HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9117659PURCHASE ORDER PO Number Page
City ofs� 17sss , of 2
t Collins
I „s This number must appear
" 1 , on all invoices, packing
slips and labels.
Date: 12129/2011
Vendor: 109184
LEWAN & ASSOCIATES
1608 S COLLEGE AVE
FORT COLLINS Colorado 80525-1007
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS Colorado 80524
Delivery Date: 12/28/2011 Buyer: DAVID CAREY
N ote:
Line Description Quantity UOM Unit Price Extended
Ordered Price
r Copier Maintenance & Supplies
for Sharp ARM-277 at Sign Shop
1 LOT LS
for refurbished Sharp ARM-277 Copier,
Serial #: TBD
Location: City of Fort Collins -Traffic Operations @ 626 Linden Street,
Fort Collins, CO 80524
Leased per PO# 9117658.
Base Charge: $10.00 per month
Includes:
500 B/W prints per month
Additional B/W Prints @ $0.02 each.
Per Lewan & Associates Cost Per Print (CPP) Agreement received 12/22/11
Line amount for 12 months estimated total Print charges.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Total
Invoice Address:
300.00
$300.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchasc Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL. DETAILS.
Tax n s. By statute the City of Fort Cll-. —In, too., an , d local . a0 Ftruia Number is 11. NONWAIVER
99045C , Federal Ex T Exemption C t f t cof Rene,, RJ 60( 15R) is ml,i 'ilh TM1e Caftleour of Failure of the Purchaser a —is, rpm strict performance ofthe terms and conditions ha cof, Tell or delay To
Imemol Bell, , Denver, Colorado (Ref. Colorade Revised Slmmes I973, Chapter VI.2fi. 114 (of exercrw any rights or ranches pmviAed Train or by law, failure In paximpdy notify the Seller in the cam of A
breech, the neeeptnnce"for payment for'cads hereunder or appmva' ofthe design, .shall not release the Seller of
Goods Rejected. GOODS REJECTED due in failure m never Teri liroumn, either, too shipped or due rT JcmG, of All of the wnmntics or obligations of This pnrcha.w order and shall not be deemed a waiver of any right of the
damage in transit, may be rearmed to you for credit and arc not to be replaced except ideal receipi of written purchaser to insist upon strict performance hereof or any of its rights Trremedic, as to any such grad,, regardless
instructions form The City of Fort Cnllinsof when shipped, received or accesmc. AS ,, any prior or subsequent default hereunder. on shall any pnToned
Tnl nuei ftcmon or acici of this pumbas once by the Purchaser Tp nm as A Amver of any of the terms
Inspection. GOODS arc suhiect In the City of Fort Collins insreai"n on nrriva 1. Lcraf.
Final Acceptance. Receipt of the merchandin servmca or cquinacin in ralmnn to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS.
malmrimd payment the .an of the City of run Colin. However, it i a bce und<a,mod that FINAL Seller And The Purchaser r cognim that actual c e prat cmli resulting from antitrust
ACCEPTANCE is classicism, upon enndensin oLatl appicable required inspection pmcema,u. •'relations arc in fact borne by the remhuce Theretoforfor a good cause and as cnnsideration for executing this
purchase mi the Seller hereby aligns to the Puma— any end all claims it may now have or hvoaftcr
Freight Terns. Shipments must b, FO. b.. City of Fail Collins, )Oft Wong St.. Fnn Collins CO 90522. unless acqu ad under federal or .state anifmit Imes for such overcharges relating to the particular goods or sxrviccs
olavvin specific no this orde, if pvmisurot is given to prepay Night and charge narrowly, the original freight pummsed maagred by The Aurchaso pursuant to this prooh eTreat
bill must aeaonepny invoice. Additional charges for sacking will no, he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where mnuLatrem have distributing minl.s in n us pas of the conmry, shipment is Fifth, m rect th, Purchaser dires the Seller cornonconfm o,ing or defective foods by a date to be agreed upon by the
expected gamin the m m the earest distribution print des seen, and exeem Fang will he deducted form Invoice when Po chaser and the Sclleeand The Seller thereafter indicates its inabiliry or umvillinpness to comply, the Purchasr
shipments art made fmm Smarr distances man, cause the And to be performed by the most csscdilinus means available to it, and the Seller shall pay all
own ac<rcm,s] with ,,all •uric.
