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HomeMy WebLinkAbout284919 ECONOLITE CONTROL PRODUCTS INC - PURCHASE ORDER - 9123964 (3)PURCHASE ORDER 912396er Page PO City Of 123964 ' of 14 6rthis number must appear Collins�7 on all invoices, packing slips and labels. Date: 07/11 /2012 Vendor: 284919 ECONOLITE CONTROL PRODUCTS INC 3360 E LA PALMA AVE ANAHEIM California 92806-2858 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 07/11/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Video Detection Equipment EECBG Grant 1 LOT LS 74,060.00 SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM - FORMULA GRANTS TABLE OF CONTENTS 1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 2 2. LOBBYING RESTRICTIONS 2 3. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS — SENSE OF CONGRESS 2 4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP 2 5. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS 3 6. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS 3 7. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) 4 8. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) 8 9. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) --SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) 11 10. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009) 15 1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. Q. OYIl-�aQ J� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO 123964r Page City,of 9123964 +o of 14 Flirt Collins This number must appear vr`(`�)•�' ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Definitions. As used in this award term and condition -- Designated country - (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or (3) A United Slates -European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. Designated country iron, steel, and/or manufactured goods - (1) Is wholly the growth, product, or manufacture of a designated country; or (2) In the case of a manufactured good that consist in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. Domestic iron, steel, and/or manufactured good - (1) Is wholly the growth, product, or manufacture of the United States; or (2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States. Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic or designated country iron, steel, and/or manufactured good. Manufactured good means a good brought to the construction site for incorporation into the building or work that has been-- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the 9_0_� c�. 0v69-ems City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 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 12396 PURCHASE ORDER PO 9er Page City Of 123964 11 of to Flirt Collins oll I n C This number must appear /_^!'��—,/`' ` ` J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price individual raw materials. Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi -State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. 031510 Not Specified/Other 16 Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements- b. Iron, steel, and manufactured goods. (1) The award term and condition described in this section implements-- (i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000 or more. (2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4) of this section. (3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured goods listed by the Federal Government as follows: None [Award official to list applicable excepted materials or indicate "none") (4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this section if the Federal Government determines that-- (i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. l9u-_�Q Q. OAA:� 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, Fon Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9123964 112cf14 Flirt Collins his number must appear //vvr�(`)•� It t` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(4) of this section shall include adequate information for Federal Government evaluation of the request, including — (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(4) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods.. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act. d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the applicant shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison -108 Description Unit of Measure Quantity Cost (dollars)' -108 Item 1: -108 Foreign steel, iron, or manufactured good -108 Domestic steel, iron, or manufactured good -108 Item 2: 108 Foreign steel iron or manufactured good 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_corn Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City. Of 9123964 13 or 14 `t Collins This number must appear ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price -108 Domestic steel, iron, or manufactured good List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. 'Include all delivery costs to the construction site. 10. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009) a. To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act) as required by Congress and in accordance with 2 CFR 21521 "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A-102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A--102 is available at hftp://www.whitehouse.gov/omb/circulars/al02/alO2.html b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A--133, "Audits of States, Local Governments, and Non -Profit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF --SAC) required by OMB Circular A--133. OMB Circular A--133 is available at http://www.whitehouse.gov/omb/circulars/al33/a133.html. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF —SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF --SAC. c. Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. d. Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to property monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. 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, For[ Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 14 of 14 1. CONNIERCIALDETAH-S. Tax exemptions By statue the City of Port Collins is exempt from state and local uses. Our Exemption Number is 11. NONWAIVFR. 