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HomeMy WebLinkAboutC12-289 Purchase Order for Polycarbonate Sheets AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND REGAL - PIEDMONT PLASTICS, LLC d /b /a PIEDMONT PLASTICS THIS AGREEMENT is made this /4' day of /441/5 , 2012, by and between Eagle County, Colorado (hereinafter referred to as "County"), and Regal- Piedmont Plastics, LLC doing business as Piedmont Plastics (hereinafter "Vendor" or "Contractor ") with a principal place of business at 5261S. Rio Grande Street, Littleton, Colorado 80120. WHEREAS, County desires to purchase polycarbonate sheets to refurbish ten (10) bus shelters ( "Equipment ") from Vendor; and WHEREAS, Vendor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide and sell said Equipment for its intended purpose and use to County; and WHEREAS, County and Vendor intend by this Agreement to set forth the scope of the responsibilities of Vendor in connection with the Equipment and related terms and conditions to govern the relationship between Vendor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Vendor agree as follows: ARTICLE 1— EQUIPMENT 1.1 Vendor agrees to sell the Equipment set forth in the purchase order which is attached hereto and incorporated herein as Exhibit A and in the Request for Documented Quotes and responsive bid documents attached hereto and incorporate herein as Exhibit B. In the event of any conflict between the contents of this Agreement and Exhibit A or Exhibit B this Agreement shall control. 1.2 County shall have the right to inspect all Equipment prior to acceptance. Inspection and acceptance shall not be unreasonably delayed or refused. All Equipment, supplies and /or services which do not comply with the specifications and /or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all Equipment, supplies, and or services which are discovered to be defective or which do not conform to any warranty of the Contractor upon inspection (or at any later time if the defects were not reasonably ascertainable upon the initial inspection) may be rejected. County reserves the right to return any such rejected shipment at the Contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received. County's right to reject Equipment shall not exclude any other legal, equitable or contractual remedies County may have. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The County's ECO Transit designee shall be Vendor's contact with respect to this Agreement. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution of this Agreement by both parties, and shall continue in full force and effect until the Equipment is delivered, accepted by County and title passes to County. Any guarantees or warranties shall survive termination. ARTICLE 4 — COMPENSATION 4.1 For the Equipment to be provided hereunder, County will pay Vendor the amounts provided in Exhibit A. The maximum amount of compensation under this Agreement shall not exceed eight thousand one hundred twenty five dollars and fifty -four cents ($8,125.54) without a signed amendment to the Agreement. 4.2 Payment will be made for Equipment satisfactorily delivered and upon title of the Equipment passing to County and will be paid within thirty (30) days of receipt of a proper and accurate invoice from Vendor. The invoice shall include a description of Equipment sold to County under this Agreement. Upon request, Vendor shall provide County with such other supporting information as County may request. 4.3 County will not withhold any taxes from monies paid to the Vendor hereunder and Vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.4 Vendor shall comply with invoicing and payment terms set forth in the Request for Documented Quotes. ARTICLE 5— VENDOR'S REPRESENTATIONS /WARRANTIES In order to induce County to enter into this Agreement, Vendor makes the fol lowing representations: 1 5.1 Vendor shall deliver the Equipment to County within three (3) weeks of agreement execution. 5.2 Vendor has familiarized itself with the intended purpose and use of the Equipment by County and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect the performance of the Equipment. Further, Vendor agrees to comply with all requirements of the Federal Transportation Administration as set forth in the Request for Documented Quotes. 5.3 Vendor will be responsible for provision of the Equipment to County in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable similar equipment vendors supplying similar Equipment. 5.4 Vendor expressly warrants that all Equipment, supplies, and /or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by County, (2) be fit and sufficient for the purpose expressed in the solicitation documents, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect. Such warranty shall survive delivery and shall not be deemed waived either by reason of County's acceptance of or payment for said Equipment. In addition to any specific guarantees required by this Agreement and any other documents related to this Agreement, Vendor guarantees and warrants that the Equipment shall be new and free from defects of any nature for a period of one (1) year from date the Equipment is delivered and accepted by County, or such longer period as may be provided by law. 5.5 Vendor warrants merchantability and fitness for its intended use and purpose. 5.6 All guarantees and warranties of Equipment and other materials furnished to Vendor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment or materials furnishes a guarantee or warrantee for a period longer than one (1) year from the date the Equipment is delivered and accepted by County, Vendor's guarantee shall extend for a like period as to such Equipment and materials. 5.7 Vendor warrants that title to all Equipment will pass to County upon inspection and acceptance by County free and clear of all liens, claims, security interests or encumbrances. 5.8 Vendor assumes all risk of loss with respect to the Equipment until title to the Equipment passes from Vendor to County. Title shall pass to County after Vendor has delivered the Equipment and County has inspected and accepted the Equipment. 5.9 Within a reasonable time after receipt of written notice, Vendor shall correct at its own expense, without cost to County any defects in the Equipment which existed prior to or during the period of any guarantee or warranty provided in this Agreement. 5.10 Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have Vendor in law or in equity. 5.11 Warranties required by this Agreement shall commence on the date of acceptance of the Equipment by County and shall terminate one (1) year after such date or such longer period as may be agreed between the parties or as may be provided under applicable law. ARTICLE 6 — ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 7.2 County and Vendor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 7.