The URL can be used to link to this page

Home My WebLink About117101 VISION GRAPHICS INC - PURCHASE ORDER - 9122534PURCHASE ORDER PO Number Page City Of 9122534 1 of 8 ' `t Collins i ns This number must appear " on all invoices, packing slips and labels. Date: 0510112012 Vendor: 117101 Ship To: ELECTRIC UTILITIES VISION GRAPHICS INC CITY OF FORT COLLINS 5610 BOEING DR 700 WOOD ST LOVELAND Colorado 80538 FORT COLLINS Colorado 80521 Delivery Date: 04/30/2012 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 Printing Services(ARRA Funded) for Advanced Meter Project 1 LOT LS For printing of Project related Utility Bill Inserts as requested. Specifications, Quantities, and Delivery Dates to be determined by authorized Utilities Representative. Vendor selected per competitive bid process, request dated 01/30/12. Prices per vendor bid dated 02/03/11. Excluded Parties List Systems (EPLS) search completed on 0430/12. The services captioned above involve American Recovery and Reinvestment Act of 2009 (ARRA) and SGIG funding and the following terms and conditions apply: FEDERAL REQUIREMENTS To the extent applicable, the terms and conditions under federal law listed below are incorporated into this Agreement. 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 DOE. It is further agreed that the clause shall not be modified, except to identify 5,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Job Name: Printing Services uantity BID FORM 500 1,000 (I 2,500 5,000 1nn4n nnr 9nn V 15 SON �12�Y�iG� !0,000 25,000 Postcards -Offset 6x4inches _� $(l _ .rl) 7t )'�� 7Y7 �49 5.5 x 8.5 inches 3'�=c IJ� �OY� 3 ��% Digital 6 x4 inches $ „fao 5.5 x 8.5 inches $ 3-! 37d 21,—e Posters - Offset 11 x 17 inches $ n l u a. ON u to 2 500 2 Only up to 2,500 a' 24 x 36 inches $ p l C Onl u to 2 500 c Digital 11 x 17 inches $ Onl u to 2 500 24 x 36 inches $ Goer Hans-9iglta!-0r Y 4.26 x 4-pc44es- $ Newsletters - Offset 8.5x 11 inches I a I7I't, ies - Digital 8.5 x 11 inches II X 17 i ttie Various Flyers/Handouts o $13,y�!oa_c 13q ° E o $ �� - 71a- o 4y - jOjs SG �� - l - u ( :)-3- _ 10 a1 71 - yob Lf vo — I 3q 3? -- -Offset 4x9inches $13a°a U0 a kti C a8 ),3 - -7 34S 8.5 x 11 inches $,3Y':- a- .3( _U I a_ yy a. I 3 S - Digital b 4 x 9 inches $isa - 8.5 x 11 inches $`ci� yy g d-3 4 S,000 Bill Inserts - Offset Only 3.67 x 8.5 inches $0_1 IF 7.34 x 8.5 inches $ _1_G _ (o y 3 y _ Start at 5 000 t S2 O5 7 k Pa+mow + 9 Ann _... n Page 3 of 12 j BID FORM Job Name: Printing Services Prices must include delivery. Items bid meet or exceed the specifications listed on Page 2 without exception. YesX__*�No If not, please list exceptions on a separatesheetand attach to your bid. T Indicate turnaround delivery times: J � r / evG r; NOTE: This will be an annual award for one (1) year. In addition, at the option of the City; the award may be extended for additional one year periods not to exceed four (4). Notice of renewal shall be provided to the Service Provider no later than thirty (30) days prior to current award period end. Vendor Name: �� .S t u\, G fti, � �\, -\ (. S _1 � c; Address: SL�U )36e1nfj n,\, L-6'Clk,,4 C0 CUS3� Telephone #: U6 G13-b(rCT Email: �iw�1Ey___S_ik%f—,k cs-i'nC.rove� Respon p�ntName: Tg�ey Iti. V`l�u�;�lar�Title: Saie_S (Pleaself;rint) A I Page 4 of 11 Date: a' '3 -1 Page 1 of 1 David Carey p 0G%1_2 `� From: David Carey Sent: Monday, February 27, 2012 1:56 PM To: Diana Royval Cc: Opal Dick Subject: RE: Request for Quotation for Printing and Mailing Services, and Promotional Products for Advanced Meter Project Attachments: Advance Meter Project Printing Services BILL INSERTS Quote Summary 2 with Citizen Quote.xls Diana, I am correcting my recommendation concerning awarding the bid for Bill Inserts from Color Pro to Vision Graphics. Upon further review, since Color Pro did not quote stock per the specifications (quoted using 80# stock versus 70#); their bid for that item should be eliminated. Since you indicated that bill inserts would be printed on both sides and quantities would be over 25,000 per run, awarding to Vision Graphics appears to be in the best interest of Utilities. Please advise if you agree. Thanks. David From: David Carey Sent: Friday, February 24, 2012 5:44 PM To: Diana Royval Cc: Opal Dick Subject: RE: Request for Quotation for Printing and Mailing Services, and Promotional Products for Advanced Meter Project Diana, Based on bid clarification information received from vendors, I am okay with awarding to the vendors we discussed. Printing Services include producing: ➢ Postcards: Color Pro ➢ Posters: