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Home My WebLink About120248 GILLIG CORP - PURCHASE ORDER - 9120159City Of ;,.6rt Collins PURCHASE ORDER PO Number Page 9120159 1 of 7 This number must appear on all invoices, packing slips and labels. Date: 01/09/2012 Vendor: 120248 Ship To: FLEET SERVICES - MAIN SHOP GILLIG CORP CITY OF FORT COLLINS BOX 3008 835 WOOD ST HAYWARD California 94540-3008 FORT COLLINS Colorado 80521 Delivery Date: 01/09/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 60,000.00 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. 2 Credit 1 LOT LS -10,000.00 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. 9ZL� Q. 0'/U�-Qk ;T- 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 Page 9120159 2 of 7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. 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 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 Of120159 3 of 7 `t Collins/ v es+ This number must appear] ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. Contractor's 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 close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 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 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:putchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page CI�/ Of9120159 a of 7 F/' rt CollinsCThisnumbermustappear ,\—J`'- ` ` J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. (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)). City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of 9120159 s of 7 ' `t Collins This number must appear ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. 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. 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 Policv and Conservation Act. 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/ Of20159 6077 `t Collins( v This number must appear ` 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 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Total $50,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Of Terms and Conditions Page 7 of 7 I. COMMERCIAL BE'rAILS_ Tav c-lifnions,H) samen, theCity fFort C II exempt ]wait state andlocal axes Our Exemption Danger II NONWAIVCR 98 01502 Federal Excise ran Exchamon Certificate f Registry 84 60W 5gi is registered with the Collector f Failure Of tile Purchaser Io ii-on upont' t performance f the term, and condition, hereof failure or delay to Internal I Revenue Deliver Cobnde (Ref. (Montle Be, ised Sr own 1973, (Truth 39 26 114 (a), en - y rights remedies provided her: or by lax, failure t promptly notify the Seller in tile event of a motel,the acceptance Of or payment for goods hereunder r approval of tha design, shall not release the Seller of Goods Reillbal GOODS REJECTED due to fuilua meet specifiwm hither when shipped or due to defects of any of the warranties or obligations of fill, purchase order and shall not be deemed a waiver of any right of the damage in transit may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of Its rights or remcdics as any such goods, regardless insmturnew from the Ciry of For Collins. of when shipped, received or accepted, as to any prior or sublethal default hereunder, nor shall any puryoned oral modiricuum or naeissam of this purchase order by the Purchaser operate a a waiver of any of the worth Inspceran, GOODS on, sabjca Ire the City of Fort Collins m,pectled or areal. hereof Final Acceptance Reedpt of the merdandise, .cervices or cquipmmnt in wspoust . this color can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhoul,ed payment on the pun of the City of Felt Collins. Hotsel it is to be unth Teed that FINAL Scllef vad me Purchaser "cognize Ill., in actual overcall, pnulice, my ... tactics fcsunto, from onfihust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures_ vhalation, arc in Net borne by the Purchaser. Tlwmofonefor good cause and as consideration for executin,th6 purchase order, the Seller hereby assigns to the PuMaer any and all claims it may now have or hereafter Freight Toms. Son-las must be RO H., City of Ron Collins, yW When Sk, Ton Collins. CO $0522, endless required under fedcml or saw aainus laws for such overchurges «hating to the particular goods or services