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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9150461Fort Collins Date: 01/20/2015 PURCHASE ORDER PO Number Page 9150461 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 109184 Ship To: TRANSFORT BUS FACILITY LEWAN & ASSOCIATES CITY OF FORT COLLINS 1608 S COLLEGE AVE 6570 FORTNER ROAD FORT COLLINS CO 80525-1007 CITY OF FORT COLLINS CO 8052 Delivery Date: 01/20/2015 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Blanket P.O. 1 LOT LS 6,986.00 Copier Maintenace 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 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502 Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict per[omhmca of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colombo (Ref Colorado Revised Statutes 1993, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein car by law, failure to promptly notify 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 m failure to meet specifications, either whea shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed is waiver of any right of the damage in leaner, may be reamed m you for credit and are not m be replaced except upon receipt of written Purchaser to insist upon strict performance hereofor any of its rights or readies as to any such goods, regardless instructions from the City of Fart Collins. of when shipped, received or accepted, as to any prior or mbancuent 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 to the City of Fart Collins inspection on trivial. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the Part of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic martnee, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable requircl inspection procedures. violations me in fact home by the Purchres, Therem6arefor good cause and as consideration for executing this purchase Under, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Ten, Shipments most be FO.e.. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws foe such overcharges relating to the particular goods or services otherwise specifid 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 most accompany invoice. Additional charges for packing will an, be accepted. Shipment Distance. Where manufauurers have distributing points in various parts of the country, shipment is expected from the newest distribution paint to destination, and excess freight will be d ducted from Invoice when shipments are made from greater distance. Permits Seller shall procure at sellers sole cost all necessary permits, conificame and licenses requi d by all applicable laws, regulations, ordinances and coca of the state, municipality, tmximry or political subdivision where the work is performed, or required by any other duly constituted public wilaw ry having jurisdiction aver the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss urd by them by reason of an asserted or a ablished violation of any such laws, mgmanium, ordinances, rules and s u ccu ms. Authorization. All parries to this contract agree that the representatives are, in fact, bona fide and possess full and confirm authority to bind said pant,,. LIMITATION OF TERMS This Pumhase Order expressly limits acceptance to the terms and conditions stated herein set fort and any supplementary or additional menu and conditions aunexed lemeto or incorporated herein by ocfcrmce. Any additional w different corms and conditions proposed by seller are 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 as noted. Time is of the seawater. Delivery and performance most be effected within the time state oa the purchase order and the documents attached hereto. No acts of the Purchwers including, without limitation, acceptance of antral late deliveries, shall operate as a waiver of Nis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities free, strikes, flood, epidemics, wan or riots provided that notice of the conditions causing such delay is given to [be Purchaser within Eve (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 far the period equal to the time actually lost by reason rifting delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples sugar other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar ware. The Seller agrees to hold the purchaser harness Form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwaranry. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by be or by the teals of any applicable warranty provided by the Seller ate, the data of acceptance of the goods fumishd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect at defective work done or materials famished by the Seller Acceptance or use of goo& by the Purchaser shall not constitute a waiver of any claim under this summary. Except as ofherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by We breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profis or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL PERMS. The Purchaser may make changes to legal It—, by gTtrm change oPoe, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temps, including additions to or deletions from me quantities originally ordered in the specifications or drawings, by verbal or wrinen change oder. 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 women change order, terminate this agreement as to my or all portions of the goods then not shipped, subject many equitable adjustment between the parties n to any work or materials then in progress provided that the Forebear shall not be liable for any claims fox anticipated prefils on the uncompleted Portion office goods and/or work, for incidental o consequential damage and that no such adjustment be made in favor of the Seller with respect to any goo& which are the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within tarry (30) days from the date the change or termination Is abroad. 8. COMPLIANCE WITH LAW. The Seller warrants but all goods sold hereunder shall have been produced, sold, delivered and frmishd 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 incurred to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby inswi,mated 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 written consent ofthe other party. 10. TITLE, The Seller warrants full, 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 restriadow, reservation, security barmat encumbrances and ].am of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase, threes the Seller to correct nonconforming or defective goo& by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicares its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associmed with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nacre resulting from the Per arource of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oftic,rs and employees of such party. The Seller's contractual obligations, including waranty, shall not be deemed to be reduced, in 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 oo process roved by lereq patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such pwar d design, device, maredel or process in concern. with the contra], and shall indemnify the Purchaser for any cost, expense or damage which it may he, obliged to pay by reason starch infringement at any time during the prosecution or alter the completion of the work. In case said equipmenr, or any part thereof or the intended use of the goods, is in such suit held ne comforde infringement and the use of said equipmenr or part is enjoined, the Seller shall, at its own execute and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially ncwl but nwiefringing equipment, or modify it so it becomes noninfiiuging. 15. INSOLVENCY. If the Seller shall became insolvent w bankrupt, make an assignment for the benefit of creditors, appoint a morwar or trustee far any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions elections wed or the interpretation of the agreement and the rights of all parties hereunder shall be oommod under and governed by the laws oftha State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repe,sentative(s), on the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Seller shall miry on road weak at Seller's over risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When matelots and equipment are famished by others far installation or erecnon by the Seller, the Seller shall receive, uawd, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on 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 is to be done. The Seller shall also carry comprehensive general liability including, but not limited a, contractual and automobile public liability insurance with Featly injury and &orb limits of at least $300,000 for any one person, E500 000 for any one accident and property damage limit per accident of $400.000. The Seller shall [demise rncatre his ont doors, if any, to provide for such compensation and annowmence. Before any of the Sellers or his commemrs employees shall do any work upon the premises of other, the Seller shall Finnish the Purchaser with a certificate that such compensation and insurance have been provided Such mrihcame shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the entire work is completed and acceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all dnmagq loss or injury army kind or namre whatsoever an persons or progeny 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 be Purchaser and any cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and which,, to person or property m which the Paecbaser 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 my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agerna or employees at any time on acounr or by reason of any act, action, neglect omission or default of be Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and for defend the same at the Sellers own expense, to pay any and all cons, charges, moneys fees and office expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofcere, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the properly of the Purchaser, or said parties in or as a result attach suits or other proceedings, be 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 precaution, famish and install all guards necessary for the prevention 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 Iles and regulation issued pursuant thereto. Revised 0712014