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HomeMy WebLinkAbout109315 COLORADO DOORWAYS INC - PURCHASE ORDER - 9142996Fort Collins Date: 05/30/2014 Vendor: 109315 COLORADO DOORWAYS INC 3333 E 52ND AVE DENVER CO 80216-2322 PURCHASE ORDER PO Number Page 9142996 1of7 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 05/30/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Access control/hardware 1 LOT LS South Transit Center PER QUOTE 422357 AND 422358 10,313.00 In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal clauses apply to this purchase order. 1.NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. 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 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 9142996 2 of 7 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 Contractors 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.FEDERALCHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractors failure to so comply shall constitute a material breach of this contract. 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.mm Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of /0,9Fort Collins PURCHASE ORDER PO Number Page 9142996 3of7 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 53ERMINATION 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 agrees that it will not discriminate against any employee or applicant for employment because of race, color, 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 9142996 4 of 7 This number must appear on all invoices, packing sli s and labels. Line Description Quantity i Unit Price Extended Ordered Price 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 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.mm Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of 9142996 5017 `t CollolI` Ins This number must appear J on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 4220.1F, 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 (NON PROCUREMENT) 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 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 PO 142996r Page City of PURCHASE 97 42996 6 of 7 ' `tChis number must appear Collins1 1 on all invoices, packing sli s and labels. Line Description ..,.a,,.�.y Ordered UOM Unit Price Price 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 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. 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.mm Total 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. COMMERCIALDEfAHS. Tax exemptions. By statute the City of For Collins is exempt from some and local taxes. Our Exemption Number is 98-04502. Fdeml Excise Tax Exemption Ceei&am of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised SLitmes 1973, Chapter 39-26, 1I41 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either %ben shipped or due to defects of damage in transit, any be returned to yoo for credit and are not 1. be replaced except upon mccipt of wrinen instructions from the City office Collins. Inspection. GOODS are subject 10 the City .free Collins magnetic. on arrival. Final Acceptance. Reeeipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the Ch, of Tom Collins. However, it is to be utdbommed that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be FOB., City of Foe Curia, 700 Wood St, Port Collins, CO 80522, unless otherwise specifid on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will nor he accepted. Shipment Distance. Where announcement have distributing points in various parts of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments are made from greater dismnce. Permits. Seller shall procure at sellers sole cost all necessary permih, cenificme and licenses required by all applicable laws, regulations, onlinances and ones of the stem, municipality, tenon, or politiroq subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction new the work of vande, Seller fueher agrom to hold the City of Foe Collins harmless from toed against all liability end loss item red by them by reason of an asserted or esoblishal violation of any such laws, regulations, ordinances, rules and minimal Authorization. All parties to this contract agree that the mpressnotives are, in fact, boo Ede and possess full and complete authority or bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits arc pwm, to the mom and conditions stated herein set Ruth and any supplementary or additional tcna and conditions annexed hereto or incorporated herein by reference. Any additional or different temp and continues proposed by seller are objected to and hereby rejected. 3. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately Tyra cannot make complete shipment to arrive on your pro used delivery date as noted. Time softhe essence. Delivery and performance runs, be offisted within the time stated on the purdeam order and the documents attached hereto. No or, of the 1'urckuers including without limimtion, acceptance official late deliveries, shall ogee. as a waiver of this provision. In the event of any delay, ,he Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable her damages. However, the Seller shall or be liable for damages a n much of del.,, due to causes vat, rnsonably foreseeable which art beyond its reasonable control and without its Raul, of negligence, such acts of God, acts of civil or military andamilies, governmental priorities, fires, strikes, flood, epidemics, wars or toots provided now notice of the coademeas causing such delay is given to the Purchaser within five (5) days of the time when the Seller fiat received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, anodes, materials and work covered by this order will conform wish applicable drawings, specifications, temples maker other descriptions given, will be fit for the Purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards fin work of a similar reWm. The Sella agrees to hold the purchaser harmless flown any loss, damage or expense which the Purchaser may sulier or incur on account ofthe Sellers breach of wamanry. The Seller shall replace, repair or make good, without ton w she purchaser, any defects or fail. arising within one (I) year or within such longer period of time as may be Examine! by law or by the comes ofany applicable warmnry provided by the Seller after the dam of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work &ne or materials (tumbled by she Seller. Acceptance or use of goods by the Purchaser shall not meound a waiver of tiny claim under this wfirl Except as otherwise provided in ,his pumhaae oMer, the Sellers liability hereunder sluill extend to at I damages peso mmely caused by the breach of any of she foregoing warranties or guarantees, but such liability, shall in no event induce loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchase may coke cR ages Ito legal Is. by women change oMer. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mane .,her than legal comers, including additions w or JelelVons Gum the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change allies the amount due or the time oT urfinrmamcc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may in any time by written change order, terminate this agreement as to any or all portions of the Records then not shipped, subject to any equitable adjustment between the undia, as to any work or materials then in progress provided raw the Purchaser shall nor be liable for any claims for anticipated points on we uncompge¢d portion ofthe goods and/or work, for incidental or coacquential though, and that no such adjustment he made in favor ofthe Seller with respect o any goods which are no Sellers swmlmd stock. No such nomination shall relieve the Purchaser or the Seller ofony oftheir obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment tutus be asserted within thirty (30) daya from he Mte the chango or terminaion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrene, that all goods sold hereunder shall have been produced, sold, delivered and fumishd in strict compliance with all applicable laws and regulations to which the goods arc subjem. The Seller shag execute and deliver such documents as may be, required to effect or evidence compliance. All laws and regulaions acquired to h incorporated] in a,mwwwa of this character are hereby mongrel herein by this reference. The Seller agrees w indemnify and hold the Economic hmmless from all costs and damages suffered by the Purchaver as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pare, shall assign, border, or convey this order, are any monies due or t. become due hereunder with.., the prior wrinen consent of the other party. Us TITLE. The Seller am.. hill, clear and umemicred at no tee Purchase, for all equipment, macrials, and items fumishd in announce of this agreement, flee and clear of any old all lientri , resctions, mainstream, security moment e umbmaceand claims of .,he.. 11. NONWAWER. Failure of the Purchaser to insist upon strict performance ofthe forms and conditions hereof, failure or delay to exercise any fights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a bresel ; the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of tiny of the warranties or obligations of this Purchase order and shall not be deemed a waiver of any right of the purchaser to insist ,it strict ponfeenance hereof or any of its rights or remedies ass in any such goads, regardless of when shipped, rec ived or accepted as to any poor or subsequent default hereunder, not shall any premiums] oral modification or rescission of this purchase oMer by the Puohasa operate ss a waiver of any of tee to. hereof. 12. ASSIGNMENr OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economices practice, overcharges resulting Romesatitmst violations are in fact home by the Purchase, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state national laws for such overcharges relating as the particular goads or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifilm Purchaser direcs the Sella to correct nonwnforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller hereafter indicates its inability or uawillingness to comply. the purchase may cause the work to M performed by the most expeditious means available A it, and the Seller shall pay all corn associated with such work. no Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any rows, resulting from the performance of such work. 'Ihis comes, shall apply even in list event of fault of negligence of the party releamd and shall extend m the directors, officers and employees ofsuch party. The Sellers maa tractual caliphate, including warranty, shall not be deemed in be, reduced, in any way, because such work is performed or caused to be, performed by the purchase. Ins. PATENTS. Whenever the Seller is required w eve any dei device, material or process covered by left.,, paten,, b Jemak or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser to, any cast, expense are damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. lit cost said equipment, or any pan thereof or the intended use of the goods, is in such suit held 1n constitute infringement and ,he use of said equipment or pan is enjoined, the Seller shall, a, its own expense and at its option, either procure for the Purchase( the right to continue doing said equipment or pans, replace the same with substantially equal but roninfringing equipment, or modify it so it becomes cabarenging. 15. INSOLVENCY. If the Seller shall became insolvent or bartkmp , ranks an assignmem for the benefil of lrediwts, appoint a receiver or mtsrce for any of the Sellers property or business, this order may forthwith be, canceled by the Purchacr without liability. 16. GOVERNING LAW. 'I he definitions of tams used or the manifestation of the agreemen,..it he rights of all panics hereunder shall be concerned under and governed by the laws of the State of Colorado, USA. no following Additional Conditions apply only in cases where the Sever is to perform work scandal including the services of Sellers Represenotive(s), on the pmnises ofothers. IT SELLERS RESPONSIBILITY. The Seller shall cant' tea said work at Sellers own risk until the some is fully completed and accepted, and shall, in w of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the waefcoon of the Purchosm. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, scare and handle same at ,he site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, a, his own expense, provide for the WMo.. ofworkers compensation, including.ccupamereal disease benefit, to its employees employed on or in connection with the work severed by his purchase order, suffer to their delxndents in accordance with the laws of the stale in which the work is to be, done. The Seller shall also carry, comprehensive general liability including, but not limited rat, committal and automobile public liability inmmnce with bodily injury and death limits of at least S300,000 for any one person, $500.000 for any one accident and property damage limit per accident of initiation. The Seller shall likewise acquire his cnntradors, if any, to provide 1'ar suchh .....common and insurance, Before any of the Sellers or his contractors employees shall do any work ,it the promises of others, the Seller shall famish she Purchaser with a wnifieate that such compensation and insurance have been provided. Such certificates shall specify the doe when such compensation and insurance have been provided. Such cenifcates shall specify the date when such compensation and insurance expire'. The Seller agrees Nat such comlumalion and insurance each be maintained until after dhe .If. weak is completed mM accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmleas the Purchaser and any r all of the P... leme s uflicen, agenn and com,se, loom and against any and all claims. I ... on, damages, charges or expenses, whether direct or indirect, and whether in persons or pr.peny to which the Purchaser may be put or subject by reawn of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or comments officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaze,, or its officers, agens or employees at any time on account or by reawn of any act, action, neglect, omission or domill of the Sella of any of his comments or any of its or their officers, agents or employees as ufortsaid like Seller hereby agrees to assume the deface thereof and to defend the same at Scalers awn expertise, to pay any and all cos, charges, amomeys fees and other exposes, any and all judgments that may be incurred by or obtained against the Minister or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or Where pocedir,' the Seller will a, save cause the were to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Like all safety preceutions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to aafey including, but without limitation, the Occupational Safety and Honda Ad of 1970 and all roles had regulations issud Toward thmems Revised 03n010 521/2014 %stem for Award Management Search Results Current Search Terms: Colorado* doorways* Inc* 'Your search for "cobrado* Doorways* Inc" returned the following results... 'Notice: This printed document represents any 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. Entity COLORADO DOORWAYS, INC Status: Active IUNS: 091914770 CAGE Code: 63QR3 ylew Deals las Active Exclusion?: No DODAAC: Ypiration Date: 09/16/2014 Delinquent Federal Debt? No 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 at times. oj/L/2996 Glossary Search Results Entity Exclusion Search Fliers By Record Status By Functional Area - Entity Management By Functional Area - performance Information IBM v 1. 1725.20140509-1810 SIR�O , USA. M� hUps:IAW ..sanlgodportal/public/SAM/?portal:conponentld=7cbf8635-61f6-41H-bfb6-2f54d735265a&portal:type=actonSinteracGonstate=JBPNS_rOOABXcOAB... 1/1