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Home My WebLink About289879 UNITED MAILING - PURCHASE ORDER - 9122532City of � F,.6rt Collins PURCHASE ORDER Date: 05/01/2012 Vendor: 289879 UNITED MAILING 4221-B S MASON ST FORT COLLINS Colorado 80525-5964 PO Number Page 9122532 1of8 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 Estimated Postage(ARRA Funded) for Advanced Meter Project 1 LOT LS 15,000.00 Estimated Postage for Project related mailings of Postcards and Newsletters as requested. Mailing lists to be provided digitally by Utilities. All pieces to be sorted, addressed, and postage paid by vendor. 2 Mailing Services (ARRA Funded) for Advanced Meter Project. 1 LOT LS 5,000.00 Mailing Services for Project related Postcards and Newsletters as requested. Mailing lists to be provided digitally by Utilities. All pieces to be sorted, addressed, and postage paid by vendor. Specifications, Quantities, and Turnaround Times 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. 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: 12/06/12 Mailing Services Sizes, Specs and Quantities: Per Quote Request dated 01/30/12 Vendor: Mountain Media Color Pro Price/100 Meets Specs Delivery Min Price/100 Meets Specs Delivery Min YIN Qty. Y/N Qty. Item Size Postcards 6 x 4 $35.50 Y 3-5 days 100 $24.23 Y 1-2 days 500 5.5 x 8.5 $50.00 Y 3-5 days 100 $25.53 Y 1-2 days 500 Newsletters 8.5 x 11 $95.00 Y 3-5 days 100 $30.53 Y 1-2 days 500 11 X 17 No Bid n/a n/a No Bid n/a n/a n/a Letters, Folded, Inserted into #10 Envelope (provided by Utilities.) 8.5 x 11 1 $10.00 3-5 days $35.98 1-3 days $60.00 List ProcessingFee Per Fulfillment Job *Prices assuming `De ends on volume they print. I I I I I I Vendor: AlphaGraphics United Mailing Price/100 Meets Specs Delivery Min Price/100 Meets Specs Delivery Min Y/N Qty. Y/N Qty. Item Size Postcards 6 x 4 $12.70 Y 2-3 days 1,000 $3.50 Y 3 days 1500 5.5 x 8.5 $12.70 Y 2-3 days 1,000 $3.50 Y 3 days 1500 * Prices lower if qtys. over 1,000 $55 Min Order Newsletters 8.5 x 11 A$55 $17.80 Y 3 days 1500 $6.00 Y 3 days 1000 11 X 17 $20.80 Y 3 days 1500 $7.00 Y 3 days 750 *Fold & Tabs. Min Order *Must be thinner than .009 Prices lower if qtys. over 1,000 Letters, Folded, Inserted into #10 Envelope (provided by Utilities.) 8.5 x 11 $16.65 Y 2-3 days 1000 $5.00 Y 3 days 1300 (Inserting only) ($65 Min Order) 8.5 x 11 $19.80 Y 2-3 days 1000 Insert & Seal All prices before postage. iwfNN)NG- BID FORM Job Name: Mailing Services Item Price per 100 Delivery Min Qtv Max Qty. Turnaround Postcards — 6 x 4 inches $ $55.00 minimum order $0.035 ea. (Plus Postage Costs) 3 day turnaround 5.5 x 8.5 inches $ $55.00 minimum order $0.035 ea. (Plus Postage Costs) 3 day turnaround $55.00 minimum order $0.06 ea. (Plus Postage Costs) includes tabbing Newsletters — 8.5 x 11 Inches $ 3 day turnaround $55.00 minimum order $0.07 ea. (Plus Postage Costs) includes tabbing — 11 x 17 inches $ includes folding 3 day turnaround A — Letters, Folded, Inserted into #10 Envelope (provided by Utilities.) }�G - 8.5 x 11 Inches $ $65.00 minimum order $0.05 ea. (Plus Postage Costs) 3 day turnaround Prices must include sorting, addressing and postage. exl: Postage ranges between $0.242 - $0.278 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. United Mailing Vendor Name: 49o1 c Mason cr 970 267-3535 umailingggwestoffice.net Address: Bryan Ray Telephone #. Respondent Name: (Please Print) Email: Title: By: Date: (Signature) Page 5 of 12 02/03/2012 10:34 FAX 9704933598 31OUNTAIN D[EDIA LAB BID FORM Job Name: Mailing Services Item Price per 100 Delivery Min, Qty. Max. Qtv. Pp-rf- Turnaround 0 Postcards — 6 x 4 inches $ �� 5 ) O0 oQ 5.5 x 8.5 inches $ Newsletters — 8.5 x 11 inches $ — 11 x 17 inches $ NIA Letters, Folded, Inserted into #10 Envelope (provided by Utilities.) - 8.5 x 11 Inches $ C) 3 s Prices must include sorting, addressing and postage. p O U sdkS51nc�C 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: Telephone #: 570 "TEmail: �Jr i/> 2 iil— V6e:P l4 - La's Respondent Name: Title: (Please Print) �/j� �^ By: i—% V Dater (Sigr�ree) Page 5 of 12 02/03/2012 16:55 FAX 9704821593 COLOR PRO Zoos Job Name: Mailing Services BID FORM Price Der 100 VA-eqm,, q P-Ae et/511 Turnaround Postcards — 6 x 4 inches $ C'71Z Ll-wc .'500 AA4 5.5 x 8.5 inches $ oZS 55 J _Z a Soo fl/09 Newsletters — 8.5 x 11 inches $ J�O 53 � k,�r Soo /M s +a6 — 11 x 17 inches $ 30 1—Z d4 Sop IM molded +o le-hr raft. Letters, Folded, Inserted into #10 Envelope (provided by Utilities.) - 8.5 x 11 Inches $ -5 98 bt d s u Prices must include sorting, addressing and postage/ loosfo�ya is AuScd on S cly�'f maTCAi P/'cso�t ,�%! terns 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 � ,On (/Ol�in7� r uiGVfIK _. g'tYS 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. 157 Vendor Name: CQ/U/ / e-0 _ Address: Telepnor. ere/" Respondent name: &ak 'I itle: (Please Print By: �� Date: % �Z (Signature) —.-.— _....._..__. Page 5 of 12 :. .