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Home My WebLink About134029 ALPHAGRAPHICS - PURCHASE ORDER - 9125482City of Fort Collins PURCHASE ORDER Date: 10/15/2012 Vendor: 134029 ALPHAGRAPHICS 115 E HARMONY ROAD SUITE 220B FORT COLLINS Colorado 80525 PO Number Page 9125482 1of7 This number must appear on all invoices, packing slips and labels. Ship To: TRANSFORT BUS FACILITY C�l��'L�]yY�]:irK�7��1►6y 6570 FORTNER ROAD CITY OF FORT COLLINS Colorado Delivery Date: 10/15/2012 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 MAX Aluminum Signage 1 LOT LS Quantity: one (1) each for thirteen (13) stations Vendor selected per competitive bid process. Quantities and Specifications per Request for Quotation dated 10/03/12. Prices per vendor bid dated 10/05/12 and revised per email dated 10/12/12 due to after award specification change. EPLS search completed. 4,365.00 The following Federal Transit Administration (FTA) Contract Clauses apply, details attached: 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 3. ACCESS TO RECORDS AND REPORTS 4. FEDERAL CHANGES 5. TERMINATION 6. CIVIL RIGHTS REQUIREMENTS 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 10. ENERGY CONSERVATION REQUIREMENTS Federally Required Federal Transit Administration (FTA) Contract Clauses for Purchases where only a Purchase Order is used as the contracting mechanism. 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal C3. Oi'le:-osL� 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 FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) TYPE OF PROCUREMENT Clause Professional Operations/ Rolling Stock Construction Materials & Services/A& E Management Purchase Supplies No Federal Government Obligation To Third Parties / All All All All All (by Use of a Disclaimer) ✓ False Statements or Claims All All All All All Civil and Criminal Fraud Access To Third Party / All All All All All Contract Records V Changes to Federal All All All All All Requirements Termination All All All All All Civil Rights Title VI, EEO, ADA >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Disadvantaged Business All All All All All Enterprises (DBEs) Incorporation of (FTA) Terms All All All All All Suspension and Debarment >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$100,000 >$100,000 Resolution of Disputes, >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Breaches, or Other Litigation Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Caro Preference All All All Fly America Involves foreign Involves foreign air Involves foreign Involves foreign Involves foreign air transport or travel transport or travel air transport or air transport or transport or travel b air travel travel Davis -Bacon And Copeland Anti- >$2,000 (including Kickback Acts ferry vessels Contract Work Hours And Safety >$2,500 (except >$2,000 (including Standards Act transportation >$2,500 ferry vessels) services) Bonding $100,000 Seismic Safety A & E for New Buildings & New Buildings & Additions Transit Employee Protective Transit Operations Agreements Charter Bus All School Bus All Drug Use - Testing and Alcohol Transit Operations Misuse - Testing Patent Rights and Rights in Data Research & and Copyright Requirements Development Energy Conservation All All All All All Recycled Products Contracts for items Contracts for items Contracts for items designated by designated by designated by EPA, when EPA,when EPA,when procuring $10,000 procuring $10,000 procuring $10,000 or more per year or more per year or more per year Conformance With ITS National Architecture ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects ADA Access A & E All All All All Bus Testing All Pre -Award And Post Delivery All Audits David Carey From: David Carey Sent: Monday, October 15, 2012 2:48 PM To: David Carey Subject: Price Analysis& Contractor Responsibly -MAX is on the way! Station Signs NOTE TO FILE: Request for Quote notification and document file were sent via email on October 3, 2012 to the following five (5) vendors: Responses were due by October 9, 2012. • Sign -A -Rama • Actions Signs • Signs by Tomorrow • Paxton Signs • Alphagraphics Responses were due by October 9, 2012. Quotes were received from three (3) vendors. Price Analysis: Alphagraphics was determined to be the lowest responsive and responsible bidder per bid summary dated October 10, 2012.. Specifications were revised after award by Project Manager on 10/12/12. Two (2) 6'x4'signs were changed from one-sided to two-sided increasing price from $265 and to $380 each for total cost difference of $230. Original quote total was $4,135 - total expense will now be $4,365. Vendor quoted Avery graffiti resistant coating instead of 3M brand specified, which is acceptable. Contractor Responsibility: 1. Contractor has a satisfactory performance record with the City. 2. Contractor has the ability to meet the required delivery schedule. 