HomeMy WebLinkAbout105596 COLORADO ASSOCIATION OF TRANSIT AGENCIES - PURCHASE ORDER - 9131063City of
art Collins
Date: 02/25/2013
Vendor: 105596
COLORADO ASSOCIATION OF
TRANSIT AGENCIES
110 16TH ST SUITE 604
DENVER Colorado 80202
PURCHASE ORDER
PO Number Page
9131063 1 of 7
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: 02/22/2013 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2013 CASTA Dues 1 LOT LS 6,812.50
Colo. Assn. of TransitAgencies
Per Invoice# m279, 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 (NON PROCUREMENT)
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.
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
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 dated 02/19/13
market price of a commercial product sold in
and Invoice 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 02/25/13.
EPS run and include in the file.
Independent Cost Estimate
Date of Estimate: VV2013
Contract Type:
EzisuN Contract or PO (YIN} N
Description of Goods (A) or Services (B): 2013 CASTA Membership Dues
1 have obtained tha following aatimate from;
Published Prix Ust / Past Pricing (data) 12/2MOl l
Engineering or Techhcal Estlmale (performed by)
IndepemfwtTh Party Estunata(performed by)
Other(spedfly)
Cost Estimate Deblls
(154mate calculatedln US DOOars)
B Estimate is based on estimated Operating exxnses for 2012
S:1TMr,sfc,fAdMNlEinanctal Coordbt r-KerMurchast,-Gene2110E-2013 CASTA Oue ds$heetl 2IR=13
Memorandum
DATE: February 19, 2013
TO: David Carey
FROM: Karl Gannon
Transfort / Dial -A -Ride
6570 Fortner Road
Fort Collins, CO 80522
970.221.6620
970,221.6285 - fax
fcgov.com
SUBJECT: 2013 CASTA Membership Dues —Justification of Cost & Sole Source
The 2013 membership dues for the Colorado Association of Transit Agencies (CASTA) are
based on a pre-set formula that is determined by CASTA. The formula calls for a transit
agency's prior year operating expenses to be multiplied by a factor of .00077. Over the last three
years, this factor has remained static for Fort Collins and any variance in annual membership
dues has been attributed to the variance in Transfort's annual expenses. I find the amount of
$6,812.50 to be a reasonable and justifiable expense for 2013 based on the 2012 expense activity
for Transfort.
Please contact me with any questions.
Thanks,
Karl
Karl Gannon
City of Fort Collins
Transfort / Dial A Ride
(970)416-2087
CASTA
110 16th Street, Suite 604
Denver, CO 80202
USA
Voice: 303$39-5197
Fax: 303-832-3053
City of Fort Collins/TransFort
250 N. Mason
FORT COLLINS, CO 80525
114VOICE
Invoice Number. m279
Invoice Date: Dec 18, 2012
Page: 1
Duplicate
City of Fort Collins[TransFort
250 N. Mason
FORT COLLINS, CO 80525
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NEWRIM.Description MWPMMce
ount.
2013 CASTA Membership Dues
6,812.50
JA(C : 2�l0�oo�3t,S442t
R24o2
13 >
"2-a+'-:5 GAS I(A �v `
Subtotal
6,812.50
Sales Tax
Total Invoice Amount
6,812.50
Check/Credit Memo No:
Payment/Credit Applied
60A, ,50
System for Award Management
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Fort Collins
PURCHASE ORDER
PO Number Page
9131063 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
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
9131063 3 of 7
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,
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
\ Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
City of
F00'v rt Collins
PURCHASE ORDER
PO Number Page
9131063 a 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)).
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
9131063 5 of 7
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 (NON PROCUREMENT)
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
Policv 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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9131063 6 of 7
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 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
Total
Invoice Address:
$6,812.50
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tennis and Conditions
Page 7 of 7
1. COb1MERCIAL DETAILS.
Tax exemptions. By statute the Ciry of port Collins is exempt tom state and local taxes. Our Exemption Number is II. NONWAI VER.
98-04502. Forced Fxcise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the meal and condition hereof. failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Sol 1973, Chapter 39-26.114 (a), e.xareim any right or remedies provided herein or by law, failure to promp0y notify the Seller in the event of a
breach, the acceptance afar payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due w ill lore m meet specifications, either when shipped or due to defect of any of the wannmies or obligations of this purchase order and shall not be deemed a waiver of any night of the
don 1, is millo, mug be returned to you for credit and are not to be replaced except upon receipt of wrinen purchase, to awis, upon strict perfunnance herml-ar nary of its rights or remedies as many such goods, regardless
instant from The City of Pan Collins_ of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pur,oned
oral modification or rescission of this pumbase order by the Purchaser opeem az a waiver of any of the terms
Inspection. GOODS art subject o the City of Fan Colima inspection on amval. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in reapunse to this order can result in 12. ASSIGNMENT OF ANTfTRUST CLAIMS.
authorized payment on the an of the City of port Collins. However, it is in be undersluod that FINAL Seller and the Purchaser recognize that in actual a is practice, overcharges resulting from omimust
p ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in Joel home by the Purchaser. Therelofim, for good cane and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Fina,hl Terms. Shipments most be F O.B., City of Fort Collins, This Wood Sr, I'oo Collins, CO 80522, unless acquired under federal or state antitrust laws for such merchages relating to the particular goods or services
Otherwise specified on this order. If permission is given to preWy freight and charge seprai the Original freight purchased or acquired by the Purchaser pursuam to this purchase order.
bill most accompany invoice, Additional charges for packing will not be accepted.