Color Pro ➢ Poster Mounting Only: AlphaGraphics ➢ Newsletters: Color Pro. Price should include FSC stock per specifications since they said they complied. ➢ Various Flyers, Handouts: Color Pro ➢ Bill Inserts: Color Pro (Quoted 80# stock, can provide 70#). Price should include FSC stock per specifications since they said they complied. Mailing Services: United Mailing Special Printed Promotional Items: SIGNARAMA Please advise how you want to handle the FSC stock and certification issues. If okay with you, requisitions need to be created and approved, then I can convert into Blanket PO's with the required Federal clauses added. _ David 5/1/2012 BID SUMMARY Mailing, Printing & Special Printing Services for the Utilities Advanced Meter Project. Date: 02/06/12 _ Printing Services Sizes, Specs and Quantities: Per Quote Request dated 01/30/12 Vendor Price/100 Price/100 Price/100 Price/100 Price/100 Price/100 Meets Specs Delivery Quantity 500 1,000 2,500 5,000 10,000 25,000 Y/N Vision Graphics Bill Inserts Offset 3.67 x 8.5 $12.82 $6.64 $3.04 Y 5-7 Bus. Days 7.34 x 8.5 $16.18 $8.58 $4.05 Y 5-7 Bus. Days Printed 4/4 Digital - N/A I I I I I I I I Mountain Media Bill Inserts Offset 3.67 x 8.5 $11.44 $7.66 $5.08 Y 3-5 Bus. Days 7.34 x 8.5 $15.52 $10.61 $7.43 Y 3-5 Bus. Days Printed 4/4 or 4/0??? Digital - N/A I I I I Pioneer Press Bill Inserts Offset 3.67 x 8.5 $11.96 $6.74 $3.46 Y 5-7 days 7.34 x 8.5 $13.36 $7.91 $4.47 Y 5-7 days Printed 4/4 or 4/0??? Digital - N/A Vendor Pricel100 Price/100 Price1100 Price/100 Price1100 Price/100 Meets Specs Delivery Quantity 500 1,000 2,500 5,000 10,000 25,000 YIN Color Pro Bill Inserts Offset 3.67 x 8.5 $4.33 $3.18 $2.02 W 3-5 Bus. Days 7.34 x 8.5 $8.52 $6.61 $5.33 N` 3-5 Bus. Days 80# Coated Text Stock. Printed 4/4 Digital - N/A I I I I I I I I AlphaGraphics Bill Inserts Offset 3.67 x 8.5 $4.53 $3.14 $2.17 Y 6-7 Bus. Da s 7.34 x 8.5 $7.49 $5.71 $4.47 Y 6-7 Bus. Days Printed 4/0 w/ bleeds 3.67 x 8.5 $5.37 $1741 $5.26 Y 6-7 Bus. Days 7.34 x 8.5 $8.94 $7.21 $5.55 Y 6-7 Bus. Days Printed 4/4 w/ bleeds Digital - N/A I I I I I I I I Citiien'Printing-; Bill Inserts Offset 3.67 x 8.5 $10.40 $5.00 $3.56 ? ? 7.34 x 8.5 $11.00 $7.60 $5.50 ? ? Printed 4/4 or 4/0??? Digital - N/A BID FORM Job Name: Printing Services Quantity 500 Quote 1,000 per 100 1 ' 2,500 Offset ar 6,000 d/or Digit !0,000 25,00 I) Postcards - Offset 6x4inches $IV_ .?I- ��,7� Jy�� 7 7 �4;9 %��Id /�=F 2 65 Lc 5.5 x 8.5 inches $�1� Z (� q ' l Yc \3 -Z77 Digital ,_� 6 x 4 inches 5.5x8.5inches $63`° 37 21a^o 1G `S 13s1 U �1 Posters - Offset 11 x 17 inches $ (ir ,,-k Onl u to 2 500 0 k Onl up to 2,500 24 x 36 inches $ - Digital 11 x 17 inches $ t X Onl u to 2 500 r 24 x 36 inches $ ON u to 2 500 a Boer-Ha�agers--Bigitaf.9r�/� 4.26 x l+- Pc#�$ Newsletters -Offset 8.5x11 inchesX. 17 ,&es - Digital 8.5 x 11 inches $ H a 17 i'Ats Various Flyers/Handouts TO - Offset 4 x 9 inches $13� - �� yti 1 3%8 T 3 4 S G 7a - a — i k4- 8.5 x 11 inches $13Y �, .36 t yy _ - Digital �, 4 x 9 inches s6P 8.5 x 11 inches $-70 - -! y � ` �.3 � � — � of _ Ia,00u (o y 30, — Start at 5,000 1 S, 000 Bill Inserts - Offset Onl 3.67 x 8.5 inches $(a�� IE 7.34 x 8.5 inches $ I — SE �, oS 7 ' „_„ Mart nr r nnn «, Page 3 of 12 BID FORM Job Name: Printing Services Prices must include delivery. Items bid meet or exceed the specifications listed on Page 2 without exception. Yes_k�No_ If not, please list exceptions on a separatesheetand attach to your bid. Indicate turnaround delivery times: NOTE: This will be an annual award for one (1) year. In addition, at the option of the City, the award may be extended for additional one year periods not to exceed four (4). Notice of renewal shall be provided to the Service Provider no later than thirty (30) days prior to current award period end. Vendor Name: ��' .S t oh �1 [ `� w c S �.C: Address:_ 6L Q )Sccii\ft DA-, Ldvc(gh4. (0 ToS3G Telephone #:g76 Email:viw`1Ev 5 °"�rw�� cs-inc.cuw Page 4 of 11 Ile: L' ", eS Date: a-- 3 _ 1 02/07/2012 14:34 FAX 9704933598 MOUNTAIN MEDIA 17j001 Mountain Media YOUR PRINTING SOLUTION To: Attention: Pages to Fax (Including Cover): Date: -z i- 17 Comments: Ph 970-493-2499 Fx 970-493-3598 info@mountain-media.com 02/07/2012 14:35 FAX 9704933508 MOUNTAIN MEDIA Z 002 BID FORM Job Name: Printing Services Quantity 500 Clue Postcards — Offset 6 x 4 inches $n'- 5.5 x 8.5 inches $ - Digital 6 x 4 inches 5.5 x 8.5 inches $ Do �6 � (On1v uD t 2.500 otv. Posters — Offset kk� 11 x 17 inches J 24 x 36 inches !� $ 0 $ �1 b �6 Onl u 2,500 aty.' Digital . 