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HomeMy WebLinkAbout223349 ALL COPY PRODUCTS - PURCHASE ORDER - 9142177Fort Collins Date: 04/17/2014 Vendor: 223349 ALL COPY PRODUCTS 4141 COLORADO BLVD DENVER CO 80216-4307 Ut1 ZI: INIAKIIII' 1111 PO Number Page 9142177 1of6 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 04/16/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Sharp MX4141 N Copier Purchase 1 LOT LS 6,666.00 Per Order Agreement for Purchase of one (1) Sharp MX4141N Mulifunction Copier/Printer System, Serial #: TBD Location: Transfort-South Transit Center, 4915 Fossil Blvd., Fort Collins, CO 80525 PO covers equipment purchase only. - Service and Supplies costs not included in this PO. Per All Copy Products quote dated 03/20/14 submitted in response to competitive bid request dated 03/12/14. Final configuration per Order Agreement dated 04/01/14. Includes no trade-in copier. EPLS Seach Completed. In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federally required Federal Transit Administration (FTA) Contract Clauses apply, details attached: 1.NO GOVERNMENT OBLIGATION TO THIRD PARTIES 2.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 3.ACCESS TO RECORDS AND REPORTS 4.FEDERAL CHANGES 57ERMINATION 6.CIVIL RIGHTS REQUIREMENTS 7.DISADVANTAGED BUSINESS ENTERPRISE (DBE) &INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 9.GOVERNMENT-WIDE DEBARMENT AND SUSPENSIO (NONPROCUREMENT) P,4 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 9142177 2of8 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 10.ENERGY CONSERVATION REQUIREMENTS 11.CARGO PREFERENCE REQUIREMENTS 12.ADA Access 13.CITY OF FORT COLLINS BID PROTEST PROCEDURES 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 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 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.00m Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914217er Page City of PURCHASE 42177 4 of 8 ' `t Collinsr his number must appear V 1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. (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 at 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. !il 11I P14 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.cem Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914217er Page City. of9142177 3of8 ' `tChis number must appear Collins1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price ExttendQed 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. 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 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 PO PURCHASE ORDER 914217er Page ('.lid/ of PURCHASE 9142177 s of e ' `t Collins This number must appear ` ` 1' on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (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. 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. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 of PURCHASE ORDER PO Number Page 9142177 safe This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any 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. 11. CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities .pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of - lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractors bill -of -lading.) c. to include these requirements in all City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9142177 7 of a This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 12. ADA Access Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 at 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. 13, CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailinq: Purchasing(a,fcgov.com or calling 970-221-6775. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Terns and Conditions Page 8 of 8 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from slate and local boxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Canicula of Registry 84-6000587 is or,sterd with the Collector of Failure of the Furohaur to insist upon most performance of the test and conditions hereof, failure ar delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Strauss 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance ofer payment far goods hereunder or approval of the design, shall not release me Seller of Goods Rejected. GOODS REJECTED doe to failure to meet specifications, either when shipped or due he defects of any of the warranties or obligations of this purchase order and shall nor be deemd a waiver of any right of the damage in ttatutr, may be reNmed to you for credit and are not to be replaced except upon receipt of andr an parchaser to insist upon strict performance hat afor any of its rights or remedies dies as to my such goods, expellers inshucdons from the City of Feat Collins. of when shipped, exceived or accepted, as to any plan an subsequent defeat, hereunder, rear shall my purported oral modification an rescission of this purchase order by the Purchaser operate as a waiver of my of me temu Ins,retim. GOODS arc subject to due City of Fort Collins inspection on arrival. hereof. Finn[ Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. outheriad payment oa the pan of the City of Fort Collins. However, u is to be understood that FINAL Seller and the Purchaser recognize that in actual ec no is practice, overcharges resulting from amihnr ACCEPTANCE is dependant upon completion of all applicable criminal inspection procedure. violation are in fact home by the Purchaser. Theretofare, for good cause and as containment for executing this purchase order me Seller hereby assigns to me Purchaser my and all claims it ray now have or hereafter Freight Terms. Shipments most be F.O.B., City of Feat Collins, 700 Wood Sk, Fon Collins, CO 80522, unless acquired under federal or sate m,iwst laws for such ovel a ps relining to the Particular goods or services otherwise specified on this order. Ifpermission is given 'a Prepay freight and charge separately, the original freight purchased or acquired by the pardoner pursuant to mix purchase order. bill most amompay invoire. Additional charges for tacking will trot be acceplM. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. have Jisation,,apoints in various parts of the country, shipment is Shipment Distance. Whim manution Ifthe Purchaserdirectthe Seller defectivegoods byadate to beagreed expected from the nearest distribution point m destination, and excess freight will be ddu<mJ from Invoice when poi ecartednonconformingor teupon Purchaser Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipment are made from grtasr distance. may cause the work to be performed by the most expedition meets available to it, and the Seller shall pay all ousts associated with such wort. Permit. Seller shall procure at sellers sale cost all necessary permit, cerificatea and le,. required by all applicable laws, regulation, ordinances and roles ofthe sate, municipality, armory or political sabdivisioa where the wank is performed, or required by any other duly cmttietiod public authority havingjurisdiction over the ware of vendor. Seller further agrees to hold the City of Fan Collins Formal. from and against all liability and lass incurred by them by ¢ran of m asserted or established violation of any such laws, regulations, odinances, roles and requirements. Aarlhmoi idiom. All parties to this commit agree that me represenbotives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order eximnd, limits acceptance to the terms and andilions sated herein set falls and my supplementary or additional teens and imilitioa mnexd hereto or incorporated herein by reference. Any addiliand or different sans and cmditions proposed by seller are objected to and hereby armed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pramised delivery date as noted. Time is of the essence. Delivery and performance most be effected within fee time stated on the purchase order and the doeummt atbochd bacon. No acts of the Purehosem including, wlthad limitation, acceptance of halal late deliveries, shall operate in a waiver of this pruvisinn. In the event of any delay, the Puahuer shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damagea. However, the Seller shall not be liable for damages as a result of delays due to causes rant ..My foreseeable which am bryoud is mommblc annul and without its fault of negligence, such act of cad, rot of civil ter mJiary aamori6es. gavemmmul Florida. fee , strikes, mood, epidemic, wars or coca provided mat notice of the conditions causing such delay, is given to the Particular within five (5) days of me time when the Sella first received knowledge therm[ In Our event of my such delay, the doe of delivery shall be extended for the period eqal to the time actually lost by reason ofma delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will comment with applicable drawings, specifications, samples soaker other Jescriptious given, will be fit for the purposes intended, and performed with the highest degree of care and conference an accoNarce with aapted sandvds for work of a imilar nature. The Seiler agrees to bold the purchaser harmless from any Ins, damage o expense which the Purchaser may supplier incur on account ofthe Sellers breach of warmnry. The Sella shall replace. repair or make good, without cost to the purchase, my defect or fault adsing within one (1) year or were such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder hereprmce not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance to, use of goads by the Purchaser shall no constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase oreen the Sells liability hereunder shall extend in all damages proximately caused by the breach of my of me foregoing wartanlss m or guantces, but such liability shall in con event include loss afford. ar loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhasa may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. That Purchase, may make any changes to the berms, .,her than legal star, including additions to or deletions from the quantities originally ordered in me speculation or drawings, by verbal in wine, change order. If any such change affects the amount due or due time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase may at any time by aria change order, temmiam this agreement as to coy or all poni of the goad then not shipped, subject ter any equitable adjustment between the parties as to any work or materialthen in progress provided that the Purchaser shall not be liable for any claims for anticipated petit on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that oo such adjustment be made in favor of me Seller with respect to any goods which arc the Sellers sonde d stock. No such termination shall relieve the Purchaser or me Seiler ofmy of their obligations as to any goods delivered hereundar. T. CLAIMS FOR ADJUSTMENT. Any claim for adjnament must be asserted within thirty (30) days fmm me date Use change or tennivtion is ordered I. COMPLIANCE WITH LAW. The Seller warrants mar all goods sold hereunder shall have been produced, sold, delivered and perished in secret compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such document m may be eventual to effect or evidence compliance. All laws and regulation counted m be incorporated] in agreement of this character are hereby iacmpmted herein by this reference. The Seller agrees to orientally and hold that Pardoner homeless from all cost stet damages suffered by the Pachasa as a result of me Sellers failure m comply with such law. 9. ASSIGNTENT. Neither party shall sssign, tromfe, or convey this order, or any monies due or to became due heremder without the plot wa ttan consent ofthe other parry. 10. TITLE. The Sella warrants full, clear and umatrided title tome Purchaer for all equipment, remains, and items Boosted in performance of this agreement f a and clear of my and all lirns, restriction, regmation, secwi7 interest membranes. and claims of others. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any a am resulting cam the performance ofmch work. This release shall apply even in the event of fault of negligence of the party reheard and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be educed, N any way, because such work is performed or caused to be performed by the Purchasn. 14. PATENTS. Whenever me Serer is required m use any dosip, device, material or process cmemd by lane, pent, wdaark or copyright. me Seller shall indemnify and save harmless the Purchaser from my and all claims fro infringement by rearom of the use of such perented design, device, material or process in connection aim the contract, and shall indemnify the Purchaser for any roar, expense or damage which it may be obliged as pay by reason of such infringement at my time during the prosamion or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either procure for me Purchaser the right to continue using said equipment or as, eplace the same with substantially equal but continuing, equipment, or malify it ser it becomes weathering. I S. INSOLVENCY. If the Seller stall become insolvent or bandmpt, make an assignment for the beneN of coeditors, appoint e receiver or trustee for any ofthe Sells protamy or business, this order may hindrancebe canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition ofterms used or the interpretation of me agreement and the right ofall parties hereunder shall be combined coda and governed by me laws ofthe Sam of Colorado, USA. The following Additional Condition apply only in cases where than Sella is to perform work heeunder. including me snores of Sellers Rrprevenativask on the pmniscei of others. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the sane is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work md/or materials before Seller's final completion and acceptance, complete me work at Sellers own expense and in me satisfaction of the Purchaser. When materials and equipment are harmonic] by others for irtallation or marine by me Seller, me Seller shall receive, unload, sort and handle same at ,he site and become responsible therefor res though such inatecals andiA, equipment wort being f ishd by me Sella under the order. 18, INSURANCE. The Seller shall, re his own expense, provide for the payment of workm compensaion, including occuptir al dimau benefit, Ian its employes employed on or in remain. with the work revered by this purchase order, maker to their dependent in accordance with the laws of the some in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, contractual and automobile public liability insu carr a wi h mutiny injury, and death hunts of at 1—t 53agn00 for any one penoq 5500.01st fur any one accident and property damage limit per accident of S400,IX0. The Sella shall likewise require his contractors, Barry. to provide for such comp rrommn and inurenm. Before any of the Sells or hii cantracrear employees shall der any work upon the premisn of others, the Seller shall famish the PurcM1= ^with a areifiate Jut such compensation and inuonce have been Provided. Such cenifirmas shall specify the date when such compensation and insurance have tau provided. Such anifia,es shill specify the date when such compensation and in expires. Thcompensationiam e Seller agrees that such and ance shall be maintained unit] suer me emire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mspnniold, and header, for my and all damage, loss or injury of any kind in azure what ever to parsons or pmperry caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will inderunify and hold M1artnlms me Puritiv er all any or all of the Purebzsm officm, agent ad employees fmm and against my ad all claims, losses, damages, charges or expenses, whither direct or indirect, and whether to persons re property m which me Purchaser may be put or subject by rec me of any act, action, believer, omission or default on the part of me Sella, my of his contractors, or any of the Sells or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agent or employees a, my time on account or by reason of my act, adon, neglect, omission or default of the Seller of any of his contractors or any of it or their officers, agent or employees ss suffirraccard. me Seller herby agrees to assume me defense thercof and Ian defend the same at dre Sells own expersse, to pay may mad all cast, charges, attorneys fires and other expertes, my and all judgments Wt may be incwd by or obtained against the Purchases or my of its or their ofpcm, agent or anp[oyms in such suit or adult proceedings, and in case judgment or other lien be placed upon or obtained agaimt the property of me Purchaser, or said parties in or as a result of such suit or other praadings, be Seller will at once crave the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaudom, famish and imtall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but wlmou, limitation, the Occupational Safety and Hmlth Act of 1920 and all retained orpheriam issued personal ferrate. Revised (Ord 10 System for Award Management Page 1 of 1 Search Results Current Search Terms: All* Copy* products* Colorado* Notice: This printed document represents only the first page of your SAM search results. More results may be available. To print your complete search results, you can download the PDF and print it. No records found for current search. SAM I System for Award Management 1.0 Note to all Users: This is a Federal Government computer system. Use of this system constitutes consent to monitoring at all times. Glos Seam Resin Entity Exclus Seam Filter By Re( Status By Functk Area - Manag By Functi( Area - Perfon Inform IBM v1.1624.20140326-1657 ® � A•9S https://www.sam.gov/portal/public/SAM/?portal:componentld=66fdb602-77f6-4ba0-914a-... 4/ 17/2014