Shipment Ducine, Where manufacturers have distributing points in various tern of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when
shipment arc made from greater distance.
Permit. Seller shall procure a, sellers sole cost all necessay permit, riifican and licenses marmanl by all
applicable laws, regulations, ordinances and rates of the stain, immorality, terimry or political subdivision where
the work is performed, or required by any other duly constituted public authority luwlogjunidiction over the work
of vendor Seller further agwes der bold the City of Fun Collins fronts. from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates
and aryuirement.
Authorization. All parriu 10 this contract agree that the representatives are, in fact, bona fide and Possess full and
omplum nuthon, ro bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acc,dunce to the trans and conditions acted
herein set fool and tiny supplementary or additional to. and conditions annexed here,. or incorporated herein by
reference. Any additional or diflbrean terms and conditions proposed by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment as arve oa your
promised delivery dam as muM. Time is of the essence. Delivery and perfommmce must be effected within the time
stated on foe purchase order and ,he docunmms attncla d hereto. No acts ref the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. ❑t the event crony delay,
the Purchuer shall have, in addition to other legal and albitable remedies, the option of,l.cin, this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result Of delays
due to causes not reasonably foreseeable which are beyond its rensomable comml and without its Each of negligence,
such acts fCad, ON curried or military authorities, governmental priories, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Pnrduser within live (5) days of the
time when the Seller first received knowledge thereof, In the event ofany such delay, the date ofddivery shall be
extended for (Imperial equal m the time acmally loll by reason of The delay.
3. WARRANTY.
The Seller warmms that all goods, ankles, matmials and work covered by has order will conform with applicable
drawings, specification, samples and/or ,her dumptimm given, will he fit for the plopcors intended, and
performed with the highest degree of care and mmpcteace in accordance with accepted standards for work of a
similar mount. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the
Porringer may suffer or incur on acmant of the Sellers breach of wnrmob, The Seller shall replace, mpg or make
good, without caste the purchaser, any defect or fault arising within one (1) year or within such longer period of
,ire as cony be prescribed by law or by the mum of any applicable ..my provided by the Seller after the der a or
ece,o nce of fl a goods famished hereunder beempcnce not ,, be unreasonably delayed), resulting fmm imperfect
or defective work done or inmerials furnished by the Seller. Acceptance or use Of goods by the Purchaser shall not
ontimm a waiver of any claim under fix warranty. Except as otherwise pmvided in this purchase uMe,, the Sellers
liability hereunder shall extend to all damages proximately caused by file breach of any of no foregoing wacemies
or guarantees, but such liability shall in no event include loss of profs or loss of sex, NO IMPLIED WARRANTY
OR NIERC14AWABILII OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LED AL'r TTICE .
The Purchaser may make changes m legal terns by when change eider.
5. CHANGES IN COMMERCIAL TERMS.
The Purchuer may make any changes m the terms, one, than legal teems, including additions to or delelians fmm
the quamitia originally ordered in the specificmkn or dewing,, by verbal or written change order. If any such
change affects We ....,,Joe,,, the time of performance, farmlands, an equlmble adj ournew shall be mode.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portion of the
goods rhea nor shipped, subject to any yofabl, adjntmem between the ponies ns to any work or mamda8 then in
progress provided that the Purchaer shall no be liable for any comes for whiciPaed profits on the uncomplan!
,onion of the goods and/or work, for incidental or mnsequemial damages, and that no such adjustment be made in
favor film malls with respect 1. any goads which arc the Seller anmdnrd stock. No such land oram. shall relieve
the Purchaser or the Seller of tiny ref their obligation as to any goods delivered hereunder
7. CLAIMS FOR ADJUSTMENT'.
Any claim for ndjntment must be awned within thim (30) days fmm the dam the change or mnninchas is
warred.
8. COMPLIANCE WIT I I LAW,
The Seller warned, that all goods sold hereunder shall have been produced, sold, delivered and famished in stria
compliance with all applicable laws and regulation he which the goods me subject. The Seller shall execute and
deliver such ducuanent as may he required to effect or evidence compliance. All laws and regulations required to IS,
corpommd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees a
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a .,.if of the
Sellers laiham to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, Vansfen or convey this order, or any monies due or to become due hereunder whiou, ore
poor woven co col ofthe other parry.
10. TITLE.
The Seller war m..is fll, clear and unrestricted title to the Purchaser for all equip bent, materials, and item furnished
in Performance of this ageement, free and clew of any and all liens, restriction, reservations, security interest
umbrames and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller lie correct nonconfanning Or defective goods by a (lulu to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work To be Performed by the most expeditious ream available or if, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and it contractors of any 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 negli,.c, Of be party offered and shall extend to the
directors, officers and employes, Of such pony.
