HomeMy WebLinkAbout497384 TRANSIT SOLUTIONS - PURCHASE ORDER - 9141467Fort Collins
Date: 03/10/2014
PURCHASE ORDER
Vendor: 497384
TRANSIT SOLUTIONS
114 W GRANDVIEW AVE SUITE 1
ZELIENOPLE PA 16063
PO Number Page
9141467 1of9
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 03/10/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 MVSS Equipment 1 LOT LS
For Additional Vehicle cameras
17,450.00
In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal
clauses apply to this purchase order.
1.NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to
that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify
the subcontractor who will be subject to its provisions.
2.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part
31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986
on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
9141467 2of9
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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 Contractors records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)l, 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.
Requirements for Access to Records and Reports by Types of Contract
Contract CharacteristicsOperational Service ContractTurnkeyConstructionArchitectural Engineering<shading
="10%">Acquisition of Rolling StockProfessional Services
I State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects None .
None unlessl non-competitive award Those imposed on state pass thru to Contractor None Yes, if non-
competitive award or if funded thru2 5307/5309/5311 None None unless non-competitive award None
None unless non-competitive award None None unless non-competitive award
II Non State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects
Yes3 Yes3 Those imposed on non -state Grantee pass thru to Contractor Yes Yes Yes Yes Yes Yes
Yes Yes
Sources of Authority: 149 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (1)
4.FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Master Agreement between
Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract.
Contractors failure to so comply shall constitute a material breach of this contract.
57ERMINATION
A.Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in
partat any time by written notice to the Contractor when it is in the Government's best interest. The Contractor
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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 914146er Page
C117/ Of 9141467 3 of 9
' `t Collins
I Ind+ This number must appear
V " �7 on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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 (Recipient) to be paid the Contractor. If
the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the
same, and dispose of it in the manner the (Recipient) directs.
B.Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in
accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in
the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract,
the (Recipient) 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 (Recipient) 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
(Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work,
or treat the termination as a termination for convenience.
C.Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination
for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In
such case, the notice of termination will state the time period in which cure is permitted and other appropriate
conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or
conditions of this Contract within [ten It 0) days] after receipt by Contractor of written notice from (Recipient)
setting forth the nature of said breach or default, (Recipient) 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
(Recipient) 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 (Recipient) elects to waive its remedies for any breach by
Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit
(Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this
Contract.
E.Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice,
may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is
terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for
services rendered before the effective date of termination.
F.Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the
services within the time specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The
Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,
the rights and obligations of the parties shall be the same as if the termination had been issued for the
convenience of the Recipient.
G.Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to
perform the services, including delivery services, within the time specified in this contract or any extension or if
the Contractor fails to comply with any other provisions of this contract the (Recipient) may terminate this
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
/11'"F6rt Collins
PURCHASE ORDER
PO Number Page
9141467 4 of 9
This number must appear
on all invoices, packing
sli sand labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of default. The Contractor will only be paid the contract price for services performed in
accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon
direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The
Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree
on an amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,
the rights and obligations of the parties shall be the same as if the termination had been issued for the
convenience of the (Recipient).
H.Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable
part, with the diligence that will insure its completion within the time specified in this contract or any extension or
fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this
contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take
over the work and compete it by contract or otherwise, and may take possession of and use any materials,
appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall
be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work
within specified time, whether or not the Contractors right to proceed with the work is terminated. This liability
includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this
clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault
or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of
another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes,
freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the
causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work
shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to
appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or
that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had
been issued for the convenience of the Recipient.
I.Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract
in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract
obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the
nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1)
immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the
Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and
materials accumulated in performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable
adjustment in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the
work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations it is determined that the Contractor was not in default,
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.wm
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9141467 5 of 9
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
the rights and obligations of the parties shall be the same as if the termination had been issued forthe
convenience of the Recipient.
