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HomeMy WebLinkAbout187501 POUDRE FIRE AUTHORITY - PURCHASE ORDER - 9134821Fort of Date: 09/04/2013 Vendor: 187501 POUDRE FIRE AUTHORITY 102 REMINGTON ST FORT COLLINS CO 80524 PO Number Page PURCHASE ORDER 9134821 1of7 This number must appear on all invoices, packing slips and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 09/04/2013 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Regional Comm. Network Access 1 LOT LS (NCRCN) Charges for 2013 Per Invoice # 2013-14, dated 08/07/13. 4.050.00 Northern Colorado Regional Communications Network (NCRCN) is a conglomerate of public agencies that utilize the Statewide Digital Trunked Radio Systems Network (DTRS). Transfort is a member agency. EPLS search completed. 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. Part City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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 9134821 2of7 This number must appear on all invoices, packing sli sand labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. RALCHANGES City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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 9134821 3o17 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: n I j,.Ail City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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 9134821 4of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (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. (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. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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 9134821 5o17 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. 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, Contractor 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 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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 Of9134821 s °f 7 ' `t CollinsChis number must appear ` , 1on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. 11.ADA Access Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, " Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations, " Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB' s " Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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 $4,050.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 7 of 7 I. COMMERCIAL DETAILS. Tax scripturesBy r t the C'ry m`FmC.1fim is menuf di lI howx Om Exempton Numbers 11 NONWAIb FR 95-04502, Federal Excise The Exemption Corificam of Registry 84 6000589 's registered with the Collecm, of Odom if the Borrower to insist upon such paffirtnuarce Of the i - and ...dY... he ...L failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, halite, 39 26 114 (a). exescase on, High,, or pernede, prr 'ded he e n or by Is . failure promptly notify the Seller in the even of a breach, the acceptance of or payment for goods hereunder or approval alike design, shall not release the Seller of Gourds Rejected. GOODS REJECTED due to folum to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this Purchase order and shall not be deemed a waiver of any nght of the damage in wax iC may be resumed to you for credit and are not to he replaced except upon receipt of written pumbassr to insist upon stria performance hereofor any of its rights rr remedies as to any such goods, regardless imtmctmm form the City of Fon Collins. of when shipped, received or accepted, m to any prior or subsequent default hereuder, nor shall any purported amp modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the reran Inspection. GOODS am subject to the City of Fort Collins inspection on orbital, hereof. Final Aceeposox Receipt of the merchandise, se m r equipment in response to this older result in 12. ASSIGNMLNTOFANTITRUSI CLAIMS authorized payment o the an of the City of Fon Collins. However, it is m od be ,.de rst.that IINAL Seller and the Purchaser ,,.grim that in actual economic -active, overcharges msnitiilg Wm antimsl ACCEPTANCE is dependent upon completion of all upplieable pa,moul insparron procedures violations are in fact home by the Vancl can. Then mem,nlot goad cone and as emeidvmion for executing this puahate, order, the Seller hereby assigns m tire Purchaser any and all claims it may now have or hereafter Irthigh, Terms. Shipment must m EO.IL, City of lion Collim, 1W Worst St, Fort Collins, CO 80522. unless acquired ands, federal or ,are minimal laws for such overcharges timing to the pmicals, goods or services otherwise specified up this aide,. Warrant is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purcha¢order. bill must accompany invoice. Additional charges for packing will not Ix accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mnlamenvers have disWbuting points in various Pans of the country, shipment is tribe Purchaser dimcts the Seller to correct noncomandang or defective goods by a damn be agreed upon by the expected from the nearest distribution Form to des rot on, and excess freight will be deducted from Invoice when Purchaser:md the SO let, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from grenmr distance, may cause [lie work to be performed by the most expeditious means available to it, and die Seller shall pay all costs:maci:ned with such work. Permits. Seller shall Protare at sellers sole cost all necessary permits, complicates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, corrory or political subdivision where ,he week is perforated, Or required by any.,her duly comae ed public authority having jurisdiction aver the work of vendor. Seller harbor agrees to hold the City of Fort Collins hamlea form and against all liability and loss incurred by them by mason of an assured or established violation of any such laws, regulations, ordinances, ales and rtyniremeats. Authorization. All parties to this contract agree that the romesenatives are, in fret, bane fide and prowss full and complete authority I. bind snid Ponies. LIMITATION OF I EKMS. 