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Vendor in respect of any period after December 3lwithout an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 2 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7.4 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. ARTICLE 8 - JURISDICTION AND VENUE: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 8.2 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. ARTICLE 9 - INDEMNIFICATION: 9.1 The Vendor shall indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Vendor or any of its subcontractors hereunder; and Vendor shall reimburse County for any and all attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claims without regard to the involvement of the Vendor. ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 Vendor shall execute any bill of sale or other documents required by County to transfer title to the Equipment to County. Vendor shall provide County with copies of any instruction or operations manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. ARTICLE 11— NOTICE 11.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eagle County, Colorado 3289 Cooley Mesa Road Gypsum, Colorado 81637 (970) 328- 3526(p) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (f) The Vendor: Piedmont Plastics Attn. Gail Skinner 5261 S. Rio Grande St. Littleton, CO 80120 (303) 794 -9823 (p) 11.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 3 ARTICLE 12- PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 12.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8 -17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Contract. 12.2 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 12.3 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http: / /www.dhs.gov /xprevprot /programsigc 1.1.85221678150.shtm 12.4 The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. 12. 5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 12.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5 - 102(5). 12.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 12.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. ARTICLE 13 — INDEPENDENT CONTRACTOR 13.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Contractor or County and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 14 — INSURANCE REQUIREMENTS 14.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: 4 14.1.1 Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; 14.1.2 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 14.1.3 Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 14.2 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit C. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by its County Manager By: eith Montag CONTRACTOR: REGAL - PIEDMONT PLASTICSS, LLC d/b /a PIEDMONT PLASTICS By: l P�SL7 Le7 Title: G =. _ CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF GBLpAADQ ) ss. COUNTY OF rte, }d t -iD, ) The foregoing instrument was acknowledged before me by -?eAie y !cope CON , of,ee5/1 L 1°fiebi441/17 j1,374his /6 day of /g1/6 vs i , 2012. My commission expires: Ok '// 'N otar Y Public ti 5 eCO Almomilmm PURCHASE ORDER eagle county regional transportation authority Eagle County Regional Transportation Authority P.O. # 5309 -SGR1 DATE: JULY 19, 2012 3289 Cooley Mesa Rd, PO Box 1070 Gypsum, CO 81637 Phone: 970 - 328 -3526 Fax: 970 - 328 -3539 Email: tracy.stowell®eaglecounty.us VENDOR Gail Skinner SHIP James Epperson Piedmont Plastics TO ECO Transit 5261 S. Rio Grande St. 3289 Cooley Mesa Rd. Littleton, CO 80120 Gypsum, CO 81637 303 - 794 -9823 970 - 328 -3526 QTY ITEM # DESCRIPTION JOB UNIT PRICE LINE TOTAL Per attached Sheffield, polycarbonate 5309 SGR 7873.38 7873.38 Bid Doc. Per attached Cutting Charge 5309 SGR 120.00 120.00 Bid Doc. Per attached Freight Charge 5309 SGR 132.16 132.16 Bid Doc. SUBTOTAL 8125.54 SALES TAX TOTAL 8125.54 1. Please send two copies of your invoice. 2. Enter this order in accordance with the prices, terms, delivery method, and specifications listed above. 3. Please notify us immediately if you are unable to ship as specified. 4. Send all correspondence to: Tracy Stowell PO Box 1070 Gypsum, CO 81637 / c y !f I 970-328-3526 _ � Fax: 970-328-3539 uthorized by Date Email: tracy.stowell @eaglecounty.us EXHIBIT A EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY dba ECO TRANSIT REQUEST FOR DOCUMENTED QUOTES - POLYCARBONATE SHEETS FOR BUS SHELTERS It is the vendor's responsibility to read and comply with all conditions, specifications, and instructions outlined in this document. This document and any subsequent attachments shall supersede all confirmation forms, receipts, or any other paperwork needed to secure materials, equipment, or services. RFQ RELEASED: Q QUOTE DUE BY: F.O.B. RE • Q QUIREMENTS: June 7, 2012 5:00 PM MST - June 22, Destination 2012 TO BE QUOTATION NAME /ID: BUYER: Kelley Collier DELIVERED /COMPLETED "ECO Transit Bus Shelter PHONE NUMBER: 970- 328 -3533 NO LATER THAN: Polycarbonate Sheets" EMAIL: Upon Bid Award kelley.collier @eaglecounty.us MAILING ADDRESS (Postal Service): DELIVERY LOCATION: ECO Transit PO Box 1070 ECO Transit Gypsum, CO 81637 3289 Cooley Mesa Road Gypsum, CO 81637 MAILING ADDRESS (UPS /FEDEX or In Person Delivery): ECO Transit 3289 Cooley Mesa Road Gypsum, CO 81637 Project Description: ECO Transit has received Federal grant dollars to purchase polycarbonate sheets to refurbish 10 bus shelters. On page 2 is a list of the sizes and units to be purchased. The required thickness of all polycarbonate sheets is to be 3/8 ". All delivered polycarbonate sheets MUST be marked with the dimension size, either by label or on the top corner of the sheet. The vendor is to provide cost for the purchase and delivery of the polycarbonate sheets only. Eagle County staff will be installing the polycarbonate sheets in the bus shelter locations. Quote Instructions: All responses to the Request for Quotation MUST be submitted on the forms provided. Vendors are to complete the forms on pages 2 and 3 to provide quote and vendor information. All quotations on page 2 must be extended and totaled. Delivery time must be listed on page 2. Vendors are also required to submit certification of compliance with FTA terms and conditions, instructions are provided on page 3. Quotes are due by June 22, 2012, 5:00 p.m. to ECO Transit offices. Documents can be mailed or delivered in person and must be clearly marked "Quotes for ECO Transit Bus Shelter Polycarbonate Sheets." 