HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9120863City OfPURCHASE ORDER PO Number I
Page
Collins9120863 1 of 7
`t CThis number must appear
on all invoices, packing
slips and labels.
Date: 02/09/2012
Vendor: 109184
LEWAN & ASSOCIATES
1608 S COLLEGE AVE
FORT COLLINS Colorado 80525-1007
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS Colorado
Delivery Date: 02/09/2012 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Sharp Copier Copy and
Service Costs for 2012
1 LOT LS
Estimated service and supply costs for the following Sharp Copier/Printers:
> One (1) Sharp MX4101 N Mulifunction Copier/Printer
System, Serial #: 05020923, Lewan ID# W0674
Location: Transfort Downtown Transit Center @ 250 N. Mason
All B&W copies will be billed at $.0089 each based on 3,000 images per month.
All Color copies billed at $.079 each with no monthly commitment.
Above rates per Lewan quote dated 08/31/10 submitted in response to competitive bid request.
> One (1) Sharp MX4101 N Mulifunction Copier/Printer
System, Serial #: 0508541X00, Lewan ID# W1452
Location: Transfort/Dial-A-Ride Facility, 6570 Fortner Road, Fort Collins, CO 80525
All B&W images will be billed at $.0079 each based on 3,000 images per month.
All Color copies billed at $.075 each with no monthly commitment.
Rates for second unit per Lewan updated quote dated February 28, 2011 for purchase of identical unit.
EPLS Seach Completed.
Other: The following Federal Transit Administration (FTA) Contract Clauses apply to each job, PO Lines 1 thru 3,
details attached:
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
3. ACCESS TO RECORDS AND REPORTS
4. FEDERAL CHANGES
5. TERMINATION
6. CIVIL RIGHTS REQUIREMENTS
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSIO (NONPROCUREMENT)
3,806.00
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City of 9120863 z of 7
`t Collins This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
10. ENERGY CONSERVATION REQUIREMENTS
Federally Required Federal Transit Administration (FTA) Contract Clauses for Purchases where only a
Purchase Order is used as the contracting mechanism.
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(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
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority
of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49
U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify
the subcontractor who will be subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA
Administrator, the Comptroller General of the United States or any of their authorized representatives access to
any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the
c�. on,:9-ems
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 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 Number Page
City Of9120863 3 of 7
Collins This number must appear
F6r} C
!\,J`' ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49
C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)l , which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307,
5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a
period of not less than three years after the date of termination or expiration of this contract, except in the event
of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees
to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
Reference 49 CFR 18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Master Agreement between
Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
5. TERMINATION
a. Termination for Convenience (General Provision) 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 [Breach or Cause] (General Provision) 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 (General Provision) The City in its sole discretion may, in the case of a termination for
breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such
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 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 Number Page
City, of PURCHASE
9120863 4 of 7
t Collins This number must appear
` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the
services within the time specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the City may terminate this contract for default. The City shall terminate by
delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only
be paid the contract price for supplies delivered and accepted, or services performed in accordance with the
manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,
the rights and obligations of the parties shall be the same as if the termination had been issued for the
convenience of the City.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor
agrees that it will not discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended,
42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41
C.F.R. Parts 60 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
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 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
City Of PURCHASE ORDER PO Number Page
9120863 1 5 of 7
' `tThis number must appear
Collins1 on all invoices, packing
slips and labels.
Line Description Quantity LION! Unit Price Extended
Ordered Price
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
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, is required to return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor' s work by the City of Fort Collins and contractor' s receipt
of the partial retainage payment related to the subcontractor' s work.
d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work
related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any
DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written
consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City of 9120863 6 of 7
Collins This number must appear Fort
,fit`—,J,-',I` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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 4220.1 E, 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 (name of grantee) requests which
would cause (name of grantee) to be in violation of the FTA terms and conditions.
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment
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 signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by (insert agency name). If it is later
determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies
available to {insert agency name), the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this
offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
10. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act.
