HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9124722City of
Fort Collins
Date: 08/31/2012
Vendor: 108423
VOGEL CONCRETE INC
6330 S COLLEGE AVE
FORT COLLINS Colorado 80525
PURCHASE ORDER
PO Number Page
9124722 'of 18
This number must appear
on all invoices, packing
slips and labels.
Ship To: TRANSPORTATION PLANNING &
281 NORTH COLLEGE
FORT COLLLINS Colorado 80524
Delivery Date: 08/29/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Pedestrian Bridge
Dartmouth Trail
1 LOT LS
PER TERMS AND CONDITIONS OF WORK ORDER DATED 8-28-12
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 (DAD) 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. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009) 11
10. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009) 12
11. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (NOV 2009) 12
30,538.00
1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
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
9124722 10 of 18
This number must appear
on all invoices, packing
slips and labels.
VU013LILy CAlC11UCU
Line Description Ordered UOM Unit Price Price
a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal
Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects
of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has
issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29
CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that
section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall
ensure that the standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant
covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and
decorating).
b. For additional guidance on the wage rate requirements of section 1606, contact your awarding agency.
Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the
application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding
the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14.
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
http://wvAv.whitehouse.gov/omb/circulars/al 02/a102. 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/a133.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.
11. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (NOV 2009)
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
9124722 11 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
THIS AWARD TERM IS APPLICABLE TO ARRA AWARDS WHEN WAGE RATE REQUIREMENTS UNDER
SECTION 1606 OF THE RECOVERY ACT TERM IS APPLICABLE. THIS AWARD TERM IS ALSO
APPLICABLE TO SUBGRANTS AND CONTRACTS.
Definitions: For purposes of this clause, Clause 30, Davis Bacon Act and Contract Work Hours and Safety
Standards Act, the following definitions are applicable:
(1)" Award" means any grant, cooperative agreement or technology investment agreement made with Recovery
Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance with the labor
standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work performed by all laborers
and mechanics employed by Recipients (other than a unit of State or local government whose own employees
perform the construction) Subrecipients, Contractors, and subcontractors.
(2)" Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall
include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients'
contractors, subcontractors, and lower -tier subcontractors. —Contractors) does not mean a unit of State or local
government where construction is performed by its own employees.]]
(3)" Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier
subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) financial assistance
instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii)
Sub awards, contracts and subcontracts issued under financial assistance agreements.—Contractll does not
mean a financial assistance instrument with a unit of State or local government where construction is performed
by its own employees.
(4)" Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and who is
responsible for the business management and non -program aspects of the financial assistance process.
(5)" Recipient" means any entity other than an individual that receives an Award of Federal funds in the form of a
grant, cooperative agreement, or technology investment agreement directly from the Federal Government and is
financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the
terms and conditions of the program and Award.
(6)" Subaward" means an award of financial assistance in the form of money, or property in lieu of money, made
under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier subrecipient. The
term includes financial assistance when provided by any legal agreement, even if the agreement is called a
contract, but does not include the Recipient' s procurement of goods and services to carry out the program nor
does it include any form of assistance which is excluded from the definition of—Awardil above.
(7)" Subrecipient" means a non -Federal entity that expends Federal funds received from a Recipient to carry out
a Federal program, but does not include an individual that is a beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be
paid unconditionally and not less often than once a week, and, without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under
the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual 031510 Not
Specified/Other 20 relationship which may be alleged to exist between the Contractor and such laborers and
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
City of
�,.Fort Collins
PURCHASE ORDER
PO Number IPage
9124722 112 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the
Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred
for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers
or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided that the employer's payroll records accurately set forth
the time spent in each classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster
(WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
(ii) (A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be employed under the Contract shall be classified in
conformance with the wage determination. The Contracting Officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the Contracting Officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting
Officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210.
The Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions,
including the views of all interested parties and the recommendation of the Contracting Officer, to the
Administrator for determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or
(C) of this section, shall be paid to all workers performing work in the classification under this Contract from the
first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona
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
art Collins
PURCHASE ORDER
PO Number IPage
9124722 13 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written
request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of
Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under
the plan or program.