1 EXHIBIT 3 Shelter Polycarbonate Number Sheet of Units Shipping /Handling /Delivery Total Cost Delivery Dimensions Needed Unit Price Fee 1 uote Time 30.5" x 70.5" 6 30" x 70.5" 5 30" x 70" 4 30" x 68.75" 3 30" x 70.25" 3 30" x 72" 3 25.25" x 70.5" 2 25.5" x 70.25" 2 29" x 68.75" 2 29.5" x 70" 2 29.5" x 72" 2 30.5" x 65.5" 2 30.5" x 70.25" 2 31 "x65.5" 2 31" x 66" 2 33.5" x 66" 2 33.50" x 71" 2 34" x 66.5" 2 23.5" x 68.75" 1 24" x 68.75" 1 26.25" x 70.5" 1 26.5" x 72" 1 26.75" x 70" 1 26.75" x 70.5" 1 27.25" x 70" 1 28" x 72" 1 29" x 70.25" 1 29" x 72" 1 29.5" x 65.5" 1 29.5" x 68.75" 1 30.25" x 70.5" 1 30.5" x 71" 1 30.75" x 65.5" 1 30.75" x 66.5" 1 30.75" x 71" 1 31.25" x 66.5" 1 31.75 "x 71" 1 32" x 66" 1 32 "x66.5" 1 32.25" x 71" 1 32.5" x 65.5" 1 33.25" x 65.5" 1 33.75" x 66.5" 1 33.75" x 71" 1 34 "x 66" 1 34.25" x 65.5" 1 2 Certification of Compliance with FTA Terms and Conditions Because this purchase is funded in part with Federal Transit Administration (FTA) dollars, the vendor must read through the FTA required terms and conditions provided on pages 7- 11, sign the certification of compliance on page 11 and submit the signed certification with the quote response. VENDOR NOTES Please provide the product brand name, description and any additional information in regards to the quotation and materials in the vendor notes section (below). Eagle County purchase orders must be issued to the invoicing company /address. If the invoicing company /address will be different from that listed in the vendor information section (below), the vendor must specify the "remit to" company /address in the vendor notes section (above). VENDOR INFORMATION Vendor Name /Mailing Address: Vendor Contact Information (including area codes): Phone #: Fax #: Printed Name and Title of Responsible Signature: Officer or Employee Submitting Quotation: Is your company registered /certified with the State of Colorado as a(please circle): MINORITY BUSINESS ENTERPRISE (MBE)? YES NO DISADVANTAGED BUSINESS ENTERPRISE (DBE)? YES NO The selection of a vendor shall be made without regard to race, color, sex, age, religion, national origin, or political affiliation. Eagle County is an Equal Opportunity Employer and encourages proposals from qualified minority and woman -owned businesses. 3 STANDARD SOLICITATION PROVISIONS 1. Eagle County reserves the right to reject any or all bids /quotes /proposals, and to accept or reject any items thereon, and to waive technicalities. In case of error in the extension of prices in the bid /quote /proposal, unit prices will govern. 2. All bids /quotes /proposals must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. 3. If providing bids /quotes /proposals for commodities, the Bidder /Offeror will state brand or make on each item. If bidding or proposing other than the make, model or brand specified, the manufacturer's name, model number or catalog number must be given. 4. The date specified for the returning of bids /quotes /proposals is a firm deadline and all bids /quotes /proposals must be received at the designated office by that time. GENERAL TERMS AND CONDITIONS Deliveries Unless otherwise specified on the solicitation documents or purchase order, suppliers shall give at least 24 hours advance notice of each delivery. Delivery will only be received between the hours of 8:00 a.m. to 5:00 p.m.,, Monday through Friday. Material arriving after 5:00 p.m. will not be unloaded until the following workday. No material will be received on Saturday, Sunday or state holidays. If the prices bid herein include the delivery cost of the material, the Contractor agrees to pay all transportation charges on the material as FOB - Destination. Freight costs must be included in the unit price bid and not listed as a separate line item. Nondiscrimination The Contractor shall comply with the Regulations relative to nondiscrimination in federally- assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. All solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of the Contractor's obligations under this contract and the Regulations, will be relative to nondiscrimination on the grounds of race, color, or national origin. Contract /Purchase Order By submitting a bid /quote /proposal, the Bidder /Offeror agrees to furnish any and all equipment, supplies and /or services specified in the solicitation documents, at the prices quoted, pursuant to all requirements and specifications contained therein. A binding contract shall consist of: (1) the solicitation documents, amendments thereto, and /or Best and Final Offer (BAFO) request(s) with any changes /additions, (2) the Contractor's proposal and /or submitted pricing, and (3) Eagle County acceptance of the 4 proposal and /or bid by purchase order or post -award contract. A notice of award does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and /or services, the Contractor must receive a properly authorized purchase order and /or notice to proceed. Invoicing and Payment Eagle County is exempt from paying Colorado Sales Tax. However, the Contractor may . themselves be responsible for the payment of taxes on materials they purchase to fulfill the contract. A Sales Tax Exemption Certificate will be furnished to the successful Bidder /Offeror upon request. Each invoice should be itemized in accordance with items listed on the purchase order and /or contract. Each invoice submitted must reference the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment. Unless otherwise provided for in the solicitation documents, payment for all equipment, supplies, and /or services required herein shall be made once delivery has occurred. Eagle County shall not make any advance deposits. Eagle County assumes no obligation for equipment, supplies, and /or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the Eagle County rejection and shall be returned at the Contractor's expense. Cancellation of Contract Eagle County may cancel the contract at any time for a material breach of contractual obligations or for convenience by providing the Contractor with written notice of cancellation. Should Eagle County exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Contractor. If Eagle County cancels the contract for breach, Eagle County reserves the right to obtain the equipment, supplies, and /or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as Eagle County deems appropriate and charge the Contractor for any additional costs incurred thereby. Inspection and Acceptance No equipment, supplies, and /or services received by Eagle County pursuant to a contract shall be deemed accepted until Eagle County has had reasonable opportunity to inspect said equipment, supplies, and /or services. All equipment, supplies, and /or services which do not comply with the specifications and /or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and /or services which are discovered to be defective or which do not conform to any warranty of the Contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected. 