othan a specified on this ardor if permission is giv prepay o freight and charge upaalyly. the original freight purcho d pursuant ther. or acquired by the Purchaser puruano this purchase o charges bill null acc,gany ii houe. AJJArthurian]churgee fur paling will .oI be uaefact, Il. PURCHASERS PERFORMANCE Or SELLERS OELIGATIONS. sl ocardonalvnac.WM1rn afueturehmcdianibetingp, cc in spans of the recent, homeee IfIchaser hascrdirellerheid thenoeorrmnfter inbnniag or damilaycpoodsbyalls, 1. ab ceHe Purchaser ciamond font the m rest neaten dirt h distance polar ,o dallhveo h t hd exws freight w be ndue.n fro n I e when Purchaser ma and the Scllcr, mud the Seller thereafter indicates Is mS ly or wt: II npocss to comply the Purchaer 36ipmcins arc made from gudwr disanco. may, maw re ark to be orfortnN by me most expeditious acres available m it and the Seller shall Imry all coos vssaciweJ wish such workserio_ applicable efiler shell procure in sellers aolc cost all necessary permits, ecrlrficaws and mutual subdivision divisi n by all the womc lax rated, or re amid by d y o ales duly Ice state, el public audtexrimry or peliisdi subdivision where s. the work ixS perforated, or squired by cry other duly Fort Calad pImmileuthonry lad against jurisdiction over the work of vendor Seller further n of to set me Ciry li Fort Collins l of s (fore and against all liability and Ion rod ul therm 6Y mason of an v»cnN or established violwien of any such lax,, regulations, ordinances, rul z and rcquir reel,,. Authododuce All panics to reds command agree that the representatives are. in fact, loan tide and possess full and complete -Hold, to hind said panes. LIMITATION Of'rERMS. This Purchase Order exprol,Ir limits ucconance 1, the from, and conditions sand hanno sm fault and any opplarnmery or ucIddiewl Lou, and conditions annexed Loreto or incoqunmd blood by reference Any additional or di0crcnt terms mind conditions proposed by roller are objected be and hereby rcjcved 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canal make complete shipment to meet on your pmmscd delivery date as noted- I all, is Oflhc essence. Delivery vnd performance amsl be cowed within the time ,fated on tic purclusc order and me dnuntcnt, attached berm,_ NO arts of the Purchasers including, without limitation, acmpmncc of'mi'I late deliveries, shall cannot, as a waiver Hills pro L In the event ofany delay. the Purchaser s[m1I have, in addition a other legal and equitable remedies, the option ofplucing this order dissolute and holding the Seller liable foe dunmevs. Hmviceco the Seller shall not be liable for damages as a result ofdchays due to cause, nor reasonably foreseeable which are beyond its reasonable embroil and withod its fault ofnmgligOwr such acts office, aes ofcied m nnifilary rioduari0er, govrmnwmal priorities. Lines, strikes, flood epidcnhics, was Or riots provided that notice of the condniom causing such delay a given 19 the Purchaser within five (5) days aI the hourwhen the Seller first received know led,, Ihcmof. In the event ofany such delay, the date of ddiverr, shall be -handed for the paid equal .the time attuolly lens by remon of the delay. 1. WARIfAN I Y. The Scher wn.ills he, all goons, sticks, materials and work covered by this order will conform with applicable drawings, specifications, samples maim, other descriptions given, will be fit for the purposes intcndN, and perfonnN with the highest degree create and competence in accordance with accepted standards for work of a in, nature '[he Sell or ogrcu o hold the purchaser murales from any lose, damage or expen which one Purdiasernmy suffialartarm onaccartailoffletwilers broadhot womanly. Tl¢Sellcr lull replace, regale or make gnJ, tsomme., t anyll fecthmfmS, erring M (pri Id hl ...... od of tit. ybprescribedbya by Ill, terns ofanyapplicable loryp ddbytf Su 'Rran,rfof opunto ofthkdoneo ,hailer amhe by thehSeeer, I. b unreasonably byth Purchaser opal not or ddRulee wok. done or maenals furnished by the .1c,I Acceptance or use of hoods by the ,do,, shall not condition,'orally l al thisty.E pI II I provided tll fpurchasedel. 