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HomeMy WebLinkAbout134029 ALPHAGRAPHICS - PURCHASE ORDER - 9122533City of �,.F.�o_rt Collins PURCHASE ORDER Date: 05/01/2012 Vendor: 134029 ALPHAGRAPHICS 115 E HARMONY ROAD SUITE 220E FORT COLLINS Colorado 80525 PO Number Page 9122533 'of8 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST 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 Poster Mounting (ARRA Funded) for Advanced Meter Project. 1 LOT LS 2,000.00 Poster Mounting Services for Project related Posters 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 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 SUMMARY Mailing, Printing & Special Printing Services for the Utilities Advanced Meter Project. Date: 02/ 00/12 Printing Services Sizes, Specs and Quantities: Per Quote RequesLdated 0/12 — Vendor Quantity Vision Graphics Posters Offset Price/100 Soo Price/100 1,000 Price/100 2,500 Price/100 5,000 Price/100 10,000 Price/100 25,000 Meets Specs Y/N Delivery 11 x 17 No Bid No Bid No Bid n/a n/a n/a 24 x 36 No Bid No Bid No Bid n/a n/a n/a Digital 11 x 17 No Bid No Bid No Bid n/a n/a n/a 24 x 36 No Bid No Bid No Bid n/a n/a n/a Mountain Media Posters Offset 11 x 17 24 x 36 $59.60 No Bid $36.00 No Bid $22.16 No Bid n/a n/a n/a n/a n/a n/a Y Y 3-5 Bus. Da s 3-5 Bus. Davs Digital 11 x 17 24 x 36 $57.20 No Bid No Bid No Bid No Bid No Bid n/a n/a n/a n/a n/a n/a Y Y 3-5 Bus. Days 3-5 Bus. Days Vendor Quantity Price1100 500 Price/100 1,000 Price/100 2,500 1 Price/100 5,000 Pricef100 10,000 1 Price/100 25,000 Meets Specs Y/N Delivery Pioneer Press Posters Offset 11 x 17 "* 24 x 36 $100.00 No Bid $52.50 No Bid $24.00 No Bid n/a n/a n/a n/a n/a n/a Y Y 5-7 da s 5-7 da s Digital 11 x 17 No Bid No Bid No Bid n/a n/a n/a 24 x 36 No Bid No Bid No Bid n/a n/a n/a ***PRINTING ONLY - 60# Offset Stock Color Pro Posters Offset 11 x 17 *** 24 x 36 $35.22 No Bid $17.61 No Bid $11.24 No Bid n/a n/a n/a n/a n/a n/a Y 3-5 Bus. Days Digital 11 x 17 *** 24 x 36 *** $20.00 $480.00 $17.61 $240.00 $17.61 $96.00 n/a n/a n/a n/a n/a n/a Y Y 1-2 Bus. DaVs 1-2 Bus. Da s ***PRINTING ONLY Vendor Quantity Price/100 500 Price/100 1,000 Price/100 2,500 I Price/100 5,000 Price/100 10,000 Price/100 25,000 Meets Specs Y/N Delivery AlphaGraphics . Posters Offset 11 x 17 "' 24 x 36 $45.78 $190.29 $26.65 $105.35 $16.29 $54.71 n/a n/a n/a n/a n/a n/a Y Y 3-5 Bus. Davs 3-5 Bus. Days Di ital 11 x 17 *** 24 x 36 *** $45.24 No Bid $38.93 No Bid $31.81 No Bid n/a n/a n/a n/a n/a n/a Y 1-2 Bus. Days ***PRINTING ONLY- Add $4.25 (11x17), $19.50 (24x36) each for mounting. Vendor Quantity Price/100 500 Price/100 1,000 Price/100 2,500 Price/100 5,000 Price/100 10,000 Price/100 25,000 Meets Specs YIN Delivery Citizen Printing Posters Offset 11 x 17 $88.00 $46.00 $22.00 n/a n/a n/a ? 24 x 36 $46.00 $29.00 $21.00 n/a n/a n/a ? Digital 11 x 17 $42.00 $38.00 $36.00 n/a n/a n/a ? 24 x 36 No Bid No Bid No Bid n/a n/a n/a ? Page 1 of 1 David Carey From: Matt Brunner [mbrunner@alphagraphics.comj Sent: Tuesday, February 21, 2012 3:55 PM To: Diana Royval Cc: David Carey Subject: RE: bid clarifaction The price would be the same as I bid on — assuming it's just for the mounting. Is that what you are asking and if so, does that make sense? Regards, Matt Brunner Account Representative AlphaGraphics#US480 Office: 970-223-6316 Cell: 970-214-0151 mbrunner@alphagra hip cs.ccm us480.alphagraphics.com Thank you for your business. From: Diana Royval [mailto:DROYVAL@fcgov.com] Sent: Tuesday, February 21, 2012 2:22 PM To: 'mbrunner@alphagraphics.com' Cc: David Carey Subject: bid clarifiaction Hello Matt, I'm looking for clarification on the bid you submitted earlier this month for poster printing and mounting. Is the cost of mounting the posters tied in with your price to print them? It appears the bid you submitted was for printing only and you listed an additional cost of $4.25 (for 11 x 17 inches) and $19.50 (24 x 26 inches) each for mounting. If we plot posters in-house and have you dry mount them only, what is the charge for both sizes? Thank you, Diana Diana Royval Outreach is Education Manager Fort Collins Utilities Fort Collins, CO (970) 221-6214 droyva (9fcgov.com 5/1/2012 l�v ► !