3. Contractor has the necessary production facilities. David Carey From: Holly Reynerson Sent: Friday, October 12, 2012 12:01 PM To: David Carey Cc: Karl Gannon Subject: RE: Alphagraphics Quote Thanks, David. So, it is confirmed that one-sided is $265 and two-sided is $380. 1 need to change two signs from one- sided to two-sided, so this is a total cost difference of $230. What do we need to do to account for this change? Original quote total was $4,135 - total expense will now be $4,365. Karl - I cc'd you in case this adjustment needs to be made in the JDE requisition. Holly Holly Reynerson Marketing I Communications City of Fort Collins p. 970-416-2303 // f. 970-416-2081 // w. fcgov.com/pdt -----Original Message ----- From: David Carey Sent: Thursday, October 11, 2012 4:52 PM To: Holly Reynerson Subject: Alphagraphics Quote See attached file. David Carey From: Holly Reynerson Sent: Thursday, October 11, 2012 3:07 PM To: David Carey Cc: Karl Gannon Subject: RE: Price Analysis & Contractor Responsibly -MAX is on the way! Station Signs Attachments: Transfort MAX Station Signs Fax Quote Summary.xls Alphagraphics graffiti coating brand will be fine. We are all set to proceed with them. Karl, will you please create a requisition in JDE? Let me know when we're ok set to send final art to Alphagraphics —we plan to have it ready early next week. Thanks! Holly Holly Reynerson Marketing I Communications City of Fort Collins p. 970-416-2303 // f. 970-416-2081 // w. fcgov.com/pdt From: David Carey Sent: Wednesday, October 10, 2012 4:48 PM To: Holly Reynerson Cc: Jim O'Neill Subject: FW: Price Analysis & Contractor Responsibly -MAX is on the way! Station Signs Holly, See attached quote summary. Please review and advise if okay to proceed with Alphagraphics based on their graffiti resistant coating brand substitution. Also, before award can be made, I need a requisition created and approved in JDE. Thanks. David From: David Carey Sent: Wednesday, October 10, 2012 2:51 PM To: David Carey Subject: Price Analysis & Contractor Responsibly -MAX is on the way! Station Signs NOTE TO FILE: Request for Quote notification and document file were sent via email on October 3, 2012 to the following five (5) vendors: Responses were due by October 9, 2012. • Sign -A -Rama • Actions Signs • Signs by Tomorrow • Paxton Signs • Alphagraphics Responses were due by October 9, 2012. Quotes were received from three (3) vendors. Price Analysis: Alphagraphics was determined to be the lowest responsive and responsible bidder per bid summary dated October 10, 2012. Vendor quoted Avery graffiti resistant coating instead of 3M brand specified, which is acceptable. Contractor Responsibility: 1. Contractor has a satisfactory performance record with the City. 2. Contractor has the ability to meet the required delivery schedule. 3. Contractor has the necessary production facilities. EPLS Search Results Page 1 of 1 C I1'l. U s-- Excl'ud'ed.Parties;Li'st S;ystemd Search Results Excluded By Firm, Entity, or Vessel : Alphagraphics Fort Collins State: COLORADO Country : UNITED STATES as of 10-Oct-2012 1:47 PM EDT Your search returned no results. https://www.epls.gov/epls/search.do,jsessionid=917242551 DD648DE8834DDDCC5379... 10/ 10/2012 Data of Estimate'. 1-Mar-12 Contract Type: RFO Existing Contract or PO (YIN): N Description of Goods (A) or Services (RL Independent Cost Estimate Aluminim, digitally printed vinyl signage with anti -graffiti mating. These signs will be produced by an outside vendor, Third party, estimate was provided through the Clty's Sign Shop. The City Sign Shop cannot compete bemuse they do not have inhouse digital printing abilities, but they have knowledge of industry pricing. I have obtained the following estimate from; Published Price List I Past Pricing (date) Engineering or Technical Estimate performed! by) Independent Third Party Estimate (performed by) Richard Rrewbaker - City of Fart Collins Sign Shop Manager Other(specifiy) Cost Estimate Details'. (Estimate calculated in US Dollars) Signature of Prepare, Product osr or n.ra Cost ($Joe) ar. nams Cost ($lea) Notes/Data Source Delivered No Frie ht 4x6 aluminum sign - sin le sided 425.00 4W 00 CFC Sign Shop 6x4 aluminum sign - sin le sided 42500 400.00 CFC Sign Shop 4x5 aluminum sign -double sided 62500 600.00 CFC Sign Shop 6x4 aluminum sign - all sided 625,00 600.00 CFC Sign Shop Total 2,100.00 Cost of Services, Repairs, or Non -Standard Items Item/task: Materials or Work Description Other Direct Costs Labor Rate ($) Labor Hours Allocated Overhead SGBA' Profit TOTAL Total $ 'siq, f Y W xm.vo- E, approval-for-3rd-party-ice.txt From: Jim O'Neill Sent: Friday, August 31, 2012 3:45 PM To: Holly Reynerson; David Carey Subject: RE: ICE Help - Third Party Estimate That will work. From: Holly Reynerson Sent: Friday, August 31, 2012 10:36 AM To: Tim O'Neill; David Carey Subject: ICE Help - Third Party Estimate Hi Jim & David, I am working on an ICE for an RFQ that I will be forwarding to you all soon for the production of some signs along the Mason Corridor. I have consulted with the city's sign shop to get an estimated cost on production. The CFC sign shop will not be competing on the project because they do not have digital printing capabilities, but they do know the industry and were able to provide a cost estimate. will this work for the ICE? Draft attached... Thanks, Holly Page 1 QUOTE SUMMARY Transfort MAX is on the way! Station Signs Date: 10/10/12 Quantity: 1 each of 13 different MAX station signs Sizes & Specs: Per Quote Request dated 10/03/12 Vendor Total Cost Meets Specs Y/N AI ha ra hics $4,135.00 N Si narama Fort Collins $4,987.00 Y Action Signs & Banners LLC $5,144.75 Y Quoted Avery graffiti resistant coating instead of 3M brandspecified. F6rt City of Collins Date: October 3. 2012 Vendor Name: REQUEST FOR QUOTATION Finance Services I'urchasin" Fixision 215 N Mason St. 2nd Fluor I'O Box 590 Fort Collin,. CO 50522 970.221.0775 970.221.6707 — rex Pceov.amt/nurchasin❑ The City of Fort Collins is seeking bids for itsTransfort Division from qualified vendors to produce the following station signs for the MAX Bus Rapid Transit (BRT) Line Project that will operate along the Mason Corridor. Service will begin in the summer of 2014. Transfort is the City's public bus service provider. Please supply price and delivery information per the below referenced specifications. Respond by October 9, 2012 via fax or email to: David Carey, CPPB, Buyer, Fax: (970) 221-6707, Email: dcarey(a)fcgov.com . Questions concerning the specifications should be directed to Holly Reyerson, Transfort Marketing & Communications, at (970) 416-2303 or hreyerson(a)fcgov.com . Questions regarding bid submittal or process should be directed to David Carey, CPPB, Buyer at (970) 416-2191 or dcarey aa�fcgov.com . City's preference is to award all signs to one vendor. However, the City may award bids on either an individual sign size or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. City of �,.F.�or_t Collins PURCHASE ORDER PO Number Page 9125482 2of7 This number must appear on all invoices, packing els. slips and lab Line Description Quantity UOM Unit Price Extended Ordered Price 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 Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 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 Job Name: MAX is on the way! Station Signs (draft imagery included for reference only). Sign Specifications: 0.080 Aluminum 4-color, digitally printed on heavy-duty vinyl for outdoor use Minimum life expectancy 2 years 3M graffiti resistant coating Rounded edges Quantities: 4' wide X 6' tall = 4 signs, 2 two sided', 2 one sided 6' wide X 4' tall = 9 signs, 4 two sided', 5 one sided 'Two sided signs will have the same content/graphics on both sides. Detailed list: • Mountain Station 6'x4'; one sided • Olive Station 4' x 6; two sided • Mulberry Station 4' x 6'; one sided • Laurel Station 4' x 6'; two sided • University Station 4' x 6'; one sided • Prospect Station 6' x 4; one sided • Spring Creek Station 6' x 4; one sided • Drake Station 6' x 4; one sided • Swallow Station 6' x 4'; two sided • Horsetooth Station 6' x 4'; two sided • Troutman Station 6' x 4'; two sided • Harmony Station 6' x 4'; one sided • South Transit Center 6' x 4'; two sided Delivery: Completed signs are to be delivered to City of Fort Collins Sign Shop located at 625 Ninth Street, Fort Collins, CO 80524. Deadline: Signs must be completed and delivered within three (3) weeks of date Purchase Order (PO) is issued. Other: The following Federal Transit Administration (FTA) Contract Clauses apply, details attached: 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 3. ACCESS TO RECORDS AND REPORTS 4. FEDERAL CHANGES 5. TERMINATION 6. CIVIL RIGHTS REQUIREMENTS 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 10. ENERGY CONSERVATION REQUIREMENTS Page 2 of 9 T n � n Page 3 of 9 BID FORM Job Name: MAX is on the vvavl Station Signs Quantity: one (1) each Sign Price Each Total Price Mountain Station $ Z $ Z6 Olive Station $ 3 �3 O $ 3 Mulberry Station $ 7 6 S_ $ Z� S Laurel Station $ 3,30 $ .O University Station $ 65 $ a6 S Prospect Station $ 6 S $ Spring Creek Station $ 6 s $ �� S Drake Station $ a 6 S $ a�S Swallow Station $ o $ 3 0 O Horsetooth Station $ 3 8 a $ 390 Troutman Station $ 3 O $ 3 8:U Harmony Station $ a 6 S $ a6 .S South Transit Center $ 3$ o $ S9,0 Total Quantity Cost: Prices must include delivery Delivery (after proof approval): 3?V—c. � 1,1A'e�k Items bid meet or exceed the specifications listed without exception. Yes No � A-jeo-i O r�-44-, YeSi 1 ��t If not, please list exceptions on a separate sheet and attach to your bid. Vendor Name: %1f�4�0.c, r�0 ` s Address: *_2 Al F+C'Ai�_Sl