HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9146196City of
Fort Collins
Date: 10/23/2014
Vendor: 109184
LEWAN & ASSOCIATES
1608 S COLLEGE AVE
FORT COLLINS CO 80525-1007
PURCHASE ORDER
PO Number Page
9146196 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAINING FACILITY
POUDRE FIRE AUTHORITY
3400 WEST VINE
FORT COLLINS CO 80521
Delivery Date: 10/22/2014 Buyer: ED BONNETTE
Note: PLOTTER FOR MIKE GAVIN. PER PROPOSAL FROM SCOT RUCH AT LEWAN
TO ERIC NELSON AT PFA IT DATED 10/21/14.
Line Description Quantity UOM Unit Price Extended
Ordered Price
HP T2500 Plotter
10-21-14
2 HP T2500 3-YR Warranty
10-21-14
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
1 LOT LS
9,499.94
2,100.00
$11
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state end Ima1 taxes. Our Exemption Nanother is
11. NON WAIVER.
98-04502. Faced Excise Tax Exemption Cmificam of Registry 84-t100o587 is registered with the Collam, Of
Failure of the Purebsser to insist upon strict performance of the Urns and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumtes 1973, Chapter 39-26. 114 (a),
exercise my rights or readies pmvrdd herein or by law, failure to promptly notify the Seller in the event of a
breach, the foreswore of or payment for goods Immuader or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specification, 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 transit, may be mounted to you for craft and arc not to be replaced except upon receipt of written
purehaser to insist upon %hurt performance Farad or any of its rights or remedies sat to any such goofs, regardless
instructions f the City of Fort Calif..
of when shipped, received or accepted, as as any prior or subsequent default hcreunden car shall any purposed
am[ amdificatum or rescor. of this purchase order by the Pammema operate as a waiver of any of we teams
Inspection. GOODS arc subject to the City of Four Collin inspection on anival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipmem in response to this nee, can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authodzed paymimt on the pan of the City of Fos Collins. However, it is tr be understood that FINAL
Sella and the Purchaser tantrum that in actual ec a practice, o erclow,a resulting from antitrust
defaulters depeers upon completionofall applimblerequired inpoemin procedures.
violations are in far, home by arm Purchases. Therecifrsnfar good cause and as consideration for exmting this
pacham order, the Seller hereby assigns m the Puachasm any and all claims it may now have or hereafter
Freight Tents. Shipments most be F.O.B.. City of Four Collins, 700 Wood St., Fort Collins, CO 80522. unless
acquired order federal or after amivust laws for such ovemhmga relating 1. the particular goal or services
otherwise specified on this order. If pcmfissiun is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchase pursuant to this purchase order.
bill must accammov invoice. Additional chromes for cocking will not be ucceomd.
Shipment Distance. Where manufacmrem love distributing Points in various parrs of the coantry, shipment is
expected from me nmrest distribution point to destination, and excess fight will be deducted from Invoice whim
shipments are made from greater distance.
Permits. Seller shall prom.. at sellers sole cost all necessary sambas, ref ificaw, and lice.¢, required by all
applicable laws, regulation, oelnarces and rates of the slate, municipally, temmry m political subdivision where
the work is performed, err rea dool by any other duly mntimm l public anllowirehavingjurediction over the work
of vendor. Seller further agrees as hold the City of Fon Collins harmless from and agaiml all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinance, rules
and requirements.
Autbwikution. All parties to this contract agree that the representatives art, in fact, bona fide and possess full and
complete authority, a bind said patios.
LIMITATION OF TERMS. This Purchase Order exprtssly limits acceptance to me moms and conditions sand
herein set Rosh and any supplementary or additional tells and condition annexed hello or incorporated herein by
reference. Any additional ar different at., and conditions proposed by seller me objected m and hereby mjected.
2 DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot take complete shipment to arrive on your
promised delivery dam in noted- Time is of me essence. Delivery and palfirmmm most be effected within me time
stated on the purchase order and the documents attached hereto. No each, of the Punchanrs including, without
limitation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall has., in addirion m offer legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable far damages. However, me Seller shall nor be liable tar damages as a mault of delays
due to cause, not mammbly foreseeable which are beyond its ..Me control and without its fault or negligence,
such acts of God, acts of civil or military aurhonties, gm mmmtal priorities, fires, strikes. Bond, epidemics, wars or
hots provided mar notice of the conditions causing such delay is given to the Demhaer within five (5) days of me
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, matenals and work covered by this under will conform with applicable
drawings, specifications, samples orator offer d ripnions given, will be fir for the purposes intended, and
perforated 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 h ardess from any loss, damage or expense which me
Purchaser may suffer or incur on account of me Sellers breach of warranty. The Sella shall replace, repair or make
good, without cost to the purchaser, any def e, or faults arising within one (1) year or within such longer period of
time as may be pacribed by law or by the Lams of my applicable warranty provided by me Seller after the date of
acceptance of the goods formulated hereunder (acceptance not to be unra m iably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of gtwds by the Purchasa shall not
constitute a waiver of any claim under this waranry. Except as otherwim provided in this purchase order, the Sellers
liability hamader shall extend to all damages proximately caused by the, breach of my of the foregoing wanmdla
Or guarantees, but such liability shall in an event include loss ofpsefirs or loss ofuse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES W LEGAL TERMS.
The Purchaser may make changes m legal terms by wdtern change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the temu, other than legal terms, including additions W or delaimss from
the gu-1,irs originally omrmd in in. spcciGemions or drawings, by verbal or —u- change core, If my such
change officers the amount due or the time of,aficr mace hereunder, an equitable adjustment shall be made.