5 Eagle County reserves the right to return any such rejected shipment at the Contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received. Eagle County's right to reject any unacceptable equipment, supplies, and /or services shall not exclude any other legal, equitable or contractual remedies Eagle County may have. Warranty The Contractor expressly warrants that all equipment, supplies, and /or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by Eagle County, (2) be fit and sufficient for the purpose expressed in the solicitation documents, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect. Such warranty shall survive delivery and shall not be deemed waived either by reason of Eagle County's acceptance of or payment for said equipment, supplies, and /or services. Status of Independent Contractor The Contractor represents itself to be an independent Contractor offering such services to the general public and shall not represent itself or its employees to be an employee of the Eagle County. Therefore, the Contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers' compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save and hold Eagle County, its officers, agents and employees harmless from and against any and all losses (including attorney fees) and damage of any kind related to such matters. Indemnification The Offeror shall defend, indemnify and hold harmless, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Offeror's performance of its obligations under this Agreement. 6 FEDERAL TRANSIT ADMINISTRATION SPECIAL TERMS AND CONDITIONS This project is funded in part by the Federal Transit Administration and the Colorado Department of Transportation, and therefore is subject to the following federal Third Party Contract requirements. Compliance with Federal Regulations Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT- required contractual provisions, as set forth in FTA Circular 4220.1F, are incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA, as 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. Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. Access to Records and Reports The following access to records requirements apply to this Contract: Contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11). FTA does not require the inclusion of these requirements in subcontracts. Federal Changes Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. Recycled Products The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 7 No Government Obligation to Third Parties (1) The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts (1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. (2) If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n) (1) on contractor, to the extent the US Government deems appropriate. (3) Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Termination a. Termination for Convenience. The recipient may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient's property, contractor shall account for same, and dispose of it as the recipient directs. b. Termination for Default [Breach or Cause]. If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that 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 contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. 8 c. Opportunity to Cure. The recipient in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach. In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. Civil Rights Requirements (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the Americans with Disabilities Act (1990), 42 USC 12132, and 49 USC 5332, contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. Contractor shall also comply with applicable Federal implementing regulations and other requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:. (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 USC 2000e, and 49 USC 5332, contractor shall comply with all applicable equal employment opportunity requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that may in the future affect construction activities undertaken in the course of the project. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during 9 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, contractor shall comply with any implementing requirements FTA may issue. (b) Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC 623 and 49 USC 5332, contractor shall refrain from discrimination against present and prospective employees for reason of age. Contractor shall also comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC 12112, contractor shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC), Regulations to Implement Equal Employment Provisions of the Americans with Disabilities Act, 29 CFR 1630, pertaining to employment of persons with disabilities. Contractor shall also comply with any implementing requirements FTA may issue. (3) Contractor shall include these requirements in each subcontract financed in whole or in part with FTA assistance, modified only if necessary to identify the affected parties. Disadvantaged Business Enterprise a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10 %. The recipient's overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere. b. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. If a separate contract goal has been established, Bidders /offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the successful bidder /offeror will be required to report its DBE participation obtained through race- neutral means throughout the period of performance. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the subcontractor's work. f. The contractor must promptly notify the recipient whenever a-DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith 10 efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. Access Requirements for Persons with Disabilities Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT- required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. Environmental Protections Compliance is required with any applicable Federal laws imposing environmental and resource conservation requirements for the project. Some, but not all, of the major Federal laws that may affect the project include: the National Environmental Policy Act of 1969; the Clean Air Act; the Resource Conservation and Recovery Act; the comprehensive Environmental response, Compensation and Liability Act; as well as environmental provisions with Title 23 U.S.C., and 49 U.C. chapter 53. The U.S. EPA, FHWA and other federal agencies may issue other federal regulations and directives that may affect the project. Compliance