HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9125211City of
F6rt Collins
Date: 09/28/2012
PURCHASE ORDER
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
" CIS "
PO Number Page
9125211 1of6
This number must appear
on all invoices, packing
slips and labels.
Ship To: ENGINEERING DEPT-MASON
CITY OF FORT COLLINS
ENGINEERING DEPT-MASON
281 N. COLLEGE AVE
FORT COLLINS Colorado 80524
Delivery Date: 09/28/2012 Buyer: JAMES O'NEILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Max BRT water and sewer
main replacements
1 LOT LS
1,149,453.00
In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal
clauses apply to this purchase order.
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to
that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify
the subcontractor who will be subject to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986
on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority
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
47) Time and Materials Contracts
This is a time and materials contract; the
grantee determined that no other type of
contract is suitable; and the contract specifies
I�
a ceiling rice.
48) Cost Plus Percentage of Cost
This is not a cost plus a percentage of cost
\�
type contract.
49) Liquidated Damages Provisions
This contract contains liquidated damages
provisions and the assessment for damages
\
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.
I
2) The procurement.file contains: Price
1
reasonableness determination.
\\\
56) Clauses
\,
This contract contains the appropriate FTA
1`
required clauses.
Excluded Parties Search
EPS run and include in the file.
City of
F6rt
Memorandum
Planning, Development & Transportation
Engineering Department
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.221.6605
970.221,6378 - fax
fcgov. com/engine ering
To: Jim O'Neil, Director of Purchasing and Risk Management
From: Erika Keeton, Special Projects eer
Date: September 24, 2012
Re: MAX BRT — Requisition Request
City of Fort Collins Utility Department
Water and Sewer Main Replacement
The City of Fort Collins Utility Department must be utilized as sole source for the water and
sewer main replacement modifications required for the Max BRT project. The City Utility
Department will make use of their crews, equipment and materials that they typically utilize to
implement relocations and new services. As the City is a public agency, the Utility Department
has low overhead costs and is ultimately responsible for the maintenance of the infrastructure
and public safety.
The City Utility Department began the water and sewer main effort in 2011 based on pre -award
authority from the FTA to do early utility relocation efforts in support of the Project. The pre -
award authority authorized the City to incur costs for early utility work and request
reimbursement once the Project Construction Grant Agreement (PCGA) was authorized. In May
of 2012, the PCGA was awarded to the City by the FTA. As such, the City Utility Department is
requesting reimbursement for their costs to date and the needed costs to complete the relocation
of the identified water and sewer mains. Original estimates in 2011 were based on preliminary
MAX/BRT design plans to identify possible locations in the system that could impair the
integrity, serviceability, longevity, and safety of the operation of the infrastructure. As the final
design was solidified, impacts on the water and wastewater system were further studied and the
cost estimate was revised to show those revisions. As such, the estimated cost for the water
relocation is $757,100.00 and $392,353.00 for wastewater totaling $1,149,453.00.
I have included the cost estimate for the water and sewer main replacement provided by the
Utility Department in support of the ICE. Also attached is a cost estimate provided by Garrey
Construction from March 2010 used as a basis for comparison. In preparing my ICE for this
change order, staff used the cost estimates from the City of Fort Collins Utility Department for
other portions of the project and compared them to the estimates attached herein provided by
Gamey Construction and found them to be reasonable.
Fort of
Based on my experience and information supplied by the City of Fort Collins Utility
Department, I believe the requested budget of $1,149,453.00 for the water and sewer main
replacement necessary for the BRT Project is reasonable and I recormnend approval.
F6.''12, Z(i
City of
Fort__C� ll,
Date of Estimate: August
Contract Type: T&M
Existing Contract or PO (Y/N): Y
Description of Goods (A) or Services (B):
Independent Cost Estimate
City of Fort Collins Utilities
Water and Sewer main Replacement
Work includes relocating existing water and sewer mains that are in conflict with the proposed MAX BRT guideway. The
water and sewer mains are located in the City rights of way and would be most cost effective for the City to be utilized as sole
source forthis work since the system is owned, operated and maintained by the City. As the City of Fort Collins Utility
Department costs are proprietary, we have included the cost estimates for the water and sewer main relocation provided by
the Citys Utility Department as part of this ICE.
I have obtained the following estimate from;
Published Price List / Past Pricing (date)
Engineering or Technical Estimate (performed by) City of Fort Collins Utility Department
Independent Third Party Estimate (performed by)
Other (specify)
Cost Estimate Details:
(Estimate calculated in US Dollars)
A Cost of Standard Items
Signature of P eparer.
