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HomeMy WebLinkAbout105596 COLORADO ASSN OF TRANSIT AGENCIES - PURCHASE ORDER - 9126518Fort Collins Date: 12/21/2012 Vendor: 105596 COLORADO ASSOCIATION OF TRANSIT AGENCIES 110 16TH ST SUITE 604 DENVER Colorado 80202 PURCHASE ORDERPO 912651er Page 126518 ' of This number must appear on all invoices, packing slips and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS Colorado Delivery Date: 12/21/2012 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2013 CTC Dues 1 LOT LS Colorado Transit Coalition Per Invoice# m280, dated 12/18/12. EPLS Seach Completed. Other: In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal clauses apply to this purchase order, 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 SUSPENSIO (NONPROCUREMENT) 10. ENERGY CONSERVATION REQUIREMENTS 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. 9,798.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Ema1I:purchasinq@fCg0v.c0m PO BOX 580 Fort Collins, CO 80522-0580 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior No. written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 18) Award to Responsible Contractor The City made a determination that it was awarding to a responsible contractor considering such matters as contractor integrity, compliance with public policy, record of past performance, and financial and 1. Y technical resources. 2. Y 1. Appropriate Financial, equipment, facility 3. Y and personnel. (Y/N) 4. Y 2. Ability to meet delivery schedule. (Y/N) 5' 3. Satisfactory period of performance. (Y/N) y 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from vendor. (Y/N) 19) Sound and Complete Agreement This contract is a sound and complete agreement. In addition, it includes remedies P.O. # 9126518 issued. for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete Specification A complete, adequate, and realistic specification or purchased description was Yes. available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 38) Sole Source if other Award is Infeasible The contract file contains documentation that award of a contract was infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: (1) The item was available only from a single 1. Colorado public source. (Verify prices are no higher than price transportation advocacy for such item by likely customers.) organization membership. (2) Public exigency for the requirement did not permit a delay resulting from a competitive solicitation. See Memorandum dated (3) An emergency for the requirement did not 12/18/12 permit a delay resulting from a competitive solicitation. (4) The FT A authorized noncompetitive negotiations. (5) Competition was determined inadequate after solicitation of a number of sources. 39) Cost Analysis Required Cost analysis and profit negations were performed (initial award and modifications) And documented for price reasonableness Yes. was established on the basis of a catalog or See Memorandum and Invoice market price of a commercial product sold in both dated 12/18/12. substantial quantities to the general public or on the basis of prices set by law or regulation. 40) Evaluation of Options The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. (To be N/A eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 42) Written Record of Procurement History The file contains records detailing the history of this procurement. At a minimum, these records include: (1) the rationale for the method of Yes. procurement, (2) Selection of contract type, (3) reasons for contractor selection or rejection, and 4 the basis for the contract price. 43) Exercise of Options The grantee exercised an option on this contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better N/A than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes The grantee amended this contract outside the scope of the original contract. The N/A 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 Yes. payment utilizing FTA funds and the contract Annual membership dues typically does not contain advance payment provisions paid in advance. or, if it did, prior written concurrence was obtained from FTA. 46) Progress Payment Provisions The contract contains progress payments based on costs incurred (as opposed to percent of completion) and the contract contains a provision giving the grantee title to No. property (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts This is a time and materials contract; the grantee determined that no other type of No. contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost This is not a cost plus a percentage of cost No. type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages provisions and the assessment for damages No. is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking 1) The file contains: Assignability provisions. No 2) The procurement file contains: Price reasonableness determination. 