is required with any applicable Federal laws and regulations in effect now or that become effective in the future. Ineligible Contractors and Subcontractors Any name appearing upon the Comptroller General's list of ineligible contractors for federally - assisted contracts shall be ineligible to act as a subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller General's list of ineligible contractors for federally financed or assisted construction, the recipient shall cancel, terminate or suspend this contract. PLEASE PROVIDE THE FOLLOWING INFORMATION AS ACCEPTANCE OF THESE TERMS. VENDOR BUSINESS: NAME: TITLE: SIGNATURE: DATE: 11 19703283539 ECO 970- 328 -3539 09:50:00 a.m. 06 -07 -2012 4 /12 Certification of Compliance with FTA Terms and Conditions Because this purchase is funded in part with Federal Transit Administration (FTA) dollars, the vendor must read through the FTA required terms and conditions provided on pages 7- 11, sign the certification. of compliance on page 11 and submit the signed certification with the quote response. • VENDOR NOTES Please provide the product brand name, description and any additional information in regards to the quotation and materials in the vendor notes section (below). She Ear 96tvAGv I Lan brcA otirvuuks, pw P auto natt • 19703283539 Eagle County purchase orders must be issued to the invoicing company /address. If the • invoicing company /address will be different from that listed in the vendor information section (below), the vendor must specify the "remit to" company /address in the vendor notes section (above). VENDOR INFORMATION Vendor Name /Mailing Address: _ _ , Vendor Contact Information (including area Pi PI6.4i codes): 5ab ( 5 • P p &tilde s4'. Phone #: M3) T ( 1 1 4 - _l $off Lt-1-1-1thn (,b $0 la0 Fax #: (3 Rt g9i. 04.7 3 Printed Name and Title of Responsible Signature: Officer or Employee Submitting Quotation: • Rai ( 5Kr niter . 15 Is your company registered /certified with the State of Colorado as a(please circle): MINORITY BUSINESS ENTERPRISE (MBE)? YES NO DISADVANTAGED BUSINESS ENTERPRISE (DBE)? YES The selection of a vendor shall be made without regard to race, color, sex, age,•religion, national origin, or political affiliation. Eagle County is an Equal Opportunity Employer and encourages proposals from qualified minority and woman -owned businesses. 3 Shelter Polycarbonate Number Sheet of Units Shipping /Handling /Delivery Total Cost Delivery Dimensions Needed Unit Price � t 's �i� , +�r�s; �;; ��=;Oriel ,t ,.._, , ,..�:.�._. Fee 1 uote Time a e le 9i�� �+t + + p.. ��`� �; . ' if Nil*. � �� v s ` ;:; illi t # c�_ �--;p` ° rile MOW- s{a,:! '110 I '.a '-. 30.5 "x70.5" 6 1h . ' � � ut# � .' 4TC€�'.�3 ;.jR`'.� , ;, is . 30" x 70.5" 5 111 . LEO ' q. 00 30 "x70" 4 (10, $0 5 it 43. . a0 00 o 3 30" x 68.75" 3 10cj . 15 aq 30" x 70.25 3 111 .435 . 30" x 72" 3 1. 33355.55 3N . 25.25" x 70.5" 2 88. G9, 25.5 "x70.25" 2 $ t61•a - - 29" x 68.75" 2 q (p . (ea 113 . atF • 29.5" x 70" 2 19 .q a t qq . /LF 0 29.5 "x72" 2 10a. oa ,04.04- 30.5" x 65,5" 2 cp.. 5(, ic15. lot 30.5" x 70.25" 2 111 .51) x2.3.00 31" x 65.5" 2 qt .5a 1°15.0(4- • 31 "x66" _ 2 a-4..,5a 1g5-.0(-1- 33.5 "x66" 2 104 la la,alf. CM 33.50" x 71" 2 113 . 'ia aa .144'- 34" x 66.5" 2 log, q_ a 15 . 144 23.5" x 68.75" 1 2 q.5 36.75 • 24" x 68.75" 1 SC). 'T5 80 . la 26.2 5 x x " 72 1 • p(o qo1.0 26.5'' x 72" 1 O. q .Oa INI 26.75" x 70" 1 g o.65 go .(03 26.75 "x70.5" 1 qI, `11.8a 27.25"x70" 1 93,6t1;/ °13.Qb 28 "x72" 1 '10.35 q(o.3S 29"x 70.25" 1 ' • , a• • 8.x0 29" x 72" 1 ' , 05 q' -OS' 1* 29.5" x 65.5" 1 9 s al 5 29,5" x 68.75" 1 $,310 9,1. 30.25" x 70.5" 1 104.5,, log .5 , 30.5 "x71" 1 191.80 104.$0 30,75" x 65.5" 1 q . $ - . t `` 30.75 x 66.5" 1 Ort . 1$ '19 , 30.75" x 71" 1 104 ►50 10430 • 31,25 "x66.5" 1 loa. De tba .05 31.75 "x71" 1 I0l-.Ia 1- 01 -.. 31 32 "x66" 1 103. i5 103, l5 32" x 66.5" 1 103.55 103. S5 3 .5' x x 65 71" 1 t0 .Gib • 32 MUMI .5" x . 1 33.25" x 65.5" 1 05.6. • .Got 33.75" x 66.5" g, 1 1,0'� . . l01 , r 33.75 "x71 71" 1 l a , 1,, 34"x 66" 1 I Q$ .$Q 103. Sb 34.25 "x65.5.5" 1 (0$.ea 0 1 . 5, lE F YI I 11 ice' `odi =� `".�+!� C ukhYi dila 1 a 0.00 r2i l 3a .1(0 - ttcg 1a5.54 19703283539 ECO 970 - 328 -3539 09:50:22 a.m. 06 -07 -2012 5 /12 ' STANDARD SOLICITATION PROVISIONS 1. Eagle County reserves the right to reject any or alI bids /quotes /proposals, and to accept or reject any items thereon, and to waive technicalities. In case of error in the extension of prices in the bid /quote /proposal, unit prices will govern. 2. All bids /quotes /proposals must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. • 3. If providing bids /quotes /proposals for commodities, the Bidder /Offeror will state brand or make on each item. If bidding or proposing other than the make, model or brand specified, the manufacturer's name, model number or catalog number must be given. 4. The date specified for the returning of bids /quotes /proposals is a firm deadline and all bids /quotes /proposals must be received at the designated office by that time. 197032835-9 GENERAL TERMS AND CONDITIONS Deliveries Unless otherwise specified on the solicitation documents or purchase order, suppliers shall give at least 24 hours advance notice of each delivery. Delivery will only be received between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Material arriving after 5:00 p.m. will not be unloaded until the following workday. No material will be received on Saturday, Sunday or state holidays. If the prices bid herein include the delivery cost of the material, the Contractor agrees to pay all transportation charges on the material as FOB - Destination. Freight costs must be included in the unit price bid and not listed as a separate line item. - Nondiscrimination The Contractor shall comply with the Regulations relative to nondiscrimination in federally- assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. All solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of the Contractor's obligations under this contract and the Regulations, will be relative to nondiscrimination on the grounds of race, color, or national origin. Contract /Purchase Order By submitting a bid /quote /proposal, the Bidder /Offeror agrees to furnish any and all equipment, supplies and /or services specified in the solicitation documents, at the prices quoted, pursuant to all requirements and specifications contained therein. A binding contract shall consist of: (1) the solicitation documents, amendments thereto, and /or Best and Final Offer (BAFO) request(s) with any changes /additions, (2) the Contractor's proposal and /or submitted pricing, and (3) Eagle County acceptance of the 4 19703283539 EC0 970 - 328 -3539 09:50:55 a.m. 06 -07 -2012 6/12 • • proposal