Product
Cost ($/ea)
Cost ($/ea
Notes/Data Source
Delivered
No Freight
Total
Cost of Services, Repairs, or Non -Standard Items
Rem/Task:
Materials or Work Description
Other Direct
Costs
Labor
Rate ($
Labor
Hours
Labor
Class
Allocated
Overhead
SG&A'
Profit
TOTAL
Sewer Main Replacement
$ 392,353.00
$ 392,353.00
Water Main Replacement
$ 757,100.00
$ 757.100.00
ota
'Selling, General and Pdrrinlstrativo E)ponses
Project: BRT Utility Modifications
Date: May 10, 2010
Schedule of Values
6/18/2010 -
• • • 84�
-..e�i�„c.^cerxaco�:xr�.crcanti',�
Total wl
Total wl
Total wl
Alternate 2a
Alternate 2b
Alternate 2c
Item
Description
Unit of
Estimated
Unit
(Cured in Place
(Open Cut Exist.
(Open Cut New
Number
Measure
Quantity
Cost ($)
Liner)
Alignment)
Alignment)
1
15" In -Line Butterfly Valves at Lake Street (07J)
EA
2
$ 46,000
$ 92.000
$ 92,000
$ 92.000
2
15" SS at Lake - No Action Required (07J)
2a
SS Lake to Spring Creek - Cured In Place Liner (07J & 07K)
LF
1,346
234
314,964
-
2b
SS Lake to Spring Creek - Open Cut wlBy-Pass Pumping (07J & 07K)
LF
1,346
368
495,326
2c
SS Lake to Spring Creek - Open Cut wllimited By -Pass Pumping (07J & 07K)
LF
1,346
210
282,660
3
8" In -Line Gate Valves at Prospect Road (07J)
EA
2
27.000
54,000
54,000
54,000
4
10" SS at Prospect Road - No Action Required (07J)
5
21' SS Crossing at Railroad (see items #2a, 2b & 2c) (07K)
6
R&R Manholes & Pipe between MH's 16003 & 15979 (Dairy Queen) (07K)
LS
1
79,000
79.000
79.000
79,000
7
30" SS South of Spring Creek - No Action Required at this Time (07K)
8
Extend Casing at 24" Water South of Spring Creek (07K)
LS
1
28,000
28.000
28.000
28,000
9
18' SS at Drake Road - Needs to be Researched (07L)
???
???
Plug #
70,000
70,000
70,000
10
24" Water at Drake Road - No Action Required (07L)
11
8" Water Relocation & Bore under RR & Ditch at Swallow (07M)
LS
1
106,000
106,000
106,000
106,000
12
Extend Casing at 18" SS at Foothills Parkway (07N)
LS
1
56,000
56,000
56,000
56,000
13
10" SS at Horsetooth Road - No Action Required (07N)
14
24" Water at Horsetooth Road - No Action Required (07N)
15
12" Water at Troutman Parkway- Needs to be Researched (07P)
???
???
Plug #
70,000
70,000
70,000
16
18" SS 500' South of Troutman Parkway - No Action Required (07P)
17
Extend Casing at 42" Water 500' South of Troutman Parkway (07P)
LS
1
30,000
30.000
30,000
30,000
Total Estimated Cost of Construction
Railroad Permits & Flagging
CoFC Utility's Salaries & Expenses
Engineering
Subtotal
Contingency
$ 899,964 $ 1,080,328 $
by BRT by BRT
2 PM's @ 5% 10% 89,996 108,033
20% 179,993 216,066
$ 1.169,953 $ 1,404,426 $
25% 292,488 351,107
867,660
by BRT
86,766
173,532
1.127,958
281,990
Total Estimate Costs of BRT Utility Modifications $ 1,462,442 $ 1,755,533 $ 1,409,948
BRT Budget Summary
Total Contract
Item Water Wastewater Total Budget
5026430010 5036430010
'Construction Contracts
Connell Design - PO 9114437 Contractor preliminary
'design assistance for identified Utilities BRT water and
sewer renal) and protection projects, including
potholing and meetings
. . . ............ .
$17
$17
------------- --------
.Connell Final Design - PC 9116759 Contractor final
design assistance for identified Utilities BRT water and I
I
sewer rehab and protection projects, including
potholing and meetings
- --------
$20,926.00
$20,926.00
$20,926.00
$20,926.00
. . ...... .....
