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HomeMy WebLinkAboutBID - 7537 POLICE CRASH EMERGENCY RESPONSE VEHICLEBID 7537 Police Crash Emergency Response Vehicle Page 1 of 14 INVITATION TO BID 7537 Police Crash Emergency Response Vehicle BID OPENING: 3:00 P.M. (our clock), August 8th, 2013 The City of Fort Collins is requesting bid proposals from Emergency Vehicle firms for an emergency response vehicle to be used at crash sites. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), August 8th, 2013. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. Questions concerning the scope of the bid should be directed to Officer Drew Jurkofsky (970) 221-6555 or djurkofsky@fcgov.com. Questions regarding bid submittal or process should be directed to Doug Clapp, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. Any questions must be submitted via email to the Project Manager and Buyer by the end of the business day on August 2nd, 2013. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 7537 Police Crash Emergency Response Vehicle Page 2 of 14 identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self-stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. Gerry S. Paul Director of Purchasing and Risk Management BID 7537 Police Crash Emergency Response Vehicle Page 3 of 14 CITY OF FORT COLLINS BID PROPOSAL BID 7537 Police Crash Emergency Response Vehicle BID OPENING: August 8th, 2013, 3:00 (our clock) General Description The City of Fort Collins is soliciting bids for the purchase of: One (1) Crash Emergency Response Vehicle mounted on a truck chassis. 1.0 PROPOSAL SUBMITTAL The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. Firms submitting proposals shall include the following information and costs: a. Complete Specifications for proposed vehicle. Please highlight/note any and all exceptions from specifications noted in section 5.0. b. Complete Bid Proposal Sheet. c. Include the requirement within your bid proposal for Operator and Repair Manuals as follows: • Operators Manual - Two Sets shall be provided with delivery of vehicle • Repair and Parts Manual – Two Sets shall be provided of parts and repair manuals for all components of the vehicle • Electrical wiring diagrams are required for acceptance of the equipment. Both cab and body are required. 2.0 BID CLARIFICATION 2.1 Clarification regarding the specifications shall be obtained from Officer Drew Jurkofsky, at 970-221-6555 or djurkofsky@fcgov.com and Doug Clapp, Senior Buyer, at 970-221-6776 or dclapp@fcgov.com, prior to August 2nd, 2013. Any changes to these specifications will be made by an addendum issued prior to the Opening Bid Date. 3.0 DELIVERY 3.1 The date of the delivery is an essential element of this proposal. Delivery of equipment shall be made to: Fleet Services Shop 906 W. Vine Street Fort Collins, CO 80521 3.2 The word “delivery”, as used in this specification, encompasses delivery of the actual equipment, as specified, complete with all necessary papers such as Manufacturer’s Statement of Origin, application for title, invoice, warranty, shop, operator’s and technical manuals, parts books, etc. as applicable. BID 7537 Police Crash Emergency Response Vehicle Page 4 of 14 3.3 All equipment must be completely washed and serviced in accordance with standard new equipment "make ready", and the manufacturer's specifications and be ready for delivery in drive away condition. A temporary permit is to be included. 3.4 All units to be new and of the manufacturer's latest model in production at the time of delivery and standard equipped, unless otherwise specified. Time is of the essence. The City shall be kept advised of any anticipated delay in delivery. In the event the successful bidder, hereinafter referred to as the Contractor, fails to properly perform delivery as specified above, within the specified time limit set forth by the Contractor in his bid proposal, the City shall sustain damages in an amount difficult to ascertain. Accordingly, after due allowance for any time extensions which are agreed by the City to be due to conditions beyond the Bidder's control, the Contractor shall be liable to the City, in the amount of One- Hundred ($100) dollars as liquidated damages, and not as a penalty, for each and every calendar day that delivery is delayed. Additionally, no payment shall be made by the City for any delivery of specified equipment until all aspects of the contract have been fulfilled, unless pre-arranged and approved jointly by the Director of Purchasing and Risk Management and the Director of Fleet Services. 