�� / ►J /r- I alphagraphics (� DESIGN • COPY • PRINT � COMMUNICATE AlphaGraphics #480 115 E. Harmony Road Suite 2208 E-Estimate City of Fort Collins PO Box 580 Fort Collins CO 80522 Phone:970-221-6692 Ft. Collins, Colorado 80525 (970)223-6316 rk� Doc No. Date E#17670 2/3/2012 Customer P.O. i Mounting only - 11 x 17 per (doesn't include printing), 11 x 17 4.25 1 Mounting only - 24 x 36 per (doesn't include printing), 24 x 36 19.50 Taken by: Matt Account Type: Charge Account Thank you for the opportunity to earn your business. Our prices are competitive with those who use the same quality materials and equipment. Subtotal This Estimate is subject to verification of artwork and materials- If your Estimate is older than 30 days, we will provide you with a new Estimate. Tax Shipping Total City F6Collins ` Purchasing Vendor Name: �pV.uptru ICS Date: January 30, 2012 REQUEST FOR QUOTATION Financial Services Purchasing Division 215 N. Mason St. 2n' Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707. fax Icgov, corn/purchasing The City of Fort Collins is seeking bids from qualified vendors for Mailing, Printing & Special Printing Services for the Utilities Advanced Meter Project. Please supply price and delivery information per the below referenced specifications Respond by February 3, 2012 via fax or email to: David Carey, CPPB, Buyer, City of Fort Collins Purchasing at Fax: (970) 221-6707, Email: dcarev(c�fcoov com . Questions concerning the specifications should be directed to Diana Royval, Outreach & Education Manager, City of Fort Collins Utilities, at (970) 221-6214 or droyval(D)fcoov com . Questions regarding bid submittal or process should be directed to David Carey, CPPB, Buyer at (970) 416-2191 or dcarey anfcoov com . City's preference is to award each bid group in its entirety. However, the City reserves the right to select bidders of each group in any combination that is in the best interest of the City. The City reserves the right to accept or reject all quotes. The City of Fort Collins reserves the right to use this bid for like or similar printing jobs. 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. Page 1 of 12 Specifications Mailing Services: • Postcards - 4 x 6 inches to 8.5 x 5.5 inches — various quantities • Newsletters — 8.5 x 11 inches to 11 x 17 inches - quantities TBD • Letters —folded, in envelopes Mailing lists to be provided digitally by Utilities. All to be sorted, addressed, and postage paid by vendor. Three (3) day to one (1) week turnaround time required, depending on quantities. Vendor needs to confirm ability to meet turnaround time. As quantities will vary, please provide quotes per 100 pieces for printing and mailing services. Special printed items as noted on Bid Form, Printing Services: • Postcards — 6 x 4 inches to 5.5 x 8.5 inches, color, matte cardstock, printed both sides (sample template attached) Quote each for digital and offset printing and turnaround delivery time. • Posters — 11 x17 inches to 24 x 36 inches, plotting and mounting (foam core or cardboard, laminated) or mounting only. • Door hangers — 4.25 x 11 inches, quantities vary — color — both one and two sided, cardstock. Quote for digital printing and delivery turnaround. • Newsletters — 8.5 x 11 inches to 11 x 17 inches (sample template attached) — printed both sides, 80# FSC white matter paper, bleeds, full color. Quote each for digital and offset printing and turnaround delivery time. • Various flyers, handouts — 80# text, matte or glossy, two sided, size ranges 4 x 9 inches to 8.5 x 11 inches (sample template attached). Quote each for digital and offset printing and turnaround delivery time. • Bill inserts - ranging in size from 3.67 x 8.5 inches (sample template attached) to 7.34 x 8.5 inches, 70# text, white, matte, FSC paper. Quote for offset printing and delivery turnaround. Note: would like quotes for digital as well as offset printing. Postcards, door hangers and other small run jobs can be printed digitally. Larger quantities and items such as newsletters and bill inserts will only be offset printed. As quantities will vary, please provide quotes per 100 pieces for printing and mailing services. Special Printing: • Magnetic or vinyl vehicle identification signs. Approximately 18 x 24 inches. (quantity: 15-20) • Retractable vinyl banner — free standing w/carrying case— approximately 28 x 55 inches. (quantity: 1 or 2) As quantities will vary, please provide quotes per Bid Form for prep, printing and shipping. Delivery Address: (For printed and special items) City of Fort Collins Utilities, 700 Wood Street, Fort Collins, CO 80521, or Mailing Services Provider address. Page 2 of 12 BID FORM I Q Job Name: Printing Services I&Se S� �,� `�✓ S1 Item