cc) �SZS Telephone#: r120-123-6, 16 Email: I^\�rt^�er(p Zjo" Respondent Name: I r v,"� Title: cS �p . (Please Print By: Date: (Signature) Page 4 of 9 David Carey From: Wes Westfall, SIGNARAMA <wes@signaramafortcollins.com> Sent: Tuesday, October 09, 2012 4:28 PM To: David Carey Subject: MAX signage bid Attachments: SIGNARAMA FC - City of FtC MAX Is on the way! Station Signs017.pdf David — Attached is my quote for your MAX signage project. Please feel free to call me if you have any questions. Best Regards, Wes Westfall SIGNARAMA Fort Collins 1600 E. Mulberry St., Unit 1 Fort Collins, CO 80524 970-204-1805, fax 970-204-1765 www.signaramafortcollins.com Check us out on Facebook! Try out our Online Design & Ordering System! City Of art Collins Date: October 3, 2012 Finance Services Purchasing Division 215 N Mason St. 2n° Flour 1'0 Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 — I'ac Fcem.comJnurchac{ne Vendor Name: S16-/VA(ZAM4 Forf 4ju- is REQUEST FOR QUOTATION The City of Fort Collins is seeking bids for itsTransfort Division from qualified vendors to produce the following station signs for the MAX Bus Rapid Transit (BRT) Line Project that will operate along the Mason Corridor. Service will begin in the summer of 2014. Transfort is the City's public bus service provider. Please supply price and delivery information per the below referenced specifications Respond by October 9, 12 via fax or email to: D 'd Carey, CPPB, Buyer, Fax. (970) 221-6707, 9,Zail: dcarevCa fcoov.com . Questions concerning the specifications should be directed to Holly Reyerson, Transfort Marketing & Communications, at (970) 416-2303 or hreverson(rDfcaov.com . Questions regarding bid submittal or process should be directed to David Carey, CPPB, Buyer at (970) 416-2191 or dcarev(&fcoov.com . City's preference is to award all signs to one vendor. However, the City may award bids on either an individual sign size or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. BID FORM Job Name: MAX is on the wavl Station Signs Quantity: one (1) each Sign Price Each Total Price Mountain Station $ D O $ O Olive Station $ y g i, 0 D $ L4S 7. C D Mulberry Station $ 2,615, [)O $ ;2q 5 00 Laurel Station $ 4 R 1, CC $ 4,9 -1. ac University Station $ -a— E)C $ IR S' CC) Prospect Station $ oIgS,Do $ 299,1)0 Spring Creek Station $ qa s o O $ lei S. O (D Drake Station $ 2q 5 .DO $ ;q S, OD Swallow Station $ 491. cc) $ 4 ,(?'7, DO Horsetooth Station $ 14g 'j , ot) $ 4 $ -7. D a Troutman Station $ �j S -I, on $ Li g -7. nQ Harmony Station $ OM 5, 0D $ Iq.1 S. D O South Transit Center $ 4i� 7, D O s L49 -7, 00 Total Quantity Cost: $ L -q8 Prices must include delivery. Delivery (after proof approval): 14) P_Z" Items bid meet or exceed the specifications listed without exception. Yes X No _ If not, please list exceptions on a separate sheet and attach to your bid. Vendor Name: 2 &tJAK A AA A IFLA C „ ILLyt c Address: 11pQ0 C . t Yl a lov y r S4. Telephone#:Email: ftie5(-c;ittyylra IJ;:�D r(-cr)N(Vis.4.!ZD Respondent Name: WeS We5+�a tl Title: Leg .1f, L,4 (Please Print) By: Date: � % (Signature) Page 4 of 9 David Carey From: Randy Lerich <randy@myactionsigns.conn> Sent: Monday, October 08, 2012 2:38 PM To: David Carey Subject: MAX bid Attachments: Transfort MAX Station Signs RFQ (2).pdf Hi David Attached is our bid for the MAX is on the way project. Regards Fort Collins Date: October 3, 2012 Finance Services Purchasing Division 215 N Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 — lax Fcenv.cnm/norchasine Vendor Name: Action Signs and Banners LLC REQUEST FOR QUOTATION The City of Fort Collins is seeking bids for itsTransfort Division from qualified vendors to produce the following station signs for the MAX Bus Rapid Transit (BRT) Line Project that will operate along the Mason Corridor. Service will begin in the summer of 2014. Transfort is the City's public bus service provider. Please supply price and delivery information per the below referenced specifications. Respond by October 9, 2012 via fax or email to: David Carey, CPPB, Buyer, Fax: (970) 221-6707, Email: dcarev(aa)fcgov.com . Questions concerning the specifications should be directed to Holly Reyerson, Transfort Marketing & Communications, at (970) 416-2303 or hreyerson((Dfcgoy.COm . Questions regarding bid submittal or process should be directed to David Carey, CPPB, Buyer at (970) 416-2191 or dcarey(o)fcgov.com . City's preference is to award all signs to one vendor. However, the City may award bids on either an individual sign size or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Job Name: MAX is on the way! Station Siqns (draft imagery included for reference only). Sign Specifications: 0.080 Aluminum 4-color, digitally printed on heavy-duty vinyl for outdoor use Minimum life expectancy 2 years 3M graffiti resistant coating Rounded edges Quantities: 4' wide X 6' tall = 4 signs, 2 