'Connell Const MH#8 - Phase 1 - PO 9115607
'Construction of new manhole for realigned sanitary
:sewer through Choice Center Development due to
i
.BRT construction
i---- - --- - - I------ -- I .-- - - I - -- - - - -- - - - - - - - - --
,Conn-611 C�®ri-st- -- P6'a—se-2 - PO 9120343-
.Reconstruction of ARV and cathodic protection test
i site behind Pedersen's Volvo; and plugging of sanitary
,manholes west of BNSF & south of Prospect due to
'BRT construction
926.00 $41
926.00 $41
$43,520.00
M61
Connell Const PH5se 3 PO 9120997 - Ext&6difig the
water line casing at the bike tunnel south of Spring
Creek; water line work at Troutman to prepare for the
BRT and Pedestrian Underpass; and water line
stability work just north of the Larimer County Canal #2
for the BRT bridge rebuild
- ----- --------- - - - ---------
$122,588.00
------
$10,000.00 $132,588.00
$122,588.00
$10,000-00 1 $132,588.00
$122,588.00
$10,000.00 $132,588.00
Connell Const Phase 4 - Lake St - PO 9123194
Modifying the existing 16" water line over and 15"
sanitary sewer under the future proposed 54" storm
sewer
$85,871.501
$40,712.50 $126,584.00
$40,712 50
$126,584.00
_.. ...... ................._.._.... i_
$8,000.00
$0.0o
t. _ $8 000 00 .....-,.
,Connell Const Phase 5 - On -Call Srvcs P09123491
On -Call services to repair or modify any water utility
due to the damage from the construction of the BRT
i
guideway ..
_......- _ _....
$70,000.00
$30,000 00
_,
-
$100,000 00 -
i
Connell Const Phase 6 - PO 912???? Prospect Rd
water and sewer line improvements
r
$211,030 00
$59,100 00^
$270,130_00
,
Engineering Costs
I Stantec Conceptual Design Services - PO 9114439
-
;Conceptual Design services for the water and sewer
`infrastructure rehab and protection projects due to the
BRT construction
$20,663 50
;— $20,663.50
- -
i $41,327.00
- --_
$20,663 50
$20,663 50
0 ;
i $41,327.00
$
f__ - - ---
$20,663 50
- _
$20,663 50
_ -
I $41,327.00
- _ ---- -- - _I
,-
$20,663 50
$20,663 50
;- -$41 327.00
$20,663.50
$20,663.50
$41.327.00 I
Stantec Final Design Services - PO 9117547 Final
Design services for the water and sewer infrastructure
rehab and protection projects due to the BRT
,construction
Stantec Construction Services - PO 9123834
Consulting engineer construction services including
,construction inspection, field design consultation, and
`as-built/record drawings
77.00
1
$65,772.00
77.00
-
$65,772.00
77.00
$65,772.00
77.00
!
$65,772.00
77.00
$65,772.00
77.00
j
$65,772.00
77.00 i $65.772.00
$85,890.00
$65,358 00
$20,532 00
$85,890.00_.._.i
_-. _... $0.00
$0.00
_ - $0_00
I $0.00
$0.00
$0.00
$70,000.00
$70,000 00
i
$140,000.00
170,000A0
$70,000.00
$140,000.00
$70,000.00
$70,000 00
$140,00000
Mason Potholing l
.... .. .....
$10,000.00
$5,000.00
$15,000.00
Troutman';
$10,000.00
$5,000.00
$15,000.00
...... . ..... Troutman;
$10,000.00
$5,000.00
$15,000.00
Spring Creek Bike Tunnel Trail!
$10,000.00
----------
$5,000.00
$15,000.00
PASigns - for Troutman
$10,000.00
$5,000.00
$15,000.00
PASigns - for Troutman:
$10,000.00
$5,000.00
-$15, 000.00
Lake St potholing 3-12-12
$10,000.00
$5,000-00
---------------- --
$15,000.00
Foothills/McClelland
$10,000.00
$5,0 00.00i.
-- ----------
$15,000.00
Lake St construction 1
$10,000-00
$5,000.00
$15,000.00
............... . .....