�3. Oi'l�s-Qss�
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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Total
Invoice Address:
$3,806.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 7 of 7
1. COMMERCIAL DE FAILS.
Tux cumhptioos. By statute the City Of Port Collins is exempt I"runt state and local talcs. Our Excmption Number is 11. NON WAI VER,
98-01502. Federal Eseisc Tax Exonpliun Cenifieme of Registry 84-6000587 is registered with the Collector of Failure of the Patch... to insist upon strict performance of the terms and condition hereof, failure or delay to
laen,l lievenue, Ulmer -,Colorado (Ref. Colorado Revised Statute, 1973, Chapter 39 36. 114 a). exercise any rights or mfredi,s provided herein m by law, failure to promptly notify the Seller in the ceent of u
brc.ch. the acceptance at or payment for goods hereunder m approval of the design, shall not Outcast, the Seller or
Goods Rejected. GOODS REJECTED due to failure to meet specifications, cider when shipped Or due to defects of any of the waramies or obligations of this purchase order and shall not be deemed a waiver Of any right of the
damage in transit, may be returned all you for credit and are not to be replaced except upon receipt of winner, purchaser To insist upon strict performance hercofur any Of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins, of when shipped, received m accepted, as TO any prior or subsequent default hereunder, nor shall any purported
trap ...oditication or rescission of this purchase order by the Purchaser operate as a waiver of any of the tern,
Inspection. GOODS are subject to the City of Fort Collins inspeaio r on arrival. hcOuof.
Final Acceptance. Receipt of the merchandise. Orviccs or equipment in response to this omcr cull result in 13. ASSIGNMENT OF ANI'frRUST CLAIMS.
authorized payment on the pan of the City of Pon Collins. Huwe%cq it is to be udcsRad that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from anlluusl
ACCEPTANCE is dependent upon completion of all applicable required inspection preccdures, violation, are in fact borne by the Purchaacr Theretofore. for good cruse and us consideration for executing this
purchase aide,, the Scllcr hereby ..signs m the Purchaser any and all claims it may now have or hereafter
Fro _ht Teats. Shipments must be F.O.H., City of Fan Collins, 700 Wood St., Fan Collins, CO 80533, mile, acquired under federal or state antitrust laws for such overcharge, relating to the particular goods or services
otherwise specified on this order. If pemnission is given to prepay freight and charge separately, Ore original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges fur packing will nor be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers hake dinribating points in rraimis pans of the country, strip mcar is If the Pur'haar dire, the Scllcr to coma nonconfumming or defective gourds by a date to h agreed upon by lire
expected fmm the nearest distribution point to destination, and exec» freight will be deducted from Invoice when Purchaser and the Scllcr, aW the Seller Thcaafter indicates its inability or unwillingnt,ss to comply, the Purchaser
shipments are made front grater distance. may cause the work to be wrairrd by the most expeditious meals availablt, to it, unit the Seller shall pay all
coal associaed with such work.
Permits. Seller shall procure at sellers sole cast all necessary permis, cenilicaies and license, required by all
applicable Imes, regulations, ordinances and mla of the state, municipality, enitory or political subdivision where
the work is perfumed, or required by any other duly constituted public authority having jurisdiction user the ,cork
of vendor. Seller funkier agrees to hold the City of Fan Collins harmless, from and against all liability and puss
untried by lhcn. by rc:omi of tan asserted or established violation of any such laws, regulations, ordinance, fall,
will requirvm,ty,
Authorirvtion. All panics to dmi, contract agree that the rcprescntmiwcs arc, in fact, bona fide and possess full and
complete authority to bind said panic,.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set land, and any supplementary or additional terns and conditions annexed hereto or incur or ed herein by
reference. Any additional Or different toms and conditions proposed by seller are 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 ofthc essence. Delivery and performance must be effected within the time
sated on the purchase order and the doaunenls ansched hereto. No acts of the Purchasers including, without
Insulation, acceptance ofpanial late deliveries, shall operate as a muiver of this provision. pre the event Tiffany delay,
the Purchaser stall have, in addition to other legal and equitable remedies. the option ul placing this order elsewhere
and holding the Seller liable for damages. Huwcxci, the Seller shall not be liable for ennrges as a result of delays
due to comes not reasonably foreseeable which all beyond is reasonable control and without is fault of negligence,
such acts of God, act, of civil .,military authorities, gmemnentul priorities, ties, strikes, hood, epidemics, ,ms or
riots provided that notice of he conditions causing such delay is given to till Purchaser within fire (5) days of the
time when the Seller first received knowledge thereof. pre till event of any such delay, the iliac FdrIi... y shall be
extended for the period equal to the time actuallylost by reason of the delay.
