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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9120636PURCHASE ORDER PO Number Page City Of///��� 9120636 1 of 2 Flirt Collins This number must appear ,��-J`-' ` on all invoices, packing slips and labels. Date: 01/31/2012 Vendor: 109184 LEWAN 8, ASSOCIATES 1608 S COLLEGE AVE FORT COLLINS Colorado 80525-1007 Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/30/2012 Buyer: ED SONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price I HP CARE PACK SUPPORT PLUS 24 LEFTHAND SAN SERVICE AGREEMENT 1 LOT LS LEFTHAND SAN HP CARE PACK SUPPORT PLUS 24 TERM: 2/1/12-1/31/13 PER LEWAN QUOTE #57327 FROM CINDY JACQUOT TO JOHN HUSTED DATED JAN 29. 2012. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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: 41,662.00 $41,662.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stande the City of Fort Collins is exempt from state and local tzxos.Oo r Exemption Number is 11. NONWAIVER. 98-01502- Federal Excise Tax Exemption Ccnificate of Registry 84-6000587 is registered with the Collector of Failum of the Purchaser to insist upon strict performance of the terms and conditions hereto failure or delay to Internal Revenue, Denver, Colorado (Reif Colorado Revised Statutes 1973. Chapter 39.26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval o(the design, shall not rclense the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warmatic3 or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hereof car any of its rights or remedies as to any such gral regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder. nor shall any purported om1 modification or rescission of this purchase order by the Purchaser operate as a waiver of anv of the terms Inspection. GOODS arc subject to the City of Fon Collins inspection on arrival, hermf. Final Acceptance Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins However, it is to be understood that FINAL Scller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proecdnre, violations arc in fact borne by the Purchaser. Theretofore, for pond cause and as consideration for executing this Purchase cold. the Seller hereby assigns to the Purchaser any and all claims it may now have or hercand Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired! under federal or state antitrust Tows for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuficamem have distributing points in various pans of the country. shipment is Ifthc 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 he deducted from Invoice when Purchaser and the SClld, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc 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 n¢asary permits. certificates and licenses required by all applicable Imes, regulations ordinances and n des ofthe state, municipality, territory or political subdivision where the wads is Performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella f other agrees to hold the City of Tom Collins harmless from and against all liability and loss incurred by the. by reason of as assMed or established violation of any such hats, regulations. ordinances, odes 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 slid panics. LIMITATION OF TERMS. This Purchase Order expremly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed Indent ent or incorporated herein by reference. Any additional or different terms and conditions preferred by seller me objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivere, date as noted. Time is of the essence. Delivery and Performance most he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of panial late deliecrics, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. Howcvcr. the Scller shall not be liable for damages as a result of delays due to caua not maxonably foreseeable which am beyond its reasonable control and without its fault ofncgligcncc, such acts of God, acts ofcivil or military authorities. gmommcntal prioriticn, fires, strikes, flood, epidemics, tars or riots pmvidcd that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scller first received knowhahm thereto In the event of any .such delay, the disc of delivery .shall he extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The Seller warrants that all good. 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 hamloss from anv lass, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of wamnty. The Scller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the tans ofany applicable warranty pmvidcd by the Seller nficr the date of acceptance critic goods famished hmcunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done at materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as mhctwisc provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing w'armntics or guarantee, but such liability .shall in no event include loss of pmfits or loss of use. 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 ofperfomancc hereunder, an equitable adjustment shall be made. b. 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 panics as to any work or materials then in pmgmss provided that the purchaser shall not be liable for any claims for nnticipi del profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such miiusimcut he mock in favor of the Seller with respect to nay goods which as. the Sellers standard stock. No such termination shill relieve the Purchascror the Seller nfany oftheirobligations 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 temuinmion is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, deliversl and fiunlshed in strict compliance with all applicable laws and regulations to which the goods arc 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchaser is a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT Neither party shall assign, transferar convey this order, or any monies due or to become duc hereunder without the prior written consent ofthe other party. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in perfomtance 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 Many tier from all liability and claims of any nature resulting from the performance of such work. This rclense shall apply even in the event of fault of negligence of the pant released and shall extend to the directorsofficers and employees ofsuch party. The Scllds contractual obligations, including wamnty, shall not be deemed to be reduced. in any way. because such work is performed or caused in 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, daicc, material or process in connection with the contract. and shall indcmni fy the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such in fringermru at any time during the prosecution or a0er 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 in constitute infringement and the ase of said equipment or pan 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 pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall beeomc 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. 10. GOVERNING LAW. The definitions ofterma used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the Imes ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the sen ices of Scllcrs Represcntativdsk can the premises orchids. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the lime is fully completed and accepted, and shall, in case of any accident, deuniction or injury to the work and/ar materials before Scllcrs final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment an famished by others for installation or creation 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 beocfits, In 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 ofthe 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 hddily injury and death limit of at least S300,000 for any one person, S500.000 for any one accident and pmperty, danmge limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to pmvide for such compensation and insurance. Before any of the Sellers ar his contractors cmployccs shall do any work upon the premises of tnhers, the Seiler shall famish the Pumhaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensalion and insurance have been provided. Such certificates shall specify the dmc when .such compensation and insumncc expires. The Scller agrees that such conmenmtion 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 whutwever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase on cror in connection bcrcwith. The Seller will tr dcnnify and hold harmless the Purchaser and any or all of the Purchasers often, agents and employees from and against any and all claims, losses, damages. charges car 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 pan ofthe Scller, any of his contractors, or any M the Sellers or contractors ofcem, agents or employees. In ease any snit or other proceedings .shnll be brought against the Purchaser, or its officers, agents or cmployccs at any time on account or by reason of any act, action, neglect, m issimu or default of the Seller orally 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 mom at the Scllcrs own expense, to pay any and all costs, charges, mtnmeys fines and other expenses. any and all judgments that may he 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 progeny of die Purchaser, or said panics 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 olhcrwisc. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regolmions with regard to safety including, but without limitation, the Occupational Safetyand Hdlth Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 0312010