings\dcarey\Local Settings\Temporary Internet FileslContent.Outlook\5V708D5S\ICE - 2012 APTA Membership Dues.xlsSheetl 8/112012 Fof Memorandum DATE: August 1, 2012 TO: David Carey FROM: Karl Gannon SUBJECT: APTA Membership Dues (2012/2013) Transfort / Dial -A -Ride 6570 Fortner Road Fort Collins, CO 80522 970.221.6620 970.221.6285 - fax fcgov, com 1 find the 2012/20L3 American Public Transportation Association dues of $14,196 to be fair and reasonable based on the following: Membership dues for the 201 1/2012 period were only $346 lower due to lesser operating charges for that period and not due to inflationary charges. Secondly, being a member of APTA, ensures that Transfort is availing of all opportunities to help secure maximum funding for its capital programs. Transfort has been a member of APTA for a number of years and we have found the benefits of membership (access to industry research, grant assistance, industry news, advocacy efforts, and general advice) to be critical to our efforts in the provision of transit service. Please let me know if you have any questions that I can answer. Thanks, Karl Karl Gannon City of Fort Collins Transfort / Dial A Ride (970)416-2087 EPLS Search Results Page 1 of 1 _E'P, _'li �jjI V ExckidedlParttes,List Systemtj Search Results Excluded By Firm, Entity, or Vessel : American Public Tranportation Association State: DISTRICT OF COLUMBIA Country : UNITED STATES as of 01-Aug-2012 1:30 PM EDT Your search returned no results. https://www.epls.gov/epls/search.do?full name=American+public+'I'ranportation+Associati... 8/1/2012 1666 K Street, N.W., Suite 1100 INVOICE AMA= AME'RICAN Washington, DC 20006 No. 191656 PUBLIC Phone Date 012 7/1/2773 TRANSPORTATION Fax (2020496-432700 ( ) Ref. 773 ASSOCIATION Due Date: 8/1/2012 Bill To: Attn: Marlys Slttner Transfort/Dia I -A -Ride City of Fort Collins 6570 Portner Road Fort Collins, CO 80526 UNITED STATES Description Amount) Membership Dues From 7/1/2012 - 6/30/2013 Category (01a) Regular US Transit Systems Dues Basis Annual Operating Expenses - $8,207,391 Current Dues Based on 2012-2013 Dues Schedule $14,196.00 Balance Forward $0.00 Less Payments ($0.00) Payable upon receipt in U.S. Dollars Amount Due: $14.196.00 Contributions to APTA are not deductible as charitable contributions for federal income tax purpose. Payments for dues or services are generally deductible as an ordinary and necessary business expense. In accordance with federal law, APTA estimates that 12.6% of this fiscal years dues will be non -deductible. Please check payment method below: Check enclosed for $ Charge my: ❑ Visa ❑ 'American Express ❑ Master Card ❑ Discover Account # Exp. Date Cardholder name: Signature Make check payable and return to: American Public Transportation Association. Return a copy of this invoice with remittance. If you have already paid, please disregard this invoice. F-v,k) bS) -Vt4,te�6.o'r' &16 =. �q,o400v31.Sv�i210 g24p�.ot'Lt� �►- C City of Fort Collins PURCHASE ORDER PO Number Page 9124281 2of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a 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 /_*'00,.F,�or_t Collins PURCHASE ORDER PO Number Page 9124281 3of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price period of not less than three years after the date of termination or expiration of this contract,except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience (General Provision) The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by 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 �,.F„�orlt Collins PURCHASE ORDER PO Number Page 9124281 4of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as 9-0-.o C3. O✓lB.sQX,4-2 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 42 U.S.C. Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of9124281 5 of 7 F^r} Con all invoices, pacst king ,�—`J-' ` CollinsJ on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency' s overall goal for DBE participation is 7.6 %. A separate contract goal [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph ( see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the City of Fort Collins . In addition, is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor' s work by the City of Fort Collins and contractor' s receipt of the partial retainage payment related to the subcontractor' s work. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. ENERGY CONSERVATION REQUIREMENTS 20;_ 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 �,.For't Collins PURCHASE ORDER PO Number Page 9124281 60f7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Total $14,196.00 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 laurch: se OrdeTe ins and Conditions Page 7 of 7 1. COMMERCIAL DETAILS. l'ax exemplione. Hystatute the City of Pon Collinsisexeraps from smelted local luxes.Om Exemption Numberw IL NONWAIVER. 98-W502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is tegisered with the Collector of Failure of the Purchaser o inset upon stria perfomrance of the hams and —.delta- beneath, failure or delay,a hNned Revenue, Denver, Colorado (Ref. Colorado Revised Sedmes 1973, Cbaphr 39-26, Ili (a). exercise any nghm or remedies provided herein or by law, failure to promptly notify the Seller in the den, of a breach, the acceptance afar Embravor far goods fiereumler or approval of the design, shall riot release the Seller of Goods Rejected. GOODS REJECTED due m failure to meet ,poi ficmions, either when shipped or due ra defx. of any of the warranties or obligations of this purchase order and shill not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not to be replaced except upon toeipt of winhn Purchaser to insist upon snit performance here tfor any of its rights or remedies ss to any such goods, regardless in drucri re, from she City of Fort Collins. of when shipped, received or acceped, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Precedence operate as a waiver of any of the hems Inspection. GOODS we subject to the City of Fort Collins inspection on arrival, hereof Final Acceptance, Rcecipt of the merchandise, ssrvices or as cut in response to this order can result in 12. ASSIGNMENT' OF ANTITRUST CLAIMS, ,unnoticed payment on the an of the City of rod Collins. However, if is to be understood that FINAL Seller and the Purchaser recognize mat in antral a c pones, o inhatIo, resulting field antitrust ACCITI'ANCE is dependent upon comp) oma lit all applicable required inspection procedures. violations are in feel home byme Purchaser Thereofare, I -.nod canoe and as cansiderminn for executing this purchase order, the Seller hereby assigns to the Purchaser any and all chains it may now have or hereafter Freight 'Penns. Shtlnnend auto be F O.D., City of Too Collins, 700 Woad St., ford Collins, CO 80522, unless allerw-isc spccincd an this uNer. If permission is given to prepay freight and char., separately, the arig inal freight bill must uccnerluny instant. Additional charges foe' fucking will not be accepted. Shipment Distance. Where maauflwrm rs have distributing points in mintax pans of the ctumry, shipment is expected from the nearest distribution point to declination, and exms, (might will be deduced from Invoice when shipments are made firm, greener distance. Permits. Seller shall procure at sellers sole ins all necessary pemnits. cedificau, and licenses ruptured by all applicable laws, regulations, mid mmmes and rules of the sure, municipally, window, or vidurni subdivision where the work is Performed, or rryuired by am' .,her duly caricatured public radian, havingjuri Wictiw .,or the wad .P icador. Seller (umber agrees as hold abe City of Fiat Collins harnless I,.m and against all liability and loss occurred by them by aria. of an asserted or established vi.lown of any such laws, regulations, ordireanccs, roles and rnlstio nscros. Amennamon. All pinnies to this contract agree that the representatives arc, in fact, haw fide and pa eiess lull and complete authority to bind said panics. LIMIT AT ION OF TERMS. This Purchase Order expressly limits acceptance to the tames and conditions stated herein set forth and any supplementary or ambli... I hrms and conditions urecond hereto in incorporated herein by re wade. Airy tddilianul or different team and condition, proposed by will, air obHOrd It and hereby rejected, 2.IN LIVIIIIY, PI.EASI: NDVISII PURCHASING AGENT imnmdiatdy Ifyin actual snake complete shipment to arise nn your promised Adivery dale as nded Time e, of the rsau ec. Ilel'mrry and perh:nnunce must be effected within the lime ,aided an the parahuse aide, and the documents attached herein. No acts of the Prmhasers including. without Lminnim,, acceplance orpanial Imes dcmeries, shall opera, as a waiver of this pro. ison, In the event army delay. ,he peach.... shall have, in addition m .'he, legal and egwuble rcmaies the option of pmcirg this .,it. elsewhere and homing the Seller liable (a, 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 reasonable control and wihout its fault of negligence, such acts of G W, acts of civil or military authorities, governmental prioduct, fires, strikes Emu, epidemics, wars or not, provided that notice of IM1e conditions reading such delay is given to the Purchaser within five (5) days of the time when the Seller fins roeised know ledge thereof In the event crony such delay, the dam of delivery shall be emended far she period opal to the time actually Ins, by reaom of the delay. 