-y, Job Name: Mailing Services Postcards — 8 x 4 inches $ $55.00 minimum order $0.035 ea. (Plus Postage Costs) 3 day turnaround 5.5 x 8.5 inches $ $55.00 minimum order $0.035 ea. (Plus Postage Costs) 3 day turnaround $55.00 minimum order $0.06 ea. (Plus Postage Costs) includes tabbing Newsletters — 8.5 x 11 inches $ 3 day turnaround $55.00 minimum order $0.07 ea. (Plus Postage Costs) includes tabbing — 11 x 17 inches $ includes folding 3 day turnaround Letters, Folded, Inserted into #10 Envelope (provided by Utilities.) - 8.5 x 11 Inches $ $65.00 minimum order $0.05 ea. (Plus Postage Costs) 3 day turnaround Prices must include sorting, addressing and postage. FYI: Postage ranges between $0.242 - $0.278 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. United Mailing Vendor Name: 4J21 F Mason of 970 267-3535 umailing®gwestoffice.net Address: Bryan Ray Telephone #: Respondent Name: (Please Print) By: (Signature) Email: Title: Page 5 of 12 Date: BID FORM SI ee- C--t, Job Name: Mailing Services she+ Item Price per 100 Delivery Min. City. Max. Qty. k( 6ej,,v-- �oi �-Turnaround Postcards - 6 x 4 inches $ 2, +o Z .3 S (SOU W 1no k rcT c 5.5 x 8.5 inches $ Z. Newsletters - 8.5 x 11 inches I $ 1=atd ..s b-�'PJ - 11 x 17 inches $ FvLA -� -6,6 Letters, Folded, Inserted into #10 Envelope (provided by Utilities.) - 8.5 x 11 Inches $ 16, 65 $ )C1.130 Prices must include sorting, addressing and postage' r-4-1r. 4 Qa(� 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: See 40ve 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: AIIF, Y r,pkI <-S Address: i (S E. 14v�ww+,j iZo,+ A, tkZZ', fG f a j—�l) ^sy C-O 9W?-5- Telephone #: 9?v - Zz3 63f6 Email: W.yr Respondent Name: Me-4- Title: (Please Print By: _L!/ Date: 1-1 V Z (Signs ure) ` �? �I2ose M ��r�je� rv.r.s�vv--er- Lao6) 'I -lilt tP ce-;VC Page 5 of 12 alpnographicso DESIGN • COPY • PRINT - COMMUNICPTE City of Fort Collins PO Box 580 Fort Collins CO 80522 Phone: 970-221-6692 AlphaGraphics #480 115 E. Harmony Road Suite 220E Ft. Collins, Colorado 80525 (970) 223-6316 Postage Range - Bulk rate presort standard (Postcard) $.242 to $.278 Postage Range - Bulk rate first class (Postcard) $.229 to $.255 Postage Range - Bulk rate presort standard (Newsletter) $.242 to 5.278 Postage Range - Bulk rate first class (Newsletter) $.35 to $.404 Postage Range - Bulk rate presort standard (#10 Envelope) $.242 to $.278 Postage Range - Bulk rate first class (#10 Envelope) 5.35 to $.404 Taken by: Matt Account Type: Charge Account E-Estimate Doc No. E#17674 Date 2/3/2012 Customer P.O. 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 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.x1s; 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.xls; 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 5 3 ➢ Posters: Color Pro ➢ Poster Mounting Only: AlphaGraphics — F),p, '* C//2 ? 53 3 ➢ Newsletters: Color Pro. Price should include FSC stock per specifications since they said they complied. pd. 9/a253/ " ➢ Various Flyers, Handouts: Color Pro b. 4' 9/,�2,S-3C ➢ Bill Inserts: GelerPIo (Quoted 80# stock, can provide 70#). Price should include FSC stock per specifications since the sgete7ried. - PV/S149' g` 913 Mailing Services: United Mailing - p p # g/ 22 53 2 Special Printed Promotional Items: SIGNARAMA P. �, 7' 9/22535- 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 Fort Collins /�1^� PURCHASE ORDER PO Number Page 9122532 2 of a This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 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 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9122532 3 of 8 ' `t Collins O`I I I ns This number must appear {� on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 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." Cam, C3. Oi'le,-a2� 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 CI�/ Of 9122532 4 °f e ortColli„s This number must appear ` ' 1on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. 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 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 Accounting Department City of Fort Collins Purchasing, PO BOX 580. Fort Collins, CO 80522-0580 PO Box 580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of9122532 5 of 8 F6r} CollinsCThisnumbermustappear ,�—,J`-' ` ` J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. 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. Close -Out 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///�� 9122532 6 of 8 ort Collins This number must appear F /_I!``�J`, ` ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 Agreement. " 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 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 City Of PURCHASE ORDER PO Number Page 9122532 7 of a `t This number must appear Collins1 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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)(1b)) 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. (2) DEFINED TERM. -In this subsection, the term " hire" means to permit a new employee to commence a period of C3. O✓la:sQ JJ� 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 8 of 8 L COMMERCIAL DETAILS. Tax exemptions. Hy stamtc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-114502. Federal Excise Tax Exemption Cenifcate of Registry 84-OW587 is registered with the Collector of Internal Revenue, Denver, Colomdo (Re F. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped metric to defects of damage in transit. may be returned to von for credit and arc not to be replaced except upon receipt of written instructions from the City of Fon Collins. Inspection. GOODS aresubject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to exercise any rights or remedies provided hcrcin or by Ina, failure to promptly notify the Seller in the event of n breach, the ncceryacc of or payment for goods hereunder or approval ofthc design, shall not release the Scllcr of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hermf or any of its rights or remedies as many such goods, regardless of when shipped, received or accepted, as to any print or subsequent default hereunder, nor shall any purported ram] nmdifeation or rescission of this purchase order by The Purchaser operate as a waiver of any of the terms hermf. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Howcver, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for grad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it True now have or hereafter Freight Tcros. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the panieulnr goods or services othcnrise specified on this aide,. If permission is given to mcpay freight and charge separately, the original freight pnrchosed or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goads by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted ratio Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments ore made fmm greater distance, may cause the work to be performed by the most expeditious meats mailable to it, and the Seller shall pan all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary pemhiR. certificates and licenses required by all applicable laws, regulations ordinances and rates of the state, municipality, territory or political aabrlirision mhcrc the work is perforated. or acquired by any other duly constituted public authority hmingprisdiction over the work of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asscrual or established violation crony such laws, regulations, ordinances, rules and requirements. Anihorization. All panics to this contract agree that the representatives are, in fact, bona fide and presses full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxpresly limits acceptance to the terms and conditions stated hcrcin set forth and any supplementary or additional toms and conditions annexed hereto or incepican al herein by reference. Any additional or different tears and conditions purposed be seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdintcly ifyou cannot make complete shipment to amvc on your promised delivery date as noted. Time is of the essence. Delivery, and performance must he effecter within the time stated on the purchase order and the documents attached hereto. No acts of the I'mchacrs including, wi that limitio nn, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option of placing this order elsewhere and holding the Seller liable for damages. however, the Seller shall not be liable for damages as a result of delays due to causes ram reasonably foreseeable which arc beyond its rcmonable control and without its fault of negligence. such acts of Gad. act, ofcivil or military authorities. gmemme tal priorities. fires, strikes Bond, epidemics, wars or rims provided that notice of the conditions causing such dclav is given to the Purchaser within five (5) days mf the time ahrn the Seller first received knowledge thereof. In the event orally such delay. The date of dclis'cry shall be cxtanded for the period equal to the timeactually lost by reason of the dclay. 3. WARRANTY. The Seller w'mmnts that all gads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for The rnrpases intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for mark of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which file Purchaser may suffer or incur on account of the Sellers breach unworn nty. The Seller shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty rankled by the Seller a0cr the date of acceptance of The goods famished hereunder (acceptance not to be unreasunnbly delayed), resulting from imperfect or dcfcmiac work done or materials famished by the Seller. Acceptance or use of gods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. The Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of The foregoing warranties or ghmmmms, but such liability shall in ran event include lass ofpro5ts or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tans by written change order. 5. Cl IANC ES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terns, including additirns to or deletions fmm the quantities originally ordered in the spceificainm ar drawings, by vethal m written chnngc order. If any such change affects the amount due or the time of acrfomhanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mmiaate this agreement as to any ar all Portions of the pads then net shipped. subject to any equitable adjustment between the panics is to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any galls delivered heramder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable Imes and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required In effect or evidence compliance. All laws and regulations required To be incorporated in agreements of this character arc hereby incorporated hcrcin by this reference. The Seller agrees to indemnify and hold the Purchaser handess from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure in comply with such law. 9. ASSIGNMENT. Neither pony shall assign, Transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of file other party. 