Permits Seller shall pmoore at sellers sole cast all seeesmry Demits, certificates and hccnsse squired by all
Applicable laws, regulations, rNinmces and rles of the state, municipality. Janimry or political subdivision where
the Awdc is performed, wer required by any other duly constituted public ambmity havinS jurimict n near The work
of vendar. Seller further agrees to held the City of Fan Collins hannlcss fmm and against all liability and Ins,
incurred by them by reason clam asserted at established •'rotation ofany such laws, regulations, ordinance,, miles
and marmirerncwm.
Authentication. All panics to this comma agree that the mr,crcntalives am in fact. hour Side eM pass¢, full and
complete audinumv to bind said pan
LIMITATION OF TERMS. This Purchasc Order expnxny Iimiu acceptance to The temp an conditions .Build
herein set tomb add any supplementary or additional moms and conditions annexed hi or incwspamte herein by
estuaries Any additional or diRerrnuems and conditions propose by seller are objected to and Fanny evened.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT inamedimcly Hisao cannot make complete shipment to mar,i on you
pmmisul delivery date ns noted. Time is of the essence. Writer, and performance sees, he eHamd within the time
state an the purchase order and ,he documents attached hereto. No nets of the Purchasers including, %I ilhou,
limitation, ncccpmnce of Partial Ism deliveries, shall operate As a waiver of this prevision. In the event of any delay.
the Purchaser shall have, in addition to other legal and equitable remeiee. the option of placing this over clscwhom
and holding the Seller liable for damages. However, the Seller doll not be liable for damages Ass rain, of delays
due to ruses not reasonably fomucable which am beyond its reasonable control and A'ithnnt'as flat, of ne6fgmrce.
rush acts ii Acts of civil or military ambodfies, governmental priorities fro,, strikes. Rood, epidemics, wars or
hors pmvidcd that notice of the conditions causing such delay is given to the Purchaser within fear, (5) days ofthe
time when the Seller first warived owwlege thsesof. In the event of any such deay. TM1e date of delivery shall be
extended for the penal equal to the time actually lost by reason of the delay.
d. WARRANTY.
The Scllcr warrant, thin All fiords. Articles. Fri and Aork mvcral by this enter will conform with applicable
drawings. cleaifiestmns. marries and/or other daviptioss given. will M ❑t for the pngarwe intended, and
perfome with The highest degree of Are and cwmpmence in Accordance with accepted standard, for work of a
miler nature. The Seller al,mr, to hold the purchaser hamhes, from any Ina. damage or expense which the
Purchaser may stRv or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make
gad, without cast Io The purchases, any cereals or fauns arising within one (I ) year or within such longer period of
time as may be picenbcd by law nr by the corms deny applicable warranty Provided by the Seller offer the date of
acceptance of the guests Pomisled hereunder (Acccrouee not to he unreasonably delayed), sesrhing fmm imperfect
or defective work time or materials fnmished by the Scllcr. Acceptance or use of Surds by the Purchar— shall not
nal a waiver ofany claim under this wamnry. Rawpt An alhem'uc provided in this p.,These order, the Sellers
liability hacTmer shall wend to All damages era mamty aimed by he breach ofany nf,he farx,am, w comic,
or guarantees, but such liability shall in no event Incladc loss affronts or loss of rise iso tMPLIrD WARRANTY
OR MERCHANTABILITY OR OF Ft'DlEss FOR PURPOSE SHALL APPLY.
d. CHANGES IN LEGAL TERMS,
The Purchaser may make changes, to legal Jams by written change order.