3. WARRANI Y. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specificmone, .mandes ,.do, other descriptions given, will be fil for the purposes intended and performed with the highest degree of care and competence in acconhmce with accepted standards far week of a similar manure. The Seller agrees to hold the purchaser hamdes, from any loss, damage or expense which the Purchsser may sutler or alone on account of the Sellers breach of warranty. He Seller shall replace, repair or make good, without cast to the purcha ai any d fica, A faults arising wultin one (O year or within such longer Island of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after he date of ccv buea, ofthe g—& famished hereunder (acceptance not to he unreasonably dchryed), resulting from imperfect of detective work done or materials furnished by the Seller. AaePtance or use ofgtoH by the Purchaser shall not constitute a winter crony claim under this wartony. l?xcept as odurwixc provided in flux purchase order, the Sellers liability hereunder xbell extend he all damages pmximdely caused by abc breach army of She foregoing wamo fir, or guammlees bur such liability shall in no event include loss of,ouits ar It.. of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE: SHALL APPLY. i. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal hour by written change under. 5. CHANGES IN COMMERCIAL TERMS. It, Purchaser may make am' changes to the terra, other than leg.'d terns, including addition to or delea ons from the countries originally ordered in the specifications or dawings, by verbal or wnnen change order. If any such change athars the amount due or the time of feedmmnnce hereunder, an ryuitable adjustment shall be made. 6. TERMINATIONS. 'Ile Purchaser may at any time by wrtten change order, mrmimle this agreement as to any or all minions of the goods then not shipped, subject to any equitable adjnstmem fichi the panics as eo any work or mmm:d, then in pmnmzs provided Ihm the Patch—, xh.11 ran to liable for any eta In, :tnudpmed pall¢ an he uncontrolled portion of lie aornb i Via work, for ehidembel or sequeatiul uonagii ant that no such adjustment be made in It oo..rune Shcs, with respect I,,nay g.oil, which are ate Sellers slandsol ,lace. No such ferminminn ,hut ndieve ,beParchmer or the Seller ofany ofloci, ob1i,alica, asmnuy.rrd. dclivanal ear, rla 7. CLAIMS FOR ADJUSTMENT. Any dais, lit udjusuneu nos, be assured within thirty (301 days limn rise dale the change or termination is ordered. S. COMPLIANCE WITH LAW_ It, Seller wine clad all goods sold h....ade, shall f vc been produced, sold, delivered and founded led in stria compliance with all applicable laws and regulations On which the gonads arc subject. The Seller shall execute and deliver such documents or may be raduirN to effect or evidence compliance. All laws and regulations r qulred to be incorporated in agreements of this characer are hereby incorporated herein by this referemre. lfie Seller agrees m indemnify, and hold the Purchaser homeless from all cosy and damages sdl'ered by the Perchon as a If of the Sella failure to comply wiIll such law. 9. ASSIGNMENT. Neither piny shall assign, tougher, or convey this coder or any monies due or to become due hereunder without he prim written consent of the other party. Ill. T'ITLP.. The Sol ler w'arram, full, clear and ...r,froded tide to the Purchaser for all eglti proem, mmen.1, and items famished in performance of this agreement, free and clear of tiny and all Inue, restrictions, reservations, security Interest wmnmbmmrg and damn of mleco. acquired under feduml ,, slum antitrust laws for sad, uve¢harges relating In the parbeadar.nods or sentecs pmdhtsed enhquired by the Purdmser pursuant to this purchase order. 