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HomeMy WebLinkAbout435885 NORTH AMERICAN BUS INDUSTRIES INC - PURCHASE ORDER - 9120161City of Fort Collins PURCHASE ORDER Date: 01/09/2012 Vendor: 435885 NORTH AMERICAN BUS INDUSTRIES INC 106 NATIONAL DR ANNISTON Alabama 36207 PO Number Page 9120161 ' of 7 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/09/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Blanket order to 1 LOT LS cover the cost of miscellaneous parts for fiscal year 2012. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 45,000.00 In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal clauses apply to this purchase order. 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES (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 FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. 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 Fort Collins PURCHASE ORDER PO Number I Page 9120161 2 of 7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the 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 the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three 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 Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. 4. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractors C3. O✓l�-�s-Q� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of9120161 3 of 7 Flirt Collins This number must appear /,�_J`_' on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price failure to so comply shall constitute a material breach of this contract. 5. 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 closeout 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 30 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) 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 FTA may issue. t3. O✓la:sQ J� 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 OflinJ ` 9120161 a of 7 r} COIes+ This number must appear F6 �—,J`-' ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (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 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 FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA 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 FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 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 agency's overall goal for DBE participation is 9.9 %. A separate contract goal [has not] been established for this procurement. 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 DOT -assisted 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 City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph ( see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. 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 9120161 s of 7 `t Collins I n �+ This number must appear V " �7 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price c. 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 City of Fort Collins . In addition, is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor s work by the City of Fort Collins and contractor' s receipt of the partial retainage payment related to the subcontractor's work. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith 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 City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT-, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, 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 City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By accepting this purchase order, the vendor or contractor certifies as follows The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 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 C117/ Of9120161 6 of 7 C6rt CThis number must appear ,/_^,'`t—,J`_' ` CollinsJ on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 $45,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 7 of 7 I. COMMERCIAL DETAILS.ni exemption,,By statute tie City of FnlCll a,, To slid local n,ce. Oun 1. p, Number II NONWAI VPIt . . 98 0450 Federal la I E case x E.emin lit C n 1 r f Registry try gel 600055) 1, S w fed d, ,he Cullalor of Fu lu f the Y h wr to 1,,n clarat strict perfamlan a of the tours and condgiuns hereof, Failure or delay, at interest Revenue. Denver Colorado (Ref Colorado Revised Su mu 1973. Chapter 39 _6, 114 (a). cneis, any fifth. of a edes Pmvtried here. or by law, failure o painful, nobly the Seller if the extent of a breach, the acceptance efur p.ymenf for goads hereunder or approval of the J.ign, shall not roleme the Scllor of Guuds R,v,md GWDS REJEM ED due 1. foil. t spevow,a om, either when shipped., due to defects of ally of the warmnta, or ob6gannow of this Purchase order cad shall cal be Jecaned a waiver ofany ngin of the damage it nun..t, may be returned err you for credit slid are not it, be replaced except upon receipt of wrinen purcl uc r to insist upma.nin performance heeoforany