11 x 17 inches $�'� Onl UD o 2.500 qtX o(Only up o 2.500 24 x 36 inches Door Mangers —Digital Only 4.25x 11 inohes4(y $ �' f $ 40 �� ib3� lagfl I"W p,IY rig •f'� 73 Newsletters — Offset 8.5 x 11 inches $ —' — Digital 8.5 x 11 inches $ fibs Various Flyers/Handouts - Offset o 8.5 x 11 inches - Digital i4 x 9 inches 8.5 x 11 inches $ Bill Inserts • Offset Only 3.67 x 8.5 inches 7.34 x 8.5 inches $ $ Start at 6.000 r I Page 3 of 12 02/03/2012 10:34 FAX 97(14933598 MOUNTAIN MEDIA t>Ij.004 BID FORM Job Name; Printing Services Prices must include delivery. Items bid meet or exceed the specifications listed or, Page 2 without exception. Yes No If not, please list exceptions on a separate sheet and attach to your bid. Indicate turnaround delivery times:p NOTE: This will be an annual award for one (1) year. In addition, at the option of the City, the award maybe extended for additional one year periods not to exceed four (4), Notice of renewal shall be provided to the Service Provider no later than thirty (30) days prior to current award period end. Vendor Name: conVy- I YZIr--I Address: V Telephone #; O �j D Email: n o %ojn-t nJ - /JXL Respondent Name: _ 2 Title: (Please Print) —i BY: Date: (Signatur !V Page 4 of 11 PURCHASE ORDER PO Number Page City Of 9122534 2 °f s Fortn all i tuber must appear V`I Collins�7 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price the subcontractor who will be subject to its provisions. Federal Changes Contractor shall at all times comply with all applicable DOE regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Grant Agreement between the City of Fort Collins (the City) and DOE, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Termination a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 10 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Breaches and Dispute Resolution Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City's Director of Purchasing. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the 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 BID FORM Job Name: Printing Services Item Quantity 500 1,000 2,500 6,000 10,000 25,000 FAA Postcards — Offset 6 x 4 inches 5.5 x 8.5 inches - Digital 6 x 4 inches $ 5.5x8.5inches $ 111V K.-II CA (t-ttyA1 1 &4,-Y—/ Posters - Offset . Pn n h 1 A YY101ti ina 11 x 17 inches $ � �O up to 2,500 aiY.) 24 x 36 inches $ Y \ p (Only up to.2,500_MY.) Digital 11 x 17 inches $ 1ito 61 (Only up to 2,500 gtV.) 24 x 36 inches $ nru I'✓ij (Only up to 2,500 -qty.) Door Mangers—Dig#.al Only (y 4.25 x 11 inches $ Newsletters — Offset 8.5 x 11 inches 7-ZZ 2L2 T7`- - Digital 8.5 x 11 inches $ Various Flyers/Handouts - Offset 4 x 9 inches 8.5 x 11 inches $ • Digital 4 x 9 inches $ 8.5 x, 11 inches $ Bill Inserts - offset Only 3.67 x 8.5 inches $ 7.34 x 8.5 inches $ 5ir}z>'-7-5,�v(�/�,Sys/ 9o71S:5a-8 --/U-D 4ge3 of 12�� 02/03/2012 16:54 FAX 9704821590 COLOR PRO Z 004 BID FORM Job Name: Printing Services Prices must include delivery, Items bid meet or exceed the specifications listed on Page 2 without exception. Yes X No If not, please list exceptions on a separate sheet and attach to your bid. Indicate turnaround delivery times; C% r" ' - — -- - S NOTE: This will be an annual award for one (1) year, In addition, at the option of the City, the award may be extended for additional one year periods not to exceed four (4), Notice of renewal shall be provided to the Service Provider no later than thirty (30) days prior to current award period end. Vendor Name: ^ (fo 10C PLO Address; l b� c 419 .f Telephone #: 91 Q .142 Respondent Name; �GZke eaS Title: ��1�- I 1 (Please Prini) By " Date: (Signature)' �� Page 4 of 11 02/03/2012 16:54 FAX 9704821593 COLOR PRO a 003 Job Name: Printing Services Quantity Postcards - Offset BID FORM _....._ 500 11000 2,500 5,000 !0,000 Quote per 100 (Offset and/or Digital) 6 x 4 inches Al; NA /✓6! 7 90 " 520 5 5 x 8,5 inches $ NA /t/A_ NA -7So Zz - Digital 6 x 4 inches `/2Sx5.5 i%c4e5 5 5 x 4 inches Fosters_- Offset 11 x 17 inches 24 x 36 inches Digital 11 x 17 inches 24 x 36 inches Door Hang s ...D' I Cinlp 4 11 inches Newsletters - O/fret 8.5 x 11 inches 1/ Dr /7 •- Digital 8.5 x 11 inches // x /7 Various Fiyers/Handouts - Offset 4 x 9 inches 8.5 x 11 inches 8 �, 9G y So yc ya 7y` 6, 5, y� yya y�o zv 50 �� qo zZ t/ zs' Onl u2 to 2,5D0 gty.l NA .... .._..-... __-..._(.Ong ug to 2,500 qty.) Gs /7. . _...