56) Clauses This contract contains the appropriate FTA Yes. required clauses. Excluded Parties Search Yes, run on 12/21/12. EPS run and include in the file. Forte. rt, Coll Ins Dale of Estimate: 12/182012 Comracl Type: EzisOnp Contract or PO (YtN): N Description of Come (A) or Services (B): 2013 CTC Membership Dues. I have obtained the following estimate from; Published Price List Past Pricing (date) 12P222011 Engineenrig or Techincal Estimate (performed by) Independent Thim Parry Estimate (performed by) Olher(specilly) A Independent.Cost Estimate Cost Estimate Details: (Eslimale cakulaled In US Dollars) Cost $lea Cost Slea) Pmtluct Delivered CPI increase !Cost ($lea) INotesiOata Spume jTotal 2 Membersmp 1 $ 9198.00.1 $ 372.32- $ 10.170.32'. 1 $ a./ae.uu $' 19,170.32'1 BEstimate Is based on CPI Increase of 3.8%to prior years dues SATmnsfpnlAdminOranciai Coominator- KarMurchasing- GeneraNCE-2013 CTC Dues,slsSheetl 1211MD12 City of art Collins Memorandum DATE: December 18, 2012 TO: David Carey FROM: Karl Gannon Transfort f Dial -A -Ride 6570 Portner.Road Fort Collins, CO 80522 970.221.6620 W0221.8285 - fax fcgov.com SUBJECT: 22013,.Colorado-Transit"Coalition lVlemliership Dues. - Justification of'Cosf &""- 'Sole Source ` The 2013 membership dues for the Colorado Transit Coalition pay directly for the lobbying efforts on behalf of Colorado member agencies. Dues are based on a pre-set formula determined by the Coalition. Over the last three years, dues have remained static for Fort Collins at $9,798.00 per year. I find this amount to be a reasonable and justifiable expense for2013. Please contact me with any questions. Thanks, Karl Karl Gannon City of Fort Collins Transfort / Dial A Ride (970)416-2087 I Karl Gannon From: Sent: To: Subject: Attachments: FYI. Sent from my Whone Begin forwarded message: Kurt Ravenschlag Tuesday, December 18, 2012 3:11 PM Karl Gannon Fwd: 2013 Calendar Year CTC Dues Invoice # m280.pdf; ATTOOOOI.htm From: Deeanna Mondragon <deeannam@coloradotransit.com> Date: December 18, 2012 3:09:16 PM MST To: <kravenschlag@fc¢dwcom> Subject: 2013 Calendar Year CTC Dues Hi Kurt, Hope you are well! Attached is the invoice (#m280) for 2013 calendar year CTC dues. Please note we are moving our CTC dues billing schedule from a federal fiscal year to a calendar year. Last year we billed CTC dues for calendar year 2012 as federal fiscal year 2013. This year we are hillin6 you for CTC dues for calendar year 2013 for the work our staff will do during the 2013. Feel free to contact our office should you require additional information. Thank you, Deeanna Mondragon Administrative Assistant CASTA, Colorado Association of Transit Agencies 110.16th Street, Suite 604 Denver, CO 80202 Email: deeannam@coloradotransit.com Ph:303.839.5197 Visit us online for information about upturning conferences and training opportunities! www.coloradotransit.com CASTA 110 16th Street, Suite 604 Denver, CO 80202 USA Voice: 303-839-5197 Fax 303-832-3053 INVOICE Invoice Number. m280 Invoice Date: Dec 18, 2012 Page: 1 V /)_ -;0-'1izG5/9 City of Fort CollinslrransFort 250 N. Mason FORT COLLINS, CO 80525 FORT COLLINS. ., .. - Net 30 Days ' Sales Rep ID 4 •+,,� 'Shipping Me Ship Date 1117113 Quan[ity Item '. .Description UnitfPnce A_m"`ouni Calendar Year 2013 CTC Dues --9,798.00 "'AOI U04e PrIG gwi0ob3l. SILO 42�to2�l ? . L{3332 Subtotal 9,798.00 Sales Tax Total Invoice Amount 9,798,00 Check/Credit Memo No: Payment/CreditApplied System for Award Management Page 1 of 1 Search Results Current Search Terms: colorado* transit* coalition* S I System br Rwaki Management 1.0 Note to all Users: This Is a Federal Govemment computer system. Use of this system constitutes mast to monitoring at all times. EXCLUDE/J z IBM v1.4]4.20121216-2150 ® U�I :gW_ https://www.sam.gov/portal/public/SAM/?portal:componentld=66fdb6O2-77f6-4baO-914... 12/21 /2012 System for Award Management Page l of l Search Results �ARi/E5 SE�,PL'y Current Search Ter s: colorado* association* of transit* agencies* Vo records found for current search. SAM I system for Award Management 1.0 IBM v1.474.20121216-2150 Note to all Users: This is a Federal Government computer system. Use of this - USA—C $ system constitutes consent to monitoring at all times. ��s https://www.sam.gov/portal/public/SAM/?portal:componentld=66fdb6O2-77f6-4baO-914... 12/21 /2012 Fort Collins PURCHASE ORDER PO Number Page 9126518 2 of 7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 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 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9126518 3of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended. Ordered Price 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. 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, 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 9126518 4 of 7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. (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)). U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9126518 5of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 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. C� c3. ov�:9-ems U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of Fort Collins PURCHASE ORDER PO Number Page 9126518 6of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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: $9,798.