:Geotech Testing (CTL) - on Troutman
$480.00
$0.00 j
$480.00
Geotech Testing (CTL) - on McClelland/Foothills
$980.00
$0.00
$980.00
:Geotech Testing (CTL) - on Lake Street
$780.00
$0.00
$780.00
Geotech Testing (CTL) - on Prospect
-------------
$0.00
---
$1,000.00
$1,000.00
'Excavation Permit -
'Lake St - Tracy Dyer inspect
--- -
$80.00
$0.00
$80.00
McClelland/Foothills Intersection
----- --
$80.00
$0.00
$80.00
TOTAL PROJECT BUDGET: $757,100.00 $392,353.00 $1,149,453.00
- ----------- ----
check>> $1,149,453.00
Ow
U.S. Department
of Transportation
Federal Transit
Administration
August 13, 2010
Ms. Helen Migchelbrink
City Engineer
City of Fort Collins
281 North College Avenue
P. O. Box 580
Fort Collins, CO 80522-0580
Re: Mason Street BRT Project - Utility Work
Dear Ms. Migchelbrink:
REGION VIII
Colorado, Montana,
North Dakota,
South Dakota,
Utah, and Wyoming
12300 West Dakota Avenue
Suite 310
Lakewood, Colorado 80228
720-963-3300 (voice)
720-963-3333 (fax)
This is in response to your letter of August 4, 2010, regarding the use of City Utilities and
Management Information Services to perform related utility work on the Mason Street BRT
Project. The type of work related to this request includes water, sewer, electric and
communication facilities. You do not have to do a separate procurement to perform these
services, but to qualify for Federal Funding all utility relocation work must follow the 5010.1D
guidance attached to this letter. As noted in the guidance, an agreement with the entity
performing the service is acceptable, and you do not need prior FTA approval. Also, explained
in the guidance is a brief description of how these agreements differ from third party contracts
and what costs are reimbursable.
If you have any questions, or need additional information, please contact Donna Douville at
(720) 963-3332.
Sincerely,
a4z-""V�' �RECEIVED
fen•y J. Rosapep AUG 1
Regional Administrator 2010
cc: Larry Squires
Utility Relocation New 5010 Circular
Page 1V-34 FTA C 5010.1 D
11 /01 /2008
c. Utility Relocation.
(1) General. The construction of transit systems may require the relocation
and/or rearrangement of privately and publicly owned utilities. These utilities
include, but are not limited to, systems and physical plants for producing,
transmitting, or distributing communications, electricity, gas, oil, crude oil
products, water, steam, waste storm water, or other substances; publicly owned
fire and police signal systems; and railroads and streets -which directly or
indirectly serve the public. Relocating and/or rearranging utilities and facilities
necessary to accommodate an FTA-funded transit project may be considered an
eligible expense as part of the project, Exceptions to this include those situations
where State and local law expressly prohibit the financing of such by the public
entity.
(2) Eligibility for FTA Funding. In order to qualify for FTA funding, the grantee
must execute an agreement for relocating or rearranging facilities with the entity
responsible for the facilities prescribing the procedures for the relocation and/or
rearrangement of the facilities for the purpose of accommodating the construction
of the FTA funded project. Prior FTA approval is not required in reaching a utility
relocation agreement.
(3) Utility Relocation Agreement. These agreements are distinguishable from
third party contracts in that:
Only actual allowable, allocable, and reasonable costs are reimbursable. Where
the work is to be performed by the public utility's forces, no profit is allowed; and
reimbursement is limited to the amount necessary to relocate and/or rearrange
the facilities to effect a condition equal to the existing utility facilities. Generally,
reimbursement would not provide for greater capacity, capability, durability,
efficiency Or function, or other betterments or enhancements to the existing utility
systern, except for meeting current State and local codes. Indirect costs of
governmental entities incurred under a utility relocation agreement are eligible for
FTA reimbursement only in accordance with an approved Cost Allocation Plan
(CAP) as prescribed in OMB Circular A-87.
Fort Collins
PURCHASE ORDER
PO Number Page
9125211 2of6
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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
period of not less than three years after the date of termination or expiration of this contract, except in the event
of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees
to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
Reference 49 CFR 18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
4. FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Master Agreement between Purchaser and
FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's
failure to so comply shall constitute a material breach of this contract.
5. TERMINATION
a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written
notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs,
including contract close-out costs, and profit on work performed up to the time of termination. The Contractor
shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any
property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the
manner the City directs.