10. TITLE. The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in Performance of this agreement. free and clear of any and all liens, restrictions, reserrations security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any Her from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fnn1T of negligence of the party released and shall extend to the directors, omcert. and employees ofsuch pony. The Seller's contraction] obligations, including mamnrv, shall not be deemed to be reducaL in anymay. because such mark is perfumed or caused to be performed by the Purchaser. 14. PATENTS. 'A'henwcr the Seller is required to nsc any design, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save hnrmless 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 rotary cost, expawc or dmmrgc which it may be obliged to pay by reason of such infringement at any time during the prosecution or abler 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. rat its own expense and of its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but no unfringing equipment. or madifv it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purcloncr without liability. 16. GOVERNING LAW. The definitions oftcros used or the interpretation Turbo agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Calomdo, USA. The alloming Addoinnal Conditions apply only in eases where the Seller is In perform work hereunder, including the services of SCBcrs Rcprcscatalive(s), ran the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on .said work at Scllcrs oxen risk until the sate is fully completed and accepted, and shall, in Case of any accident destruction ar injury to The work and/or materials before Sellcr:s final completion and acceptance, complete the work at Scllcrs can expense and to flaw satisfaction of the Purchaser. When materials and equipment arc famished by others for installnum or erection by the Seller. the Seller shall receive, unload. store and handle same at the site and become respausible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE The Seller shall, at his men expense. provide for The payment of workers compensation, including occupational d isense benefits, to its employees cntplayed on or in eon rection with the work covered by Ih is purchase order, andlor In their dependents in recondaacc with the Inwrs of the state in which the work is to he dare. The Seller shall also carry camprchensive general liability including, but not limited to, contractual and monambile public liability insurance with bodily injury and death limits of rat least S300.000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, irony. to provide for such compensation and insurance. Before am, of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall famish the Purchaser with a cliff that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance .shall be maintained until afcr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. T'he Seller hcrchy assumes the entire re,pansihility and liability for any moral) damage, loss or injury ofarty kind or nature wh.t,m%cr to persons or property caused by or resulting from the execution of the work provided for in this purchase under or in connection herewith. Tlie Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees form and against no, and all claims, losses, damages, charges or espense.s. whether direct or indirect and whether to persons or property to which the Purchaser may he pm or subject by reason of any act, action. neglect omission or default on the part of the Seller, any of his contractors or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees moray It on account or by reason of any act, action, neglect, amission or default of the Seller of any of his contractors many of its or their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thcrcof and to defend the came at the Sellers own expense, to pay any and all costs charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other Iicn be placed upon or obtained against the property of the Purchase, oar said ponies in at as a result of such suits or other proceedings. the Seller will at once cause the saw to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety prceautimn, furnish and instal) all guards necessary far the prevention of accident,. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and rcaulations is ued pursuant tbcTctn. Revised 03/2010 EPLS Search Results Page 1 of 1 I_I,PL,S�-- - ---- - - - -- Excltdedi Parties; List System, Search Results Excluded By Firm, Entity, or Vessel : United Mailing State: COLORADO as of 30-Apr-2012 8:05 PM EDT Your search returned no results. https://www.epls. gov/epls/search. do?full_name=United+Mailing&status=current&state=2... 4/30/2012