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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 3215038Fort Collins Date: 01/02/2015 Vendor: 109184 LEWAN & ASSOCIATES 1608 S COLLEGE AVE FORT COLLINS CO 80525-1007 PO Number Page 3215038 1 1of2 This number must appear on all invoices, packing sli sand labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/02/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price Copier Lease & Supplies Annual 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 2,000.00 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 I. COMMERCIALDETAILS. Tax exemptions. By aware the City of Fon Colleens B exempt fmm stain and load tams. Om Exemption Number is 98-W502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of Intend[ Revenue, Drover, Colorado (Ref. Colombo Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be atumcd to you for debit and are nor to be replaced except upon receipt of wnnm instructions Wm the City of Fan Collins. Initiation. GOODS aze subject m the City of Fiat Collins inspection on arrival. Final Arcemawn. Receipt of the merchandise, services or ex,uipmrnr in response to Nis order can result in authorized payment on the pan of the City of Fan Collins. However, it is m be understood that FINAL ACCEPTANCE t dependant upon completion of all applicable required inspection proscribed. Freight Terms. Shipment must be F.O.B., City of Fon Collins, 200 Wood St, Fort Collins, CO 80522, is. otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of me country, shipment is expected from me nearest distribution point to destination, and exacts freight will be deducted from Invoice when shipment we it, from greater do... Permit. Seller stall procure m sellers sole cost all necessary permits, certificates and licenses required by all applicable law , w unis om, otdiwnm and roles of the state, municipality, fro mry or political subdivision where the we& is perfomed, or requited by any miner duly canstimtd public surhonty lerem,lumber. over me work of seder. Sella fuller agrees to hold the City of Fan Collins harmless from and against all [,.billy and loss incurred by them by mission of an recorded or established violation of any such haws, regulations, ordinances, roles and wiptur mend. Authorization. All parties to this contract agree that be representatives are, in fact, bow fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated heroin set farm and any supplementary or additional nuns and conditions amused hereto or incorporated herein by reference. Any additional or different farm, and condifans proposal by seller are objected to and herby rejotd 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery dice as rated. Time is of the ecsm e. Delivery rid perform. mint be created within the time sawed on the purchase order and the doument ansched hereto. No arts of me Purchmea including, without limitation, acceptance of partial lam deliveries, shall cream as a waiver arms provision. In the event crony delay, the Purchaser shall have, in addition an other legal and 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 es .rush of delays due an tames not reasonably foreaaable which are beyond its a as mble radial and without it fault of negligence, such act ofGd, act afcivil or military authorities, governmental priorities, fires, strikes, Boas, epidemic, wars or riots providd that notice of me conditions causing such delay is given to the Purchaser within five (5) days of me time what me Seller first received knowledge thermE In the event of any such delay, the date of delivery shall be extended for the period anal m the time acnmlly lost by reason of the delay. 3. WARRANTY. Tha Sella wmrmtv but all gods, articles, materials nal work covered by mis order will mnfom with applicable drawings, specifiestiom, samples andmar other dascriptiom given, will be fit for the purposes intended, and performed with the higheet degree of once rob comparator in accoNmne with accepted standards for work of a similar metre. The Sella agrees to hold be purchaser Extends from any loss, damage or expense which the Purchaser may suffer or incur on account of me Sellers breach of waaanty. The Sella shall replace, repair or make good, without cost to the pmcluder, any de&ct or fault arising within one (1) year or within such longer prod of time m may be prescribed by law or by me terms of any applicable warranty provided by me Seller after the date of acceptance of the good famished hereunder (acceptance not m be unreasonably delayed), resulting Tam worried or defective work done or materials fumished by the Seller. Acceptance or use of good by the Purchaser shall not consumes is waiver of my claim under this wanmry. Except m o0etwise provided in this purchvse coda, the Sellers liability heremaer shall extend to all damages pmximanly caused by the breach of my of the foregoing wmmnnex or mrimers, but inch liability shall in an event include loss afp.rt or Ions of.. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wonm change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms, other than legal rams, including additions to or deletions from the quantities originally ordered in no specifications or dawsmi by verbal or wduen change order. If any such change affairs the amount due or the rime ofp r ormwce hereunder, an dri fable adjustment shall be mode. 6. TERMINATIONS. The Purchasur may ar any time by contain change order, terminate this agreement as to my or all portion of the goods then not shipped subject m any Wuimble djusment between the parties as in my work or materials then in progress Provided that be Purchaser shall not he fable for any claims for anticipated profit an the anmmpletal portion of be good colon work, for incidental or consequential damages, and mat no such adjustment be made m favor of the Seller with respot to any good which on, be Sellers standard stock. No such termination am[) relieve the Purchaser or the Seller of any of their obligations as on any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjmtmmt mint , mimed within thirty (30) days from the date be mange or termination is omered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all gawks sold hareunder shall have been produced, solo ddiverd and Nominal in stria compliance with all applicable laws smut regulations to which the goads are subject. The Sella shall execute anal deliver such document res may be acquired to effect or eviderme, compliance. All laws and regulations required to be incorporated to agreement of this character aft hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser harmless from all cost and damages suffered by be Puahasa as a result of be Seller failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tromfer, or convey this coda, or any monies due or to become doe hereunder without be poor wrinrn consent ofthe other party. 10. TITLE. The Sella wasmnis fall, clear and omsaictd tine to dire Porchap r fin all equipment, ram midis, and it. Famished in performance of this agreement, free and clear of my end all lions, momentum, resnvations, security interest mcumbauca and claims ofoshas. 