6. 1 ERMINATIONS.
The Purchaser may at any time by written change offer. ¢tmiam this ag.a. as m any or all portion of the
goods then not shipped, subject to any equitable adjustment bnwem me parties as I. any work or materials men in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on me uncompleted
portion ofthe goods nndlor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any gmds which are the Sellers standard stock. No such termination shall relieve
the Purchases or the Seller of any ofthar obligation as to any gaol delivered heremda.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within miry (30) days from me date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants dust all goof sold beremde, shall have been practiced, sold, delivered and famished in stria
compliane with all applicable laws and regulation to which the goof art subject. The Seller shall aumm a and
deliver such docummts an may be required to effect or evidence compliance. All laws and regulation 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 mats and damage suffered by the Purchase as a res ill of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall msiga, powder, or convey this order, or any monies due or of become due hererda without the
prior written consent of the other party.
10. TITLE.
The Seller wartavts full, clear and arestrictd title to the Purchaser for all equipment, materials, and items finished
shed
in gap ...re of this agreement free stand clear of any aM all liens, restrictions, reservations, security interest
encumbrance and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchases directs me Seller to correct m wonfomwwg or detective goods by a date to be agreed upon by the
Purebnse and me Sella, and the Sella thereafter indicates its inability or unwillingness 1. comply, me Purchaser
may cause the work to be pafcamed by the most expeditious means mailable to it, and me Seller shall pay all
costs associaW wish such work.
The Seller shall release me Purchaser and its conlraclors of any tier from all liability and claims of my nature
rauhing from the parfo rmancc of such work.
This release shall apply even in me event of fault of negligence of the parry released and shall extend to the
directors, oflicum and employees of such party.
The Sellars contractual obligations, including warranty. shall not be deemed to be reduced, in any way, becaom
such work is performed or caused to be performed by she Purchaser.
14. PATENTS.
Whenever the Seller is required 10 use any design, device, material or process covered by lemq patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the on of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for my cosy expense or damage which it may W obliged to pay by mason of such
infringement at any lime during the prosmtion or after the completion of the work. In can said equipment, or
any pan thereof or the Intended me of the goods, Is in such suit held to constitute Infringement and the are of
said equipment or an is enjoined, the Seller shall, .1 its own ..,me and a1 its option, either procure for ffe
Purchaser the right to continue using said equipment or pans, replace me same with substantially equal but
onninMngwg equipment, or modify it so it becomes wainfdnging.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
mcciver or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions aftcmn used or the interpretation ofine agreement and the rights ofall Ix mir, hereunder shall be
anatmed order and gmared by the laws office State of Colorado, USA.
The following Additional Conditions apply only in mars where the Seller is to perform work hereunder,
including me services of Sellers Re,famealmeD), oa the premises of others.
It. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Seller's own risk until the same is fully completed and Isla d, and shall,
in n of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by me Sella, the Sella stall receive, unload
store srd handle same a the site and become responsible therefor as though such materials and/or equipment
were beingf ished by the Sella under the order.
18. INSURANCE.
I he Seller shall, of his own expense, provide for the payment of warkers compensation, including occupational
do. benefits, to its employers employed an or in connection with the work coverts by this purchase order
andfor m their defenders in accordance with the laws of the stale in which me work is to be darle. The Sella
shall also carry comprehensive general liability including, but not limited W. command and automobile public
liability insurance with hastily injury and Beam limits of at last 53rr.000 for any one person, $500,000 for any
one accident and properly damage limit per accident of S400.000. The Sella shall likewise require his
contractors, if any, m provide far such con,rusation and inumnec. Before any uI flu, Sellers or his contractors
employees shall do my work upon the premiss of others. the Seller shall famish the Purchase wins a certificate
thal such compensation and insurance gave been provided- Such carroams shall specify the date when such
compensation and imumnce have been provided. Such cenificatex shall specify the date when such compensntion
and insurance expires. The Sella agrees slat such compensation and insurance shall be mawraind until afre the
.mire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes me entire responsibility and liability far any and all damage, loss or injury of any kind
Of nature whatsoever in pasom or prepay caused by or resulting from the execution ofine work provided for in
this purchase order or in connection herewith. The Seller will indemnify and held hmmless the Purchase and any
r all or the Purchosers officers, agents and employees floor and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and slat h u to pmons or pmpesy 10 which the Pmchaer may
be put or subjet by reason of my act action, neglect, omission or default on the pan of me Sella, any of his
eantLetors, or any of me Sellers or em=om olfmcm, agents cr employees. In cm, my suit or other
proceedings shall be brought aL me Purchaser, or its officers, egmts nr employees of any time on account or
by reason of any net, action, negler, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees ne aforesaid, the Seller hereby agrees to assume me defense 'her ff and to
defend me same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
my and all judgments that may be incurred by or obtained sooner the Pummuer or my or ins or their Oficers,
agents or employees in such suits or other proceedings, and in case judgment Or offer lion be placed upon or
obtained against the property, of the Purchases, or said pain in Or as a result ofsuch suits or other proceedings,
the Setae will at once muse the same to be dissolved and discharged by giving band or otherwise. The Sella and
his contractors shall take all safety precautions, famish and install all games necessary for the prevention Of
accidents, comply with all laws and regulations with regard to satery including, but without limitation, me
Occupational Safety and Health Act Of 1970 and all roles and natio iars issue pursuant themo.
Revised 07n014