hp� Quantity 500 1,000 2,500 5,000 !0,000 25,000 Quote per 100 (Offset and/or Digital) Postcards — Offset 6 x 4 inches $ 5.5 x 8.5 inches S - Digital 6 x 4 inches $ 5.5 x 8.5 inches $ Posters — Offset 11 x 17 inches $ (Only up to 2,500 qty.) 24 x 36 inches $ (Only up to 2.500 qty.) - Digital 11 x 17 inches $ (Only up to 2,500 qty.) 24 x 36 inches $ (Only up to 2 500gtv ) Door Hangers —Digital Only 4.25 x 11 inches Newsletters — Offset 8.5 x 11 inches S — Digital 8.5 x 11 inches S Various Flyers/Handouts - Offset 4 x 9 inches $ 8.5 x 11 inches $ - Digital 4 x 9 inches $ 8.5 x 11 inches S Bill Inserts - Offset Only 3.67 x 8.5 inches $ (Start at 5,000 qty.) 7.34 x 8.5 inches $ (Start at 5.000 qty.) Page 3 of 12 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.xls; Advance Meter Project Printing Services NEWSLETTER Quote Summary 4.xls; Advance Meter Project Printing Services FLYERS HANDOUTS Quote Summary 5.xls; 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.xls 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 c1�2 2 �3 f ➢ Posters: Color Pro ➢ Poster Mounting Only: AlphaGraphics — �, p_ # Cr/2 ?, 5-3 3 ➢ Newsletters: Color Pro. Price should include FSC stock per specifications since they said they complied. — Pa. 4 ' 9iz 2 531 ➢ Various Flyers, Handouts: Color Pro - �• b. 9/R�53C ➢ Bill Inserts:-@o}ori' a{Quoted 80# stock, can provide 70#). Price should include FSC stock per specifications since they said they complied. - j?p �,` v��iPN �R�t�F�cs Mailing Services: United Mailing - P p Gf/ 22 53 2 Special Printed Promotional Items: SIGNARAMA P D. / 9/22J 3S 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 of F,.�or_t Collins PURCHASE ORDER PO Number Page 9122533 2 of 8 This number must appear 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 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 PURCHASE ORDER PO er Page City OfCollins912253122533 3 of 8 `t CThis 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. 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 PURCHASE ORDER PO Number Page City of 9122533 a of a Flirt Collins This number must appear ,�_,J`,- ` ` 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. U 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 Of 9122533 5 of 8 `t This number must appear Collins1 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 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 PURCHASE ORDER PO Number Page City Of 9122533 6 of 8 Collins ns This number must appear Fort ,fit-J`-' ` " J 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)(1 5)(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. U 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 ��� 9122533 7 of a t Coll` I ns This 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. 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tema and Conditions Page 8 of 8 1. COMMERCIAL DETAILS. Tax exemptions. Ily damn• the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04501 Federal Excise Tax Exemption Certificate of Registry R4-60110587 is registered with the Collector of Internal Revenue. Denver. Colorado (Rd. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specificatinns, either when shipped or due to defects of damage in transit, mnv be extracted to you for credit and arc not to be replaced except upon receipt of written instructions fmm the City of Fort Collins. Inspection. GOODS arc subject to the City ofFort Collins inspection ou arrival. 11. NONWAIVBR. Failure of the Purchaser to insi.a upon strict performance of the term and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design. shall not rcleese the Scllcr of any of the wnmaties or obligations of this purchase order and shall net he deemed a waiver of any right of the purchaser to insist upon.strict Performance mmuforam' of its rights or remedies as to mo, such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral mrdiftcztion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hcreef. Final Acceptance. Receipt of the meremmi cc, scrviccs or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Too Collins. Hoavver, it is to be understood that FINAL Seller Ind the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Scllcr hcrcby assigns to the Purchaser any and all claims it may umv have or hereafter Freight Terms. Shipments must be F.O.H., City of Fen Collins. 