11 Sellers nes or rd, concern,such ly all hall i vb p� 't ly - d by h breachcronyNO I foregoing WARRANTY Orguarantees,CHANF ABILITY OR ORPUemssnipAfib A PLY.oss a NO lh1YLIEU WARRANTY OR MERCHAN'TAtlILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS The Portion, may make changes to legal terms by wrincn change once S. CHANGES IN COMMERCIAL TERMS. 'the Yurchas nay make any clana es to the terms, other than legal terms, including additleufrom to or fro oho colunue, originally t duror in the e ofE,riroin or hereunde by verbal l wrincn chinge obeMe, m If tiny such change nd'cas the amount due or tile time ofporfmmvnce hereunder, at Heritable adjustment shall be made. 6. TERMINATIONS 'Ill, Pmh,,,r may d any torn by wriucd change alder, terminate this thoccuumn as to any o s all Eon of the goods than not shipped, subject Ill an any equitable Nrican d between the panics a,,a ally walk of materials then in progress provided that ate Purchaser shall nor be liable fur any claims In, mnlicigamd realm on Ill, anconipbted joined of Ilm goods mator wad, for incidental or conuqucntial damages, and that no such miewanntl be made in haver ofta, Seller with respect to tiny goods x'hich on the Seller standard snick No such termination shall relieve the Yurepnstt or the Scllcr ofany oflhcir,lligutihns ns lm any Y,od, delivered bcrcundcr. ). CLAIMS FOR ADJUSTMENT. Any claim for adjusnmmnt an.,, be asserted within shiny (30) days Gam the data tiro change err tarimicamn is ordered. h. COMPLIANCE WITH I LAW. 'the Seller w'armms that .all goods mhd hereunder small have been produced, said, delivered and famished In net caunplaunnov with all applicable bl laws and r g I' e is t Lich Ill, Onal, r subje . Tiles Il ex full come and del' suchd sat_ may be yuired trivet evidence pl' e �Alllm" and regulations«quird to be emp.rmd in mucia ants ofthis cbmactnr are hereof incorporated Room by this reference. The Seller agrees. indemnify and hold he Purclmsa harmhess from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law_ 9. ASSIGNMENT. Neither parry shall assign, natstiq or emsey this order, or any inonics due or to bunion due hereunder without the Four ,rate. cnnscnt of the other puny. 10. TITLE. The Seller canons full, clear and udres,rieted tide to the Purchaser tar Al equiPmenl, materials, and items furnished n succulence of this agreement, free and clear of any and all finals, r triclions town, ations, security inwrat u,undamues and claims of others. The Scllcr shall release the Purchaser and it contractors of any tier (mill all liability and claims of any nature f reaching rom tile frk e performance of wos This .doll, shall apply heed in the event of fault of negligence of Ill, Early released and shall entered ,, flue airman, of➢mar and anpbyces of such party. The Scllers continual obiilmana, including wmrmay, shwl rem be deemed to be reduced, at any way, because such x'etk is performed or caused. be performed by the Purhuer. I4. PATENTS. Whenevenhe Seller is required. use any design, device, material of process covered by Inter, Paton,, trademark ropyrighl, the Sd in, shall indemnity and avc handless the Pumhawr from any and all claims for infringetnem by ocason of the uu of such patented design, deviee, material or process in connection with die wumum. and shall indermat, Ilia Purchaser fro any red, r,Wnw or damage which h may be obliged to lay by reason armor infringement at any time during the prosecution or net the emnplhiun of he work. In as, said equipment or any pan thereof or the mmrdcd use of the goods, is in smelt all held to constitute infringement and the use of said equipment or pion is ordered, the Seller shall, al its on cxp,mc had at its option, either procure for the Purchaser the right to continue using said equipment or pan,, replace the same with subsmmrally equal but mainduinging equipment or modify it so it becomes uni ncinging. IS. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make all assignment, for the benefit of creditors, appeal, a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser oobout liability. 16 GOVERNING LAW_ The detilabous of turns used or the Interpretation oftic ugrcetnenl and the rights of all patties hereunder shall be mutrucd order and gavcreem by the Inws of don State ofC.mcmt, USA. 