3. WARRANTY.
The Seller womanti than all goods, articles, nmterius and work covert by this order will comornt with applicable
drawing,, specification., samples and/or other descriptions given, will be pit for The purposes intended, and
performed with the highest degree OI' cure and compceace in accordance with accepted standards for mark of a
similar nature The Seller agrees to hold the purchaser harmless fan. any loss, damage or cepense which the
Puchuacr nhay su0kr or incur on account of the Sellers breach of warm mry. llie Seller shall replace, repair or make,
god, wifmul cost to The purchaser, any dcfces or faults arising within one (1) year or mithin such longer period o1'
time as may be prescribed by law or by the terns of any applicable war i my provided by the Scllcr a11cn'tire date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting ]tom imperfect
or detective work done or m:aerials tarnished by the Seiler. Acceptance or INC of gouds by the Purchaser shall nut
constitute a wuivcr ofuny claim under this Warr ny. Except us Otherwise provided in this purchase order, Tbc Scllcrs
liability hereunder shall a..,tc,,d to alp damages proximately caused by the breach Of tray of the foregoing warranties
or guarantee,, but such liability shall in no event include Ins of profit, or lots cruse. NO IMPLIED WARRANT Y
OR MERCHANTABILITY OR OF Ft I NESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL "FERMS.
The Purchaar may make changes to legal reins by written change under.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the icons. 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 tines Of perfannwee IwrcmWcq an equitable adjustment shall be made.
6. TERMINATIONS.
I It, Purchusa may tat any fins by w,men change omen terminate this agreement as to ally or ull portions of the
goods then not shipped, subject to any equitable adjustment between the panics us to amp' work or materials then in
prod,, provided that he Purchaser ,hall not be liable fur any claim, I'm anticipated profits on she amonnplewd
ponion of the goods under work, for incidental or consequential carriages, and Than no such udju,Oncnl be force in
War of the Seller with respect to any gaud, which are the Sellers ,undard stuck. No such acnnimatioh shall relieve
the Purchaser or the Seller orally of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must 1e asserted within Thirty (30) days from the Jule the cluinge or Icrnin.ticm is
ordered.
S. COMPLIANCE WITH LAN'.
The Seller warrants that all goods sold hereunder shall have brain produced, sold, delivered and tarnished in suit,,
compliance with .11 applicable law, and regulations to which the goods are subject, The Seller shall execute and
deliver such dwuments a, may be required to evict or evidence conhpliawe. All paws and regulations required to be
incorporated in agiv"nent, of this character urc hereby incorporated herein by this reference. 'I lie Seiler agrees to
indemnify and hold the Purchaser female, train Opp clots and damages Offered by the Purchaser as a result of the
Sellers failure to comply with such paw.
9. ASSIGNMENT.
Neither parry shall assign, maosfer, m com'cy this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in peromic nce of this agreement, five and clear of any and all picas, restrictions, rc,lervutions, security interes,
encumbmnas and claims f.the..
The Seller shall relcme the Purchaser and is contractors of any net from all liability and claims of any nature
resulting from the pedvormace of such work.
This rcicase shall apply cavil in Tire event of fault of negligence of the parry released and shall extord to the
directors, ofliccn and employee, fsuch puny.
The Seller's contractual obligations, including warranty, shall not be domed to be reduced, in any way, because
,uclt work is performed ar caused to be performed by the Purchaser.
14. PATENTS,
Whenever the Seller is required to use any design, device, material or process covered by liner, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inningentcnt
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnity the Purchaser for any cost, "Nasal or dons _e 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 pun flo roof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or port is enjoined, the Seller ,hall, at its own expcme and at is Option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the ,ante with substantially equal but
noninfringing equipment, or nhdify it so it becomes nonintiinging.
15. INSOLVENCY.
If the Seller shall become inmlvent ar bankmpt, make air assignment for rise benefit of creditor, 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.
'I "he definitions ofenr,s used m the interpretation Of fire ayucentent and the rights of ull panics hereunder shall be
cmWrucd under and governed by the lases oftltc State of Colorado, USA.