5. CHANGES IN COMMERCIAL TERMS -
The PurchasesmAy make any changes m the arms, other than legal terms, imod And addlitions to or dclelima from
the quantities angina Fly ordered in the srccilkinu , or drawings, by verbal or ",yawn cbange racer. If any s,ICM1
change affect, the mmun, due or the rims of olfmmmnce M1crcunder, ern equitable mI, o,e n un shrill be node,
6. TERMINATIONS.
the Parch A, any time by writer change ardor, mrminmr this agree cot us to any or all portions of the
ponds then nor shipped. mbjaf to any equitable Ali ... t between the ramie, as m any work or marinls,len in
prei ninsider! TM1m the Purchaser shrill not he liable for any claims for omieipsled pmfns on the Annul
plartionofthe goads and/or work, for ineidenml or ennmquential d:nnum anti That no such adlrreunan be mule in
favor of the Seller evilh respect to any Dreads which arc the Sellers standard stock. No such termination .shall relieve
the ParcM1r,cr or the Seller f Any aftheir obligations as to any C"mto deli, cmd hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adlus meal must be owned within thirty (30) drys from the dam the change or temuinalum is
momed-
R. COMPLIANCE. WITII LAW.
The Seller m s that Ill fonds sold hereunder shall have been pmduced, sold delivered And furnished in strict
oomInivice with .
I1 aspreaM, Iiii and rcgomions to which the goods are subject. The Serer shall uncion And
deliver such doeumems a may M well to effm or e. idCulm compliance. All laws and reguatnns required to he
neotporamd in Immaterial onlis character A,a hereby incorporated heroin he this reference The Seller agora to
indemnify and hold the Purchaser homeless fmm an cons and damages soft Sid by the Purchasr as a result oflhc
Sellers finhueto cattily with such Ise.
9, ASSIGNMENT.
Neither parry shall assign, Transfer, or convey this once or me, Tactics due or to become due hereunder without the
prier written consent of other pane.
10. TITLE.
The Scllcr wamnrs full, clear and unrestricted title to the Purchaser far all cquipuri material, and items fnmished
in performance of this agreement, face and clear of any and all lisps, restrictions, rcwmwfion,. security inmmn
.combinations and claims of otbcra.
The Seller shall release the Purchaser and its contncmrs ofany ties fmm all liability and claims ofany nature
Trading from the performance ofsuch work.
This release shall apply corn in the c%cni of fault of negligco s, of The party released and shall extend to the
di,ecmr,. nlrccrs AM employee, of such party-
TheSeller' contrucluil obligations. including w rramy. shall not be deemed to be reduced, in anv is av, because
such work is per(mmtcd or cause to be performed by IM1c Pu vinuam.
la. PATENTS.
U'benever the Seller is requirN to useany design, device mammal orPmc,, awerN by Inner. street. rademarh
or copyright. the Seller khan indemnify and save hamdesa the Purchaser from any and All claims fat infringement
by reason of the use of such pavmmd deign. device material or Vessel in connection with the connect, and
shall indemnify the Pumh mr for any cost. irt,sew or damage which if may be obliged to ray M aviation of such
infringement at any time during the prevarication or after the completion of the work. In case said equipment ar
any pan flu m f or the inmmlcd use of the bond% is in such still held to connimte unintentional eemenl and the use of
said equipment or pan is enjoined the Seller shall, at its can expense and at its option, either possum for the
PumM1ner The Tight to continue using said ccanipmor, or pans. replace the same with .subliminally equal but
nominfringing equipmcm, or modify it as it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall baomc imulvem or bankmpt, make an assignment for the bencfi, of creimrs, appoiat A
receiver or trunce for any of the Sellers propene or business this order may fonluith be canceled by the
Purchaser without liability.
16 GOVERNING LAW.
The definitions of mums used or the intcT elation of the agreement and the rights ofalI panics M1crcundv shall be
crnstme under and Seemed by the laws of the State of Colo rsh , USA.