J.Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or
any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the
termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for
default, the notice shall state the manner in which the contractor has failed to perform the requirements of the
contract. The Contractor shall account for any property in its possession paid for from funds received from the
(Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the
(Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if
any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim
to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out
costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time
of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an
excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond
the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to
continue work, or treat the termination as a termination for convenience.
6.CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor
agrees that it will not discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42
U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable
equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts
60 at 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
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9141467 6 of 9
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
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 %. A separate contract goal [of % DBE participation has] [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)).
c. (If a separate contract goal has been established, use the following) Bidders/offerors are required to document
sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so,
as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent
with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]:
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror s commitment to use a DBE subcontractor whose participation it
submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor s
commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
[Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial
proposals] [prior to contract award] (see 49 CFR 26.53(3)).
(If no separate contract goal has been established, use the following) The successful bidder/offeror will be
required to report its DBE participation obtained through race -neutral means throughout the period of
performance.
d. 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, [the contractor may not hold retainage from its subcontractors.] [is required to
return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to
this contract is satisfactorily completed.] [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.]
e The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work
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4 -
I
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul 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.00m PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
CI�/ of PURCHASE
9141467 7 of 9
F6r} Collins This number must appear
,�—J`-' ` on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.
&INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain
Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor
shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which
would cause (name of grantee) to be in violation of the FTA terms and conditions.
9.CARGO PREFERENCE REQUIREMENTS
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United
States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry
bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities
pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for
United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for
shipments originating within the United States or within 30 working days following the date of leading for
shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -
lading in English for each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient
(through the contractor in the case of a subcontractor's bill -of -lading.) c. to include these requirements in all
subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment,
material, or commodities by ocean vessel.
the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take
actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is
ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the
Contractor's status (a large business, small business, state government or state instrumentality, local
government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor
agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal
Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental,
developmental, or research work financed in whole or in part with Federal assistance provided by FTA
10.ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act. \
11.RECYCLED PRODUCTS
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the
regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the
�blJ,i.i;.ai'
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
9141467 8of9
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
items designated in Subpart B of 40 CFR Part 247
12.ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et
seq. and DOT regulations, " Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; and
Joint ATBCB/DOT regulations, " Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB' s "
Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility
guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply
with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
f1MMKOW 9i ttC�CiLTIKL[ttiGID
Page 9 of 9
I. COMMERC1ALDEFAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Frderal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denveq Colorado (Ref. Colorado Revised Statues 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be rewmed to you for credo and are nor t be replaced excep, upon receipt of women
instrdims firm the city .from Collins.
Inspection. GOODS Pre subject Ir the City of Fort Collins inspection no art vol.
Fired Att ptnce. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the pan of the City of For Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be ROB., City of Fiat Collins, 900 Wood St, Fiat Collins, CO 80522. unless
otherwise NaP on flux order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where numtfsturers have distributing points in various pans of the country, shipment is
expeotJ from the nearest distribution poem to destination, and excess freight will be deducted! tram Invoice when
shipments our mode from 6remu Jimanve,
Permits. Soler shall procure in mums role cost all necessary permits, certificates and licenses required by all
applicable laws, regnhnions, ondinanms and rules of the state, municipality, trribly or political subdivision where
the work is wrfomrod. art ngnired by any other duly constituted public authority having Raistliction over the work
of vendor. Seller further agrees at hold the City of Fort Collins harmless from and against all liability and lass
incurred by then by reason of an asscned or established violation of any such laws, regulations, industries, roles
arrequirements.