---------- (Ong up to 2,5UU aiy.). Ln un to 2 5oD-clty,� $A.. A,W .3/ 20 $ /6t�o /jar 11" /y"'z 3�,°° 31' 3/2.0 3/u $ ZVM NA NA 6 `° 3 93 bi - Digital 4 x 9 inches 7S co 70 8.5x 11 inches 8 /S'°'..,. y /Z°$ %2a$06 /Zot3 Bill inserts - Offset Only 3.6-1 x 8.5 inches I $ a2 LAa 852 3 7.4 x .5 inches u� / 61 S 6 5 (Start at S.ODD atv ) Page 3 of 12 BID FORM Job Name: Printing Services Prices must include delivery. Items bid meet or exceed the specifications listed on Page 2 without exception. Yes/\ No_ If not, please list exceptions on a separate sheet and attach to your bid. —t Indicate turnaround delivery times � ISi1 V 7 — 4y NOTE: This will be an annual award for one (1) year, In addition, at the option of the City, the award may be extended for additional one year periods not to exceed four (4). Notice of renewal shall be provided to the Service Provider no later than thirty (30) days prior to current award period end. Vendor Name: Address: 1 )S Telephone#: '�I�-22-3-63/4 Email: w6v,nyr(9,Jp►!a5CN01AISs,c.o. Respondent Name: / " 4 (-�,luew-IL- Title: / IZ Cu ,�k /1/� n � (Please Print By: Date: 3 1 Z (Signature) Page 4 of 11 RRINUGI -. 1309 Webster Ave. Fort Collins, CO 80524 (970) 482-2537 FAX (970) 221-4352 Date: O/Zo/Z To: piana j2a/val Firm: From: FAX TRANSMITTAL Citizen Printing, Inc, We are transmitting pages including cover page. If you do not receive all pages, please call us as soon as possible at (970) 482-2537. Comment: I I 4dHION ONI 9NI1N18d 0 1110 Hdt: 9 Z I H 'E '9aj BID FORM Job Name. Printing Services Ouote r 100 O et and! Digital] +26,000 Postcards - Offset 6 x 4 inches $ 76 iG yU sAO 3 r8 5.5 x 8.5 inches $ 47°° `L= 5 .� Digital 6x4inches $ 11 1Z50 00 lo- 40' q �. � $.5 2 5.5 x 8.5 inches $ 25 2.1 lfr 40 jt w -7 ` 2; Sys Posters = Offset 11 x 17 inches $ °• y "a a�� Onl u to 24 x 36 inches $ 44G 2 21-- Onl u o 600 Digital 11 x 17 Inches $ 42! 38' 36 Onl u t 2 500 24 x 36 inches $ Onl u t 2 500 Door Hangers -Digital Only 4.25 x 11 inches $ NewnlerrAm - nr%sof 8.5)( 11 inches $ - Digital 6.5 x 11 inches $ �I$` 40"° 1 &oaf 3yea -des Various Flyers/Handouts - Offset 4 x 9 inches $ `i "' �= a� 8.5 x 11 inches $ 9 5! ev 60 13- �- 9s - Digital 4 x 9 inches $ °i' iz` a 440 as ID 8.5 x t 1 inches $ � �10 �' 36 �2` [ 3z 0� I 3C> Billlnserts-OfketOnly y ESL 3. 3.67 x 8.5 inches $ qQ Start a 5 . 7.34 x 8.5 inches $ 1 sa I � 5 s� Page 3 of 12 Z 'd VZYZ'ON ONI 9NIAIdd NIZIED Nd": 9 Z10Z 'E '9ad BID FORM Job Name: Printing Services Prices must include delivery. Items bid meet or exceed the specifications listed on Page 2 without exception. Yes No — If not. please list exceptions on a separate sheet and attach to your bid. Indicate turnaround delivery times: NOTE: This will be an annual award for one (1) year. In addition, at the option of the City, the award may be extended for additional one year periods not to exceed four (4). Notice of renewal shall be provided to the Service Provider no later than thirty (30) days prior to current award period end. Vendor Name: Address: 1 �69 A ' drae A,, Telephone #:qK 2Z3—1 Email: (��/ _,ra jy r ryq C,D M Respondent Name: NA Y Tale: Ham -CUR'' mam (Please Print) ger tISi Page 4 of 11 E 'd tdtZ'ON ONl W IN1Nd NHI M Nd9t:9 d10d 'E '98d David Carey From: David Carey Sent: Friday, February 24, 2012 5:44 PM To: Diana Royval Cc: Opal Dick Subject: RE: Request for Quotation for Printing and Mailing Services, and Promotional Products for Advanced Meter Project Attachments: Advance Meter Project Printing Services POST CARDS Quote Summary 1 with Citizen Quote.xls; Advance Meter Project Printing Services POSTERS Quote Summary 3.x1s; Advance Meter Project Printing Services NEWSLETTER Quote Summary 4.xls; Advance Meter Project Printing Services FLYERS HANDOUTS Quote Summary 5.x1s; Advance Meter Project Printing Services BILL INSERTS Quote Summary 2 with Citizen Quote.xls; Advance Meter Project Special Printed VEHICLE ID SIGNS and BANNER Quote Summary 2.x1s; Advance Meter Project Mailing Quote Summary 2.x1s Diana, Based on bid clarification information received from vendors, I am okay with awarding to the vendors we discussed. Printing Services include producing: ➢ Postcards: Color Pro > ➢ Posters: Color Pro ➢ Poster Mounting Only: AlphaGraphics — �, p. # Cf/a 2 5-3 3 ➢ Newsletters: Color Pro. Price should include FSC stock per specifications since they said they complied. Ad. 45;�'9/22531 ➢ Various Flyers, Handouts: Color Pro - �• O. 919.�53r ➢ Bill Inserts: GelerPfe (Quoted 80# stock, can provide 70#). Price should include FSC stock per specifications since they said they complied. - Pp #L� c?