HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9145846Fort Collins
Date: 10/09/2014
Vendor: 109184
LEWAN & ASSOCIATES
1608 S COLLEGE AVE
FORT COLLINS CO 80525-1007
PURCHASE ORDER
PO Number I Page
9145846 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 10/09/2014 Buyer: ED BONNETTE
Note: PER QUOTE #74827 DATED 9/17/14 FROM CINDY JACQUOT TO JOHN HUSTED.
PLEASE SHIP TO ATTN: JOHN HUSTED, ITT
CONTACT #(970)217-9143.
Line Description Quantity UOM Unit Price Extended
Ordered Price
I LEWAN DOC#74827 9/17/14
HP TAPE LIBRARY
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
1 LOT LS
12,468.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PDrchase Order Tems and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fat Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Fedeod Excise Tax Exemption Certificate of Registry 84.m 5g7 is registered with the Collector of
Failure of the Purchaser to insist upon coner performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado Her 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 ofhe design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties of obligations of this purchase order and shall out be deemed a waiver of any eight of the
damage in narrsit may be mumed to you for credit and art not to be replaced except upon receipt of written
Purchaser to insist upon strict performance Impairer any of in rights or remedies as to any such goods, regardless
instructions form he Ciry of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any unformed
anal modification or rescission of this purchase order by the Purchaser Operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arival.
hereof.
Final Accpptmce. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
offlea ked paymenl on the pad of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaner recognize that in actual moderate practice, worthiness resulting from mtitmst
ACCEPTANCE is dependent upon completionofall applicablequire redinspection procedures.
violations are in fact home by the Pumhakar Theretoforerfor good cause and as consideration for executing this
purchase area, the Seller hereby assigns as the Pmchver any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City or Fan Collins, too Wood St. Fan Collins, CO 80522, unless
acquired under federal m sate antiamt macs For such overcharges reladng to the particular goods or services
otherwise Notified on this order. Irradiation is given no prepay freight and charge separately, the original freight
purchased or acquired by the Purchma pursuaarto runs purchase area.
bill mast accompany imvim. Additional charges for packing will nor be accepted.
Shipment Distance. Where manufacturers have distributing paints in various parts of the country, shipment is
expected from the nearest distribution point to delusion, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necesary panne, certificates and Ifce not ca required by all
applicable laws, regulations, oedimnces sod tales of the sole, municipality, herism, or political subdivision where
the work is performed, or requital by any order duly conducted public malwriry havingjurisdinion over the work
of vendor. Seller further agrees to held the City of Fan Collins harmless fivain and against all liability and lass
ncuded by them by reason of an manded or established violation of any such laws, regulations, on iwnces, mles
and requirements.
Aulherization. All parties to this compact agree lhal the representatives art, in fact, hens fide and tar. e, full and
complete amhmi, to bird said panics.
LIMITAT ION OF TERMS. This Purchase Oda rNmessly limits acceptance 1. the B. and conditions staled
herein set forth and any supplementary or additiVal tams and conditions annexed hereto or invoryommd herein by
reference. Any additional or diRerent menu and cooditiom proposed by if art objemed to and hereby rejoiced.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
pmnded delivery date az noted. Time is of the essence. Delivery and Embortwoce must be affected within the time
sated on ode purchase order and the documents attached harem. No acts of the Purehuem including, without
familiar, acceptance of panel late deliveri¢, shall opens is is wm,a of this provision. In the exec ofany delay,
the Northeast shall have, in addition to other legal and equitable amedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella skill not be liable for damages as a reuh of delays
due or muses not raw arb)y fad c able which art beyond its reasowble coat.) and without its fault of negligence.
such acts ordeal, was of civil or military authorities. governmental premiums, fires, strikes, food epidemics, wars or
dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when roe Seller first stewed "wavledge damask. In the event of any such delay, the date of delivery shall be
extended for the period ry.I to the It. actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wmmnts that all good, articles, matmah 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 cart and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expertise which 'he
Purchaer may suffer or incur on account of the Sellers breach erwaranty, the Seller shall replace, repair or make
good, without cost to the purchaser, any dekce or faults arising within one (1) year or within such longer period of
time as may be prmcribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the good furnished hereunder (acceptance not to be unres.nally delayed), resulting from imperfect
or defective weak done or materials fumishrd by the Seller. Acceptance or use of goods by the Purchaser shall not
onstitule a waiver of any claim under this warranty. Except as otherwise provided in 'his parch se order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wadanliva
or g.emntees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal marks by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pkabava may make any changes to the ox—, other than legal terms, me In ling uddi lions in or deletions from
the quantities originally ordered in the spmificalions or drawings, by verbal or wrulen change order. If any such
change affects the amount dies or time of pert rde nce hereunder, an equitable adjustment shall be made.