4.0 WARRANTY The manufacturer shall unconditionally warrant the entire vehicle and all component parts for a warranty period of specified usage that is currently being offered in open trade for that vehicle at the time of delivery. Additionally, the Contractor shall furnish the City a fully priced copy (parts and labor) of any warranty or commercial cost repair order which originates in his repair facility, subsequent to delivery, during the warranty period. No charge for service calls, travel time, travel expenses, mileage, or per diem will be allowed by the City in connection with the performance of any warranty repairs. 5.0 SPECIFICATIONS: GENERAL: The following specifications describe the proposed emergency response vehicle for Fort Collins Police CRASH team. All bids must include complete and up-to-date manufacturer's specifications. CHASSIS/BODY DIMENSIONS: • Wheelbase of chassis: 158" minimum • Overall length of apparatus, including rear step: 301" • Overall apparatus width, rub rail to rub rail: 96" • Rear step height from ground (loaded): 20" • Overall height of apparatus (loaded): 138" • Interior walkway height raw body: 83" • Interior walkway height finished: 81.5" •Interior walkway length: 192" BID 7537 Police Crash Emergency Response Vehicle Page 5 of 14 • Interior raw body width: 93" • Interior finished body width: 85.5" CHASSIS: • GVWR - 8,000# Front and 15,000# Rear (confirm if standard with 22,000lb GVWR package) • 6.8L Triton V-10 - 326 hp • Spring Suspension • Brakes - power, 4-wheel disc (Hydro-boost) ABS • Automatic Transmission - 5-speed TorqShift® Automatic with Tow/Haul Mode • 175 amp alternator • AC Prep Package • Daytime running lights • Power windows and locks *Power/heated mirrors *Auto-eject shore power outlet (may be located on Body) *Back-up camera BODY: • Load space area shall be approximately 83" high x 93" wide x 16' long load space all aluminum step van body. • Body shall have OEM sedan door street side with sliding window. • Body shall have OEM sedan door curbside with sliding window. • Sedan doors shall have a vertical continuous stainless steel piano hinge, two (2) nylon door straps and an aluminum drip rail installed above door. Doors shall have a Tri-Mark polished cast aluminum exterior handle with key lock. • Body side doors shall have a 0.100" aluminum tread plate step well for 17" skirt depth. • Body shall have OEM rear swing door with strap hinges and key lock. • 0.100" upper/0.125" lower strain-hardened aluminum alloy side panels riveted to the sidewall stiffeners. • One-piece 0.040" aluminum roof with roof bows on 16" centers. • Lift-up fiberglass hood with quartz halogen headlamps and turn signal indicators. • Full width 12" deep painted heavy-duty steel rear bumper with non-skid center step. • Rear mud flaps with anti-sail brackets. • West coast mirrors. • Tinted safety plate glass windshield with driver and passenger sun visors. BID 7537 Police Crash Emergency Response Vehicle Page 6 of 14 • Driver seat to be high back on fixed pedestal. Seat to be covered in cloth with 3- point seat belt. • Passenger seat to jump seat with 2 point seat belt. • Windshield wiper/washer with single heavy-duty windshield wiper motor. • Aluminum engine box cover with acoustical and thermal insulation. Cover shall have a Black ABS overlay. • Extruded aluminum floor with interlocking planks. • Full length skirting. Skirt to extend 17" down from the bottom of floor extrusions. • Rear ICC lights shall be located as far rearward as possible. • Body has a standard structural warranty of 5 years or 50,000 miles; and standard component warranty of 12 months or 12,000 miles. • Integral cab air conditioning and heating system with dash controls. * Two (2) 20-inch wide swinging rear doors with interior and exterior latches, exterior latch has key * Permanent labels installed on the interior rear doors illustrating handle rotation direction. * Two (2) Heavy-duty fluted aluminum grab handle with rubber inserts and chrome plated stanchions installed at exterior entry door location. * Whelen par 16 automatic courtesy LED at side entry door. LED# TOCACCCR Flange# TFLANGEC. Note: Step lighting for rear door. * Two (2) Maxxima 4" LED Light, Stop/Turn/Tail/Backup, Hybrid Series, Red 16060092 (or current model). * Entire underside of the apparatus shall be undercoated. Includes chassis, floor extrusions, step wells and aluminum compartments. *Rear mud flaps with anti-sail brackets. *Satin anodized aluminum finish roll up door located in rear left corner of body to access traffic cone storage. Includes: * Manual Lock with 2-sided Key * Sill Plate * Pull strap PAINT: Colors will be chosen by the City of Fort Collins, after vendor has been selected. * Exterior - Body base color shall be white. * Interior - To be determined. • Wall Covering: color TBD - Smooth FRP • Ceiling Fabric: color TBD • Floor Covering: color TBD - PVC Flooring BID 7537 Police Crash Emergency Response Vehicle Page 7 of 14 • Office Chairs: Black • Vinyl Coverings: color TBD • Cabinets: color TBD • Counters and Tables: color TBD DRIVER/PASSENGER CAB AREA: *Work area on passenger side constructed of 5/8" plywood covered to match rear counter-tops and trimmed with vinyl T-molding. *Control panels for 120Vac and 12Vdc systems shall be located in the overhead console. The entire console shall be constructed of 3/4" plywood. The face shall be finished with black laminate and the bottom shall be covered with vinyl. *Red LED/Clear incandescent dome light with 3-position switch, red/off/white. *Zone Defense color back up camera system with 7" LCD monitor with daynight camera or equivalent. *Vinyl covered panels above driver and passenger doors. *OEM diamond plate panels on cab area doors. •Vehicle height sign on dash. • Vehicle shall have a Final Stage Vehicle Certification and Altered Vehicle Certification as required by Federal Motor Vehicle Safety Standards (FMVSS) 49 CFR Part 567.5 and 567.7 • Payload sticker in cab area with vehicle axle load ratings and available axle payload as built. WALLS, CEILING AND FLOOR: *Insulate walls with a minimum of 2-1/2" of fiberglass with an R-11 rating. Cover interior body side posts with 1/2" plywood sub wall, *Cover sub wall with smooth finish Kemlite 0.075" fiberglass reinforced plastic (FRP) lining. *5/8" exterior grade tongue & groove plywood underlayment for floor, ICI 7-2-7-2 G-1 Exposure 1- APA 347 PCUF PS1-95 (or equivalent). Note: Only in finished interior area. *Lonseal Loncoin II Flecks 150 Onyx non-skid commercial grade PVC flooring or equal. Note: Only in finished interior area. *2-1/2" vinyl cove molding as required (mop board). *Insulate ceiling with fiberglass. Cover interior roof supports with plywood. *Cover sub ceiling with Veelok 17-oz. ribbed loop pile fabric. *All bulkheads shall be covered with Kemlite 0.075" FRP. SEATING: BID 7537 Police Crash Emergency Response Vehicle Page 8 of 14 *Fabricate and install fixed bench seating with removable cushions. Bench seat cushions shall be covered in heavy-duty vinyl or cloth. *BENCH SEAT REQUIREMENTS: • Foam for seat backs and bottoms shall be firm density • All bench seating material must meet Federal Motor Vehicle Safety Standards part 571.302 Flammability of Interior Materials. • Material corners shall be squared or angled to fit precise cut of foam. • Foam shall be bonded to plywood backer with industrial grade adhesive. • Stapling of fabric/vinyl to backer with industrial grade upholstery staples. CABINETS: *36"W x 16"H x 16"D double door overhead cabinet in gallarea. *60"W x 24"H x 16"D double door overhead cabinet above work desk. *Three (3) LED strip light under overhead cabinet, #16070056 (or current model). *36"W x 34.5"H x 24"D four drawer base cabinet under work desk. *Two drawer file cabinet under work desk. *Galley countertop shall be covered in 0.040" Wilsonart laminate. All exposed edges shall be covered with heavy duty flexible PVC T-molding. *Conference table covered in 0.040" Wilsonart laminate. All exposed edges shall be covered with heavy duty flexible PVC T-molding. *Stainless steel countertop on work desk. *Shelves shall be infinitely adjustable using mini 8-line track and hardware. *Four (4) FRP shelves with 2" lip, located to the right of galley area. *Twelve (12) Aluminum box pan shelves in unfinished storage area. HVAC SYSTEM: *Fan-tastic Vent model 4000 R (or current model) 3-speed reversible 12" power roof ventilator. *Coleman Polar Mach 9200 series low profile air conditioner. Includes: • 9223-C876 13,500 nominal BTU air conditioner with condensate pump. • 9330-B715 Ceiling Assembly with 5,600 BTU heat strip *Two (2) Broan model 174 wall mount 5,120 Btu/hr electric heaters. 120/240VAC ELECTRICAL SYSTEM: *Power Tech 15-kW 120/240Vac liquid-cooled gasoline generator and installed in a custom fabricated compartment. Generator features: • Prime Power (100% output 24/7 at up to 70•F and 500ft elevation) • USTC Certified Manufacturer • 3 year/2000 hour Warranty with nationwide service network BID 7537 Police Crash Emergency Response Vehicle Page 9 of 14 • Sound reduction enclosure • Four point mounting system • Four-cycle water cooled gasoline engine • Radiator cooled, direct mounted and protected enclosure • High-coolant temp and low oil pressure shutdown sensors • Spin-on oil filter and in-line fuel filter • Single side and bottom service Compartment shall be constructed to the following specifications: • Compartment shall be constructed from 0.187" aluminum with all welded seams. • Compartment shall have 0.125" aluminum 2" box pan doors and 0.125" aluminum frames. • Door frames shall be riveted to the body and welded to the compartments. • Doors shall have stainless steel hinges attached to the doors and door frames with stainless machine screws. • Doors shall have slam latches and flush mounted handles. • Doors