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 7 of 7 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of I do Coll its is exempt from sure and local taxes. Our Exemption Number is II. NONWAIVIiR. 98-04502, Federal Excise Tax Exemption Cenilicae of Registry 84-6000587 is registered with the Collector of Failure of the Pumleter to insist upon strict performance of the terms and conditions hereof, failure w delay to Infected Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 bq) exerciseany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due Ir failure to meet specifications, either when shipped or due to deftets of any of the warranties or obligations of this pumhase order and shall not be deemed a waiver of any eight of the damage in brain, may be onnu d to you for credit and are not m be replaced except upon receipt of women purchaser to insist upon stria performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of fort Coll ire. of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any purooned oral mdifir ion ar rescission of bhis purchase order by the Puahow, operate az a waiver of any of the terms Impection. GOODS arc subject m the City of Fort Collins modoretion on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respoax to thrs oMe, can restdh in 12. ASSIGNMENTOF ANTIIRUSTCLAIMS. authorized paymrn, on the pan of the City of Pon Collins. However, it is m be understood that FINAL Seller and the Pvrehaze, owagnim thr in actual tt m pointer, o aarg ches resulting from -,,—I rfagood ACCEPTANCE is dependent upon mmplunum of all applicable strained ins,„re ion procedus. violations are in far, home by the Purchamr. Theretoforewax and as mt¢idention for executing this parches, order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments taus, be PA.Ii„ City of Fort Collins, ]oo Wood St., Pon Collins, CO 90522, unless acquired under helical or state antitrust Laws for such overcharges filming to the particular goods or services wheruix specified oa this order If permission is given to prepay freight and charge sepini the original freight purchased ar acquired by the Purchaser pursnan, to this purchase order. _ bill must accompany immice. Additional charges for packing will not be we vmcd, 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Guarantee. Wbyur manufacturers have distribring points in various pans of We country, shipment is Ifthe Pummuser directs the Seller o correct nonconforming or defective goods by adoit to be agreed upon by the expected form the nearest distribrion in, ro destination, and excess freight will be deducted from Invoice when Puahasa and the Seller, and the Seller thefix0er indicates its inability or unwillingness to comply, the Purchaser shipments are made from grrnmr distance. may cams, the work to Ix performed by the most expeditious means available to i, and the Seller shall pay all costs associated with such work, Permits. Seller shall procure al sellers sole cost all necessary pewits, certificates and licenses rryuird by all applicable laws, regulations, ordinances add rules of the soon, municipality, territory w political subdivision where the mark is performed, or required by any other duly constituted public aulhofiry having junsdiclion ova the work of vendor. Seller lumber agrees to held the City of port Collins Frame. from and against all liability and loss andtired by them by reams or an assured err established violation of any such laws, regulations, ordinances, roles rewrionenift, Ambar]morn. All panics In this cormch agree that ,hc mpresentnlives are, at fact, bons fide and possess and and complete aulbanty,, bind mid onf,, LIMITATION OF TERMS. This Pa,dmm larder expressly fins acceptance to the terms and conditions stated herein set forth and any supplcancntary or additional lams and conditions annexed hereto or incorporated herein by mferenm. Any additional or di0crent terns and conditions proposed by seller are r furred in and herby reject d. 2, DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately if you anw, make complete shipment to arrive on or Promised delivery Are as noted, Time is of the ..stave. Delivery and psaf err arm must be efortw] within the time stated on the purchase order and the documents attached hereto, No acts of the Poolroom; including, without limitation, acceptance of parial late deliveries, shill operate as a waiver of provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this oMer 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 out reasonably foreseeable which art beyond its reasonable control and without its fault of negligence. such acts ofGwE acts of civil or military anomalies, governmental priotities, fares, strikes, flood, epidemics, wars ar hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller firs received knowledge thereof, In the event of my such delay, the date of delivery shall be extendd for the plod eq.] at he time actually lost by reason of me delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials add work covered by this order will eonfem with applicable drawings, specification, samples