and /or bid by purchase order or post -award contract. A notice of award does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and /or services, the Contractor must receive a properly authorized purchase order and /or notice to proceed. Invoicing and Payment Eagle County is exempt from paying Colorado Sales Tax. However, the Contractor may themselves be responsible for the payment of taxes on materials they purchase to fulfill the contract. A Sales Tax Exemption Certificate will be furnished to the successful Bidder /Offeror upon request. Each invoice should be itemized in accordance with items listed on the purchase order and /or contract. Each invoice submitted must reference the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment. 197032835' Unless otherwise provided for in the solicitation documents, payment for all equipment, supplies, and /or services required herein shall be made once delivery has occurred. Eagle County shall not make any advance deposits. Eagle County assumes no obligation for equipment, supplies, and /or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the Eagle County rejection and shall be returned at the Contractor's expense. Cancellation of Contract • Eagle County may cancel the contract at any time for a material breach of contractual obligations or for convenience by providing the Contractor with written notice of cancellation. Should Eagle County exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Contractor. If Eagle County cancels the contract for breach, Eagle County reserves the right to obtain the equipment, supplies, and /or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as Eagle County deems appropriate and charge the Contractor for any additional costs incurred thereby. Inspection and Acceptance No equipment, supplies, and /or services received by Eagle County pursuant to a contract shall be deemed accepted until Eagle County has had reasonable opportunity to inspect said equipment, supplies, and /or services. All equipment, supplies, and /or services which do not comply with the specifications and /or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and /or services which are discovered to be defective or which do not conform to any warranty of the Contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected. • 5 19703283539 ECO 970- 328 -3539 09:51:30 a.m. 06 -07 -2012 7/12 Eagle County reserves the right to return any such rejected shipment at the Contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received. Eagle County's right to reject any unacceptable equipment, supplies, and /or services shall not exclude any other legal, equitable or contractual remedies Eagle County may have. Warranty The Contractor expressly warrants that all equipment, supplies, and /or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by Eagle County, (2) be fit and sufficient for the purpose expressed in the solicitation documents, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect. • Such warranty shall survive delivery and shall not be deemed waived either by reason of Eagle County's acceptance of or payment for said equipment, supplies, and /or services. Status of Independent Contractor 9'1O32 "357) The Contractor represents itself to be an independent Contractor offering such services to the general public and shall not represent itself or its employees to be an employee,of the Eagle County. Therefore, the Contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers' compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save and hold Eagle County, its officers, agents and employees harmless from and against any and all losses (including attorney fees) and damage of any kind related to such matters. Indemnification The Offeror shall defend, indemnify and hold harmless, including its members and department employees,. from any claim or liability whether based on a claim, for damages.to .. real or personal property or to a person for any matter relating to or arising out of the Offeror's performance of its obligations under this Agreement. 6 • 19703283539 ECO 970- 328 -3539 09:51:55 a.m. 06 -07 -2012 8/12 FEDERAL TRANSIT ADMINISTRATION SPECIAL TERMS AND CONDITIONS This project is funded in part by the Federal Transit Administration and the Colorado Department of Transportation, and therefore is subject to the following federal Third Party Contract requirements Compliance with Federal Regulations • Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT- required contractual provisions, as set forth in FTA Circular 4220.1F, are incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or Incorporated by reference in the Master Agreement between the recipient and FTA, as 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. - S7C72PPS Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act Access to Records and Reports The following access to records requirements apply to this Contract: Contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives,.. including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at49 USC 5302(a)1, which Is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11). FTA does not require the inclusion of these requirements in subcontracts. Federal Changes Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. • Recycled Products The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 7 19703283539 ECO 970 - 328 -3539 09:52:34 a.m. 06 -07 -2012 9 /12 • No Government Obligation to Third Parties • (1) The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the 'underlying contract. (2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, exceptto identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts (1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, 197032835r contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. (2) If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate. (3) Contractor shall include the above.two clauses in each subcontract financed in.whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Termination 'a. Termination for Convenience. The recipient may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient's property, contractor shall account for same, and dispose of it as the recipient directs. b. Termination for Default [Breach or Cause]. If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with . any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that 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 contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. 