/;Z,_6 3y( V l s Mailing Services: United Mailing - /22 53 2 Special Printed Promotional Items: SIGNARAMA P Please advise how you want to handle the FSC stock and certification issues. If okay with you, requisitions need to be created and approved, then I can convert into Blanket PO's with the required Federal clauses added. David 2/24/2012 City OfPURCHASE ORDER PO Number Page ///�� 9122534 3 of 8 `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Contractor mails or otherwise furnishes a written appeal to the Director of Finance. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Finance shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. DOE Requirements DOE requires specific contract terms for the purpose of making audit, examination, excerpts, and transcriptions. Contractor is required to retain all required records for three years after the City makes final payments and all other pending matters are closed. Contractor shall submit all records, data, information and reports to the City required in the Agreement containing Confidential Information which Contractor does not want disclosed to the public or used by DOE or any other Governmental Authority for any purpose other than in connection with this Agreement and the Project, marked conspicuously with the following notice or with a notice or label of substantially the same effect: " Notice of Restriction on Disclosure and Use of Data The data contained in pages ----of this [designate material] 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 DOE shall have the right to use or disclose the data here to the extent provided in the DOE Grant Agreement. This restriction does not limit the Federal government' s right to use or disclose data obtained without restriction from any source, including Contractor." Intellectual Property Contractor may copyright any work that is subject to copyright and is developed by Contractor under the Agreement. To the extent specifically permitted under applicable law. DOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use any copyrightable work developed by Contractor under this Agreement for Federal purposes and to authorize others to do so. DOE has the right to: (1) obtain, reproduce, publish or otherwise use the data first produced under this Agreement; and (2) authorize others to receive, reproduce, publish or otherwise use such data for Federal purposes. 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 912253er Page City, Of9122534 a of a Fort CThis number must appear] / Fort CollinsJ on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Debarment and Suspension Contractor shall comply with requirements regarding debarment and suspension in Subpart C of 2 C.F.R. parts 180 and 901. Officials Not to Benefit Contractor shall comply with the requirement that no member of Congress shall be admitted to any share or part of this Agreement, or to any benefit arising from it, in accordance with 41 U.S.C. 22. Civil Rights Requirements The following requirements apply to the underlying contract 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 DOE may issue. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (b) Age . In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements DOE 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 DOE may issue. C3. Oi1i�¢R s� 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 City OfCollins �� 9122534 5 of 8 `t Coll` I ns This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Subcontracts - The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by DOE, modified only if necessary to identify the affected parties. Cargo Preference Requirements To the extent required under the ARRA or other applicable law for this Project, 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 DOE recipient ( through the contractor in the case of a subcontractor's bill -of -lading.); and 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. Project Reporting and Information Requirements Contractor and its personnel shall cooperate with and provide all records, data, information and reports requested by the City, in the form and format and within the timeframes requested by the City, in order to enable the City to comply with the DOE Grant Agreement reporting and information requirements for the Project. Contractor shall also provide the City with any backup or additional documentation required by DOE or any other Governmental Authority. Final Cost Audit In accordance with Applicable Law and the Federal Assistance Reporting Checklist, DOE F 4600.2, DOE reserves the right under the DOE Grant Agreement to initiate a final incurred cost audit in connection with the City' s Project. Contractor and its personnel shall cooperate with, and make all necessary AMI System and Contractor cost data and documents