(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or cause to be withheld from
the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other
federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any
subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the Contract, the Department of Energy, Recipient, or Subrecipient,
may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work
and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work
(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of
the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that
the plan or program has been communicated in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees,
and the ratios and wage rates prescribed in the applicable programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all
payrolls to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party,
the Contractor will submit the payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor, or
owner, as the case may be, for transmission to the Department of Energy. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that
full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the
payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits
of the employee's social security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for
the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full
social security number and current address of each covered worker, and shall provide them upon request to the
U
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
art Collins
PURCHASE ORDER
PO Number IPage
9124722 114 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor
will submit them to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may
be, for transmission to the Department of Energy, the Contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It
is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without weekly submission to the sponsoring
government agency (or the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a —Statement of Compliance,11 signed by the Contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the
Contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations,
29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the Contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the —Statement of Compliancell required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or
criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section
available for inspection, copying, or transcription by authorized representatives of the Department of Energy or
the Department of Labor, and shall permit such representatives to interview employees during working hours on
the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the
Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees-
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship
Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been certified by the
Office of Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the
ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually
c3. oi�e�
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
Fort Collins
PURCHASE ORDER
PO Number Page
9124722 115 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a Contractor is performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly
rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in a
program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the Employment and Training Administration. Every trainee must be
paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless
the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program, the
Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part shall
be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended
and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR
part 3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient' s, and Subrecipient' s contractors
and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such other
clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause.
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
City of
Fit Collins
PURCHASE ORDER
PO Number Page
9124722 116ofIB
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for
termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this
Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract
shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within
the meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its
subcontractors), and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who
has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and
mechanics include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of
this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or
Subrecipient shall upon its own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
Contractor or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause
azx� c�. 0A:_0-ems
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
9124722 17 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
set forth in paragraph (b)(2) of this section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient' s contractor or
subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section
and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The
Recipient shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs (b)(1) through (4) of this section. The Contractor or subcontractor shall maintain payrolls
and basic payroll records during the course of the work and shall preserve them for a period of three years from
the completion of the Contract for all laborers and mechanics, including guards and watchmen, working on the
Contract. Such records shall contain the name and address of each such employee, social security number,
correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made,
and actual wages paid. The records to be maintained under this paragraph shall be made available by the
Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the
Department of Energy and the Department of Labor, and the Contractor or subcontractor will permit such
representatives to interview employees during working hours on the job.
97x�.
C3. OYlr:s-Q �
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Total $30,538.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 18 of 18
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). esereise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance afar 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of writer, purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS we subject to the City of Fan Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, fur 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 must 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 rue .... av invoice. Additional charees far reckime will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, ceniticates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vend.,. Seller further agrees to hold the City of Fan 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, rules
and requirements.
Authorization. All panics to this contract agree that the representatives am, in fact, bona fide and possess fall and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional mans and conditions annexed hereto or incorporated herein by
reference. Any additional 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. Delivery and performance most be elftected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchaser, including, without
limitation, acceptance ofpmr ial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay.
the Purchaser shall have, in addition to other legal and equiable 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 reasonable comml 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 dale 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 goads, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards 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 (I) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any 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 profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tents by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the term, .,her than legal terms, including additions m or deletions from
the quantities originally ordered in the specifications or thavines, by verbal or written change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to :my or all portions of the
goads then our shipped, subject to any equitable adjustment between the patties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goads which are the Sellers standard snick. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termnation is
ordered.
S. COMPLIANCE NTTH LAW.
The Seller w..nB that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tmnsfeq or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller wamtuts 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 limn, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
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.
The 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 puny released and shall extend to the
directors, officers and employees of such party.
The Seller's contractual obligations, including warmny, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement :V 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 pace 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
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller duill become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or tmstce 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 ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe Suite of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repamsentative(s), on the premises of -others.
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 m the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also curry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of it least S300,000 far any one person, 5500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises ofothers, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance leme been provided Such certificates shall specify the date when such
compensation and insurance have been provided. Such cenifcates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents 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 casts, 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
obained 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 take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010
City of
Fort Collins
PURCHASE ORDER
PO Number Page
9124722 2 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and
regulations for work performed under this award.
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
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
art Collins
PURCHASE ORDER
PO Number Page
9124722 3 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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
public relations campaign, 3) demonstration projects --Earth Tubll 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 Box1j 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 inciudes 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
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
9124722 4 of 18
is number must appear
all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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
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.
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.�or_t Collins
PURCHASE ORDER
PO Number Page
9124722 5 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
C. Access to Records
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;
C3. O✓l�:-44 �
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
9124722 6 of 16
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
-a gross waste of covered funds
-a substantial and specific danger to public health or safety related to the implementation or use of covered
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
91__L� C. one
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
City of
� „�t Collins
PURCHASE ORDER
PO Number Page
9124722 7 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
request of the Contracting Officer or designee.
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.
azt`�C3. Oi'l..�stQ /Z
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
9124722 8 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(2) 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.
(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.
U
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
For_t Collins
PURCHASE ORDER
PO Number Page
9124722 9 of 18
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(iii) The cost of iron, steel, and/or manufactured goods material 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 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. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO RECOVERY ACT PROGRAMS OR ACTIVITIES THAT MAY
INVOLVE CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR. THIS AWARD TERM ALSO
APPLIES TO ALL SUBGRANTS AND CONTRACTS.
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