'rho following Additional Conditions apply only in where the Seller is to perform work hereunder, ncluding the service, of Sellers Rope... . il,ts), on thecases pre noes of clhtts 19 SELLERS RESPONSmIIITY. Lie Selle, shall an, onsaid walk 1 Sellers own Ti,k untilth`Illy completed andaccepted,and shall. in as, of troy ace de t d.bachumo injury Io the work annUar materials before Seller's final completion and acceptant, complete the wok. at Seb,e, on expense and to lie varecream. of the PurvAae. When ofulcial, had cgmp ncnl arc banished by ,Inns for in,valmuch or erect on by life Scller, Ire Seller shall rcew vc unload, saw and noodle sane at the site and become responsible therefor as though such remedial, ar:chor egdpmodl were being furnished by the Seller under the miler. Ig. INSURANCE. ' The Seller hall, tit his own expel, c, p...He car Inc payment of workers vadenou..o, including occupational disc .. benefits, he its cupla,ers employed it or in connection with the yerk covered by this purchase order, and/or to their depetidenis in accordance will, the laws f,he ,are if, which Ilia xork is Io be dune. The Seller ,null also <mh,y emapon mule genefal liability including, but not limited to, contractual and automobile public liability insurance, all budily injury and death limits Of Ica,, S100,000 for it, one W,wm. 5500,000 for any One a c..denl and propcny damage hail per accideml of 5400,000. The Seiler shall likewise rcquir, his contactor; irony,1, provide for such comucassion and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premise, artfully, the Seller shall furnish the Purchaser with a anifieaw that such confon,antan and insurance have been provided. Such cmifi.U, ,hall specify the time when such compensation and insurance have been provided. Such e,bific in. shell specify the duly when such co hmal,n on and insurance aspires. The Seller agree, that such congricanion and idsun oc shall be maintained until after the entire work is completed and accepted 19_ PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby usswmc, the crime meponvoliry and liability for any mad all doin lass or injury of any kind or cram: wlw to person, or property eased by or resulting ram the executlon,fine work provided for in this purcnuw Order or in connection herewith. The Seller will indemnify and hold Immdus the Purchaser and any e all oI the Purchase, uttiecr, ."at, and employers from and against any and all claims, lasses, damages, charges rexpem whether direct n r indirect, and whmO, to peor prawory. wI Inch the Purchaser may be pa or subject by ocaren of any act,neglect emission or default on the pan of the Scller, any of his lion, lona noon. o any of it, h Sellers or coarser, miners, agents agents or employers In w any soh co tit or by Laurentian, o snarl be brought when, against the Purchaser, of its officers, Hes, agents or employee, miy time tea y of its or by reuo h or any nts ocean neglect o ordefaultSell of the Seller es any ss his contractors or any of its or defend d her ,agents of employ,,, .c m., toroul,and,p the Seller hereby agrees : c the defense thereof and , sum defend the some at the that m own ..pm., pry any and all costs, a........Purchaser rarroya any: o and rWtt cxp her,, any and all judgments i that any be incurred o or man,, a almost ca case Pmchneo or any of its or their officer,, agents or coployha ro wen suites or other arrwrsaid pa and in caw a result or othe lion be placed upon or orchardSlle hgillor the propcnyfe Inc Yu bedisorsaidpanicsinormn foul, ofsuchsuits mother p Seller eller and the Sellerwillm onocrule thesalve iGbelons, orand aiulnrgd by givingbandosotherwise. The Sellttand his eomeanors shall fake all w, a prcaaulHi n fv ith and instill all guano m g, but for the prcv lion, hof e ac upat i complyal Safe with all laws t. 1970 ad a wiW regard to sal'cry including, but without limitation, ,he Occupational Safety and lieal,h An of 19)0 and all rvla and rcgalmions issued punuannhemto. Revised 113rz010 2012 Blanket Purchase Order, Gillig, PO 9120159 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, Gillig MICE E IM >AtivancN Sear�N � „� >AIwY FIe Names, >Eeact Name antl 55lVI1N >MVERS iRtt tUp0a15 3Er se AA RecwOs' ' Seamh ReseNs R Entity As 408J Svl ` Y mn ......a suln. B ck New S -'>Ni�,cludedl Ear6fes;uist�Sustemi i EedW E by - $ MCI H f,, el, Gilly >AwancisdS adh T, . PM EST" fbb&U ( Ma S A m ^ P YAcl Pmtix . e Fria tlty c System f& Award Mw.,~