98-04502. Federal Excise Tan Exemption Cmificmr of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict peffuntranec of the Ierms and conditions brreof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statute, 1973, Chapmr 39.26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the nest of a breach, the acceptance of or payment for goods hereunder or approval or the design, shall not release the Seiler of Gnarls Rejected. GOODS REJECTED due to fail.:, to meet sped ficaiions, either when shipped or due to defects of any of the wwmamics or obligations of this purchase order and shall rat be deemed a waiver of my right of the damage in mtnsil, my be returned to you for credit and arc rot to be replaced rcept ups receipt of el iuea purchaser to insist upon strict performance hemofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, tmcived or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modi ficatien or rescission of this purchase order by the Purchaser operate m n waiver of any of the terms Inspection. GOODS are subject to the City of Fors Collins inspection on artivd. hereof. Final Acceptance. Receipt of the encrehandise, smica or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITR UST C LA [MS, authorized payment on the pan of the City of Four Collins. However, it 6 w be understood that FINAL Seller aad the Purelymer recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teas. Shipments most be F.O.B., City of Fort Collins. 700 Wood SL. Fan Collins, CO 80522, unless asquired under federal or sure antimut laws for such overcharge, relating to the particular goods or services otherwise specified an this coder. If permission is given re prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pursuant to this parch ate order. bill most accompany invoice. Additional charges Cot packing will not be occupied. 11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distawr. When manufacturers have distributing prints in various pare of the country, shipment is If the Purchaser directs the Seller to correct nonnmfurming car defective goods by a date to be armM upon by the expected Emery the nearest distribution point to destination, and excess freight will be deducted from L %nice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply, the Purchaser shipments ore made from greater distance. may cause the work to be performed by the most expeditireas meal available to it, and the Sultry shall pay all costs associated with such work. Permits. Seller shall Pa.. al sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the suite, municipality, territory or political suldivisien where the work is performed, or required by any other duly canstirmcd public authority having jurisdiction over the work of .'calm. Seiler further agrees to hold the City of Fan Collins harmless fmm and against nil liability and loss incurred by ahem by reason arm assumed or nlablishcd violation of any such laws, regulations, ordinances, rates and requir,mcnts. Amhoriention. All panin to this summary name that the represenutiva are, in fact. bona fink and possess full and complete outls city to bind said parties. LIMITATION OF TERMS, This Purchase Oiler expressly limits arapu ncc to the mars and conditions stated herein set ready and my supplementay of additional corms anal conditions anrextal hereto or incurpomled herein by reference. Any additional or dilfermt it. and canditions proposed by seller as objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immrdiat h, if you euuat make complete shipmut m mrive un your promised delivery date as acted. Time is of it. esterter. Delivery and perfoanaaae most be elTered within the time stated on the pumhase order mid the documents ortached hereto. No acts of the Purchasers including, without limitation, acceptance of pmial late deliveries, shall operate as a waiverofthis provision. In the crcnt orally delay, the Purchaser shall lure, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall cam be liable for damage, as a result of delays due to mush nor reasonably foresmable which art bcy a d its reasonable control and without its fault of negliguee, such acts oFGceL acts of rivil or military authorities, govemmcntal priorities, fires, snakes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given a the Purchaser within live (5) days of the time when the Seller first received knowledge thereof. In the event army such relay, the date of delivery shall be retorted period equal Io the time aceudly lost by reason ofthe delay. 7. WARRANTY. The Seller warrant, that all goods, articles. materials and work covered by this order will aonfomu with applicable drawings, specification, samples ad'. other descriptions Bi,eo, will be fit Co, the purposes intended, and performed with the highest d_-spree of care and compnrrrce in accordance with accepted sandardt for work of a similar nature. The Seller agrees to hold the purchaser harmless from my Ins. damage or expense which the Purchaser may suffer or incur on occoune of the Sellers breach ofwarranty. The Seller shall replace, repair or make good, without cast to the Purchaser, my defects or faults arising within am (1) year of within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be a nsearmbly delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of garish, by the Purchaser shall not constitue a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warum in or guarantees. but such liability shall in no nut include loss of profits of loss of use SO INIPLI EV WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TER.AIS. The Pucharser may make clangs to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nary make mY changes to the temp, other thin Imal amn, including additions a or deletions from the gomtiria originally ordered in the specification or drawings, by verbal or wrium change order. If may such change aifecn the amount due of the time of,cfarmance lurourder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change Order, terminate this agmement at to any or all ponions of the goods then nor shipped, subject, to any equitable adjustarem bumven the pain as Io any work or materials then in pmgnns provided that the Put -,hater shall nor be liable for any claims for anticipated Profits on the uncompleted portion of de goods ampor work, fur incidental or utqucnrum l damage, and that m such odjnnmen, bs node in favor of she Seller with asa respect aco any good which it the Sellers sundsd stock. No such emsitatim dull relieve die Purchaser or tee Seller of any of their obligation m to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must be assured within thirty (30) days from the date the change or termination is ordered. B. COMPLIANCE WITH LAW. The Sella warts¢ that all goods sold hereunder shall have been prealucc 1, sold, delivered and Ibmistied in strict compliance with all applicable Laws and agulation to which the goods are subjest. The Seller shall execute and deliver such documents as may be, squired to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character use Nearby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all corm and damages suffered by the Purchaser as a result of the Sellers fa J= m comply will such Law. 9. ASSIGNMENT. Neither pang shall assign, eanfer. or carvey this order, or any monies the or to become due hereunder withoul the Prior writtm cans,., of the adre, Party. 