The following Additional Condition, apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representatives), on the premises ofolhcrs.
17. SELLERS RESPONSIBILITY.
'I Ire Seller shall carry On said work at Seller's own risk until the snore is fully completed and accepted, and shall,
in case of any accident, destruction or injury To till work and/or num,nal, before Scllcr', final completion and
acceptance, complete the work at Scllcr'. own cxpcn,e and to tire s,tisfiactioa of The Purchaser What none, nafs
and cynipment arc famished by other, for installation or erection by the Seller, the Seller shall receive, unload,
store and handle ,are at the site and became responsible therefor us though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
Tbc Seiler shall, at his ow'n expense, provide for the payment of warkcry compensation, including Oc'upotimwl
disease benefits, to is c... phoy'ca employed On Orin connection with the work covered by'this purchase order,
and/or nth their dependents in accordance with the paws of the state in which the work is to be dune. The Seller
,hall also curry co floch,lorr, general liability including, but not limited I., ctmorcaul and auto m.line public
liability insurance with bodily injury and death limits Of tar I...1 $300,000 for any no person, S500,000 Iota any
one accident and property damage hour per accident of S400,000. "fhe Seller shall likewise rquie his
contracturs, if any, to provide for such eonhpcnsation and insurance. Before any Of the Sellers or bus continuous
employers shall do any work upon the premises of others, the Seiler shall furnish the Purchaser with a cert iticatc
that such compensation unit 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 conpensation
and insurance expires. The Seller agile, that such compensation and insurance shall be nhainhained until after the
crow work is completed and accepted.
19. PROI'ECfION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby u,ume, the curio, te,potsibipily wad liability Fatally and all lore..., pots or injury ufaay kind
or nature whatswver to person, or property caused by or resulting from the execution Of The work provided for is
this purchase order or in connection htrnvith. The Seller wipe indemnify unit hold harmless the Purchaser and any
or all of the Purchasers offices, agents unit employees fmm and against any and all claims, posses, damages,
charges or experows, wheThcr direct or indirect, and whether to persons or propcny to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pun of The Scllcr, any of his
contractors, or any of the Sellers or contractors officers. agents or employees In case any suit or other
proccethogs shall be brought against The Purchaser, or its oltiecrs, agents Or employees at any time tan account or
by reason of any net, action, neglect, omission or default of the Seller of any of his contractors or any or its or
their officers, agents or employee as aforesaid, the Seiler hereby agrees to assume The defense Thereof and to
dcfimd the same al the Sellers awn c.pc.c, a pay any and all costs, charges, attorneys tics and other expense,,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their antlers,
agents or employees in such suit, or otter proceedings, and in case judgment or other pion be placed upon or
obtained against the properly of the Purchaser, or said parties in or as a result of such suits Or other proceedings,
the Scllcr will a once came the some to be dissolved and discharged by giving bond or otbcnvisc•. l"he Seller and
his contractors shall take all safety p.autions, famish and install all guards necessary for the prevention of
uccilcnts, 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.
Rcviud 032010
EPLS Search Results
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https://www.epls.gov/epls/search.do-,j sessionid=8A6830FD601802CFF 1 BEDA76DOFE8F6... 2/9/2012
City Independent Cost Estimate
of
Fort C� P
Date of Estimate:
Contract Type:
Existing Contract or PO (Y/N):
Description of Goods (A) or Services (B):
I have obtained the following estimate from;
1/3/2012
Printer/Copier Maintenance
Published Price List / Past Pricing (date) 1/1/2011
Engineering or Techincal Estimate (performed by)
Independent Third Party Estimate (performed by)
Other (specifiy)
Cost Estimate Details:
(Estimate calculated in US Dollars)
Cost of Standard Items
Actual
Product 2011
2012
1.5%Adj. 2012 Total Estimate
Printer/Copier Maintenance for Transfort facilities 3 x $ 3,750
1 $ 56 $ 3,806
Total
Adjustment based on projected CPI increase
C:\Documents and Settings\dcarey\Local Settings\Temporary Internet Files\OLK3\ICE - 2012 Blanket Purchase Orders (2).x1s 2/9/2012