andor other descriptions given, will be fit for the proposes broader, and Performed will the highest degree of care and competence in accordance with wxcptd stanJmods for work of a similar name. The Sella agrees to hold rise purchaser harness from any loss, damage or expeves, which the Pureadow may sale, or incur oa account of the Sellers breach of.,. The Seller shall replace, repair or make god, without cos to the pouldea , any defees or faults nosing within one (1) year or within such longer paid of time as nay be prambad by law or by the terms ofany applicable warranty provided by the Seller after the dam of acceptance of the Goods f rmlehd hereunder (acceptance not to be unreawnably delayed), resulting from ud,wfttr or defective work dune or mrenals fumishd by the Seller. Acceptance or use of goods by the Purchas, shall not constitute a waiver of my claim under this warranty. Except az 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 even, include loss of profits or loss of use. NO IMPLIED WARRANT Y OR MERCHANTABILITY OR Of FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal mews by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make airy changes to the terms, other than Icg:d terms, including additions in or deletions from the quantities originally ordered in the xp,,,ficaunn or drawings, by verbal o written ,Lange aide,. If any admh change affects tiny amount due or the lime of prof tarn¢, hereunder, an equitable adjustment shell be made. 6, TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement os ,o any or all portions of the goods then not shipped, subject to any equitable adjustment between the patties as to any work or materials then in ,mr,— provided dot me Purchaser, shall not be liable for any claims for anticipated pm6ir on the uacomplened portion of the goods amber work, for incidental or consequential damages, and that no such adjustment be made is favor .171h. Seller with respect to any 6und, which are the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller of any ofthcir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assened within thirty (30) days from the date the change or termination is wdwwJF S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered ad fumishd in stria compliance will, all applicable lases yad regulations to which he goods we wbi The Seller shall execute and deliver such dwumms as maybe requimt to eject or evidence compliance. All laws and repheivr:s required to be ncorporatd in a&cements of this ,human, am hereby incorporated berries by this reference, The Seller agrees to indemnify and hold me Parchaxr harmless from all costs and damages soffend by be Purchaser as a resin, of ehe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the pnor wrinen maim, ofhc .,he, pony. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchaer far all equipment, mownals, and items fumishd in performance of this agreement tree and New of nay and sll liens, rerni,ioms, neservavimns, .cry interest enmmboinc, and claims ofolhon. The Seller shall release the Purchaser and its contmnors of my tier from all liability and claims of any nature resulting from the performance of such 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 coidoyees of such party. The Seller's vernomWal obli,ainns, including war:mry, shall not be doomed to be reduced, in any way, because rush work is pert romol tar mtesed ,, be performed by the Purchaser. 14, PATEN IS, Whenever the Seller is ngni red m use any design, device, material or process covered by letem patent, trademark so copyright the Seller shall iedemavty and rave harmless the Purchaser from any and all claims for infringement by reason of the use of such patanted design, device, material w process in comedian with the contra,, and shall indemnify the Purchnx, for any vas, 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 cox said equipment, or any an thereof or the intended use of,hb Bards, is in such suit held to constitute Infringement and the use of said equipment or pan 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 pans, replace the same with substantially equal but monfnnging equipment, or modify it so it becomes noninthroging. I S. MSOLVENCY. If the Seller shall babomc insolvent or bankrupt, make an ussign mord for the benefit of creditors, appoint a rectiver otruste e se for any of the Sellers progeny or business, this order navy forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions cf corms used or the imer,muction ofthe agreement and the fights of all parties hmeander shall be wowed under and gonsmal by the lax, of the State of Colorado. USA. The fallowing Additiarml Canditio , apply only in taxes where the Seller is to pedoem work hereunder. including the services of Sellers Rep essmative(s), on the premises of others, 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own ask until the same is fully completed and accepted, and shall, in x of my accident, deswction or injury to the work and/or currents before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When mandds and equipment art famished by others for installation or erection by the Seller, the Seller shall receive, unlmd, store and handle same at the site and become responsible therefor as though such materials milker equipment ss,e 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 benefls, 1. its employees employed me or in connection with the work catered by this purchase order, worker to their dependents in acco,dmce with the laws of fie slate in which the work is to be drum The Seller shall also cart' conmurhcnsive general liability including, but not limited to, contractual and aummobile public liability msnrunee with briny injury and death limits of at least $300,000 for any one person, S500,000 fier may cciden and property damage limit per accident of $400,000. 