11. NONWAIVER. Failure of the Purchases in insist upon strict performance ofthe tames and conditions harm( failure or delay to exercise any rights or remalies provided herein or by law, failure to promptly notify, the Seller in me event of a branch, the acceptance of or payment for goods herewder or approval ofNc design, shall not release the Sella of any ofthe warranties or obligations of this purchase order and shall not be damd a waiver of any sight of the purchaser to insist upon acrid performance hereof or any of it rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder nor shall my purported oal modification or rescission of this purchase order by the purchaser operate as a waiver of any of the across hereoll 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Furchuo recegn',e that in actual mosommic practice, overcharges resulting from warrant violations are in fact home by be Foundation. Them dfare, for good muse and as consideration fin extending this purchase order, the Seller hereby assigns to the Puahmer my and all claims it may now have or hereafter oquiarl under (deal or stare antitrust laws for such overcharge relating In the particular goods or service purchased or acquired by the Purchaser pursuant to Nis purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs be Sella m correct nonconforming or defective good by a dam to he agreal upon by the Purchaser and the Sella, and be Sella thereafter indicates its inability or unwillingness to comply, the Purchmer may anus be ..,it to he peRormd by the most expeditions means available to it. and the Seller shall pay all costs associatal with such work. The Sella shall relmu the Purchaser and its contactors of any tier from all liability and claims of my mature resulting from be perromawe of,.h A. This release shall apply even in me event of fault of negligence of be party relcazed and shall extend to m, directors, aRcas and employees of such pan,. The Sellers contractual obligations, including warranty, shall not he deemd to be reduced, in my way, became such work is performed or caused to be performed by the Forehead. 14. PATENTS. Whenever the Seller is inquired m me any design, device, material or process covered by later, mart watermark or copyright, the Seller shall indemnify and save hi mleas the Purchaser from my and all calms for infringement by reason of the uee of such patented design, device, material an process in comedion with be carmad, and shall indemnify the Purchaser for say cmL exsome, or damage which n may be obliged an Pay by awn ofsuch infringement at any time done the pmaaution or after be completion of the work. In eau said equipment, or any pan thereof or the intended use of me goods, is in such suit held to constitute infringement and me use of said equipment or pan is mounted, the Seller shall, at its awn expense and at its option, either procme far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment. ar modify n an it becomes mainfinging. 15. MSOLVENCY. If the Sella shall become insolvent or bankrupt. make an assignment for the benefit of rnNiturs, appoint a or mote, for my of the Sellers property or bwiness, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defin msss of. mid or be interpretation ofNc agneenwr and the rights of all ponies herewder shall be amused under and govmmed by the laws ofthe Stain ofColorado, USA. The fallowing Additional Conditions apply only in cases where be Seller is to pert work hereunder including the services of Sellers Repasawfive(s), on the premises of others. 12. SELLERS RESPONSIBILITY. The Sella shall mrry on said work at Sellers awn risk unfil the same is fully completed and xceprd, coal shall. in e,se of my accident destruction or injury to the work andmm manrials lief Sellers furl completion and acceprance, complete the wink at Sellers own expense and an me satisfaction of the Purchaser. Whin materials ad equipment arc fundshed by others for imullation in creation by the Sella, be Seller shall receive, unload, store and handle same a the site and became responsible therefor as though such material anNm equipment were being( idef by the Sella water the order. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefit, to it employees =played on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with be laws of the stale in which be work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, contractual and automobile public liability insurance with tidily injury and death limits of at least 5300,000 for any one person, $500,000 for my one accident and property damage limit per accident of S400,030. The Seller shall likewise require his contractors, Wary. to provide fin such compensation and insurance. Before my of me Saller or his caaM1a-tors employers shall do any work upon the premise of others, the Sella shall Finnish the Purchaser with is caurfica, drat such compensation and move-ra have born pmvidd. Such artifieates shall apaU, be dime when such compensation and insurance have been provided Such certificates shall specify me date wham such comperelion and insurance expires. The Sena agars than such compensation and insurance shall he maintained.. offer the entire work is completed and arcepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes be entire responsibility and liability for my and at I damage, loss or injury of soy kind or nature whatsoever to persons or property caused by or resulting from the execution of me work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless be Purchaser and my ear .11 of the Puahasers oRPcrx, agent and employees from and against any and .11 claims, Insists, damages, charges or expenses, whether direct or inditah, and whether m persons or property to which be purchaser may be at or subject by Person of any xt xaiom neglect, omission or &fault an the pan of the Sella, any of his amaide one, or any of the Sellers or contrama; affeer, agent or employers In case any suit or other paaedinp shall be brought against flue Purchaser, in it officers, agent or employees at my time on armmt or by action of my rot action, neglot omission or default of the Sella of my of his contractors or my of its or their officers, agent or employees as afoosaid, the Sella hereby agrees to assume the defense thereof and to &fend the same at the Sellers own expense, to Ray my and all ass, chages, attorneys fees and other expenses, any and all judgment that may he incurred by or obtained against be Pioneer or any of its or their officers, agents or employees in such met or other proceedings, and in case judgment or other Jim be placed upon or obtained against be property ofthe Purchma, or said panics in or as a result ofsuch suits or other proceedings, be Sella will at once cause the same a be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety pro iumss, famish and install all guards necessary for die prevention of accident, comply with all lass and regulations with regard to safety including, but without limitation, me Coatpational Safety and Health Ad of 1920 and all rules and regulrmax issual postal theadmi Revised o1R014