two sided*, 2 one sided 6' wide X 4' tall = 9 signs, 4 two sided*, 5 one sided *Two sided signs will have the same content/graphics on both sides. Detailed list: • Mountain Station 6'x4'; one sided • Olive Station 4' x 6'; two sided • Mulberry Station 4' x 6'; one sided • Laurel Station 4' x 6': two sided • University Station 4' x 6'; one sided • Prospect Station 6' x 4'; one sided • Spring Creek Station 6' x 4'; one sided • Drake Station 6' x 4'; one sided • Swallow Station 6' x 4'; two sided • Horsetooth Station 6' x 4'; two sided • Troutman Station 6' x 4'; two sided • Harmony Station 6' x 4'; one sided • South Transit Center 6' x 4'; two sided Delivery: Completed signs are to be delivered to City of Fort Collins Sign Shop located at 625 Ninth Street, Fort Collins, CO 80524. Deadline: Signs must be completed and delivered within three (3) weeks of date Purchase Order (PO) is issued. Other: The following Federal Transit Administration (FTA) Contract Clauses apply, details attached: f. NO GOVERNMENT OBLIGATION TO THIRD PARTIES PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS ACCESS TO RECORDS AND REPORTS FEDERALCHANGES TERMINATION CIVIL RIGHTS REQUIREMENTS DISADVANTAGED BUSINESS ENTERPRISE (DBE) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ENERGY CONSERVATION REQUIREMENTS Page 2 of 9 STATION ,£ , lu Y yp,. LOPEM IPSUM SIT YM, tlNN9v faCgxang tlh, ad Yam roiWmY emnatempbmiOudNµttaYdArbrnelra rzhm Lmtlrta dmVW a.eroxa:a4mata sannaa ex f uem qwm Eob vt am0sA a:ctl, CONSETETUN SAONG ELITR Mr3y • rasp paOtlLren..v xataAmlala max o ortC t[IOS fcgovcom/max NY AVENUE STATION HARMONY fcgovcom/max o .° max �tycf ,o trins 12548 PURCHASE ORDER PO 9er Page City Of 125482 3 of 7 `t Collins This number must appear v on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience (General Provision) The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. C3. OYIa:sQ �L Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins 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 BID FORM Job Name: MAX is on the way! Station Signs Quantity: one (1) each Sign Price Each Total Price Mountain Station $ 317.37 $ 317.37 Olive Station $ 487.19 $ 487.19 Mulberry Station $ 317.37 $ 317.3 7 Laurel Station $ 487.19 $ 487.19 University Station $ 317.37 $ 317.37 Prospect Station $ 317.37 $ 317.37 Spring Creek Station $ 317.37 $ 317.37 Drake Station $ 317.37 $ 317.37 Swallow Station $ 487.19 $ 487.19 Horsetooth Station $ 487.19 $ 487.19 Troutman Station $ 487.19 $ 487.19 Harmony Station $ 317.37 $ 317.37 South Transit Center $ 487.19 $ 487.19 Total Quantity Cost: $ 5144.75 Prices must include delivery. Delivery (after proof approval): 14 days Items bid meet or exceed the specifications listed without exception. Yes X No _ If not, please list exceptions on a separate sheet and attach to your bid. Vendor Name: Action Signs and Banners LLC Address: 1413 Webster Ave Telephone #: 970 . 223 . 2124 Email: Randy@myactionsigns.com Respondent Name: Randy Lerich (Please Print) Randy Lerich By (Signature) Title: Owner Page 4 of 9 Date: 10 Oct 2012 City of art Collins PURCHASE ORDER PO Number Page 9125482 4of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 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 91254112 5of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (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 consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) C3. O✓lps�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 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 9125482 6 of 7 r s number must appear all invoices, packing ps and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Suspension and Debarment 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 signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, 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 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 Total Invoice Address: $4,365.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temps and Conditions Page 7 of 7 I. COMMERCIAL DE'I'AILS - 'I'ax pt Bytnd the CIA fFort Cl ,IC ,am ad load t. On, Es,.,,Es,.,,i.a Number s 11. NONWAIVER 98 04502 Federal Excise Tax Calculation Caraffirand of Registry 84 6000587 is m,surrod with the Catholic, f Failchild Parld-al to insist Von strict, C Cch terms J conditions larreard failure r delay to internal Revenue Dearer Colomdo(Ref. Colorado Revised Statutes 1973, Chapter 39 26, 1 N (a). exercise y rights or remedies included herein or by [a,, firime d paddridy addy tl Seller the ved of a anon the acceptance of or payment tar sr ds hereunder or approval oftbe design, shall not release the Seller of Goods Rejected, GOODS REI ECTED due to failure to meet specifications, either when shipped or duo to defects of any othe wstructures or obligation of this purchase order and shzl l not be deemed a waiver of any right