ofisrlghts.t remedies as to any such goods, regardless ern stweli.ns fmnl the City of Fort Collins. of when shipped, real Led or weeph as to any poorsubsequent default hereunder, nor Shull any ptnal nt am] ot ifenam or rseisocan of this purchase ordcrbyr the Purchaser.pcmu, as a waive, of aay of,hu wort, Impcuon. GOODS art subject to the City ofF.n Collins inspection an amvul. hereof. Final Aceeptauce. Receipt of the nmmolohm, sn r egaipmen, in restmns, t. Nis order conwolf in I3.ASSIGNMENTOP AN'ffl'NUSI' CLAIMS. authorized payment on the pan of the City of Fun Collins. Howc;er, it is to be understood nor r FINAL Seller and IM1c Purchaser ecogNu Ill., in actual economic practice, o ereharbs resulting fmm antilmst ACCEPTANCE is dependnit upon completion ofull aWlicablc required inspcion prolimm, twinimns — in fan bonze by the Purchaser. Thlrxwfem' Ion good cause and us consideration fur escming this purchase order. the Seller humbly' b the Poncharl, an, it II via s it Lucy no, hall or hsatnr Frubh, I-ii, Shipment, unit, be F O.IL, City of Fort Colin., ]W Wood Sr. Pon Collins. CO 80522 unless acquired under Dural or state an anal low' far ordi claim' m the p rfular bead, or urv:u otherwise sieei,iod.n this of Irpurni-ma is Given w prepay l migh, and den6c.,crmcb. IM1c ori,urrl l'wilht purchased or squired by tire l'urchisrr pursuant o this purchase order. bill most occumpmy iavmen. Additional dtarges for pocking will ma be ucccpmd. 13, PU RCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disunm, Where .uFanurcrs have donoming pain taus Pauof ghee orate}, shipme il'the Purchase, direeu he faller to tronan numamfnmhing or dcfthivcgwds by a time to be agreed upon by, he expected fond the nearest disvi emian ,am,ran deni lit mh, and execs. freigh, will be deductedtrainInvoice when Purchaser and the Seller, slid the Seller therolhr indicates it, inability a ones Bongoes, to comply, the Purchaser shipments are cud, Germ'Toner dinann�nay .a,, It, work 1. be Ferfemnd by the most expeditious unions available to It, cal the Seller a611 Pay all Period, SeLlef shall P—am or sellers wle on .11 ne ssary flints, <,nifioas cad Homes required by all applicable laws, feguimioo...fdirances mal rules of the stare, notnicipa0ry, temmry or politiol auWivieion where We suk is pnfomnd, or required by any other duly constituted public authority havingjurisdinion over the work el'vendor. Seller funhcr agrees to hold thn City of Iad Collins ha clan. from and against all liability and less incurred by them by rayon of an averted or established violation crony such laws, modmims, onfroadI ones and uSpiremems. Amhori,man u. All Pun o (In, contract agree that the representatives are, in Nu, Dann tide and possess full mud rrnnpinc uair ly 1. hind said punics. LIMITATION OF TERMS. This Purchase Order expressly limit, acceptance to the ems and nonillion stated hersti. an font and any supplementary ornMo.-[gem. and condilioas annexed herctc, or incom.road herein by reference. Any adi itinnal or dificout tern. and conditions p.,,d by seller are objcc,cd to and h... by njened. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedianely if you carmen make complete shipment to arrive on your Pmuua,ddchvvtyd=crnnodcd.Tinqv softhery cessene.Delisand performance in, becp1,,I,d within detime stated on the purchase order and the dwument, attached hereto. No acm of Ilia Purchaser including, without If rtfoa a,h:m ec m"Inal lure delr doll o,roduo. onus ......... u In the e'un of: ,,delay. Ne Puubson,Lulluo loJdilioutootlter legal and equitable marches, the option ofplacing this order cls.ahem anal holding ,he Sell,, liable tin damages. H.—ca. the Seller shall no, be liable for damages as a mull of Jehys due to causes nut resssowbly I'ansout which arc beyond its reasonable eonvol and without its fault of n ,li'lio, such oursofGaJ.oeuof,ild err military imhoalic, la,,nannuil priorities lire takes. Food, a Ado 'fill provided the, mice.11In, <coplio,l, camiag such delay is olln o the I'melmwr within live (5) days of the time when the Shcef tint r... m J krm,led'e thcrc.f. In the event of any such delay, the Jute of delivery shall IN, eManded fur the Period .at or the lime onually last by reason of,be delay. 