700 Wood St, Fnn Collins CO R052'_, anlec acquired tender federal or state antitrust Imvs for such overcharges relating to the paniculat goads or service otherwise spcci Red on this order. If permission is gircn to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manuftchtrcrs have distributing points in anims pans of the country, shipment is If the Purchaser directs the Seller In correct nonconforming or defective goods be a date to be agreed upon by the expected from the nearest di,aributlon point to destination, and excess freight will be deducted front Invoice when Purclaser and the Seller, and the Seller therea Rer indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious mends aroilable to it, and the Scllcr shall pay all costs associated with such work. Permit. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regrdntions, ordinances and odes of the state, municipality, mrdtory 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 farther agrees to hold the City of Fon Collins hamdcc from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles and requirements. Authorization. All panics to this contract agree that the representatives are, in fact bona fide and possess full and complete authadty to bind said parties. LIMITATION OF 'PERMS. 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 sellerme objected round hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou 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 ofpanial late deliveries shall operate as a wniver of this prevision. In the cvenl 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 damage, as a result of delays due to causes not reasonably foreseeable which arc beyond its masonabic control and without its fault ofnegligcnec. such act of God, net of civil or military authorities governmental priorities, fires. strikes. Rend, epidemics. wars or riet 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 know I,dgc thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time rectally lost by reason of the delay. 3, WARRANTY. The Seller wamnts that all good,, articles, aincrials 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 cam 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 mnv surfer or incur on account of the Sellers breach of..aiv. The Seller shall replace, repair or mks good, withom ens, to the purchaser. any defects or faults arising within oa (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty pmvidcd by the Seller a0cr the date of acceptance of the goods fumished hereunder (ecaeptnnce not to he unreasonably delayed), resulting Form imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except n, otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages pmsionely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of prefits or loss cruse NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions In or deletions firm the gnantitics originally owlemd 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 n lnoonent shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrincn change order. terminate this agreement as to any or all portions of the goads then not shipped. wItjcet to any equitable adjustment between the panics as to any work or materials then in pmgmsa pmvidcd that the Purchaser shall not be liable for any claims for anticipated profit 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 rends which arc the Scllcrs standard stock. No such termination shall relieve the Porchascr Or the Scllcr ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Anv claim for adjustment mast be asserted within thim (10) days from the date the change or lamination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hacunder shall hire been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be rcquimd In effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc 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 is a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, namfer. or convey this order, or any monies due or to became due hereunder without the prior written consent of the other party. I O. TITLE. The Seller watmnt fall, clear and unrestricted title In the Purchaser for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions rcscn:mions. security interest encumbrances and claims of others. The Seller shall release the Porchascr and its contractors of any tier fmm all liability and claims of any nature resulting fmm the perfomancc ofsaeh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRccrsand employees of such party. The Seller's contmetud obligations, including warranty, shall not he deemed to be reduced. in any way, because on,h weak is perforated or caused to be performed by the Purahnncr. 