of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purehaxrn insist upon said Ucdommnce hercofor anyofia rights orrennedies as to any such goods, regardless Instructions from the City of Fan Collins. of when shipped, received or accepted, as to any pro a enrp subsequent default hereunder, nor shall any puorted oral modifation or resdssion 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 Accepance. Receipt of d,e merelmndise, se or equipment in response to this order ea result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. a umnzed payment on the Dart of ilia City of Poe Collins_ Iroweve, it is inbe understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCEndependcnnlponeon,plelion ofall applicablerequiredinspericn procedures, violations are in fact home by glePurchaser. Formable for good muse and as consideration for executing this ,u1ase aide, the Seller hereby nds.a, to Ilia Purchaser any and all claims it may now have or hereafter Freight Terms. Shipti nts mast be FOR,, City of Fon Odlim, 400 Wood St, Eon Collins, CO 80522, unless otherwise specified an this order. If permisinn is elver m prepay @i8ht end charge separately, the olgurdl freight bill must aecompany invoice- Additional charges far packing will not be accepted Shipnn a, Distainec. Where mfa dam s have distributing poi s pans of the c entry, ship.. c in expected farm the nearest mile, fa point m dvOnudou and excess freight lull be deducted from Invoice when sM1ipmems are mule from greanr distdnu. Parents. Seller shall procure m sellers sole cost ,It necessary pernats, complete, and licenses required by all applicable laws, regulations, ordinances and rules of the stale, municipality, territory or political subdivision where the work is performed, or required by any other duly constarred public aud,onty havingjunedichum over the work of vendor. Sena, runner ,Inters to bald he City of Pon Collura harmless from and agamat all liability and loss Paged amf at, then, by mar ,, asserted or established violation of any such laws, regulations, ordinances, rates an requirements Authorization. All parties to (Ills contract agree that the representatives are in fact, areas hold and possess full and complete mttM1anty m bind said panics. LIMITATION OF TERMS. IDis Purchase Orde, expressly limits acceptance do the terms and conditions stated haver, set forth and any supplemcntat, or additional terms and conditions annexed harem or incorporated herein by reference_ Any additional or different terms and canonical proposed by seller are objected to and hereby rejected, 2 DELIVERY. PLEASE ADVISE PURCHASING AGENT ilia didely if, you cannot make complete shipment to arrive on your promised delivery dam as noted. Time is ofthe exince, Delivery and performance must be of ecaed within the time staled on, the purchase aide, and all documents attached hereto. No acts of (lie Purelmcers including, without function, reccpnam cfpanml late deliveries, shop operate as a waiver Affix provision In the event ofany delay, floe Database, shall have In orbital, to other legal and bordello remedies, the option, okplaring this order elsewhere and hiding the Seller liable for damages. However, the Sell,. shall no, be liable far damage, as a gsuhl ofdelayb due Ir buses not orce.-M, foreseeable which are beyond its reasonable control mad without its Full ofdo,hathea, such acts mf God, sets ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided tlmt notice of conditions coming such delay is given to the Purchaser within five (5) days of the Time when the Seller first received knowledge Iheeeof. In the event of any boll delay. the date of delivery shop be extended for tire period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by Ibis order will conform with applicable dmwion , .speeificalears, samples maker other descriptions given, will be fit for the purposes irmadal, and Performed ,it, the highest degree of are and competence in accordance with accepted standards for work of a similar -firm. The Seller agrees to hold the Frontier hamress from any loss, damage or expense which the Purchaser may s.met o, Clear on rcoovm of rile Sellers breach informants. The Seller shall replace, repair or make good, without cost to the purchase, any defects or fauns arcing variant one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable emnvnty provided by the Seller her the data of acceptance of the goods fumisbed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not engine a waiver of any claim under 0is wmrand, Except as otherwise provided in this purchase order, the Sellers habit ry hereunder shall extend to all damages Tons inintly caused by the breach of cry of the foregoing warranties or gu chat es, but such liability shall in no evens include loss nfp,.fiax or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF I I NESS FOR PURPOSE SHALL APPLY. 4, CI IANGES IN LEGAL TERMS. 