13, PUIICI LASERS PER FOR M ANCE OF SELLERS Or1LIGA'PIONS . If the Function directs the Seller or career no ... nfxem., or defective gourds by a dale to he agrted upon by the Purchaser and the Seller, and the Seller thereafter indicates its ivabih ly or unwillingness m comply, the Purchaser may erase the work to be performed by the most expeditious means available to if, and the Seller shall pay all act, swimmed with such wed:. The Scllcr shall release, the Purchaer 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 is the evens of Saul, of nett items, of the party relessed and shall emend to she dareors, flit and —play-, of such only. The Seller's comrecfwl obligations, including warrdnfy, shill nor be domed to be reduce, in any way, because such work is pctlomfN or caused m be perfmmed by she Perform. Ii.['AT HE I S. Whenever the Sol let is requi red to use any design, deuce, nmhnial or pin red by liven paten,, trademark yr copight. the Sol ter shall indemnify and save hand— (liePmrhiscr from any and all claims for infnagen en, by intent ol'tax a if such patented design, device, IouoriW nr pm use tour with the emamel, id dial I ndcauuty it, Aarlesc r for any cost, expense or dpnage which it may be obliged to pay by reason of such infmt,marat at any time during the prosecution or Idler the completion of the work. In case said equipment, or any :at therm(d the intended use of flue goods, is in inch suit held in constitute infringement and the use of said egnipm da nr pan is enjoined, If, Seller shall, at its own expense and at its option, either procure for the Pmchase, the non o orminue at, cam egmartian or parts, replace the same with substantially «luck but neninfringing equipment, or modify it so it becomes noninfnaging. 15. INSOLVENCY. If the Seller shall hecome insolvent or beakmpt, make an assignment far the belief, of credlmrs, miamird a fivower or intense for any of the Sellers property or business, this older may moment be canceled by the Purchaser without Iiabiliry. 16. GOVIiRNING LAW. The dcGnnions of terms use or the interpretation afthe agreement and the rights of all ponies hereunder shall be comamed tinder and mounted by the laws of the Sutra of Colorado. USA. Ile following Additional Conditions apply only in cases where the Seller is a perfume work hereunder, including the service of Sellers Reme enlative(s), on the promises of Other, 17, SELLERS RESPONSIBILITY. 'She Seller shall curry un said walk at Seller's own risk until (lie site is fully emObmd and accepted, and shall, c at y accident, deumetion or injury to line work undfor nationals before Seller's final completion and dclall , confplem the work at Seller's own expense and in the smistuction of the Purchaser. When materials unit egtiMnent are (.meshed by other, for installation fir ereaian by ill, Seller, the Seller shall receive, unload ,into and handle same at the sire and became responsible floubt .as though such mareids cancer mmount were being fumisM1ed by the Seller under the order. 18. INSURANCE. The Seller shall, at Ills own expense, provide far the payment of nvrkees compensation, including occopmonal disease beliefs, to its employees employed on or in connection with the work covered by Nis purchase uNer, and'or to their dependents in accordance with the laws of the stale in which the work is to be, done. The Seller shall also carp comprehensive moral liability including, but not limided to, conrmdual and automobile public liability insurance with bodily injury and death limits ofat (cast 5300,000 for any one fiction, S500,000 for any one evident and progeny damage limit per accident of S400,000. The Seller shrill likewise require his comm der, if any, to provide for such compensation and announce. Before any of the Sellers or his comments, employees shall do any work upon the premise, of others, the Seller shall famish the Purchaser with a certificate that such m imscomlom and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenilicna shall ,pacify the doe when such compensation and insurance expires. The Seller agrees that such compensation and insrance shall be maintained until after the vmr walk is complete and accepted. 