The Relieving Additional Conditions apply only in what the Serer is to perform work hamindcr.
meluding the senicA of Sellers Repwsentadvc(s), on the mims of others.
11. SELLERS RESPONSIBILITY.
The Scllcr shall curry no said lark m Seller's own risk until the same is fully completed and Accepted, and shall,
in .amoI any Accident, destn, ion To injury to the work and/or mntivit before SaIW, final completion and
«eptnnec emimille she work At Sellcls own expense and m the smilbotme of the Porclaw, \Vhen manot
And equipment arc nwnished by others fat installation or crecoon be the Seller, the Seller shall receive. unload,
.,Into And handle mric, n The site and become rcaponsiblc themfor as though such materials and/or egnipmen,
were being furnished by the Seller under the order.
Ill. INSURANCE.
The Seller shall, At his Festen. e. mvide for the payment ofwm orker, coae ealinn, including o cup onval
diwnw benefits, as ilk enpleyas employed nor or in connection with the work were by this purchase Trier,
FoUre to their depart ents in accordance with the laws of IM1c state in which the work is i be done. The Seller
shall Also cony enmpreM1ensivomreell liability including bill not limped To, ran r ctual And aommobile public
liability Insurance troth low ily injury and death limits star least S300.000 for any one person. 5500.000 far any
cciden, and property Aznsage li nil per Accident of SgOg000. The Seller shall likewise remure lie
contractors, Italy, ,, provide far such compenmdon and insurance. Before any of be Sellers or his contractors
employes s ml I do any work upon the Pemkws of others, the Server shall furnish the Poebawe with a ccnmcam
flea such compensation and insurance have bona provided . Such ttnifiAtes.shall specify the date when such
ncompensation and insurance have been provided. Such ecdifieates shall specify the date when such eompeneatlon
and imvmnce expires. TM1e Seller vgme5 that such compensation and insurance shall be maintained coil offer she
Awm work Ammlilled mad accepted.
19, PROTIiCTFON AGAINSI ACCIDENTS AND DAMAGES.
T he Scllcr hereby asstames the entire ralwa ibility and All for any And all damage, tom ar injury ofany kind
or nature w llm.silto persons or pmpcny caused by of resulting from the mention work ofthc pmvidcd for in
This porches niter connection hncwitb. The Seller ill indemnify and hold Formic,, be Pur.M1aar and any
r All of IM1e Pnabnsers am, A, A,, And er,knov, fmm and Against one and on claims, Irises damage,,
charges or expenses, whether direct or indirect and whether In Tatham m Property to which the Purchaser may
be ran or subject by reason of act. action. neglect, emission In default on the an of be Seller. any of his
conmmnrs, or any of the Sellers or contractors officers, agents or cmployor, In case any set, or other
nes adings ,ban he hmugo again, he Pnah Sec or its olr«ts, agent, or employees at any time on account or
byre of any at, amen. neglect. omission err default of Seller ofany of his contractors on any of it or
mail nMaine 111 or emrlayce, As amre,aid. the Sellr heroes Illes ,o —man the defense thereof And m
defend he same nt he Sellers loan expense Tr ray any and .I1 costs. coerces, Ann.,,, fee, And ether tiptoe,
any and all judgments That may be iroTrad by or obmine Again, the Purchaser or any of its or their officers.
ngenta or cmployas in ,Bob suiu or .,he, pmcecdings, and in use judgment or raher lien he placed upon or
obtains against the prei of thc Purcha.ar, or said panics in or as a result of such suits m other proceedings.
the Seller will at muse cause the same to be dissolved and discharged by giving bond To mM1crwae. The Scltor and
his commnms .shall In it mfOv preeamiona, fnmi,h and install all guard, nae,sary for the prevention Sir
accidents, comsty with All laws and reiinfinions with regard to mfcty inci ding, hill without limitation, the
Oeelupatimnl Safety And Health All of 1970 And All tales And regulation, island parsnnn, macho.
Revised O312010