6 TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as 1. any or all periods of rife
goods then not shipped, subject to any equinable adjus nvad between the ponies as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits (in the uncompleted
portion of the goods and/or work, for rncidenud 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 oftheir obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within miry (30) days from the rime the change or temtinatinn is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumished in duct
ompliance with all applicable laws and regulations m which the goad me subject The Seller shall exaum and
deliver such documents as may be marginal 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. a result of the
Sellers failure to comply wish such law.
9. ASSIGNMENT.
Neither parry skill assign, aortal or convey this order, or any monies due or to become due hereunder without the
Prior written content order other party.
10. TITLE.
The Sella w.tk full, cream and uncestridcd title to ode Pudhea for all equipment. mmerims, and items furnished
in pert sore of this agreement, free and clear of any sod all luau, restricriam, reservations. saadry interest
encumbrances and claims of.thers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purksom directs the Seller in correct nonconforming or defective good by a dine to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the purchaser
may muse the work m be performed by the most expeditious means mailable to it, and the Sella shall pay all
costs associated with such with.
The Seiler shall release the Prochaska and its romompars of any der from all liability and claims of any nature
resulting (tam the performance nlsuch work.
This release skill apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees c fsuch party.
The Sellefs command obligations, including warmnry, skill tat be deemed to be reduced, in any way, because
such work is performed or ..it.. be per( ed by the Purchaser.
14. PATENTS.
Whenever toe Seller is required to eve any design, desire, material or process coverts by letter, paten, trademark
or co,yd h, the Seller shall mdemvfy and save hamtlas rM Pmcbaser from any and all claims for ter mgemem
by reason of the use of such patented design, device, material or process in recreation will the mmmc, and
shall indemnify the Purthasa for any cost, expense or damage which it may be obliged to pay by teams of such
infringement at any time during the preparation or after the completion of the mark. In case said equipment, or
any pan thermf or the intended use of the good, is in such suit held to constitute infringement and ate use of
said equipment or pan is enjoined, the Seller shall, at its own expense aM at its option, either procure for the
Powhuer, the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it an it becomes noninfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or uuree for any of the Sellers property or business, Otis order may foMwith be canceled by the
Particularwithoal liability.
16. GOVERNMG LAW.
The definftiock of terms used or the intcmrcat ion ofthe agreement and rate rights of all parties hereunder shall be
command under and gleamed by the laws of the State ofColomdo, USA.
The following Additional Conditions apply only in dook where the Seller is to perform work hereunder,
including the services of Sellers Rpresenta'ivepth as ode premises aromas,
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellefs own risk until the same is fully completed and accepted, and shall,
in se of my accident, destruction or injury to me work and/or materials before Sellefs final completion and
acceptance, complete the work at Sellefs own expense and to the satisfaction of the Purchaser. When materials
and equipment art furnished by others for protruded or erection by the Seller, the Seller shall device, unload,
store and handle same a1 the all, and become responsible therefor .though such materials and/or equipment
were being bandstand by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment afworkers compensation, including occupational
disease benefits, to its employers employed on or in connection will the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the stare in which the work is to be done. The Seiler
shall don carry own,arelverdive general liability minutes, bur not limited on, contmedell and amnmobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for soy
accident and property damage limit per accident of $400,00O. The Seller shall likewise require his
contractors, if any, to provide for such compensation and instance. Before any of the Sellers or his contractors
employees shell do any work upon We premises of others, the Seller shall Sudan the Purchaser with a andiron,
that such compensation and insurance have been provided. Such eenific res shall specify the dare whist such
compensation nand insurance have been provided. Such certificates shall specify he date when such compensation
and insurance expires. The Seller agrees that such compensation and mound. shall be proms uM until after the
drum work is completed and inverted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or may of any kind
or wore whatsoever to persons or property caused by or reaching from the execution of Ore work provided for in
this purchase order or in connection herewith. The Seller will indemnify and held harmless the Padova and my
r all of the Purchasers ofree,. Vene and employees Item and again, any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons car property to which the Purchaser, may
be, put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
commands, or any of the Sellers or commcion officers, agents or employees. In rase any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time m account or
by reason of any act, action, neglect, omission or default of ode Seller of any of his contractors or any of its are
'heir officers, agents or employees is Andemid. she Seller hereby agrees to assume the deft 'hereof ford to
defend the same at the Sellers own expmse, to pay any Al of cn %, charges, momeys fees Ad other expenses,
any and all judgments that may be incurred by or obtained against the Forequarter or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgmmr or other lien Is, placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits m other proceedings,
the Seller will at once muse the same to be diswlved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, famish nod inssall all gained, normal fro the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without Bankston, the
Occupational Safety and Health Act of 1970 and all cola and regulations issued pursuant thereto.
Revised 07R014