10. TITLE. The Seller wanomis fall, dear and unrestricted title to the Purchaser for all equipment, makliab, and in. famished in performance of this agreement. free and clear of my and all lien, resahcion, reservations, security interest encumbrnces and claims ofothem T'he Seller shall mien, the Parchasur and its contractors of my tier From ill liability and claims of any natue resulting from the performance ofsuch wad. This release shall apply even in the event of fault of negligence of the party rolenad and shall extend to the dir"Ims, officers and empiuyecs of such party. The Sellers contmetunl obligations, including %mainly, shall not be deemed to be reduced, in my way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or prtscess covered by truer, Pamm. nadcmd' or copyright, the Seller shall indemnify and save harmless the Purchaser from any and Olt claims fro infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast. expense or damage which it tray be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any Pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. al its own expense aad al its option, either procure Car the Purchaser the right to continue using said equipment or pans, replace the same with subsmntially equal but noninfringing equipment, or modify it so it become mninfiinging. 15. INSOLVENCY. If the Seller shall became insolvent or banktupl, make an assignment for the bcncft of creditors, appoint a receiver, or Vastec far any of tire Sellers property or business, this aide, may forthwith be canceled by the Purchaser without liabiliy. 16. GOVERNING LAW. The defimayum ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be constroed under and governed by the laws of the State of Colurdo, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the service, of 5cllcrs Representztk e(s), on the recourses ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own ,irk aril the same u fully completed and accepted, and shall, in caw of my accident. destruction or injury to the work ond'or material., before Seller's final completion and ocrepmrce, complete the work at Sellers own "penis and to the satisfaction of the Purchaser, when materials and equipment arc famished by others for inotallation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18, INSURANCE. The Seller shall, at his own expent, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed oa or in connection wish the work covered by .his purchase order, amVor to their dependents in accordance with the lass of the aura in which the work is to be dune. The Sutler shall also carry compaelsersive genes I liability including. bur not limited a, communist and amumobile public liability insurance with bodily injury Oral death limits of of least $300,0o0 fur my at person. S500,000 for any one accident and pmpmy damage limit per accident of S400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and assurance. Before any of the Sella or his contractors en,ksyces shall du any work upon the Prcmun ofmhca, the Seller shall I'umish the Purchaser wilh a aemiricate that such compensation and insurance have been provided. Such certificate, shall specify she time when such compensation and insurance have been provided. Such certifcaln shall specify the dam whm such vompma:ian and insurance expires. The Seller agrees that such compensation and imur ncc shall be maintained until uller the enure work is completed and curpted. 19. PROTECTION AGAINST" ACCIDENTS AND DAMAGES. The Se11a hereby assume the moire rnpomibility and liability for my and all damage, loss or injury of my kind ar ayamewh.,y antr m Pers.ns or Pnipemy caused by or mulling from the exemlion of the work provided for in this purchase order or in connection Ierew'iih. The Seller will indemnify and hold homda, the Purchaser and any or all of the Purchasers officers, agents and employe" from and against my and all claims, losses. d ays'n, charges or expenses, whether dime or indimer, and whether to persons or property to which the Purchaser may be put or subject by flaxen of any Oct, option, neglects omission or default on the put of the Seller, any of his contractors, or uny of the Sellers or contractors oflicets, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, m its officers, agents or employees in my time an account or . by reason of any act. action, neglect emission or defzch of the Seller of my of his contractors or am of its or their officers, agents or employees as aforesaid the Seller hereby agree, to assure the defense thrreaf and In de eel the same at the Sellers awn expense. to pay any and all until. charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or am! of its or their officers. agents or employees in such suits or Other proceedings. mill in cue judgment or other lien be placed upon or obuired againn the property of the Purchaser, or said is mia in or as a fault of such suits in other proceedings. the Seller will at once come the same to be dissolved and discharged by giving bond or otherwisc. The Seller and his cantrcwn shall take ail safety prnvutions, Finnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the, Occupmiorul Safety end Heahh Act of 1970 and all roles and regulations issued pursuant thereto. Revised 0312010 Whitcomb & Prospect north/south Taft Hill & Mulberry east/west Shields & Elizabeth east/west Loomis & Laurel north/south Whedbee & Mulberry north/south Remington & Prospect north/south College & Laurel east/west Camera Bracket TAP TIP Panel Harness Wire $ 3,800.00 $ 60.00 $1,850.00 $ 955.00 $ 155.00 $ 20.00 S 0.15 2 2 1 1 1 1 $ 10,580.00 400 2 2 1 1 1 1 S 10,580.00 400 2 2 1 1 1 1 $ 10,580.00 400 2 2 1 1 1 1 $ 10,580.00 400 2 2 1 1 1 1 $ 10,580.00 400 2 2 1 1 1 1 $ 10,580.00 400 2 2 1 1 1 1 $ 10,580.00 400 $ 74,060.00 Excluded Parties List System Page I of I Search - Current Exclusions I Vol Q Resources > Advanced Search > Multiple Names > Exact Name and SSN/TIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocuremenl Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login Search Results for Parties Excluded by Firm, Entity, or Vessel : Econolite State: COLORADO Country : UNITED STATES As of 11 Jul-2012 2:20 PM EDT Save to MyEPLS Your search returned no results. Back New Search Printer -Friendly > Search Help >Advanced Search Tips > Public User's Manual >FAQ > Acronyms > Privacy AU Provisions > News System for Award Management > (SAM) Reports > Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions >Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https:Hwmryv.epls.gov/epis/search.do 7/11/2012 PURCHASE ORDER PO Number Page City Of 9123964 2 of is Fo_rt Collins ohis numberappear n all invoiceses,, pa packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 2. LOBBYING RESTRICTIONS By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. 3. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this award should be American -made. 4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii) your consent to the institution of an involuntary case under the Bankruptcy Act against you or your parent; (iii) the filing of any similar proceeding for or against you or your parent, or its consent to, the dissolution, winding -up or readjustment of your debts, appointment of a receiver, conservator, trustee, or other officer with similar powers over you, under any other applicable slate or federal law; or (iv) your insolvency due to your inability to pay your debts generally as they become due. b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of an event referenced in paragraph a; (ii) provide the facts surrounding that event; and (iii) provide the impact such event will have on the project being funded by this award. c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right to conduct a review of your award to determine your compliance with the required elements of the award (including such items as cost share, progress towards technical project objectives, and submission of required reports). If the DOE review determines that there are significant deficiencies or concerns with your performance under the award, DOE reserves the right to impose additional requirements, as needed, including (i) change your payment method; or (ii) institute payment controls. d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of this financial assistance award by the Contracting Officer. 5. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS You are restricted from taking any action using Federal funds, which would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA clearance or a final NEPA decision regarding this project. Prohibited actions include: 1) Replacement of boilers in two municipal buildings (300 LaPorte Ave. and the Fort Collins Museum Building) and 2) Automated electrical load management controls in one municipal building (the Downtown Transit Center). These actions are not to be undertaken until Fort Collins provides a letter of approval from the Colorado State Historical Preservation Officer. This restriction does not preclude you from: the following actions that are listed in the Activity Sheets in Attachment 2 of the grant: 1) Automated electrical load management controls in three municipal buildings (281 N College Transfort Operations Center, & the Fort Collins Senior Center), 2) energy conservation education and City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221.6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page CI�/ Of9123964 3014 F6r} Con all invoices, pa appear //_',�'`�—J`-, ` Collinsr'J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price public relations campaign, 3) demonstration projects --Earth Tube in -vessel composting of restaurant and landscape wastes and solar powered compacting trash receptacles, 4) installation of innovative computer hardware and software, 5) install 1.25 miles of sidewalk/bike lanes on Mountain Avenue from Meldrum to Riverside, 6) pilot test of —bike Box11 at the Plum and Shield Streets intersection, 7) extend Lincoln Street pedestrian path one-half mile where it borders the Buckingham Neighborhood, 8) adopt and implement comprehensive green building codes for construction and major renovation of residential and commercial buildings, 9)provide technical assistance to commercial building owners to implement energy efficiency and conservation projects, 10) provide incentives for installation of solar thermal hot water heaters, 11) obtain technical assistance for tracking and progress reporting of greenhouse gas emissions mandated by the Fort Collins adopted Climate Action Plan, and 12) installation of a 25kW photovoltaic system on one municipal building. HISTORIC PRESERVATION CLAUSE APPLIES (See Section 31) If this award includes construction activities, you must submit an environmental evaluation reportlevaluation notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA process. 6. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any obligation to the recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the recipient's facilities, or (ii) any costs which may be incurred by the recipient in connection with the D&D of any of its facilities due to the performance of the work under this Agreement, whether said work was performed prior to or subsequent to the effective date of this Agreement. 7. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) Preamble The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job creation and economic benefit. The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below. Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page CI�/ Of 9123964 a of to Fbi r} Col tins This number must appear _' ` ��—J`` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price records for Recovery Act funds and to ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as they become available. The Recipient must comply with all requirements of the Act. If the recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. Definitions For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015. Non -Federal employer means any employer with respect to covered funds - the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government. Recipient means any entity that receives Recovery Act funds directly from the Federal government (including Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds. Special Provisions A. Flow Down Requirement Recipients must include these special terms and conditions in any subaward. B. Segregation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. Prohibition on Use of Funds None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. C. Access to Records 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 ll, CPPO City of Fort Collins Accounting Department City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 PO Box 580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page C117/tOf 9123964 5 or 14 `t Collins his number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized - (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions relation to, the subcontract, subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. D. Publication An application may contain technical data and other data, including trade secrets and/or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data The data contained in pages --- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government' s right to use or disclose data obtained without restriction from any source, including the applicant. Information about this agreement will be published on the Internet and linked to the website www.recovery.gov , maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case -by -case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code. E. Protecting State and Local Government and Contractor Whistleblowers The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An employee of any non -Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee' s duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct, a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: gross management of an agency contract or grant relating to covered funds; -a gross waste of covered funds a substantial and specific danger to public health or safety related to the implementation or use of covered Rct`� 1 J . 0 ilR.�4-'C City of Fort Collins Director of Purchasing and Risk Management Invoice Address: This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9123964 6 of 14 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price funds; -an abuse of authority related to the implementation or use of covered funds; or -as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant,.awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non -Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: Order the employer to take affirmative action to abate the reprisal. Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction. Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, form, or condition of employment, including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). F. Request for Reimbursement Reserved G. False Claims Act Recipient and sub -recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct involving those funds- H. Information in supporting of Recovery Act Reporting Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the request of the Contracting Officer or designee. Rm� c3. o'rL:9-eel 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 PO PURCHASE ORDER 912396er Page City, Of23964 7 of 14 `ppear Fort Collins[ n all invoices, pacst king V ` �7 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended . Ordered Price I. Availability of Funds Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs until September 30, 2015. J. Additional Funding Distribution and Assurance of Appropriate Use of Funds Applicable if award is to a State Government or an Agency Certification by Governor -- Not later than April 3, 2009, for funds provided to any State or agency thereof by the American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote economic growth. Acceptance by State Legislature — If funds provided to any State in any division of the Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. Distribution - After adoption of a State legislature' s concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public -private entities within the State either by formula or at the State' s discretion. K. Certifications With respect to funds made available to State or local governments for infrastructure investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted. 8. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS — SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK AND THE TOTAL PROJECT VALUE IS ESTIMATED LESS THAN $7,443,000. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Definitions. As used in this award term and condition-- (1) Manufactured good means a good brought to the construction site for incorporation into the building or work that has been- (i) Processed into a specific form and shape; or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2) Public building and public work means a public building of and a public work of a governmental entity (the City of Fort Collins Director of Purchasing and Risk Management Invoice Address: 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 PURCHASE ORDER PO er Page City Of PURCHASE 8 of 14 Collins This number must appear Fort ` (—J`'' ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi -State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. b. Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: None [Award official to list applicable excepted materials or indicate "none") (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that— (i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. c. Request for determination of inapplicability of Section 1605 of the Recovery Act . (1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include adequate information for Federal Government valuation of the request, including - (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron steel and/or manufactured goods material shall include all delivery costs to the construction City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page Clty, Of 9123964 9 of 14 } Colt I ns number must appear 1 1 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison -108 Description Unit of Measure Quantity Cost (dollars)` -108 Item 1: -108 Foreign steel, iron, or manufactured good -108 Domestic steel, iron, or manufactured good -108 Item 2: -108 Foreign steel, iron, or manufactured good -108 Domestic steel, iron, or manufactured good List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. 'Include all delivery costs to the construction site. 9. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) --SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK WITH A TOTAL PROJECT VALUE OVER $7,443,000 THAT INVOLVES IRON, STEEL, AND/OR MANUFACTURED GOODS RCL� C3. 0i1A:sQe_ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580