Authorization. All parties to this command agree that the representatives are, in fact, bore fide and pm r. full and
complete Primaiy to hind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions stated
herein Plot ford and any supplementary or additional terms and cambiums annexed hereto or incorporated herein by
mareare. Any additional err different team and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery Jam as acted. Time is of the essence. Delivery and perf once muss be effected within ,he time
sinned on the purchase order Paid the documents mlached hereto. No aces of the Purchuers including• waMsm
limitation, acceptance of partial laic deliveries, shall operate m a waiver of this pmsision. In the event of any delay,
the Purchaser shall have, in addition to other legal and arguable remedies, the option ofplacing this order dsewhcre
and holding the Seller liable for damages. However, the Sellu shall non be liable for damages as a result of delays
due to causes not reasonably foreseeable which we beyond its masntable caroad and without its fault of negligence,
such acu of God, acts of civil or military authorities, Sfivemmental priorities, fires, strikes. Rwl, epidemics,
riots provided that notice of she conditions causing xuch delay is given In the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event crony such delay, the date of delivery shall be
extended for the per ad alual to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller wtronis ibm all goods, articles, materials and work covered by this order will cmnfomn with applicable
drawings, specifications, samples andler other descriptions given, will be fit for the purposes intended, and
performed ,in the highest degree of care and contraries s in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expo s, which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects, or faults arising within one (1) year or within such longer period of
,Ime Ps may be prescribed by law or by the terms ofany applicable warranty provided by the Seller PRer,he data of
acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed, resulting firm imperfect
or defective work done or materials fumis,hN by the Seller. Acceptance or me of gaLLs by the Purchaser shall not
nmtitme a waiver of any claim under this wamarty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximamly caused by the breach of any of the foregoing wamamir,
or guarantees, but such liability shall in no even, include loss ofproE,s or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tam¢ by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the teen, other than legal terms, including additions to or deletimss from
the quuntitics origirelly odered in ,he specifications P, drawings, by v,am[ or women change aide,. If any such
change affects the amount due or fe lime of performanre Persuades, an rymiable adjusumanl shall be made.
6. TERMINATIONS.
The Purchaser may al any lime by wrinen change order, terminate This Maeemun as to any or all pardons of the
goods then not shipped, subject to any equiable adjustment between me parties as to any work art materials then in
progress Provided that line Purdsmer shall not be liable for any claims for anticipated profits nn the uncompleted
portion of ilc goods ondlor work, for incidental or cansegaential damages, cad that no such adjustment be made In
favor of the Seller with rapec, m any goads which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any Goods delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
A, claim for ad usuni nt nest be asserted within thirty (30) days from the date the change or tennination is
ordered.
8. COMPLIANCE WI'1'11 LAW.
The Seller warrants that all goals sold hereunder shall have been produced, sold, delivered and Furnished in strict
compliance with all applicable laws and regulatims to which the goods are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliant All laws and regulations required to he
incorporated in agreements of this character are hereby incorporated herein by this reference. Tha Seller Marees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry, shall assign, antral , or convey this Oder, or any monies due or no Iscrome due hereunder without the
,raw wrinen cameo, ofrbe .,her parry.
10. TITLE.
The Seller warrants full, clear and uuremricted title to the Purchases for all equipmenn, materials, and items fumishd
in performance of Nis agrtemem, free and clear of Pay and all liens, restrictions, teunnjims. security interest
encumbrances and claims ofothers.
11. NONWAIVER.
Failure of the Purchaser m iut upon strict performance of the team and conditions hereof failure or delay to
number any rights or remedies provided herein at by law, failure to promptly notify the Seller in the event of a
breach, die ccapance of or pnymm, for grads hereunder or approval of the design, shall not relrear the Sella of
Pay of the warranties art obligations of this purchsse under and shall rat be deemed a waiver of any righ, of the
purchaser to insist upon strict Rec ommnce hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted as to any prior or subsequent default bereujWer, m r shall any pnryored
oral modification or rescission of this purcbnse order by the Purchaser operam as a waiver of any of do, lama
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize Out in actual ac is practice, overcharges, resulting from onlinusl
violations rc are in fact home by the Purchaser. Themfince, f'ojr 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
acquired under federal or state antitrust laws for such overcharges Priming to the particular goods or services
purchased or acquired by Owe Purchaser purso rat to Nis purchase under.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Selleq and the Sailer iherea0er indicates its imbil Ply or unwillingness to comply, the Purchaser
may cause the work to be performed by he most expediliaus means available to it, and the Seller but pay sell
casts asaodmed with such work.