available to the City and/or to any representative of DOE or any other Governmental Authority for purposes of such audit. Job Creation and Retention Reporting Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data regarding the City' s Project job creation and retention, including without limitation, monthly and/or quarterly cumulative and/or current reports, as applicable, on AMI System and Contractor Services jobs created and retained at the " contractor" or " Contractor" level by Contractor, as required for the City to comply with the Federal Assistance Reporting Checklist, DOE F 4600.2 and the ARRA Section 1512 reporting requirements under the DOE Grant Agreement. Final Close -Out Report Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data at the end of the DOE Grant Agreement performance period regarding Project completion. Contractor will complete a final close-out report which shall include such information and detail as the City, DOE or any other Governmental Authority shall request regarding the Project and Contractor services. If the AMI System and the Contractor services are completed or terminated prior to Project completion, Contractor shall provide the City with a final report of the AMI System and the Contractor services through the date of termination of this c3. or�:9-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 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 City of 9122534 6 of 8 Fort Collins ol f „s This number must appear Fort ' 1 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price " American Recovery and Reinvestment Act of 2009" Procurement Provisions: This contract is funded by the " American Recovery and Reinvestment Act of 2009" (ARRA). In compliance with the ARRA contractors and subcontractor must adhere to the following provisions: ARRA TITLE XV-ACCOUNTABILITY AND TRANSPARENCY BUY AMERICAN SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. ECONOMIC STABILIZATION CONTRACTING SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING. (a) SHORT TITLE. -This section may be cited as the " Employ American Workers Act" . (b) PROHIBITION.- (1) IN GENERAL. -Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1 B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. 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 umber Page City Of9122534 7 of a ' `t CollinsCThis number must appear {�on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (2) DEFINED TERM. -In this subsection, the term " hire" means to permit a new employee to commence a period of employment. C3. O%le�uQ � 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 8 of 8 I. COMMERCIAL DETAILS. Tom exemptinns. By statute the City of Fort Collins is esempt from state and local taws. Our Exemption Number is 11. NONWAIVER. 98-fw502. redcml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector Of Failure Of the Purchaser to insist npnn strict performance Of the terms and conditions hcrcof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), cxcrcisc are rights or remedies provided rental 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 ohhe design, xholl not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wariarlies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and rim not to be replaced except upon receipt of written purchaser in insist upon strict performance hereof or any of its rights or renmcdies ns name such goods, regardless instructions front the City of Fort Collins. of when shipped, received or neeepied. as to any prior ar subsequent default hereunder, nor shall any puryurted uml modification or rescission Of this purchase order by the Purchaser opertdc not a wvivcr of nay of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLA I MS. militarized payment on the part of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recngnire that in actual economic practice, overcharges resulting Treat antitrust ACCEPTA NC F. is dependent upon completion of all applicable required inspection procedures. violations are in fact Franc by the Purchaser. Theretofore, for good cause and as eonsidemlion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tern. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St.. Fort Collins CO 90522. unless acquired under federal or state antitrust lows for such overcharges relating to the puricular prods or services otherwise specified on this order. If pernission is given to prepay freight and charge separately, the original freight purchased or acgnirnl by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 11. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is If the Purchaser directs the Seiler to correct nonconforming or defective goods by a date to be agreed upon bra the expected from the rcmest distribution point to acstination. and excess freight will be dcdneted front Invoice when Purchaser and the Seller,and the Scllcr thereafter indicates its inability or orwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to il. and the Seller shall pay all casts associated with such work. Permits Seller shall practice at stiles sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and noes of the sum. 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 venom. Seiler father agrees to held the City of Pon 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, onlimume,. rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact. boon fide and possess fall and complete authority to bind said panics_ LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hcmin set forth and any suppleatermry or additional temp rind conditions auncxcd heron or incmgamuted herein by reference. Any additional ordifferent tents and conditions proposed by seller arc objected formal hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On you promised delivery date as noted. Time is of the cescnec. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hcrctn. No act, of the Purchasers including, without limitation, acceptance o"patial late deliveries, shall operate as a oaivcr of this provision. In the event of anv delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing This order clsewhem and holding the Seller liable for damages. However, the Seiler shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities governmental pnontics, fires, strikes, mood, epidemics, worm or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) drys of the time when the Seller first received foots ledge 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 good. r tieles, materials and work covered by this order will conform with applicable dmwings, specifications, samples and/or other description given, will be fit for the parposs intended, and performed with the highest degree of care and competence in accord ncc with accepted sundards for work of a similar nature. The Seller agrees to hold the purchaser harmless from unit loss, damage or expense which the Purchaser may suffer or incur on account of mite Sellers breach of warranty. The Seller shall replace. rcpnir 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 terns of any applicable wamante provided by the Scllcr a0er the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done Or materials furnished by the Seller. Acceptance or use of coals by the Purchnser shall not constitute a waiver crime claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hercundcr shall extend to all damages proximately caused by the breach of any of the foregoing warmatics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WAR RAN"fY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal tern by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletiore from the quantities originally ondned in the specifiwtinns or dmvyings, by verbal or written change cohn. 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 Politics of the goods then not shipped subject to any cgnitablc adjustment hetaren the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prolds on the uncompleted portion of the goods and/or work, for incidental or cnnscqucntial damages, and that no such adjustment be crude in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such tenmin,tinn shall relieve the Pmrchx cr or the Seller truly of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be asserted within thirty (30) days from the darn The change ar lermination is ordered. S. COMPLIANCE WITH LAW. The Seiler 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 Seiler shall execute and deliver such doeum ins as may be required to dTcet orcvidence compliance. All laws and reguli tons required to be incorporated in agreements of this character arc hereby incorpumod herein by this reference. The Seiler agrees in indemnify and hold the Purchaser harmless from all costs and damages suffered by that Pumhnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mmsfer, or convey this order. or any monis due or to become due hereunder without the prior written consent of the other parry. 