'I he Purchaser may make changes co legal Ierms by written dmnge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any cbanga a the toms, .,her tbeu legal arms, including additions to or deldions from floe "On titto, originally ordered in Ire specifications or drawings, by verbal or written change order. If any such change affece, the amount due or the time of perfomane hereunder, an equitable adjustment shall be made. 6. TERMINAL IONS. The Pnmbaser may at any rime by wnnen change order, Iemhinam this agrccnrent as, to any or all portions of, the goods life, not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progrevs provided in,, 16e PurcM1uer ears][ not be IwMc or any claim, to, and,'palW profits oil the h n e ipleled portion of the goods and/or work, for incidental or consequential damages, and fed no such adjustment be made in favor of Ire Seller with respect any goods which are the Sellers standard stock. No such nomination shall relieve the Purchaser or doe Seller of any oflheir obligations As to any goods delivered hereunder. ]. CLAIMS FOR ADIUS'I mEU'f. Any dorm far lob- mw1 must be loosened within thirty (30) days from Inc tine the changd or umnrwama n. ordered. 8. COMPLIANCE WI 111 LAW, She Seller warrants that all goods sold hereunder shall have been produced sold delivered and doubled in strict compliance with all appliable laws and regrabl am 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 regularmas required to be nroepomted to abmemmn, of ihis character are hereby incorporated herein by this reference. The Seller agrees to indemnity and hold the Purchaser harmless from all costs and damages suffered by the Patrolmen as a result of the Sellers failure to comply corm such law. 9-ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the ,nor wriper consent of the other ,,by, 10. TITLE. The Sell,, „tactual, full, clear end urbodmded till, to the Purchaser for at I equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, remodels reservations, smurry fares, encumbrances and claims fother, acquired under federal or slate antitrust laws lot such overcharges relaring to the particular goods or services purchased or acquired by the Purchaser pnmuanl to this purchase order_ 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonennforming or defecavd goods by a date Ir be agreed upon by the Purchaser and We Seller, and the Seller thereafterindicates its inability or unwillingness to comply, the Pumhmer may range the walk I. be informed by ilia most expeditious means available to it and the Seller shall pay all coals vWWiamd with such work. The Seller shall release the Purchaser and its contmcma ofany lie from all ]liability and claims crony nature restating from doe performance ,f such work. this release shall apply even in the event of fault or rcgligence of do party released and shall extend to the (brooder, officers and employees branch parry. 'file Seller's coatrndual.1kh, lima, including currants, shall not be deemed to be mduocd, in city way, because such work is perpetrated or caused to be performed by the Purchaser. 14. PATENTS Whenever the Seller is required to resemry design, device, material or process covered by letter, patent, trademark or copyright the Seller shall indemnify and Seca Famaeas the Purchaser from any and all claims for infringement By reason of the use of such canonical design, device, material or process in connection with the contract, and shall indemnify 0e Purchaser for any cost, expense or damage which it may be obliged to pay by ratan of such infringement at any time during We prosecution or ate, the completion of tile work In case said equipment, or any part Werrof or the fmmded use of the goods, is in such said held to constitute infringement and the use of said egnipnent or pan h enjoined, the Seller sh II, at its own expense and at its ,,Iran, either parwre far, the Purchase, the right to continue ,sing said equipment or pans, replace the same with substantially equal but contradicting equipment, or modify it so it becomes noninfringinp. IS INSOLVENCY. If the Seller shall became insolvent or hankrupt 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 Purolator without liability. 16. GOVERNING LAW. The definitions of comas used or iatemodation of the agreement and the rights ofall parties herevnder shall be eomtmed under and ga, VmId by We laws crime Scan of Cblomdo, USA. The following Additional Conditions apply only in cases where the Seller is to permm work hereunder, including do services of Sellers Representdtiverc on the premises ofotherc U. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's owm risk until the some is fully completed and accepted, and shall, ill e of any accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of he Purchase, When mannia6 and equlpmad am fumisnW by others for installation ar creation by the Salle, ilia Seller slash rncivc, all stare and handle same at the site and become mspanlble therefor us though such materials victor equipment ware being firmislmd by the Seller under the coder. 