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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9146293Fort Collins PURCHASE ORDER PO Number Page 9146293 1of3 This number must appear on all invoices, packing sli s and labels. Date: 10/28/2014 Vendor: 109184 Ship To: OPERATIONS SERVICES LEWAN & ASSOCIATES CITY OF FORT COLLINS 1608 S COLLEGE AVE 300 Laporte Avenue FORT COLLINS CO 80525-1007 Building B FORT COLLINS CO 80521 Delivery Date: 10/28/2014 Buyer: ED BONNETTE Note: PER COST PER PRINT AGREEMENT FROM 2012 WITH LEWAN FOR OPERATION SERVICES. THIS IS TO COVER EXPENSES FOR THE REMAINDER OF 2014. Line Description Quantity Ordered UOM Unit Price Extended Price 1 Facilities porton monthly base 1 LOT LS 165.00 2 Fleet portion monthly base 1 LOT LS 165.00 3 Facilities print overages 1 LOT LS 150.00 4 Fleet Admin print overages 1 LOT LS 150.00 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@fogov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER 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 PO Number Page 9146293 20f3 This number must appear on all invoices, packing sli s and labels. Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order ]'cans and Conditions Page 3 of 3 I. COMMERCIALDETAIIS. Tax exemptions. By samtethe City of Fon Collbss is exempt fmmselteand fo l taxes. Our Exemption Numberia ILNONWAIVER. 98-ta502. readmit Excim Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Fzilme of the Purchaser to insist upon Tom. perfomantt of Ore terms and coodiriom hereof, fail.. or delay to Instal Revenue, Denver, Colorado (Ref. Colorado Revised S.ti tes 1973, Chapter 39-26, 114 (a). exemisv any rights or damages provided herein or by law, failure to promptly notify do Seller in The event of a breach, the acceptanm ofor payment for good hereunder or approval of the design, shall not release the Seller of Goads R jeered. GOODS REJECTED due m failure m meet apeci0emians, either when shipped or due to defers of very of the warranties or obligations of This purchase order and shall not W dcemad a waiver of any right of the damage in tr.rsit, may be, refund to you for credit and arc not to be replaced except upon Trdpt of written Purchirm to iasht upon shin pmfomance he.dfor any of its right, or remedies as to any such good, regardless instructions from The City of Fort Collins. of when shipped, received or accepted, as a any prior or subsequent default h rmunden nor shall any purPoned and modification or rescission of this purchase offer by the Purchaser operate as a waiver of any ethic terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the me.handlu, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. outhorimd payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL � Scher and the Purchaser recognize Char in ncmal a is practice, o end arges Tomlin, from maiWm T ACCEPANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact boom by the Purchaser. There.fore, for good cause and as consideration fir executing this purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or Limper Freight'I Tons, Shipments must be KO B., City of port Collins, 700 Wood Sr, Fon Collins, CO 80522, unless acquired under federal or state antitrust laws 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 tacking will not be, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where tmnufmmrers have distributing points in various pans of the emantry, shipment is If the Purchaser directs The Seller to correct nonconforming or defective goods by a date to be choral upon by the expected from the account distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller therez0er indicates its imbiliw or unwillingness to comply, the Purchaser shipments of rude from greater damnce. may cans the wod: to be performed by the most expeditious rrcans available to it, cal The Sella shall pay all ems M1axcialed with such work. Persons. Seller shall procure at sellers sole —1 all necessary permits, certificate, and bermes TequhM by all applicable laws, regulations, on inanras and rules of the stare, municipality, territory or political subdivision where The work is performed, or required by any other duly constituted Public autherily hm5ngj irisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamless from and against all liability and loss incurred by them by ... of an asserted or esmbii dyad violated of any such laws, regulations, ordinances, miss and requirements. Authorizmion. All patties to this commit more that list representatives are, in fact, boon fide and possess full and complete authority to bind said panics. LIMITATION OF'I'ERMS. This Pumhnse Order expressly Ilaniis noveptance to the terms and conditions sorted hereto in fah and any supplementary or additional moors and conditions annexed hereto or nominated herein by reference. Any add, liocal 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 arrive on your promised delivery date az noted. Time is of the c seaee. Delivery and perfomance must be effected within the time armed on the purchase offer and The documents attached hereto. No are¢ of the Purcbaurs including. without Immune., one., acceptance vital [are deliveries, shall ope.m as a waiver of this provision. In me event of any delay, the Purchaser shall havx, in addition to other legal and equitable remedies, the option efflacwg this order clscwhcre ape holding the Seller liable for damages. However, the Seller shall nor be liable for damages To a result of delays due to causes not reasonably foreseeable which are beyond its mumible control and without its fault of negligence, such cars of Gad, area ofcivil or holds, authoariee, governmental priorities, fires, strikes, flood, epidemics, wool or Thou provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the 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 wardly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, aides, 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 cam and competence in accordance with accepted standard for work of a similar wire. The Seller agrees 10 hold The purchaser harmless form any loss, damage or expemc which The Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost. the purchase,. any defect, in faults arising within one (1) year of within such longer period of time as may be prescribed by law or by The terms of any applicable warranty pounded by The Seller after the date of acceptance of The goods famished hereunder (acceptance not To be unreasosably delayed), retailing from imperfxt or defective work done or mamals burnished by The Seller. Acceptance or use of goods by The Formal shall no, constitute a waiver ofany claim under This To m y. Except as, otherwire provided in This purchase order, the Sellers liability hereunder shall extend in all damages proximately caused by The bench of my of The foregoing wamatin or pan mntees, but such liability shall in no event include lass of profits or loss of uu. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may site changes to legal toms by wrineo change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser my make any changes to the terms, other than legal toms, including additions. or deletions from the quantities originally ordered in the specifications or drawings, by verbal or warren change order. It any such change short, the ansuunt due or the time of peomme ¢e hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. 'The Purchaser may at any time by written change Tilde,, remtiwtr this Mccemem as To any or all portion, of the goods Then not shipped, subjrt to any equitable adjustment Mtween the parties as to any work or mammals then in pmgrc. provided that the Purchase, sbut[ can Ira liable for any claims for anticipated prof¢ ern The uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Sellers staMaff stock. No such termination shall relieve the Purchaser or the Sella ofany ofthar obligations. to my goods delivered hereorldr. 9. CLAIMS FOR ADJUSTMENT. Any claim for mijutnent mast be, assured walls. mire (30) days final the doe the change of .mid sum is offetel. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations To which the goods are art The Seller shall exec.or and deliver such documents as maybe required to effector evidence compliance. All laws and regulations required. be ncorporated to Munnoens of This chammer are hereby incomermad herein by this reference. The Seller agrees to indemnify and hold the Purchaser Final from all costs and damages suffered by The Purchaser as a result of the Seller, failure 1. comply wall such law. 9. ASSIGNMENT. Neither party shall assign, Transfer, or convey this order, or any monies due or to become due hereunder without The prior written consent of the other parry. 10. TITLE. The Seller warrens full, clear and unrestricted title to The Purehasr for all equipment, rmterals, and from famished in Perfommce of This agreement, fist and clew of any and all tiers, restrictions, reservations, srunty interest encutrubwan and claims of others. The Seller shall re[eam the Purchaser and it, conform mrs of any tier from all liability and claims of any nvture resulting from the pafontal ofsuch work. This defense shall apply even in the event of fault of negligenre of the party released and shall extend to the directors, officers and employees of such any, The Seller's contmcmal obligations, including warranty, shall not be deemed To be reduced, to any way, because such work is performed or caused to 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 r copyright, the Seller shall indemnify and save harmless life Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the comma, and shall indemnify the Purchoser for any cost, expense or damage which it may be obliged. 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 pan thereof or the intended use of the good, is in such suit held to com m e infrngemenl and the use of said equipment or pan u rnjained, the Seller shall, at its own expexse and at its option, either prwum, for the Purehmr the right to continue using said equipment or parts, replace The same with sphstandially equal but noninGnging equipment, or modify it so it brumesroninfiringing. 15. INSOLVENCY. If the Seller shall become inselvem or bankrupt, tmvke an assignment for the beoefil of cresi ters, appoint e clactiver or tmmee for any of the Sellers progeny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The def dlinal of terms used or the interpretation of the agreement and the rights of all panics hereunder shall be creamed wader and govemed by the laws of the State of Culomda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenativrod. on the premises ofothcrs. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Setters own risk until the mine is fully completed and accepted, and shall, in cam of any ara idem, deshun[oo or injury a the works arldlor .+tennis before Sellers final eo addion and accordance, complete the .,it at Sellers own expense and To de s mmodon of the Purchaser. When materials and equipment are fumdshed by others for installation or erection by The Seller, The Seller shall arrive, unload store and handle same at The site ape become responsible therefor as though such materials and/or em mom were bang f abed by The Seller order the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupmimal disease henefis, to its employees employed on or in connection with The work covered by this purchase order, and/or to their dependena in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contracting and aummobile public liability insurance with bodily injury and death limits ofat least $300,000 for any one person, S500,000 for any accidentone and property daage limit per accident of 8400,000. The Seller shall likewise require his contrm contractors, if any. to provide for such confirmation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenircme ,her such rompewadm and insurance have been provided Such certificates shall specify the date when such compensation mid announce have been provided. Such cetificats shall specify the date when such compensation and in agre expires. The Seller es That such compensation and insurance shall be maintained until after the earn, work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes The entire mouisibility and liability for any add all damage, loss or injury ofany kind To more whatsoever To dommi or pmpeny caused by or resubing from lTe execution of the work provided form this p.Chaw order or in connection herewith. The Seller will iMrmnify and hold harmless the purchaser ape my r all of the Purebasers othcers, agent, and employees from and against any and all claims, losses, Jmnages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser my be put or subject by crown of Tiny act, action, neglect, omission or default on the pan of The Seller, my of his contractors, or any of The Sellers or contractors officers, agents or employes. In cam any suit or other proceedings shall be brought Miami the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, emission or default of the Seller of tiny of his commons. or any of its or Their officers, agents or employees as aforewid, the Seller hereby agree to assume the defense Thereof and to defend the same at The Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenus, any and all judgments That may be incurred by or obtained agorm, The Purchaser or any of its or Their uRcers, agents or employses 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 panics in or as a .all of such it, or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Take all safety precautions, famish and humid all guard nrrsary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimrim. the Occupational Safety and Health Act of 1970 add all mles and regulations issued pursuant faced. Revised 07/2014