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 Tom 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 coal, expense or damage which it may be obliged In pay by reason of inch infringement at any time during the prosceution or aRcr the completion of the work. In ease 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 pan is enjoined, the Seller shall, at its own cxpcnsc and at it, option, elrhCr pmcurc for the Porchascr the right to continue using said egnipmcut or parts, replace the same with substantially equal but nnninfringing equipment. or modify it so it becomes nnninfringing. 15. INSOLVENCY. If The Seller shall become insolvent or bankrupt make an assignment for the bcacfil of creditors, appoint a receiver or trounce for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrnrs used or the ingnmetation ofthe agreement and the rights efall panics hereunder shall be eon.slmcd under and governed by the Imes ol'the State of Colormfo, USA. The following Additional Conditions apply only in cases whore the Seller is to perform work hereunder. including the scrviccs of Sellers Repecsentmive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shill carry on said work at Scllcrs oxen risk until the same is fully completed and accepted, and shall. in case of any accident, detraction or injury to the work and/or materials before Seller's front completion and acceptance. complete the work at Seller's own expense and to the satisfaction of the Purehnscr. When materials ntd 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 0arkhtcd by the Scllcr under the order. IR. INSURANCE. The Seller shall. at his own cxpcnsc, provide for the payment of workers compensation. including occupational disease benefits, to it employees employed on or in connection with the work cos'eml 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 automnbile pnbfie liability rnwaancc win, bodily injury and death limit of tit least 5300.00) for any one person, 5500.000 for any one accident and property damage limit per accidaat of 5400,000. The Seller shall likewise require his contractors, it any, to provide for such compensation and insurance. Iterate any of the Scllca or his contractors employees shall do any work upon the premises trotters. the Seller shall famish the Purchaser with a ccnificate that such ccc peaaation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall speci( the date when such compensation and insurance expires. The Selleragrees that such compensation and insurance shall be maintained until after the entire ,sack is completed and accepted. - 19. PROT17CTION AGAINST ACCID17NTS AND DAMAGES. The SCIICr herchv assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature w1,.T,ocvcr to persons or property caused by ore resuhing from the execution ufthe work m wided for in this purchase enter or in connection herewith. The Seller ,ill indemnify and hold hamdess the Purchaser and any or all of the Purchasers oRccrs, agents and emplevecs front and against mnv and .III claims, Ira .%cs. 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 net action, neglect, tunission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other poeeedings shall be brought against the Purchaser. or its officers, agent or employves st 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 Ahcir officers, agents or employees is aforesaid. the Seller hereby agrees to assume The defense thereof and to defend the tome tit the Sellers own cxpnwc, to pay any and all costs, charges, attorneys Ica 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 ease 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 procemings. the Seller will at once cause the same to be dissolved and discharged by giving brand or otherwise. The Scllcr and his commuters shall take all safety precautions. famish and install all guards necessary for the pm%cntion of accidents comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safey and Health Act of 1970 and all rules and regulations issued pursuant thereto. Rcviscd 03/201n EPLS Search Results Page 1 of 1 r ) EI'L IJ) _ ____ . _ __ _ _Excluded Partes;Liso S,ystem_— Search Results Excluded By Firm, Entity, or Vessel : Alphagraphics State: COLORADO as of 30-Apr-2012 8:04 PM EDT Your search returned no results. https://www.epi s.gov/epls/search.do?ful l_name=Alphagraphics&status=current&state=270... 4/30/2012