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
Utility Relocation Guidance
In general, FTA practices on utility relocation coincide with those of the
Federal Highway Administration, including those practices set forth at the
following sources:
1. General information at 49 CFR 24.307, "Discretionary Utility
Relocation Payments" at
[littp://wv✓w,fhwa.dot.gov/legsregs/directives/fapg/cfr4924d.litm]
and
2. FHWA policy guidance for its regulations, "Utility Relocations,
Adjustments; and Reimbursements," at 23 C.F.R. Part 645,
Subpart A at
[http://www.ffiwa.dot, gov/legsregs/directives/fapg/cfrO645a.htm].
City of
�.F,�ort Collins
PURCHASE ORDER
PO Number Page
9125211 3of6
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery
schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract,
or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract
for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the
manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of performance set forth in the
contract.
If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a
strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after
setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow
the Contractor 30 days in which to cure the defect. In such case, the notice of termination will state the time
period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or
conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting
forth the nature of said breach or default, the City shall have the right to terminate the Contract without any
further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City
from also pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by
Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's
remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor
agrees that it will not discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended,
42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41
C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations,
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City Of 9125211 ° of s
rt ColThis number must appear
FliCollins
/ ' ` ` on all invoices, packing
slips and labels.
Line Description ""'U""'r UOM Unit Price
Ordered Price
and Federal policies that may in the future affect construction activities undertaken in the course of the Project.
The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29
U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination
against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §
12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor
agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part
with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The
national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency' s overall goal
for DBE participation is 9.9 %. A separate contract goal [has not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy as City
of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the
assurance in this paragraph ( see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means
throughout the period of performance.
c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the
City of Fort Collins . In addition, is required to return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor' s work by the City of Fort Collins and contractor' s receipt
of the partial retainage payment related to the subcontractor' s work.
d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work
related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any
DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written
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
/100"' rt Collins
PURCHASE ORDER
PO Number Page
9125211 5of6
rs number must appear
all invoices, packing
ps and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or
not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set
forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or
refuse to comply with any City of Fort Collins requests which would cause the City of Fort Collins to be in violation
of the FTA terms and conditions.
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to
verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR
29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply
with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By accepting this purchase order, the vendor or contractor certifies as follows
The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is
later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to
remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements
of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from
this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
10. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 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
Total $1,149,453.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 6 of 6
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. 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 of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to de feels of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. 1loweveq it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrmst
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Parchasec Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fart 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. Ifpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers hm'e 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, certific ales and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority haviogjurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass
incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LINIITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated
herein set faith and any supplementary or additional terns 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 must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or
nots provided that notice of the conditions catering such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for time 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 acting within one (1) 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 furnished 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 any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties 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 goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany ofthen obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
[fine Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser aad 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 party released and shall extend to the
directors, officers and employees of such party.
The Sellcfs contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, 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 at any time during the prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oflerms used m the interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services ofSellers Representutive(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished 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,
anNor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry enmprchensive general liability including, but not limited to, contractual and automobile public
liability ima once with bodily injury and death limits of at least S300,000 for any one person, $500,000 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 famish the Purchaser with a certificate
that such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until a0er 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 of the 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 Purchusers effects, 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 pat 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 costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said panics 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 roles and regulations issued pursuant thereto.
Revised 03/2010
Title: 'U Lv72,-<
Date: Zg I I Z
CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE)
Checklist Item
Contract File
Comments
Location
7) Independent Cost Estimate
The City made and documented an
independent cost estimate before receipt of
proposals.
10) Unnecessary Experience and
Excessive Bonding
N
Unnecessary experience and excessive
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
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
1
N
arbitrary action is when award is made to
other than the contractor who most satisfied
all the City requirements as specified in the
solicitation and as evaluated by staff.
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
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
1
The solicitation contains no in -State or local
J
geographic preference except where Federal
Ip(
statutes mandate or encourage them.
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
` 1
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
of past performance, and financial and
technical resources.
1. Appropriate Financial, equipment, facility
and personnel. (Y/N)
2. Ability to meet delivery schedule. (Y/N)
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
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
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
V/
source. (Verify prices are no higher than price
vl�
W)
for such item by likely customers.)
did
(/ ✓1
(2) Public exigency for the requirement
tJ
not permit a delay resulting from a
competitive solicitation.
(3) An emergency for the requirement did not
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)
And documented for price reasonableness
s
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
ICJ 1/
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:
IjV
(1) the rationale for the method of
procurement,
(2) Selection of contract type,
(3) reasons for contractor selection or
rejection, and
4 the basis for the contract price.
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
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
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
payment utilizing FTA funds and the contract
tl i
does not contain advance payment provisions
r v
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
C
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.