'This Purdmse Order exprevvly limit acceptance, to she terms and conditions stated her set forth and any supplementary or additional terry and conditions.nnoxcd here,. or mcmpoated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejoined, 2. DELIVERY. PLEASE, ADVISE PURCHASING AGENT immediately if you cannot make cum -fete shipmates to move on your promised delivery data as noted Time is of the escom. Delivery and p aformane me. he deeeed within the time aimed on the -urchea, mate, and the dacamems attached hereto. No rats of the Purchasers Including, without Initiation, tomphmce oriental lure deliveries. shall operate as a waive of this provision. In the event of any delay, fla Purchaser shall have, in addition to other legal :md readable remedies, the option at photon this order elsewhere and holding the Seller hnhn for damages. IIowa,,, the Sella, shall bat be liable for damages as a result of delays due m coaxes bat reasonably foreseeable which are beyond its reasonable control and without its final of negligence, such acts of God, if, of civil or military authorities, governmental priorities, fires, strikes, had, epidemics, wan or riots provided Nat notice of the conditions causing such delay is given to the Purehaer within five (5) days of the time when the Seller firs received knowledge thereof In the event or any such delay, the date of delivery shall be extended far the period equal an the rime actually lost by reason .lithe delay. 3. WARRAyTY. The Shcer oaromp, that all goods, articles, materials and work covered by this order will confirm with applicable drawinp, specifications, samples and/or other descriptions given, will be lit for the purposes intended, and Performed with the highest degree of core ..,it conference in accordance with accepted standards lira work of a similar noure. the Seller agrees to hold the purchaser harmless from any loss, Damage or expense which the Purchaser may suffer or incur on account of the Sella breach of wananly. The Seller shall axiom, repair or make good, without cost o the prodeeea any def ice, or faults anang within one (I) year or within such longer peril of time as may be prescribed by law or by the Berm crony aarliable warranty provided by the Seller after the date of acceptance of the goods fumuted hereunder gicepmrce not to he ua..bly delayed), resulting from i aper less or detective work done or numerals dominated by the Seller. Acceptance or use of goods by the Purchaser shall not oilman, a waiver of any claim under this wamanly. Except as mberwise provided in do, purchase order. the Sellers liability hereunder stall extend to all damogee proxinm¢ly caused by the breach of any of the foregoing warranties or gn:mat@ea, but such liability shall in no event include loss of profits or loss of use. NO IM PhI ED WAR RA ITY OR MERCHANTABILITY OR OF IT I NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Puchaer may make changes to legal term by wooer change order 5. CHANGES IN COMM E.RCIAL TERMS. The Purchaser may rake any changes to the terms, other than legal seas, including addition to or deletions from the quantities mr,mally ordered in the speciircurns or drawings, by verbal or written change order. If any such change offs,, Ill, ..ain't due or tls dme of perfoaance hereunder, all equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may to any forne by written ,hang, rrder, tnminate this agreement as to any o all Ionians of the goods then not shipped subject to any equitable adjustment between the parties as to any work or materials then is Progress provided that the Purchaser shall not be liable for any claims mr.amicipmed purfits on the uncompleted ,onion of the goods and/or work, for incidental or consequential damage, and that no such adjustment b, made in favor of the Seller with respect o any goods which are the Sellers standard steak. No such temrination stall relive the Purchaser or the Seller ofany of their obligations m m pay goods delivered hereunder. ). CLAIMS FOR ADIIIS'I'MEND, Any claim for odjusnnent must be asserted within Ibidy (30) days from the date the change or termination is ordered. 8. COMPLIANCE WIT'11 LAW. The Seller ..act lMs all goods said l axi nder shall have boon produced, sold, delivered and famished in snits ompliance with till applicable laws and regulation to which the goods are mthecs. The Seller shall ememe aM deliver such closturprom m may b r required to effect or evidence compliance. All laws and regulations required to be ncorpoated in agreements of this character am hereby iucoryoamd herein by this reference. The Seller agrees m indemnify and LOW the Purchaser hamles, from all casts and damages uRend by the Purchaser e a result Of the Sauey failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall resign, trtussfer, or convey this order, or any monies due or to become due hereunder without he poor wnnen consent aFthe other party. 