HomeMy WebLinkAbout201762 CLARION & ASSOCIATES - PURCHASE ORDER - 9957129Fort Collins
PURCHASE ORDER
PO Number Page
9957129 1 of 2
This number must appear
on all invoices, packing
slips and labels.
Date: 03108/2012
Vendor: 201762
Ship To:
ADVANCE PLANNING DEPARTM
CLARION & ASSOCIATES
CITY OF FORT COLLINS
401 MASON COURT SUITE 101
281 N COLLEGE AVE
FORT COLLINS Colorado 80524
FORT COLLINS Colorado 80524-2
Delivery Date: 11/30/2009
Buyer: JAMES O'NEILL
Note:
Line Description
Quantity
Ordered
UOM Unit Price Extended
Price
17 City Plan/Trans Master Plan
1 LOT
EA-52,089.01
Change Order No. 6
(req #41614)
18 City Plan/Trans Master Plan
1 LOT
EA-64,000.00
Change Order No. 6
(req #41555)
Total-$116,089.01
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO
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
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. COMMERCIAL DETAILS.
Tax exemptions By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER.
98-01502. Fedcml Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe toms and conditions hcrcof. failure or delay to
Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 19-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promplly notice the Seller in the event of a
breach. the acccptancc ofor payment for goods hereunder m approval oflhe dcsign, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamnrics or obligations of this purchase order and shall not be decmed a waiver of any right of the
damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of wrincu purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
instructions Be. the City of Fort Collins. of when shipped. received or accepted, as to any prior nr subsequent default hereunder, nor shall any purported
oml modification or rescission of this purchase enter be the Purchaser operate is a waiver of any of the terms
Inspection. GOODS arc subject to the City of Fort Collins inspection on orrival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this older can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However. it is to be understated that FINAL Sel)cr and the Purchaser recognize that in actual economic practice, overcharges resulting from antimst
ACCEPTANCE is dgsndcni upon completion of Mi applicable requiral inspection procedures. violations are in fact borne by the Pumhascr. Theretofore. for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herca0cr
Freight Tans. Shipments must be F.O.H., City of Fort Collins. 7M Wood St. Fen Collins, CO 90522. unless acquired under federal or state antitmst laws for such overcharges relating to the porticular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge sepammly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution peim to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from greater distatme. may cause the work to be perfumed by the mosl expeditions means available to it and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at seders sole cost all ncocsszry permits. certificates and licenses required by all
applicable laws, regulations ordinances and talcs of the state, municipality, territory or Political subdivision wham
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 form and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances. roles
and requirements.
Anthorintion. All panics to this contract agree that the representatives am. in fact bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the toms and conditions stated
herein set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by
reference. Any additional or dilfcrent terms and conditions proposal by scllcrarc objected to and hereby rejected.
2. DELIVERY. .
PLEASE ADVISE PURCHASING AGENT immediately ifymr cannot make complete shipment to arrive on your
promised delivery date us noted. Time is ofthe cQwnec. Delivery and performance must be cfTated within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries shall opemtc ns a waiver of this provision. In the event of any delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. Hoovver, the Seller shall not be liable for damages as a result of dclnys
due to causes not reasonably foreseeable which arc beyond its reasonable control and withotn its fault of negligence,
such acts of God, acts ofcivil or military ntdhonfies, governmental priorities, fires, strikes flood, epidemics. wars or
riots 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 actually lost by reason of the delay.
J. WARRANTY.
The Seller warrants that all goods, articles materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will he fit far the purposes intended, and
performed with the highest degree of cam and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any lose damage or expense which the
Purchaser may suffer of incur ea account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make
Sued, without cost to the purchaser, any defects or faults arising within urrc (1) year err within such longer Period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller ahcr the date of
acceptance ofthe good furnished hereunder (acceptance not to be unmisnnably delayed), remelting From imperfect
or deft a0ve work done or materials fnmishcd by the Seller. Acceptance or use of goals by the Pomhascr shall not
constitute a waiver ofany claim under this warranty. Except as otherwise provided in this pmchasc order, the Scllcrs
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include less of pmfits or loss of usc. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
i. CHANCES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal mats including additions to of deletions from
the gnnmnics miginafly ordered or the spenifuemions or draw -jogs, by verbal or wmwn change order. If any sucM1
change affects the amount due or the time ofperfomumcc hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wxincn change order, terminate this agreement as to any or all portions of the
goods then nor shipped, subject to any equitableadjustment act the parties as to any work or materials then in
progress provided that the Purchaser shall not he liable for any claims for anticipated pmfits on the uncnmplcred
portion ofthe gads and/or work. for incidental or conscqucatial damages, and that no such achushncat be made in
favor of the Seller with respect to any goods which arc the Scllcrs .standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most he asserted within thirty (30) days form the date the change or termination is
enteral.
S. COMPLIANCE WITH LAW,
The Seller wamnty that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Scllcr shall execute and
deliver such documents is may he required to effect orevdcnee compliance. All laws and regulations required to he
incorporated in agreements of this character are hercbv incogmmted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Parcbnscr ns 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 dire hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller wamnty full, clear and unrestricted title to the Purchaser ferall equipment. materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors, of any tier From all liability and claims of any nature
resetting From the perfomancc of such week.
This release shall apply even in the event of fault of negligence of the patty released and shall extend In the
directors, olTmers and employees nLsuch party.
The Sellers contractual obligations, including warn my, shall not be deemed to be reduced, in any way, because
such work is performed or caused to he performed by the Pumhnscr.