3. WARRANTY. "The .Seller waormts Char all cards, antics, nunrunis and work covered by this order will conform with applicable drawings, sp hiicatioa., suttmles anchor other descriptions green, will be ]if far ,he purposes Inemod, and pfomud with the highest degree of cam unit competed ordance with accepted nations for work of a mile, daw. The Seller ag¢a held he porch an competence ,em It aly lose dunmge or expense which the Pnin nay.uffcr or incur on account ofthe Sellers breach of svarmdy. The S¢Her shall c,lart, repair or rake good,.siNout cost to the pulatim, any detects or faults at within one (1) year or within such Ironer period of lime as may be prescribed by law or by the tams ofany applicable ..,a., prnouRdby the Seller after he date of eeepunn of the gavels furnished hereunder (acceptance not to be calwasumbly delayed), resulting from imps( n or defective work done or mmnia, furnished by the Seller. Acceptance, o, use of goods by the P.mhu., shall n constitutea wait,,Many 'I'iuh under Ois wit rruty. hxecp as oduw,, ,.,,dcdt tie pmehaee urdef, Ile SdIons liability her under shall c end to all Jwnuges promuscly caused by the breach of any f,he f.reg.ing evammirs or gu mmcc., but such Liability shall in no seam include loss of polis or loss of uml. NO IMPLIED WARRANTY OR MERCHAN (ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL I EItMS. 'fhc PomM1awr If make cIran,. to legal erns by Isrule. change order. 5. CHANGES IN COMMERCIAL TERMS. 'fhc Purchase nay make any changes o the mmrs,.,he, Ihan legal emu, including additions to or ddeions loam If, quun"Ife, originally solicit it, the L,oaa iemimu ur m—rgs by verbal . venum. change order. If ony such change laRcs the amount due or the time nf,rfnr uni hemidd a, .I, equitable adjmunenf sack to made. 6. TERMINATIONS. "fhv Purchase may at say tine by sermon change older, terminate this agreement it, to any or all punoul, of the goods then not shipped, .object any equitable uhmanicat between the panics as in a by work or materials then ill progress provided that the Purchaser shall net be liable for any claim, for mnicifered Profits on the uncompleted prim, of the orals wd'or —I, fur no ideal or consequentul damages, ail that m such adlmancm be made in favor, of the Seller with mspemt to any gads which art the Sellers standard stock. No such mmaimu n shall riicve the Pmchs— it the S1111 of on, ,, ucir ablig:niom u.,n uny n^.Sa d thered hereunder. 7. CLAIMS FOR ADIUS I MEN I'. Any claim for adjmudent must but, asserted within thirty (30) Jays fmm the date the lunge or temlitution is urdacd. 8. COMPLIANCE WITH LAW. IM1c Seller warrants that all good, wld hereunder shall have been Pru hood, cold Jdlmoed and Nonsked in win .mplian c with all applicable laps call regulations tu which the grinds ate subjoin. The Seller skull ex .,,all uad deliver such decommns a, nay be nquir i of affect or evidence compliance. All laws and regulations required to be .panted i„ al,rounuous of this character ore hereby incerjusmed lacteal by this reference, Ibe Shcn agrees to indemnify and hold the Purehuscr M1urmless' from all costs and damages suffered by [[to Puehmer as a result of the Salle. failure to coolly with such law. 9. ASSIGNMENT. Neid,, party shall ussign, unainh n or convey Ibis order or ally monies due or to bomuv due bmcundcr without tlm prior is four consent ofthe other pmry. 10. TITLE. The Seller warrant, full, clear and unr ricmd[iliatothe Purchaserforall equipment,menials, andunions furnished n Shfunnaromof Nis agree t fuse and clear of any .,it all lino, or.finical , c,,noli...x. security in tares[ uumnbm.e<s and divas .1.,hns. TM1e Seller lull release We Pomace, and if, contractors of any liar from all liability and claims of any namrc exulting from the performance ofsuch work. This release shall apply even in Be even of fault of negligence of the pony nieacd and shall extend tu the directors, opine. cad cmpl'vc v of such party. I Is, Seller's conunemul bit'[., air,, including aarmnty, shall not be denned to be IedueaL in any way, because such work is performed or caused to be pertoritad by the Purchaer. 14. PATENTS. Whenever the Seiler t, requited to use any design, device, material or process covered by Inner, patent tramenmrk copyright the Seller shall indemnify and also humorless the Purchaser Gam any and all cluinas for Inf ingen by ohlon of the a of such pion" design, device,unwoul or prw nation with the contract and shall indemnify the Puohaacer for any cost, exprue or Janete which n may be obliged to pay by reason of inch inBing,ment an any lime during the prosecution or alter the cumpletion ofthe work. In cal said equipment or any can then efor the intended use of the gm,ds, is in such suit held to constitute infringement and the use of said cimpnurn Is Pun is u,ijoimdL the Seller shall.. of is own expense and at its option, either prom for life Pumla,ur the right to continue using said equipment or Franc, replace the ante with substantially equal but nonialiingin' equipment or modify it so if becomes nouinfringing. 15. INSOLVENCY. If The Seller Shull become ....hunt or bankrupt, make air assif9tmmnt for the benefit of eudiWn, appoint a elloo, or twme for any of the Sellan pmp,ry or business, this order may funhwilh be canceled by the Purhaver wilho n liability. 