'I he Seller shall release the Purchaser and its contractors of my our from all liability and claims of say Patinae
resulting from the performance of such work.
This release shall apply even in the event of Carl, of negligence of the party mleoeed and shall extend to the
directors, officers and employees ofsnch party.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced in any way, because
such work is performed or caused to be performed by the Purchmer.
14.PATENTS
-
Wassamr the Seller is required to use any design, device, material or process covered by liner, patent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser firma any and all claims for infringement
by maxon of the use of such patented design, desire, maerial or process in romectum wind the contmet. Paid
shall indemnify the Purchases for any cost, expense or damage which it maybe obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment. or
Pay ya hereof m the intended use of the goods, is in such suit held t..farm offic nmen, and the use of
said equipment or pan is enjoined, the Seller shall, at its own expects and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, regime the same with substantially equal but
noninfringing equi nown, or modify it so it becomes noninMngnng,
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers progeny or business, this order may forthwith be canceled by the
Purobase, sodium, liability.
I& GOVERNING LAW.
The deficit,.. of corms used or the inter menu n of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State afCclanulo. USA.
'The fallowing Additional Conditions apply only in cases where the Seller is t perform work hereunder,
including the services of Sellers Representative(a), on the premises of others.
IZ SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
to x of Pay accideol, destruction or injury to the work wagon materials before Sellers final completion ad
acceptance, comple a the work at Sellers own expeow, and to the satisfaction of the Purchaser When materials
and equipment art formulated by ahers for imullation or erection by the Selleq the Seller shall receive, unload,
store and handle same in me site sod become responsible therefor as though such materials and/or equipment
were being fumished by the Seller ursdar the order.
18. INSURANCE.
The Seller shall, at his own expene, provide for the payment of workers compemetlon, including occupational
disease benefits, to its employees employed on or in maracas. with the work caverd by this purcha¢ ondeq
andlor to their dependents in accordance with rise laws of fie state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but just limited to, comracmal and automobile public
liability insurance wind bodily injury end death limits of at least 5300,000 for any one parson, S500,000 for any
one accident and propeary damage limit Per accident of S400,000. The Seller shall likewise require his
contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do Pay work upon the premises of others, the Seller shall Evil the Purchaser with a certificate
that such compensation and insaraa¢ have been provided. Such unificmas shall specify the oat when such
compensation and insurance have been provided. Such cenifiwts Aar specify the date when such compensation
and insurance expire. The Seller agrees that such contpmsnlion and insurance shall be maintained until after the
entire work is compled and accepted. _
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibiltry and habil icy fir any and oil damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from ,he execution of the work provided for in
this purchase order or in connection herewith. The Seller will indro ni ly and hold harmless the Purchaser and any
r all of the Purchuus ofcers, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property f which ,be Purchaser may
be put or subject by reason of my act, action, reeled, omission o, default on the part of the Seller, any of his
contracoes, or any of the Sellers or contmdors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees marry time on account or
by noon of any ad, -lion, neglecq omission o, defaull of the Seller of any of his contmdors or any of its or
their officers, agents an employees as aforesaid, the Seller hereby Moore; to assume the defense thereof and to
defend the same at Ne Sellers own expense, to pay any and all costs, charges, attorneys fees aM other expenses,
any Pad all judgments that may be incurred by or obtained against the Purchaser or any of its of their officers,
Means or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said panics in or as a result officers suits or other proceedings,
the Seller will at coca cause the same to be dissolved and dischmgd by giving bond or otherwise. The Seller and
his contractors shall arks all safety precautiorn, bunch and mentoll all guards Pascal for fire prevention of
accidents, comply wind all lases and regulmiotu with regard to refery including, but without limiatioq the
Occupational Safety and Health Act of 1970 and al I rules and regulations issued pursuant thereat.
Revised 03a010