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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9150742CI�/ of F6r} Collins PURCHASE ORDER PO Number Page PURCHASE9150742 t of 3 This number must appear !�—J`-' ` on all invoices, packing sli s and labels. Date: 02/02/2015 Vendor: 109184 Ship To: ELECTRIC UTILITIES LEWAN & ASSOCIATES CITY OF FORT COLLINS 1608 S COLLEGE AVE 700 WOOD ST FORT COLLINS CO 80525-1007 FORT COLLINS CO 80521 Delivery Date: 02/02/2015 Buver: ED BONNETTE Note: PER QUOTE #76673 DATED 12/24/14 FROM CINDY JACQUOT AT LEWAN TO JOHN HUSTED. Line Description Quantity UOM Unit Price Extended Ordered Price HP Care Pack Support Plus 24 1 LOT LS 7,372.72 Extended service agreement parts and labor- 1 year - 24X7 - response time: HA110AC Per Quotation dated December 24, 2014 10:57 AM MST For period: 03115/2015 to 02/29/2016 Payment is allocated between SGIG funding support and non-SGIG funding support as noted below: Expenses paid with SGIG funds for period 3/01/2015 to 09/30/2015 (213 days of 365 day period) Expenses paid with non-SGIG funds for period 10/01/2015 to 2/29/2016 cover the remained. DOE Award # DE-OE000357 ARRA/SGIG Funding 2 Hardware Maint & Support Sery 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.aom 1 LOT LS 5,261.28 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@fogov.mm PO Number Page 9150742 2013 This number must appear on all invoices, packing sli s and labels. Total $1 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 P=habe Order Terms and Conditions Page 3 of 3 1. COMMERCDU,DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is M-04502. Federal Excise Tax Exemption Certifimte of Registry 84-600058I is registered with the Collector of Internal Revenue, Drove, Colorado (Ref. Colorado Revised Surmtw 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet nperifiralions, either when shipped or due tu defects of damage in natal,, may be returned to you for credit and are not to be replaced except upon receipt of winner instructions Gam the City of Fort Collins. Inspection GOODS are subject to the City of part Coll ins inspection on arrival. Fine) Acceptance. Receipt of the merchandise, services or ,.ipmrn, In response P, this coder can result In authonam payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless otherwise specified on this order, if permission is given in prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have doon outing points in ry, various parts of the countshipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances said Arles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss maned by them by reason of an asserted or established violation of any such laws, regulations, ordinances, Arles and requirements. Authorization, All parties to this contract agree that the representatives are, in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and wndilianx stated herein set forth and any supplementary or additional terms and conditions annexed hereto err incorporated herein by reference. Any additional or different teems and conditions purposed 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 data o noted Time is of the essence. Delivery end performance must be effected within the time stated on the pumhow Omer and the documents attached hereto. No acts of the Purchasers including. without Inrunnea aPc,,aOcc of partial [me deliveries, shall opcone, as A waiver of his provision. In the ever, of any delay, ,he Purchaser shall have, in Addu mn a other legal and equitable remedies, the opllon of planing this tamer elsewhere and holding the Seller liable for damages. However, the Seller shall no, be liable far damages as A Punk of delays due to causes not reasonably foreseeable which arc beyond its mamnable control and without its fault of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, lines, strikes. Rom, epidemic, wars or riots providd that notice of the conditions causing such delay is given to the Purehasa within five (5) days of the time when the Seller first received knowledge thereof. la the event of any such delay, the done of delivery shall be extended for the period equal to the time actually Ira, by reason ofthe delay. 3. WARRANTY. The Seller warants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sampla -No, other descriptions given, will W fit for the per mess immded, and performed with the highest degree of are and competence in accordance with accepted stsndards for work of a similar nature. The Seller agrees As hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or term on at.., of the Sellers breach of warrThe e Seller shall replace, taunt, m smoke good, without cost to the puchamr, any defects or faults arising within One (1) year Or within such longer period of time An may be prescribed by law or by the moms of any applicable woramy provided by the Seller after the date of acceptance of the goods f ishM hereunder (acmptance not In 4 amwennably delayed), resulting from imperfect or defective work done or mamdals fumishW by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver fany claim under this warranty. Except as otherwise provided in this purchase under, the Sellers liability hereuader shall extend,. all damages proximntely coned by the breach of any of the foregoing warranties or gumamem, but such liability shall in no event include loss ofpmfiu or Into of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehaser may make changes to legal in. by written change order A CHANGES IN COMMERCIAL TERMS. The Purchaser may make nay changes to the terms, order than legal in., incla, ins additions to or dele,ions form the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomnance hereunder, an vs itable adjustment shallha made. 6. TERMINATIONS. The Puchasu may at any time by women change order, terminate this agreement As tu any or all potions of the goods then teat shipped, subject o any equitable adjustment between the Fannie, As to any work or materiak then in progress provided that the Pu¢hsser shall not be liable for any claims for anticipated profits on the uncompleted ponioa ofthe goods and/or work, for iacidmtal or consequential damages, and Chet no such adjusament be made in favor ofthe Seller with respect m any goods which are the Sellers standard stock. No such termination shall retain, the Purchaser or the Sella fany ofthein obligations As m any goods delivered hereunder. T CLAIMS FOR ADBUSTMENT. Any claim for adjustment Anta, he asserted within him, (30) days form the dam the change or termination is ordered. A. COMPLIANCE WITH LAW. The Seller warrant than all good sold hereunder shall have tern produced, sold, delivered And f ished in snic, compliance with all Applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such depements an may be required to eRen or existence compliance. All laws and regulations required to be incorporateal in agreements of Wes character Are hereby incorporated herein by this reference. The Seller agrees to indemnify it bold the Prequour familess from All costs and damage suffered by the Purchaser As A All of We Sellers failum to comply with such law. 9. ASSIGNMENT. Neither parry shall Assign, trouper, or convey this order, or any monies due or to become due hereunder without the perm remain comeut of the order party. 