shall have 0.100" aluminum tread plate panels on interior surfaces. • Doors shall be held open in a 90 degree position with gas charged lift/support cylinders. • Doors shall be sealed with industrial grade neoprene gasket. • Compartment shall have internal lighting when door is open. *120Vac control panel with 50 or 60 amp generator and shore power main breaker (based on generator size), six (6) UL listed magnetic/hydraulic branch circuit breakers with amber LED indicators, digital voltmeter, generator start/stop switch, and generator hour meter. *Marinco 50A-125/250Vac waterproof shore power inlet, 50-ft. 50A-125/250Vac shore power cord and 6-ft. 50A-125/250Vac pigtail. *Five (5) Specification grade 20A-125Vac duplex receptacle. Receptacle is not dedicated to any installed equipment. *Two (2) Specification grade 20A-125Vac exterior GFCI duplex receptacle with weatherproof PVC cover. GFCI receptacles will be wired in pairs to 20A circuit breakers located in the 120Vac electrical load distribution center. *Make installation provisions for FUTURE customer installed 350LB light tower. Includes: • Roof mounted weather proof junction box • Additional roof support structure as required. BID 7537 Police Crash Emergency Response Vehicle Page 10 of 14 120/240VAC WIRING REQUIREMENTS: • AII120/240Vac main wiring shall be stranded THHN wire and run in non-metallic Carlon Carflex liquid tight conduit. • All electrical circuits and appliances shall conform to applicable national electrical codes. 12VDC ELECTRICAL SYSTEM: *Two (2) 80 amp electronic converter/charger. Product features: • Charges up to three banks of batteries at the same time. • UL listed for safety. • Manual reset circuit breaker. • Reverse battery protection. • Electronic current limiting. • High voltage protection. *Four (4) batteries in exterior compartment on slide out tray. *12Vdc control panel with seven (7) UL listed magnetic/hydraulic circuit breakers with red LED indicators, 12Vdc digital voltmeter, and 12Vdc low voltage alarm. *Thin-Lite model616 18" white 12Vdc fluorescent light fixtures located on ceiling throughout the vehicle. *Four (4) Whelen 810 Series white quartz halogen scene light with 8-32° optics, model number 810CAOZR (or current model). *Whelen 295HFSA5 siren with 9 low current lighting control switches. *Federal Signal TS-100 (or current model) 100 watt speaker behind grill. 12VDC EMERGENCY LIGHTING: *Whelen TIR3 series Super-LED lighthead with internal flasher, red LED's with clear outer lens, model RSR03ZCR (or current model). Includes chrome flange RFLANGEC (or current model). *Whelen TIR3 series Super-LED lighthead with internal flasher, blue LED's with clear outer lens, model RSB03ZCR (or current model). Includes chrome flange RFLANGEC (or current model). *Five (5) Whelen 600 series Linear Super-LED lighthead with internal flasher, red LED's with clear outer lens, model 60R02FCR (or current model). Includes chrome flange 6EFLANGE (or current model). *Five (5) Whelen 600 series Linear Super-LED lighthead with internal flasher, blue LED's with clear outerlens, modei60B02FCR (or current model). Includes chrome flange 6EFLANGE (or current model). *Two (2) Custom fabricated bracket to mount 600 series light above windshield, painted to match body. BID 7537 Police Crash Emergency Response Vehicle Page 11 of 14 12VDC WIRING REQUIREMENTS: • 2-gauge minimum copper stranded battery cable shall be used for 12Vdc main supply lines. All cable runs shall be full length, no splices. All cable terminals shall be staked and soldered. All cable shall be enclosed in convoluted polyethylene tubing and the ends of the cable shall be sealed with color-coded shrink-wrap identifying the function of the cable. • All added electrical circuits shall be protected from over-current by resettable circuit breakers appropriately rated for the load. Only circuit breakers shall be used in the installation of added electrical wiring (plug type fuses are unacceptable). • Circuit breaker functions shall be identified bv engraved or printed labels. • All added wiring for load runs shall be AWG 8, 10, 12, 14 and 18 and must conform to MIL-W 16878F. • Wire terminals for added circuits must conform to MIL-T-7928. Terminals shall be insulated, insulation grip, TYPE II, CLASS 2 and shall be crimped with tooling recommended by the terminal manufacturer. • All wiring shall be numbered or lettered on 6" centers minimum. • Wiring shall be protected from chafing and abrasion with convoluted polyethylene tubing (wire loom) as required. • Where wire passes through sheet metal, bulkheads and structural supports, plastic grommets shall be used to protect both wiring and wire looms. • All wire bundles shall be tied with trimmed nylon ties. • Extreme care shall be exercised to provide for easy serviceability of