HomeMy WebLinkAbout109184 LEWN & ASSOCIATES - PURCHASE ORDER - 9105229PURCHASE ORDER PO Number Page
' Q - 9105229.
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Date: ` 10/65/2010
Vendor: 109184 Ship To:' MIS
LEWAN & ASSOCIATES. CITY OF FORT COLLINS
1608 S.COLLEGE AVE2 2115 MASON, 3RD, FLOOR
FORT COLLINS Colorado-80525-1007. 1 FORT COLLINS. olorado 80524-4
Delivery Date: 10/04/2010 Buyer:.. ED BONNETTE
Note: PER.BID 7178 AWARD TO•LEWAN
PLEASE SHIP TO ATTN ZACH WOOD CONTACT #,(970)416 2722:
uanti Q '
Line Description UOM „ Umt Price :, Extended
Ordered _. ._. Price
1 HP STORAGE WORKS P4500 1 LOT EA 90,050.00
PER BID 7178 AWARD
PROCUREMENT PROVISIONS
This contract is funded by the Energy Efficiency and: Conservation Block;GrantProgram -Formula Grants
(EECBG) and the " American Recovery and Reinvestment Act of 2009"
(ARRA). In compliance with EECBG and ARRA requirements contractors and subcontractor,must adhere to the:
following provisions: s. , •,•;, ,
SPECIAL TERMS AND, CONDITIONS, FOR;THE ENERGY'EFFICIENCY.AND CONSERVATION BLOCK
GRANT PROGRAM:- FORMULA•GRANTS
1. FEDERAL,:STATE;•AND MUNICIPAL REQUIREMENTS
.,
You must obtain any required permits and comply with applicable federal,'state,. and municipal.laws, codes,: and
regulations for work performed under this award.
3. LOBBYING RESTRICTIONS.-,z „
By accepting funds under this award, you agree that none of the funds obligated on the award shall be
expended, directly or indirectly; to influence congressional action on any.legislationor<appropriation matters
pending before Congress;:other thamto communicate. to; Members of Congress -as described in-18'UrS.C. 1913.,
This, restriction is. in addition!to those prescribed elsewhere`in statute and regulation.
4. 'NOTICE 'REGARDING.THE PURCHASE OF•AMERICAN-MADE,,EQUIPMENT AND PRODUCTS - SENSE. -
OF CONGRESS
It is the sense of the Congress that;;to,the greatest.extent practicable, all equipment.and products purchased with
funds made.available under this award should be American -made:
5. INSOLVENCY,- BANKRUPTCY OR RECEIVERSHIP
2.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over,$5000 unless signed by James B. O'Neill II, CPPO
Invoice'Address:
•'City of Fort .Coil'ins
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 ; P.O`Box 580
Fort Collins, CO 80522-0580
City Of-- =:.
F6r.tCo'llins
;PURCHASE ORDER PO Number Page
9105229 z of a
This'numberrn 'appear
oli alnvoice packing
l
lips -and labels.
Line Description Quantity UOM Unit Price Extended.
Ordered Price'
a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your parent's_
filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii).your consent to the
institution of an, involuntary case under the Bankruptcy Act against you or your parent;'(iii) the filing of any similar
proceeding for or against you or your parent, or its consent to, the dissolution, winding -up or readjustment of your
debts, appointment of'a'receiver, conservator, trustee, or other officer with similar powers over you, under any
other applicable state or federal law; or (iv) your insolvency due to your inability to pay your debts generally as
they become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of an -event
referenced -in paragraph a; (ii) provide the facts surrounding that event; and (iii).provide the impact such -event will
-have on the project being funded by this award.
c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right to
conduct a review of your award to determine your compliance with the required elements -of the award (including
such items as cost share, progress towards'technical project objectives,�andsubmission of required reports):• If
the DOE review determines that there are significant deficiencies'or concerns with your performance under the
award, DOE'
r'eserves the right to impose additional requirements, as needed, including (i) change your payment
method; or'(ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of this
financial assistance award by the Contracting Officer.
ARRA TITLE.XV-ACCOUNTABILITY AND TRANSPARENCY
WAGE RATE REQUIREMENTS
SEC. 1606. Notwithstanding any other provision of law and in a manner consistent with -
other provisions in this Act, all laborers and mechanics employed by contractors and
subcontractors on:projects'funded directly by orassistedAn' ;hh616 br,iff part• by and through the Federal
Government pursuant to this Act shall be paid wages at rates not less tfian tfiose�ore`vailing on -projects of a
character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code. With respect to.the labor:standards specified:in this:section;` the—':
Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950
(64,Stat:,1-267.; 5<US;C: App:) and,section.3145 of titie.40; United:States Code: -
EMPLOY AMERICAN WORKERS ACT
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP' FUNDING. "
PROHIBITION-
(1) IN GENERAL- Notwithstanding anyother•provision •of law, it shall be:unlawful for
any recipient'of'funding.under title I of the Emergency Economic -Stabilization -Act of 2008-(Public Low.110-343)
or section 13 of the Federal Reserve Act (12 U.S:C. 342 et seq.);to,hire.any.nonimmigrant described in section
101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in
compliance with •the+requirements:for;an"H-1 B;d'ependent employer (as defined in section 212(n)(3) of.sucfi.Act
(8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall -not apply..
(2).DEFINED :TERM.-In,this subsection, the term " hire" means -to permit anew :=
employee to commence a period of employment: •
Invoice..
Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II; CPPo City of Fort Collins
Cityof Fort•Collins Pui:chasm POVBOX 580, Fort Collins, CO 80522-0580 Accounting Department
,
Phone:970-221-6775 Fax' 070-221`-6707 Email:purchasing@fcgov.com PO BOX;580 .
Fort Collins, CO 80522-0580
City of PURCHASE ORDER O Number
Page
Ortt 3' of 4
C[tins FThj: number must appear
ll invoices,packing
s and,labels.
Total $90,050.00
C3. OYI�sLQ. s�-
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
:Nrr,�... { t ., .11 It. �11. �115 ��'•
Page 4 of 4 r
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Dcnver,Coimado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped car due to defects of
damage in tiansit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the Cityof Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Tertns.�Shipmcnts_ must be F.O.B., City of fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and'coriditions hereof, failure or delay to
exercise any rights or remedies provided herein orby law, failure to promptly notify The Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval,of the design, shall not release the Seller of
any, of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped received or accepted, as to any prior or subsequent default hereunder, not shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. 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 hereaficr
acquired under federal or state antitmst,laws forsuch overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first 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 of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or 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 for work of a
similar nature. 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 Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within 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 (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of usc. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time of perfommancc hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of arty tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of faith of negligence of the party released and shall extend to the
directors, officers and employees of such party. .
.The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
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.contmct, and
shall indemnify the Purchaser for any cost, expense or 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. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of all parries hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Scller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and 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 from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify, and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser 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 parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010
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