10, TITLE. The Seller ",,am, at, full, clear and unrestricted tills to the Purchaser total] equipment, malcrill . and items Tarnished in Pcrrnnnnnec of this agreement, free and clear of any and all liens, restrictions, M.Wimi lionR security interest cncnmhmnces and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims army nature resulting from the petfonnance of mach work. This release shall apply even in Ilm even) of fault of negligence of the party relcaSd and shall extend to the directors, Orleans and employees of snch parry. The Seller's contractual obligations, including womnty, 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. %%'hear,,, the Seiler is repaired In use any design, device. material or process covered by letter, patent, trademark or copyright, the Scllcr 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 ofsuch infringement at any time during the prosecution Or After the completion of the work. In ease said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its Option. either procure for the Pnrohasea the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment. or mmlify it so it becomes mainfringing. 15. INSOLVENCY. If the Seller shall became insolveal or hnnka at, make an assignment for the hcrelit of creditors , appoint a receiver or trustee for any of the Sellers pmperty or business, this tiller may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions of terms used or the intetpretmion ofthe agreement and the rights ofall panics hereunder shall be eonstmed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply Only in cases where the Seiler is to perform work hereunder. including the services of Scllcrs Re, c'emative(s). un the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry an 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 arc famished by others for installation or erection by the Scllcr, the Seller shall receive, unload. store and handle same at the site and Imemne responsible therefor its though such materials and/or equipment were being furnished by the Seller under the order. is. INSURANCE. The Seller shall. al Iris own espanc, provide for the payment of workers compensaion. including occupatio ni disease benefits. to its employees employed on or in connection with the wok covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also tarty comprehensive general liability including. but not limited to, contractual and automobile public liability invaanm with bodily injury and death limits of at (cast S?On.Wn for any one person. S500.000 far any one accident and property damage limit per accident of S400,000. 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 raw work upon the premises of ethers. the Scllcr shall famish the Purchow, with a cenificatc that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such eertificaes shall specify the date when such compensation and insurance expires The Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is coatpleed 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 at resulting from the execution ofthc work provided Ihr in this purchase order or in ennnectiOn herewith. The Seller will indemnify and hold harmless the Percha.mr and any or rill of the Purchasers affic,m. ,gents and employees form and against any and rill elnims, losses. damages. charges or expenses whether direct or indirect, and whether to persons or property to which the Purchaser cony be put or subject by reason of any act, action, neglect, omission or default on the part of the Seiler, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be Fraught against the Purchaser, ar its officers, agents or employees at any litre on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or am' of its nr 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, a0omcys fcs and other expenses. any and all judgments that may be meant by or obtained against the Purchaser or any of its or their officers. agents or employees in such .suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, unsaid panics in or as a result of such suits or other porccedings. the Seller will at once cause the same to he dissolved and discharged by giving hand or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary, for the prevention of accidents. comply with all laws and regulations with regard to safety including, bill without limitation, the Occupational Surelyand health Act of 1970 and all mlcs and regulations issued pursuant thereto. Roiled 03/2010 EPLS Search Results Page 1 of 1 Exclitd'ed Parties; List, System� Search Results Excluded By Firm, Entity, or Vessel : Vision Graphics State: COLORADO as of 30-Apr-2012 8:03 PM EDT Your search returned no results. https://www.epls.gov/epls/search.do?full name=Vision+Graphics&status=current&state=... 4/30/2012