the system in future years. • Extreme care must be taken in the installation to avoid the engine manifold, engine exhaust, and muffler, which could expose the wiring to severe overheating during long periods of operation. Proper insulation and heat deflection panels must be installed in such areas. • A high-current 12Vdc system wiring schematic shall be provided. • These are the minimum acceptable 12Vdc wiring requirements. AWNING: *Zip Dee solid color awning (color TBD) or equivalent, 12' approximate length, with the following features: • 100% vat-dyed acrylic fabric with a manufacturer five year guarantee against loss of color or strength due to normal exposure, including sunlight, atmospheric chemicals and mildew or rot. • Polished aluminum slatted wrap-around cover. • Plastic rollers on body door corners to prevent awning damage. • Interior storage for awing pull rod. • External awning lock. BID 7537 Police Crash Emergency Response Vehicle Page 12 of 14 MISCELLANEOUS ITEMS: *Two (2) 5 pound dry chemical fire extinguishers. *Two (2) First Alert 9-volt combination Carbon Monoxide and Smoke alarms. MISCELLANEOUS: *At time of delivery to customers facility a manufacturer representative will provide up to eight (8) hours of orientation on manufacturer provided systems, as applicable: • Generator start up and shut down procedure • Leveling system operation • AC and DC electrical systems operation • HVAC systems operation • Mast operation • Audio Video system operation • Alarm operation • Awning operation Optional item: please price separately *Two (2) Command Light #CL610 w/ backlight option * CNG Gaseous Engine Prep Package * CNG conversion cost BID 7537 Police Crash Emergency Response Vehicle Page 13 of 14 5.0 BID PROPOSAL Bid #7537, Police Crash Emergency Response Vehicle 5.1 Make ________________ Model _________________ Year __________ 5.2 Pricing 5.2.1 Base price – Cab/Chassis $ 5.2.2 Base price - Body $ 5.2.3 Base Total $ 5.2.4 Option A – (2) command Light # CL610 w/ backlight option or approved equivalent $ 5.2.5 Option B – CNG Gaseous Engine Prep Package $ 5.2.6 Option C – CNG conversion cost $ 5.3 At the option of the City additional purchases may be made from this bid for up to five years following the initial award. 6.0 FREIGHT TERMS FOB destination, freight prepaid. All freight charges must be included in bid price. 7.0 DELIVERY Delivery will occur _________ days after proper notification of bid award. 8.0 VENDOR'S STATEMENT I have read and fully understand all the conditions, specifications, and special instructions herein set forth above. I hereby agree to comply with all said conditions, special instructions, and specifications as stated or implied. Signature: Title: Company: Date: Street: City: State/Zip: Phone #: Fax #: Email: BID 7537 Police Crash Emergency Response Vehicle Page 14 of 14 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 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 returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort 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 F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this 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 manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense 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 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 unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute 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 warranties or guarantees, but such liability shall in no event include loss of profits or loss 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods 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. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees 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 party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance 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 hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact borne 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 acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 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 Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's 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 Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but non-infringing equipment, or modify it so it becomes non-infringing. 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 property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation 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 expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents 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 parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish 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 Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010