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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9142963Fort Collins Date: 05/27/2014 Vendor: 109184 LEWAN & ASSOCIATES 1608 S COLLEGE AVE FORT COLLINS CO 80525-1007 PURCHASE ORDERPO 9142963 Page 142963 1°f2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 05/27/2014 Buver: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Compellent Upgrade Lewan Quote#72273 1 LOT LS Compellent Disk Storage Unit Chassis and NAB Upgrades. Per Lewan Quote# 72273 Rev. 4 of 4, dated 05/22/14. PO Line 1 total amount includes $14,984.00 for Copilot co -termed to Compellent thru 10/30/17. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: 44,964.00 :rI�] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms Bill Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City effort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98 04502. Federal Excise Tax Exemption Comfcate of Registry 84-6W0589 is registered with the Collector of Failure of the Purchaeer m insist upon .of perforance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26,114 (a). ...mile any rights or remedies provided hared. or by low, failure to formally nalify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in bureau, may be command to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any office rights or remedies as to any such goods, regardless instructions from the City of fort Collins, of when shipped, received or accepted, as a any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject as the City of Fort Collins inspection on arrival. hereof Final Accordance, Receipt of the merchandise, salaries or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAI MS, amhmized payment on the pan of he City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from aniWru ACCEPTANCE is dependent an completion of all applicable no iced inspection procedures, violations am in fact home by the Purchaser. Theretofore, for good cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now base or bereefter Freight Terms. Shipments must be FRB., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or service otherwise specified on this ardor. If permission is given to prepay freight and charge separately, the ongiial freight purchased or acquired by the Pardoner pursuant a this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in mism, parts of the country, shipment is Ihhe Purchaser threat 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 fl ereafer indicates its inebiliry or unwillingness to comply, tte Purchaser shipments are made from greater distance may cans the work to be performed by ,he most expedanos mean available to it cad the Seller shall pay all costs associated with such work. Pemrits. Seller shall procure at sellers sole cast all accessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the sate, municipality, tender, or political subdivision where the work is wrfooned, or mammal by any other duly constituted public arthonty 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 ovaerred by them by crown of an asserted or established violation of any such laws, regulations, ordinances, rates requimn enrs Authorization. All parties to this contract agree that he representatives are, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limile iccepnanee to the terns and conditions stated herein set forth and any supplementary or additional [came and conditions aanexed hereto or incaryomted brain by reference, Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY_ PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your pmmised delivery date as noted. Time is critic essence. Delivery and performance must be effected within the time slated on the purchase order and the documents attached accord. No acts of the Purchasers including, without limitation, acceptance official late deliveries, shall operate as a waiver of this provision In the event of any delay, the Purchner shall bass, in addition to other legal mad 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 is a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without is fault of negligence, such it, dfGcd, ae6 of civil or military authorities, governmental prionties, fires, smees, flood, epidemics, wars or note provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fire received knuwIsEc thereof. In the event of any such delay, the date of delivery, shall be extended for the permit equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, urticles, minerals and work covered by this order will conform with applicable drawings, specifimberm, samples and/or other descriptions given, will be fir for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted rendards far work of a similar nature. The Seller agrees to hold the purchaser homeless from any loss, damage or expense which the Purchaser may singer or incur on account of the Sellers breach ref 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 permit of time as may be prescribed by law or by the terms injury applicable waranty 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 famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this waaranly. 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 warrumies or gumanti s, be, such liability shall in no evem include less of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser any make changes to legal terms by wrincn 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 form the qupnatier; originally ordered in the specification or drawings, by verbal or wmmn change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrnma change order, temrinate this agreement as a any or all portions of,hc grads then not shipped, subject to any equitable adjustment between the parties re to any work o, materials then in progress provided that the Purchaser shall not be liable far any claims for anticipated profits on the uncompleted portion of the goads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of floe Seller with m,aruo any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser a, the Seller of any of their obligations r, to any goods delivered heremdec 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 are 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 poor wrinen canon[ of the other parry. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, income, interest encumbrances and claims ofathers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any mture resulting from the performance of such work. This rede... shall apply even in the event of fact, of negligence of the party released and shall extend to the directors, places, and employees of such party. The Sellers eommmual obligations, including warranty, shall no, be deemed to be removed, in any way, because such work is turbanned or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is on airN 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 mason of the use of such patented design, device, material or process in connection with the contract, 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 Can said equipment or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the ace of said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right m carbon, using said equipment or parts, replace the same with substantially equal but mainfn'nging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for he benefit of creditors, appoint a receiver or police for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser wifl om liability. 16. GOVERNING LAW. The definitims of terms used or the intoM emtion of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in where the Seller is a perform work hereunder, including the services of Sellers lWorsenat"op), (man, promises ofothers, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall, in e of any aecident destruction or injury to the work andam materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or ereclion by the Seller, the Seller shall receive, unload, store add handle same at the site and become responsible therefor M though such materials and/or equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense provide for the payment of workers compensation, including occupational disease beliefs, to its employees employed oa 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 as 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 dmtb Banns of at least $3W,000 for any one person, $500,000 for any one accident and property dantage limit per accident of S400,001. Ile Seller shall likewise require his contractors, if any, toprovide for such compensation and insurance. Before any ref the Sellers or his contractors employers shell m any nod upon the premises of provide the Seller shall famish the Purohaur with acertificatewhen such that such a nand and a a have been provided. Such hall specify shall specify the date when such compensation and insurance have been providedsuchSuch ce r iation a shall s ranee she l be when such coral after e and ins expires. d a Seller agrees that such compensation and insurance shall be maintained until alter the .mire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Ile Seller hereby as es the entire responsibility and habdiry 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 ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r 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 Producer may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agent or employees. In case any soil 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 when, neglect, omission or default of the Seller of any of his contractors or any i f 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 vaginae, to pay any and all costs, charges, sttameys 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 az a result of such suits or other praceeddngs, the Seller will at once cause the same to be dissolved and dismharged by giving bond or otherwise. The Seller end his contractors shall take all safety preca agars, famish and insall all guards necessary for the prevenhon 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 03I2010