8 19703283539 ECO 970 - 328 -3539 09:53:16 a.m. 06 -07 -2012 10 /12 c. Opportunity to Cure. The recipient in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the _ __ defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach. In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: 19703283579 (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the. Federal Government financed in whole or in part with - Federal assistance provided by FTA. Civil Rights Requirements (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the Americans with Disabilities Act (1990), 42 USC 12132, and 49 USC 5332, contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. Contractor shall also comply with applicable Federal implementing regulations and other requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 USC 2000e, and 49 USC 5332, contractor shall comply with all applicable equal employment opportunity requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that may in the future affect construction activities undertaken in the course of the project. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during 9 19703283539 ECO 970 - 328 -3539 09:53:58 a.m. 06 -07 -2012 11/12 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, contractor shall comply with any implementing requirements FTA may issue. (b) Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC 623 and 49 USC 5332, contractor shall refrain from discrimination against present and prospective employees for reason of age. Contractor shall also comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC 12112, contractor shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC), Regulations to Implement Equal Employment Provisions of the Americans with Disabilities Act, 29 CFR 1630, pertaining to employment of persons with disabilities. Contractor shall also comply with any implementing requirements FTA may issue. (3) Contractor shall include these requirements in each subcontract financed in whole or in part with FTA assistance, modified only if necessary to identify the affected parties. 19703283591 Disadvantaged Business Enterprise a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipient's overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement; it is listed elsewhere. b. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this . contract or_such other .remedy as the - municipal corporation deems appropriate. Each subcontract - ' the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. Ha separate contract goal has been established, Bidders /offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the successful bidder /offeror will be required to report its DBE participation obtained through race - neutral means throughout the period of performance. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the subcontractor's work. f. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith 10 • 197032 ECO 970 - 328 -3539 09:54:39 a.m. 06 -07 -2012 12/12 • efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. Access Requirements for Persons with Disabilities Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing•those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT- required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to . control in the event of a conflict with other provisions contained in this Agreement. The contractor 197032' c 539 shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. Environmental Protections Compliance is required with any applicable Federal laws imposing environmental and resource conservation requirements for the project. Some, but not all, of the major Federal laws that may affect the project include: the National Environmental Policy Act of 1969; the Clean Air Act; the Resource Conservation and Recovery Act; the comprehensive Environmental response, Compensation and Liability Act; as well as environmental provisions with Title 23 U.S.C., and 49 U.C. chapter 53. The U.S. EPA, FHWA and other federal agencies may issue other federal regulations and directives that may affect the project. Compliance is required with any applicable Federal laws .. and regulations -in effect now or that become effective in•the future. - - - • - - - Ineligible Contractors and Subcontractors Any name appearing upon the Comptroller General's list of ineligible contractors for federally - assisted contracts shall be ineligible to act as a subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller General's list of ineligible contractors for federally x financed or assisted construction, the recipient shall cancel, terminate or suspend this contract. PLEASE PROVIDE THE FOLLOWING INFORMATION AS ACCEPTANCE OF THESE TERMS, VENDOR BUSINESS: E th ■ r for K ` bQS'f 1 W • NAME: bal. \ 5111 Y n€A TITLE: 1Tnsi ok c k.�S 'Rep. • SIGNATURE: . 26IXL • DATE: G fri? (� 11 M. Piedmont Plastics Quote# cuss# Q27343252 32258228 where solutions take shape Quote Date Customer RFQ 06/14/2012 1 Prices Subject to Change Requested By Terms KELLIE NET 30 Piedmont Plastics 5265 South Rio Grande St. FOB: Littleton, CO 80120 Salesperson: 18 -GSKI Bill to: Ship to: ECO TRANSIT EAGLE COUNTY RTA ECO TRANSIT EAGLE COUNTY RTA 3289 COOLEY MESA ROAD 3289 COOLEY MESA ROAD P 0 BOX 1070 GYPSUM, CO 81637 GYPSUM, CO 81637 For help contact: GAIL SKINNER 303 - 794 -9823 gskinner @piedmontplastics.com Ln Quantity Unit Part # /Description Unit Price Unit Amount 1 6 EA PC CLR 0.375MGP 112.400 EA 674.40 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 30.500" x 70.500" 2 5 EA PC CLR 0.375MGP 111.400 EA 557.00 s* 375 CLR MAKRO GP . PRMIPLM *Cut to size: 30.000" x 70.500 3 4 EA PC CLR 0.375MGP 110.800 EA 443.20 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 30.000" x 70.000" 4 3 EA PC CLR 0.375MGP 109.150 EA 327.45 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 30.000" x 68.750" 5 3 EA PC CLR 0.375MGP 111.850 EA 335.55 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 30.000" x 70.250" 6 3 EA PC CLR 0.375MGP 111.450 EA 334.35 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 30.000" x 72.000" 7 2 EA PC CLR 0.375MGP 88.620 EA 177.24 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 25.250" x 70.500" 8 2 EA PC CLR 0.375MGP 83.720 EA 167.44 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 25.500" x 70.250" Page 1 Continued on next page • Piedmont Plastics Quote# Cust# Q27343252 32258228 where solutions take shape Quote Date Customer RFQ 06/14/2012 Prices Subject to Change Requested By Terms KELLIE NET 30 Piedmont Plastics 5265 South Rio Grande St. FOB: Littleton, CO 80120 Salesperson: 18 -GSKI Bill to: Ship to: ECO TRANSIT EAGLE COUNTY RTA ECO TRANSIT EAGLE COUNTY RTA 3289 COOLEY MESA ROAD 3289 COOLEY MESA ROAD P 0 BOX 1070 GYPSUM, CO 81637 GYPSUM, CO 81637 For help contact: GAIL SKINNER 303 - 794 -9823 gskinner @piedmontplastics.com Ln Quantity Unit Part # /Description Unit Price Unit Amount 9 2 EA PC CLR 0.375MGP 96.620 EA 193.24 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 29.000" x 68.750" 10 2 EA a PC `CLR ._,0.,375MGP., 