10. TITLE. The Seller warrants NIT, clear and unrestricted title to the Purchrom for all equipment, matmals, and items fumisM1ed in performance of this agreement, Gee and clear of any and all lien, ,examples, reservations, security interest encumbrances and claims ofothas. The Sidle, shall release the Purchaser and its contractors of any tier from all liability and claim of any nature resulting bear the performance ofmch work. This release stall apply ben i. the event of fault of negligence of the party released and sR II extend m the direcbrs, o0icers and employees of such Parry. The Sellers contractual obligations, including warranty, shall not be deemed b be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PAT ]IN IS. Whenever the Seller is required to um any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any round claims for infringement by sawn of the use of such pmented deign, device, maerial or process in connection with the contract, and shall itudemnily the Rochester for any two. expense or damage which it my be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the wad. In ease slid equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Serer shop, at its awn expense and at its option either procure for the Purchaser the right a .mine using said equipment or pm,, violate the same with umarpi.11, equal bur n.ninfringi rig equipment, or modify it so it becomes noNntiingi ug 15, NSOLVENCY If the Seller shall become precision or bardmpt, make an assignment for the benefit of creditors, appoint a prolicaT ar trustee for any of the Sellers properly or business, this order ay forthwith be canceled by the Purchaser mwithout liability. By GOVERNING LAW. The definilim, of arms used or the inter,mmuian ofthe agreement and the rights troll ponies hereunder shall be computed under and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perkerm work hereunder, including the services ofSellen Repnxnutive(sh on the premises ofrtbers. ❑. SELLERS RESPONSIBILITY. The Seller stool carry on said wort: at Sellers own risk until the apple is hilly completed and unrelated, and shall, in u of any accident, destmdion or injury to the work andNm materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of fare Prudential. When materials and equipment are famished by others Er installation Or erection by the Seller, the Seller shall receive, unload stare and handle same at she site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational duase benefits, to its employees employed on or in connection with the wad covered by this purchase order, and/or to their dc,o nden, in accordance with the laws of the zue in which she work is to be done. The Seller shall also carry, emprebeosn, general liability including, bur net limited on, mntracmal and automobile public liability insurance with bodily injury and death limits offal least S300,000 for any one person, S500,000 for any eme ,cider and prof damage li aril per accident of S410J13d. The Seller shall likewise require his mtmoors, if any. ro provide rat such compensation and insurance. Before any rf the Sellers or his contractors employees shall de, any work upon the promem, ofothea, the Seller Shull Finnish the Purchase with a cendicam that such compensation and insurance have been provided Such certificaes shall specify the date when such compensation and insurance have been provided. Such mratimtes shall specify the date when such compnesatian and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until offer the entire work s completed add azcepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for tiny and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or ratting front the execution of the work provided for in this purchee artier .,,a comecion herewi Ill. The Seller will advent ly and hold hamdess the Purchaser and any r all of the Predators offie s, agents and employees turn, and ngaimt any and till claims, lasses, &.,.,a,. charges Or expenses, whether direct or indirect, and whether to persons Or property to which the Purchaser may be put or subject by reason or any act action, neglm, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractor, officers, agents or employees. In cam any suit other pmeedup stall be brought against the Purchaser, or in oflicen. agents or employees at any time on account or by reason of pay act, action, negail, omission or default or the Seller of any of his commcmrs or cony of its or their oficam, agents or employees a aforesaid, the Seller hereby agrees ea assume the defense thereof and to defend the same at the Sellers own expense, m pay any and AI costs, charges, attorneys fees and Other expenses. any and all judgments Ihm may be incurred by or obtained again, the Purchaser or any of its or their oT.-or, ,ml, or employees in such suits n, mlm, proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or Other proceedings, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety precautions, famish and imull all goads m cconry for the prevention of accident, comply with all laws and mgulmion wild regard to safety including, but without limimtion, the Operational Safety and Health Act of 1970 and all ales and regulations issued pursuant thmeas Revised 032010 System for Award Management Page 1 of 1 Search Results Current Search Terms: pout re- Fire* authority' Notice: This printed document represents only the firs, page of your SAM search results. More results may be available To Entity poulm Fire AuthorRy SIatUS: AaiveC DUNS: 193333325 CAGECode: 5GRE4 yew De[ails Has Active Exclusion?: No DoDAAC: SAM I syftem b. Award Ma....... 1.0 Note to all Users: This is a Federal Government computer system. Use of this system constiNtes consent to monitoring at all times. IBM v 1. 1149.20130801-1829 USA .g2v https://www.sam.gov/portal/public/SAM/?portal:componentld=fb67166e-75d6-44cc-b77f-1... 9/4/2013