The Seller's onagr a ll obligations, including waranry, shall net be deemed to he reduced, in any way, because
such work is pvrfommed or caused to be performed by the Purchaser.
14. PATENTS,
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, ,edemed,
of copyright, the Seller shall indemnify and save harmless the Purelemer from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify, he Purchuer for any cos. expense or damage which it may be obliged rU pay by mown of such
infringement at tiny time during the prosecu0on or alter the completion afthe work. In case said equipment, or
any pen thereof or the intended use of the goods, is in such suit held to constitute infringement and tall use of
said equipment or an is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right I. cominue using load equipment or pans, arylacr the warm with substantially equal but
nonlnGnging Nnipmem, or modify it set it becemu malady aging.
15. INSOLVENCY.
If ❑m Seller shall become uealvenf or bankrapl, mike an ad,ro ram far the belief!, Of creditors, appoint e
receiver err trustee for any or the Sellers property or business, this order may f nhwi0 be canceled by the
Purchaser without limbilcy.
16. GOVERNING LAW.
The definitions of terms used or the interpretation F,he agreement and the rights of all panics haeander shall be
construed under and Invented by the laws of the Sun, Of Colorado, USA.
The following Additional Condition apply only in where the Seller is to perform work hereunder,
including the services of Sellers Representatives), on thecases
premises archers.
The Seller shall early on said work or Sellers own risk until the carte is fully completed and accepted, and shall,
e of any accident, demrun m, or injury to the work andar mumrivle before Sel lea's final rsmork,a n oad
acceptance, complete the work at Seller's own valance, and to the satisfaction of the Purchaser. When materials
and clapmen, are famished by orders for installation or erection by the Seller, file Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such mmarials and/or equipment
were bring famished by the Seller under the order.
I8. INSURANCE.
The Seller shall, a, his own ex,enx, provide for the payment of workers compensation, including occupational
disease benefib, m i,, employees employed on or in connection with the work covered by this purchase meet,
and/or m their dependent in accordance with the laws of the state in which file work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, commuchol and automobile public
liability insurance with bodily injury and death limits of at lead 5300, W0 for any one person, S500,0(q for any
maccident and property do r lima, Per accident of $400,000. The Seller shell likewise r,arm his
onlracers, ifany, to provide for curb compatmion and insurance. Roche airy of the Sellers or his auras rs
employees shall do any w'ud upon the premises of others, the Seller shall famish the Purchuer with a madicate
that such compensation and intuence have been provided. Such calificotes shall specify the date when such
ompermxtion and insurance have been pmvided. Such cenificares shall specify the date when such compensation
and inuranm expires. The Seller agrees tha such compensation land in,wance shall be, maintained until offer the
entire .as is completed and accepted.
19. PROTECTION AGAINST' ACCIDENTS AND DAMAGES.
The Seller hereby u es the emile responsibility and liability bar any and all damage, loss or injury army kind
or wore a however to persons or property caused by or resulting from the execution office work provided for m
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all Of the Purchaofficers, agents and employees from and against any and all claims, losses, damages,
csrs
harges or cxpar es, whether direct or induce,, and whether to persons or property to which the Purchaser may
be pm or subject by reason or any act, action, neglect, omission m dufaub on The pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceeding} shall be brought against the Purchaser, or its officers, agent or employees at any time on account or
by wawa of any of action, act omission or &feel, of the Seller of any of his comeeaors or any of it W
their officers, agent or employees as aforesaid, the Seller hereby agrees to alum, the defense thereof and to
defend the same.1 he Sellers own expense, to pay any and all cons, charges, attorneys fees and other expenses,
any and all judgmemn that may be incurred by at ubcined against the Purchna or any Of its ar Their officers,
agents or employees in such suit or other proceedings, and in case judgment or Other lien be placed upon or
Obtained againt the property of the sampan, or said parties in or as a result crouch snit or other proceedings,
fire Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and intall all mad, neeasvry for file prevention of
accident, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant Thereto.
Revised 03Y 010
Title: CASTA Membership Dues
Date: February 25,2013
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
01 /01 /13.
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.
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. # 9131063 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
1. Colorado Assn. of Transit
Infeasible
Agencies (CASTA) is
The contract file contains documentation that
Colorado's statewide trade
award of a contract was infeasible under
association for transit
small purchase procedures, sealed bids, or
providers, vendors,
competitive proposals and at least one
of the following circumstances applies:
government agencies and
(1) The item was available only from a single
other interested
source. (Verify prices are no higher than price
organizations.
for such item by likely customers.)
The Colorado Transit
(2) Public exigency for the requirement did
Coalition (CTC), a
not permit a delay resulting from a
competitive solicitation.
voluntary sub -set of
(3) An emergency for the requirement did not
CASTA members,
permit a delay resulting from a competitive
pursues federal
solicitation.
(4) The FT A authorized noncompetitive
discretionary funding
negotiations.
through the Bus and Bus
(5) Competition was determined inadequate
Facility program.
after solicitation of a number of sources.