18. INSURANCE. The Seller shall, at his own expen e, provide for the payment of workers compensation, including occupational dsmse benefits, an its employees employed on or in connection with We wad covered by this purchase attic, and/or to their dependents in accordance with the laws of the slab in which the work is to be done. Ed Seller shall also carry cmap lloodvic general liability including, but not limited to, contmcand and automobile public liability inmmnce with bodily injury and death limits of if least S300,000 for any obeperoon, S500,000 fill any one accident and property damage ]hurt per incident of S400000. The Seller shall likewise require his ra, ..Ins, if any, gr provide I,,, .an compensation and insurance. Before any of the Sellers or his contractor, employees shall do any work upon the premises of others, the Sella shall famish Ibe purchase, with a certificate that such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such cenifieates shall specify the darewhen such eompeusvtion and expire. Th Sclic, meac, that such mmpeuw on J i or, ob b torand mail after the noire work is completed and accepted. 19. PRO] EC fION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asumer the entire responsibility and liability for any and all dnmsge, loss Uri jury ofany kind or nature whadwever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection here, ill, The Seller will inJemniry anJ Feld harmless the PvaM1asermA :my r all of the Purchtmrs om¢rs, 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 contractor, or any of the Sellers or contractors officer, agents or employees In case arm suit or other re by reason any be brought a8amst Wepumhnegerns rotten agent sonny of his ocnany limaan sacrum or their reason ,f mry act r amp neglect, morclan or default of the Seller of any of his contractors or any of its a glide o0icrn, 1 a, t or employees as ome, tto k the Seller all en , char e, assume the ,,Caddo thereof and , any an tin same at the Sellers own expense, to key any and all cost, charges, mar or a fees its other expenses, any and all judgments that rosy be r other bye obtained in case the Purchaser ur any of its ,r their Van or ,gems or employees in such miff or r har paror and p, and in age judgment or other lien be placed upon s, obtained against ac the property a ffescr Pto b dissolved or and ponies in or as a giving of arch cults ry se Ile c Seller and the Seller contractor ur once base the setae tobedissolved and andM1aged by giving bond or ssoh for the Ile Seller and his contactors shall take all safety precautions, furnish .and install all guards necessary far the prevention hof e cc upatio comply with all Laws and regulations with regard m safety including, ou[ without limitation, ilia Occupational Safely and Health An of 19ID and all tales and re8ulelion issued pmsuenl dM1ereto. Revised 03,2010 Small Purchase of: Title: MAX is on the way! Station Signs Date: October 9, 2012 CONTRACT CHECKLIST FOR SMALL PURCHASES Checklist Item Contract File Comments Location 7► Independent Cost Estimate See attached I.C.E. dated The City made and documented an 08/31 /12 independent cost estimate before receipt of proposals. 9) Unreasonable Qualification No Requirements This solicitation did not contain unreasonable requirements placed on firms in order for them to qualify to do business. 1 2) Arbitrary Action No There was no arbitrary action in the procurement process. (An example of 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. 1 3) Brand Name Restrictions No 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. 1 4) Geographic Preferences No The solicitation contains no in -Slate or local geographic preference except where Federal statutes mandate or encourage them. 1 5) Contract Term Limitation No The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 23) Price Quotations Yes Price or rate quotations were obtained from an adequate number of qualified sources. 24) Clear, Accurate, and Complete Yes - Per Request for Quotation Specification dated 10/03/12 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. 41 ) Cost or Price Analysis Price Analysis. Either a cost analysis or a price analysis was See Memorandum dated performed and documented. The price was 10/15/12. determined to be fair and reasonable. Price reasonableness based on: Price quotations. Previous purchase. Current price list or advertisement. Value Analysis — copy in file. 42) Written Record of Procurement Yes. History Per P.O.# The file contains records detailing the history of this procurement. At a minimum, these records include: (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. Excluded Parties Search Yes, run 10/10/12. EPS run and include in the file