19. I'Itlrl'litl'1'ION AGAINS I' ACCIDENTS AND DAMAGES 'She Seller hereby assumes the entire responsibiloy and liability Larry and Ill damage, loss o, injury oCarry kind nature whabneu'er It person, m prnpeny cased by or resulting beat me execution of the work provided for in this purchase call, fir in connection herewith. ]lie Seller will indemnify ;Out hold females, the Purchaser and any or all of the Purcbnsers officers, agents and employees Iiom and againo any and all claims, losses damages. charges or expenses. whether direct or indirect, and whether in pert or property to which the Purchaser may be par o subject by re of any an, action, neReel, omission or default on the Had of the Seller, any of his contractors, or any of the Sellers or conloodom officer, agents or employees. In case any suit or other proceedings abal I be brought against the Purchaser, or it, o iccrs, agesr, or employees at any time on mcoum or by reason of any act, anion, neglm, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense mereef and to defend the same at the Sellers own expense, to pay any and all cons, charges, ammeys fees and other expenses, any and all judgments that may be incurred by or of umed against the Posthaste or any of its or their tankers, agents or employees in such suits or other proceedings, and in one judgment or other lien be placed mon or obtaind against the property of the Purchaser, or said ponies in or m a mutt ofsuch suits or other proceedings, the Seller will at once cause the sane to be disrobed and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all Ian's and ro,dan ew with regard o safety including, but without hubs ina, be Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03120HI FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) TYPE OF PROCUREMENT Clause Professional Operations/ Rolling Stock Construction Materials & Services/A& E Management Purchase Supplies No Federal Government Obligation To Third Parties ✓ All All All All All b Use of a Disclaimer False Statements or Claims All All All All All Civil and Criminal Fraud Access To Third Party ✓ All All All All All Contract Records Changes to Federal ✓ All All All All All Requirements Termination All All All All All Civil Rights Title VI, EEO, ADA) >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Disadvantaged Business / All All All All All Enterprises DBEs Incorporation of (FTA) Terms All All All All All Suspension and Debarment >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$100,000 >$100,000 Resolution of Disputes, >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Breaches, or Other Litigation Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 1 >$100,000 >$100,000 >$100,000 >$100,000 Caro Preference All All All Fly America Involves foreign Involves foreign air Involves foreign Involves foreign Involves foreign air transport or travel transort or travel p air transport or air transport or transport or travel b air travel travel Davis -Bacon And Copeland Anti- >$2,000 (including Kickback Acts ferry vessels Contract Work Hours And Safety >$2,500 (except >$2,000 (including Standards Act transportation >$2,500 ferry vessels) services) Bonding $100,000 Seismic Safety A & E for New Buildings & New Buildings & Additions Transit Employee Protective Transit Operations Agreements Charter Bus All School Bus All Drug Use - Testing and Alcohol Transit Operations Misuse - Testing Patent Rights and Rights in Data Research & and Copyright Requirements Development Energy Conservation All All All All All Recycled Products Contracts for items Contracts for items Contracts for items designated by designated by designated by EPA, when EPA, when EPA,when procuring $10,000 procuring $10,000 procuring $10,000 or more per year or more per year or more per year Conformance With ITS National Architecture ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects ADA Access A & E All All All All Bus Testing All Pre -Award And Post Delivery Audits All Title: APTA Membership Dues Date: July 31, 2012 CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an See attached I.C.E. dated 8/1/12 independent cost estimate before receipt of proposals. 10) Unnecessary Experience and Excessive Bonding Unnecessary experience and excessive No bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause No that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action There was no arbitrary action in the procurement process. (An example of arbitrary action is when award is made to No other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that No offerors must provide. When using a "brand name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 14) Geographic Preferences The solicitation contains no in -State or local No geographic preference except where Federal statutes mandate or encourage them.