14. PATENTS.
Whcnm'ef the Scllcr is required to use any dcsign, device, material or process covered by letter, patent, trademark
or copyright, the Scllcr shall indemnify slid save harmless the Purchaser fmm any and all claims for infringement
by .,on 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 ar dmnage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion ofthe work. In case said equipment or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal bill
noninfringing equipment or modify it sat it becomes nomnlringing.
15. INSOLVENCY.
If the Seller shall hcennw insolvent or bankrupt make an assignment for the benefit of creditors, appoint a
receiver or novae for any of the Sellers Property or business, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the inlerpectation ofthe agreement and the rights of all panics hereunder shall be
construed under and governed by the Imes ofthe State of Cclomdo. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Scllcrs Rcpmscntarive(SL on the premises of others.
17. SELLERS RESPONSIHILI FY.
The Seller shall cam on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident. dcstmction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for installation or crmtion by the Seller. the Seller shalt receive, unload,
more and handle same at the site and become msponsib c there! r as though each materials and/or equipment
were being famished by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, pmvidc for the payment of workcm compensation, including occupational
disease hamfits. to its employees employed on or in connection with the work covered by this porehase order.
and/or to their dependents in accordance with the laws of the state in which the work is to be done. TM1c Seller
shall also carry comprehensive gcncml liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and dcmh limits of ere ]cast S30c.000 for any one person. S5M.W for any
one accident and property damage limit per accident of S4(10,000. The Seller shall likewise require his
contractors. if any. to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the pmmiscs ofethem. the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such affificates shall specify the date when such
compensation and inxemnec have been provided. Such certificates shall specify the dale when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until a0cr the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the catirc responsibility and liability for nny and all damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resetting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Perches ers o0icem, agents and empinyees from and against any and all claims, losses. damages,
charges or expenses, whether direct or indirect and whether to persons or progeny to which the Purchaser may
be put or suhjcet by reason of any net, action, ocglecl. omission or default on the pan of the Seller, any of his
contractors, or any of the Scllcrs or contractors officers, agents or employees. In ease any suit or other
proceedings shall be brought against the Purchaser, nr its offiats. agents or employees at any time no account or
by reason of any act, action, neglect mmssion or dcGull of the Seller of any of his contractors or any of its or
their officer, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, chirgcs, iRnmeys Pecs and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officem.
agents or employees in such suits or other pmccedings and in case judgment or other lien he placed upon or
obtained against the property of the Porchascr, or said parties in or as a result of such suits or other proceedings.
the Seller will at once cause the same to be dis,nhcd and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precmnions, finmsh and install ill guards; necessary for the prevention of
,accidents comply with all laws and regulations with regard to safety including, bill without limitation, file
Occupational Safety and Health Act of 1970 and all odes and regulalions issued pursuant the ctv.
Revised ON2010
Fort Collins
Date: 03/07/2012
Vendor: 201762
CLARION & ASSOCIATES
401 MASON COURT SUITE 101
FORT COLLINS Colorado 80524
PURCHASE ORDER
PO Number Page
9121346 1
t of 2
This number must appear
on all invoices, packing
slips and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 03/07/2012 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Cam, C3. Oil.-:s�2 J�
U
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Planning, Development & Transportation
City Of Advance Planning 1
Fort Collins 261 Nonh CNlcnn Avam-1e
P.O. box 5e0
Fun Colhn s. CO 90522.050E
970.221.6376
Change Order Form
PROJECT TITLE: City Plarifransportation Master Plan
PROJECT NUMBER: WAS
CONTRACTOR: Clarion & Associ (as (PO #9957129)
CHANGE ORDER NUMBER: 6
In preparing change orders show in.order as separate numbere
1. Reason for change 2. Description of change.
3. Change in contract cost. 4. Change in contract lime.
1. Reduction to required services.
2. Implementing Phase III of the Master Plan was never totally completed because of a time shortage.
3. The conlracl cost will decreased by S (116,089.01)
4. There will be no change in contract time.
ORIGINAL CONTRACT COST
S833,673.00
TOTAL APPROVED CHANGE ORDERS & ADDENDUMS
$233,925.50
TOTAL PENDING CHANGE ORDERS
$0.00
TOTAL THIS CHANGE ORDER
(5116.089.01)
TOTAL % OF THIS CHANGE ORDER
-13.93%
TOTAL C.O. ; OF ORIGINAL CONTRACT
14.13% .
ADJUSTED CONTRACT COST
5951,509.49
(Assuming all change orders approved)
ACCEPTED BY: --�—�
Z I6 IZ
DATE:
(Contractor's Representative)
SUBMITTED BY:
DATE:
Plarm g - Manager)
Advance
SUBMITTED BY:
::_
DATE:
- - M agar)
APPROVED BY:
DATE:
(Purchasing Agent over $60.000)
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Page I of l
Jim O'Neill
From: Lori Middleton
Sent: Thursday, February 23, 2012 3:30 PM
To: Jim O'Neill
Cc: Shannon Gallegos; Christie White; Ed Bonnette
Subject: Reduction to Clarions PO
Hi Jim, %
Christie here on Lori's e-mail. I have put in reduction req. #41555, for <$64k>, change order to
Clarion's PO #9957129. Shannon will be putting her change order for <$52,089.01>, she will be letting
you know her req. # as soon as she does so you can tie our reduction to the change order. I also am
waiting for the signature on the change order for Utilities so when I get that I will scan the change order
and send it to you. Let me know if you have any questions. Thanks Jim. .
Lori Middleton
Administrative Assistant
City of Fort Collins
Advance Planning
281 North College Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6376
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02/23/2012