16_GOVERNING LAW. TM1e definitions oferms used or IM1c inmryrmfim, of,he a,e n e., and IM1c .,his .1 all panics bv,uo.der shall be ouvruN under and gov rnaf by the laws ofthe your of Culundo, USA. The following AdJ'unnal Conditions apply only ill cases where ale Seller i, fit plenum our, hereunder, h nclading ie.... fees of Sellers Rcpasenut ,c,), an Jufors, of oche. 17. SELLERS RESPONSIBILITY. The Seller .ball u.".. Laid work a, Shcrfs on risk until no sane is fully cmnpleted and.¢cp,J, and shall. in caw of any accident deninartion or injur,. the work ardor ou,nal. before 311ce, final completion , d cpa hoe omi, lne he work at Sellers mvh expense aid to theal Jla.fof of the Purchaser. When materials and equipment arc form' hard! by ill. ter ihsmllmi.nof auction by [he Seller, the Seller shill court, unload smfe and handle lime a, the sere and M'unm resporoible fhenner . damps such hmramis an&., gtipnenl ,see being fgromb,d by the Seller under thv order. H_INSURANCE The Sup,, shall, of his own,xpvnse, p unde for the paynmat of workers compensation, including onupmiorul disevw, h tilts, to its employees emalkel on or in connection with the wed covered by this purchase outer. anchor to their depricents in accordance with the Laws of the state in which the work , to be done The Seller shall also carry com,ruch-owe gnacml li.nibly including, but not formal to, comrtctual and.umnn.bile public liability nwirs o with bWily injury and Jeub limits of at (cast $300,000 for any one perm r. $500.000 for any one accident and propertry damage limit per accident of S100,000. The Seller shall hkewir require his ...pacfun, if uny, m provide In, such compensation and inamose. Before any, of thc Sella, or his commanun mnployees. shall du any wad upon me premises of.lha,, the Seller shall furnish the Purchaser with a cenificate that such comi,asisalion and'insurance have b p dd.Such moillermshit I,I the elf ].such couninvowationandm have been provided.Such cen'bwtesshall specify the Jar when such compensation aug and in expiresuThe Seller rtu mvmura that such c.pnr.nW in.nemaintainedll be maintained until alter the entire xoAis e.nincled and accepted. 19, Pins I ECl'ION A(iAINS"IACCIULN r5 AND DAMAGES, The Seller hereby assunues the entire responsibility and liability for any and all damage, how injury ofany kind or lea I.pa- caus or property al by or from the frothe execution at the work provided for in ,his purchase order cur in cotumcdon be . the The Seller will mdemnify.nJ held ha mil,a the Each. and any or all .f the Purchax ooim,, .gents and cmployces lion and again any and all clime, leas damages usages expert v whether dl... I or father, and whether to pow v w pul to hich the Purchaser may be put n airo nsby ma,muof any ath. anion, negla or default on ,he pan of the Seller, any of his chan."mrs or any of the Seller lli or coupon., olagsit'no. or employe.. In ease any wit or other pon,"iny sM1al be out .,.in. the Pumhasce.r its office,, agents or employees at any tine.[. account or by eal of any act uvtion, n,I,,, ..Italian or deficit, ,, he Seller of any of his conwacmnr it any of in or heir once,, agcros., unployvc smaasuid, Ill, Seller hereby vgves tow c fhc decal, thereof unasit deleoJ the so it the Sellers own xperse, m pay any and all corps, charges,.anomays fees and other expos any and all judgments ded may be incurred by or obtained agiums the Purchaser or any of its or their cheers, agcros or employers in such suits or other procccUings, and in call judgment or ether lien be placed upon or obtained again,, the Porten of 'he Purchaser, or said panics in of as u result of such suits or other proceedings Ill, Sella will.1 fee close fhc same m be di... and and diwharged by Saving bond ur oflunow, The Seiler and his emu ctms skull take all salty mr,aution , fmnish and install all Unit& nacmry for the prevention of accidents, comply with all Laws and regulations with regard to surety including, but %plan l limimlloa, ,he Oceupmional Safety and HaaltM1 All of 1970 and all cola and rob Imi.ns issued pursuant he... Revised 0312010 2012 Blanket Purchase Order, NABI PO 9120161 The purchase order contains Federal Requirements and has been created to facilitate payment for bus parts purchases during the year. Orders under $3,000 will be processed according to Federal Micro -purchase guidelines. Parts orders totaling $3,000 or more will be handled according to Federal Small Purchase procedures. The Transfort bus fleet consists mainly of Gillig and North American Bus Industries vehicles. Parts are generally sourced from the manufacturers and other suppliers and a minimum of two quotes will be obtained for such orders. Excluded Party Search, NABI i Advancedscarch >hlWtiple Names >Eshit Name mxl SSNRW >MYEPLS >Rece,n Updates , Brmvse M Re ... ds >Rec usentCades ,Prot ent codes ,Her onmurement cores E:xcl;uel'edlPartiies; Li'AG Search Roults for Parties Excluded by Fire, Entity, or Vessel: North American Bus Indu series' As 610SJan-20121:27 PM EST Save to MyEPLS Your search returned no results. 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