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 nay work upon the promises of others, the Sella shall furnish the Purchaser with a cenifmat, that such compensation and insurance have been provided Such cenifi,ces shall specify ,he date when such ompensnim and insnrnnee have been provided Such certificates shall specify the date when such compensation and inmrance estate. I he Sclle, uyrtes thou such eompensmion wad inmrwnce shall be maintained until ono the entire work is completed and accepted. 19. PROTECTION AGAINST' ACCIDHrfTS AND DAMAGES. The Seiler hereby assumes the entire rtsponsibiliry and liability for any and all damage, loan or injury ofany kind or nature whatsoever to persons or property caused by or resulting tram the execution of the work provided form this purchase order or in connection herewith, The Seller will indemnify and hold haemins the Purchaser and any r all of the Purchasers o0ic,s, agens and employees from and residet any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or p rpe ,r to which the Purchaser may be, put or subject by reason of any oat action, neglm, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents of ymployms. In com any suit or other proceedings shall be bmvght against the Pi rehauq or its officers, agens or employees at any time on account or by reason of my act, anion, ne,drel, omission or default of the Seller of any of his convectors or any of its or their officers, agents or employms us aforesaid, the Seller hours, agrees in assume the defense Rumor and or defend the same at the Sellers own expense, to pay any and all casts, charges, aremeys fees and other exorcises. any and all judgmms that mayhe incurred by or obtained against the Purchase, or any of is or their officers, agents or employees in such suits or other proceedings, and in sax judgment or other lam be placed upon or obtained against the property of the Purchaser, or said panics is or as a result of such nuts or other pmcedings, the Seller will at once course the same to be dissolved and dischagd by giving bond or otherwise. The Seller and lib contractors shall take all safely precamiods, furnish ad instill all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without ]]aviation, the Occupwional Safety and Hezlth An of 1970 and ell of and regulations ]slued purwano thereto. Revised 032010 FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) TYPE OF PROCUREMENT Clause Professional Operations/ Rolling Stock Construction Materials & Services/A& E Management Purchase Supplies No Federal Government Obligation To Third Parties All All All All All (b Use of a Disclaimer False Statements or Claims All All All All All Civil and Criminal Fraud Access To Third Party ,✓ All All All All All Contract Records Changes to Federal All All All All All Requirements Termination All All All All All Civil Rights Title VI, EEO, ADA >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Disadvantaged Business All All All All All Enterprises DBEs Incorporation of (FTA) Terms All All All All All Suspension and Debarment >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$100,000 >$100,000 Resolution of Disputes, >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Breaches, or Other Litigation Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$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 Re uirements Development EnergyConservation 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 ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects Architecture ADA Access A & E All All All All Bus TestingAll Pre -Award And Post Delivery All Audits Title: CTC Membership Dues Date: December 21, 2012 CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an See attached I.C.E. dated independent cost estimate before receipt of 12/18/12. proposals. 10) Unnecessary Experience and Excessive Bonding Unnecessary experience and excessive No. bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or No. 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 arbitrary action is when award is made to No. other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that No. offerors must provide. When using a "brand name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 14) Geographic Preferences The solicitation contains no in -State or local No. geographic preference except where Federal statutes mandate or encourage them.