99..920 EA 199.84 CLR MAKRO PRM /PLM 1ptto size: 29.500" x 70.000" 11 2 EA PC CLR 0.375MGP 102.020 EA 204.04 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 29.500" x 72.000" 12 2 EA PC CLR 0.375MGP 97.560 EA 195.12 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 30.500" x 65.500" 13 2 EA PC CLR 0.375MGP 111.500 EA 223.00 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 30.500" x 70.250" 14 2 EA PC CLR 0.375MGP 97.520 EA 195.04 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 31.000" x 65.500" 15 2 EA PC CLR 0.375MGP 97.520 EA 195.04 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 31.000" x 66.000" 16 2 EA PC CLR 0.375MGP 106.120 EA 212.24 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 33.500" x 66.000" it Page 2 Continued on next page • jPiedmontPIastics Q uote# 58# Q27343252 3222258228 where solutions take shape Quote Date Customer RFQ 06/14/2012 Prices Subject to Change Requested By Terms KELLIE NET 30 Piedmont Plastics 5265 South Rio Grande St. FOB: Littleton, CO 80120 Salesperson: 18 -GSKI Bill to: Ship to: ECO TRANSIT EAGLE COUNTY RTA ECO TRANSIT EAGLE COUNTY RTA 3289 COOLEY MESA ROAD 3289 COOLEY MESA ROAD P 0 BOX 1070 GYPSUM, CO 81637 GYPSUM, CO 81637 For help contact: GAIL SKINNER 303 - 794 -9823 gskinner @piedmontplastics.com Ln Quantity Unit Part # /Description Unit Price Unit Amount 17 2 EA PC CLR 0.375MGP 113.720 EA 227.44 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 33.500" x 71.000" 18 2 EA PC CLR .- ,0. 107.720 EA , 215.44 *.375 CLR MAKRO GP PRM/PLM *Cut to size: 34.000" x 66.500 19 1 EA PC CLR 0.375MGP 80.750 EA 80.75 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 23.500" x 68.750" 20 1 EA PC CLR 0.375MGP 80.750 EA 80.75 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 24.000" x 68.750" 21 1 EA PC CLR 0.375MGP 92.060 EA 92.06 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 26.250" x 70.500" 22 1 EA PC CLR 0.375MGP 93.020 EA 93.02 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 26.500" x 72.000" 23 1 EA PC CLR 0.375MGP 90.630 EA 90.63 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 26.750" x 70.000" 24 1 EA PC CLR 0.375MGP 91.820 EA 91.82 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 26.750" x 70.500" Page 3 Continued on next page Piedmont Plastics Q uote# 58# Q27343252 3222258228 where solutions take shape Quote Date Customer RFQ 06/14/2012 Prices Subject to Change Requested By Terms KELLIE NET 30 Piedmont Plastics 5265 South Rio Grande St. FOB: Littleton, CO 80120 Salesperson: 18 -GSKI Bill to: Ship to: ECO TRANSIT EAGLE COUNTY RTA ECO TRANSIT EAGLE COUNTY RTA 3289 COOLEY MESA ROAD 3289 COOLEY MESA ROAD P 0 BOX 1070 GYPSUM, CO 81637 GYPSUM, CO 81637 For help contact: GAIL SKINNER 303 -794 -9823 gskinner @piedmontplastics.com Ln Quantity Unit Part # /Description Unit Price Unit Amount 25 1 EA PC CLR 0.375MGP 93.960 EA 93.96 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 27.250" x 70.000" 26 1 EA PC? CLR __.0.375MGP 96.350 EA 96.35 *:375.,CLR MAKRO GP PRM /PLM *Cuto size: 28.000" x 72.000" 27 1 EA PC CLR 0.375MGP 98.200 EA 98.20 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 29.000" x 70.250" 28 1 EA PC CLR 0.375MGP 99.050 EA 99.05 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 29.000" x 72.000" 29 1 EA PC CLR 0.375MGP 95.880 EA 95.88 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 29.500" x 65.500" 30 1 EA PC CLR 0.375MGP 98.360 EA 98.36 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 29.500" x 68.750" 31 1 EA PC CLR 0.375MGP 104.560 EA 104.56 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 30.250" x 70.500" 32 1 EA PC CLR 0.375MGP 104.800 EA 104.80 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 30.500" x 71.000" Page 4 Continued on next page J Piedmont PIastics Q uote# 58# Q27343252 3222258228 where solutions take shape Quote Date Customer RFQ 06/14/2012 1 Prices Subject to Change Requested By Terms KELLIE NET 30 Piedmont Plastics 5265 South Rio Grande St. FOB: Littleton, CO 80120 Salesperson: 18 -GSKI Bill to: Ship to: ECO TRANSIT EAGLE COUNTY RTA ECO TRANSIT EAGLE COUNTY RTA 3289 COOLEY MESA ROAD 3289 COOLEY MESA ROAD P 0 BOX 1070 GYPSUM, CO 81637 GYPSUM, CO 81637 For help contact: GAIL SKINNER 303 - 794 -9823 gskinner @piedmontplastics.com Ln Quantity Unit Part # /Description Unit Price Unit Amount 33 1 EA PC CLR 0.375MGP 97.780 EA 97.78 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 30.750" x 65.500" 34 1 EA PC CLR 0.375MGP. 99.180 EA 99.18 *:375 CLR MAKRO GP` PRM /PLM *Cut to size: 30.750" x 66.500" 35 1 EA PC CLR 0.375MGP 104.800 EA 104.80 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 30.750" x 71.000" 36 1 EA PC CLR 0.375MGP 102.080 EA 102.08 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 31.250" x 66.500" 37 1 EA PC CLR 0.375MGP 107.720 EA 107.72 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 31.750" x 71.000" 38 1 EA PC CLR 0.375MGP 103.150 EA 103.15 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 32.000" x 66.000" 39 1 EA PC CLR 0.375MGP 103.550 EA 103.55 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 32.000" x 66.500" 40 1 EA PC CLR 0.375MGP 109.970 EA 109.97 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 32.250" x 71.000" Page 5 Continued on next page jPiedmontPIastics Q uote# Q27343252 32258222582 28 where solutions take shape Quote Date Customer RFQ 06/14/2012 Prices Subject to Change Requested By Terms KELLIE NET 30 Piedmont Plastics 5265 South Rio Grande St. FOB: Littleton, CO 80120 Salesperson: 18 -GSKI Bill to: Ship to: ECO TRANSIT EAGLE COUNTY RTA ECO TRANSIT EAGLE COUNTY RTA 3289 COOLEY MESA ROAD 3289 COOLEY MESA ROAD P 0 BOX 1070 GYPSUM, CO 81637 GYPSUM, CO 81637 For help contact: GAIL SKINNER 303 - 794 -9823 gskinner @piedmontplastics.com Ln Quantity Unit Part # /Description Unit Price Unit Amount 41 1 EA PC CLR 0.375MGP 104.720 EA 104.72 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 32.500" x 65.500" 42 1 EA PC CLLR 0.375MGP, 105 620 EA 105.62 *.375 CLR MAKRO GP " PRMMPLM *cut to size: 33.250" x 65.500" 43 1 EA PC CLR 0.375MGP 107.110 EA 107.11 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 33.750" x 66.500" 44 1 EA PC CLR 0.375MGP 113.120 EA 113.12 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 33.750" x 71.000" 45 1 EA PC CLR 0.375MGP 108.800 EA 108.80 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 34.000" x 66.000" 46 1 EA PC CLR 0.375MGP 108.520 EA 108.52 *.375 CLR MAKRO GP PRM /PLM *Cut to size: 34.250" x 65.500" THANKS, GAIL 47 1 EA CUTCHARGE 120.000 EA 120.00 *CUTTING CHARGES 48 1 EA FREIGHT 132.160 EA 132.16 *FREIGHT CHARGES THANKS, GAIL Last Page Quotation Total Quote# Q27343252 8125.54 ** Unless otherwise noted, shipping /handling fees ** * and applicable sales tax not included in total *