10. TITLE. The Seller warrants full, clear anal umestncted tide to the Purchaser for All equipment, materials, and items flunishN in performance of this alumina, fee and clear of any and all liens, restrictions, reservations, secuny interest mound mnca and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict pert nuance of the teen,, and conditions hereof, failure Ar delay to any rights or rrnmdies provided herein or by law, failure to pmmplty notify the Seller in the event of A breach, the acceptance of or payment for goods hereunder or approval of the design, shell not release the Seller Of any of the wurranties or obligations of this pumham order and shall not be deemed o waiver of any tight of the purchaser m lasts, upon snit pinfomance hermfor any urns rights of remedies as no any such Goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Pumorted oral modifcmion or rescission of this purchase order by the Purchuser operate As a waiver of any of the terms herenf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller unit the Purchaser recognize that in actual economic practice, overcharges resulting from aninrus, I iOlmions are in fuel home by the Purchaser. Theremfore, far goad cause end ns consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it nay now have or fiessu er acquired under behind or state AMAm t laws for such overchargea relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to cones nancanfmming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchase( may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller slmll release the Purchaser and its contractors of any tier from all liability and claims of any nature exalting from the performance of such work. This release shall apply even in the event of fault of negligence of the party nelesom and shall extend to the directors, Affects and employee, ofsuch Party. The Seller's contractual obligations, including warrant, shall not be decmerl to be reduced, in any way, because such work is performed or caused to be performed by the PAmheser. 14, PATENTS. Whenever the Seller is required in use any design, device, material or process covered by letter, patent, trademark r copyright the Seller shall indemnify and save hamdese the 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 contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to 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 goods, is in such air, held to c unstiN4 infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expeme and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially mad be, noninfiingiag equipment, or modify it se, it becomes noninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver of Prince for any of the Sellers property or business, this order may forthwith be canceled by the Purchser without liability. 16. GOVERNING LAW. The definitions OftnTru used Or the interpretation ofthe agreement and the rights of all panic hereunder shall he construed under and governed by the laws ofthe State of Coloado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repesentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry m said work at Settees own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work andeor matenals before Sellera final completion and acceptance, complete the work at Seller's own ca, me and to the satisfaction of the Purchaser. When marmals and equipment am furnished by others fo, imtallation or rotation by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such mancru s andror equipment woe being firmislum by the Seller under the order. 18. INSURANCE. The Seller shell, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employers employed on or in connection with the work covered by this quoran. omen, and/or to their dependents in accordance with the laws of the sum in which the work is to be done. The Seller shall also carry comprehensive geneal liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S5e0,000 for any one ccident and properr, damage limit per accident of 5400,000. The Seller shall likewise require his contractor, if any, to provide fin such compensation and imurance. Before any of the Sellers or his emanation employees shall do any work upon the premises of others, the Seller shall famish the Purchamr with a cenifcate that such compensation and insurance have Bern provided. Such canifimtes shall specify the dam when such compensation and insurance have been provided. Such cenlfimta shall specify the dam when such compensation said iasumnn, cxpira. The Seller agrta chat such cau,smonien and insurance shall be mainuined until r0er the curie work is completed and acc,ptcd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby samma the eatim mponsibility and liability for any and all damage, loss or injury ofany kind or nature whosoever to persons or property caused by or resulting from the execution ofthe work provided for in ,his purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchnur aed any or all of the Pumbeaers officers, agents and employees fmm am against any and all claims, lasses, damages, charges or expenses, whether direct or ihaimt am whether to persons or property to which the Purchaser may be An, or subject by rmson of any an. action, raglan, omission or default on the part of Wa Seller, any of his emanation, or any of the Sellers or contactors officers, agents or amplayca. In ram any suit or other proceedings shall Ira brought Manor the Purchaser, or its affairs, agents or employees at any time on account or by mown of any Act, Action, neglect, omission or default of the Seller, of any of his contractors or any of its or their officers, agents or employees As afoessid, the Seller hereby ages to assume the defense Weeof am re. defend the same at the Sellers own expense, to pay any And all casts, charges, amumeyx fees And other expenses, any and all judgments that may be incurred by or obtained Maims the Purchaser or any of its or their officer, agents or employees in such suits or other proceedings, and in tale judgment or order lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or ss a result ofsuch suits or mine proceedings, the Seller will at once muse the tame to he dissolved And discharged by giving hoed or otherwise. The Seller and his comrdctors shall take all safety precautions, fttmuh and insult All guards mrevary for the prevention of Accidents, comply with OR laws and regulations with regard to safety including. but without formation, the Occupational Safety cad Ha1W Act of 1970 and all ales and regulations issued pursuant theme.. Revised 07nO14