HomeMy WebLinkAbout201762 CLARION & ASSOCIATES - PURCHASE ORDER - 9134539 (2)City of
FF6rt Collins
Date: 03/17/2014
Vendor: 201762
CLARION & ASSOCIATES
401 MASON COURT SUITE 101
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9134539 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST- 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 08/19/2013 Buyer: ED BONNETTE
Note: PER 7503 MISCELLANEOUS SUSTAINABILITY SERVICES CONTRACT AWARDED TO
CLARION ASSOCIATES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
8 Addendum to PO 9134539
req #46998
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 EA
1,404.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522.0580
Pup;hase Order Tems and Conditions
Page 2 of 2
I. COMMERCDU.DETAII.S.
Tax exemptions. By statute the City of Fart Collins is exempt from tote and local mines. Our Exemption Number is
984M502. Federal Excise Tax Exemption Cmificata of Registry 84-W00587 is agistertd with the Collector of
Internet Revenue, Dearer, Colorado (Ref Colorado Revised Smarts, 1973. Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped of due 10 defects of
damage in transit may be mnund to you for credit and are not to be replaced except upon receipt of written
insmmtion,f the City of Fort Call ins.
Inspection. GOODS we subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandisr, services or rquipment in respmne in this order can result in
authorized payment oa But pan of the City of Fort Collins. However, a is ao be understood that FINAL
ACCEPTANCE is dependent upon completion ofail applicable "wed inspection proeeducrs.
Freight Terms. Shipments must be F.O.B., City of To, Collins, 700 Wood St, Fan Collins. CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for parking will not ha, accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when
thipmmns am made form greater distance.
permits. Seller shall procure at sellers to cost all necessary grow , certificates and In. required by ell
applicable Taus, regulation, ordinances and rules of the slam, municipality, temtory or political subdivision where
the work is performs, or requird by any other duly consrated public augronry havingjurisdiction over, the work
of vendor. Seller Tuner agrees m hold the City of Pon Collins hi rdr,, from and against all liability and loss
incurred by them by rcnwa of an asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorrsatioa All ponies to this contract agree that the represen dives are, in fact, bona fide and possess full and
complete uutbonry to bind said panics.
LIMI'1'A'HON OF IERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set foM and any supplementary or additional toms and conditions —normal hereto or incorporated herein by
reference. Any additional or different terms and condhions proposed by seller are objected W and hereby rejected.
2. DELIVERY.
PLEASE: ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dale as noted. Time is ofthe essence. Delivery and performance roast be effected within the time
stated on the purchase order and the documen¢ touched human. No ac6 of the Purchasers including, without
limitation, acceptance inflamed late deliveries, shall operate as a waiver of this provuion. In the event army delay,
the Pufchescr shall have, in addiction to other legal and equitable temdies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its mumnable.ntml dad without it, fault ofnegligenu,
such acts of God, acts ofcord or military amhomies, governmental priories, fires, atrikea Rood, epidemics, wan or
riots provided dust notice of the conditions causing such delay isgiven m the Purckiser within Five (5), days of the
time when the Seller tom received knowledge granted. In the Bent of my such delay, the dale of delivery shall be
extended for the pried equal an the time wally lost by crown of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
showings, spenieatiims, samples and/or other the riptimts given, will he fit for the purposes a tended, and
perfumed with the highest degree of ore and competence in nautil a with accepted standards fro work of a
similar aware. The Seller agrees to hold the purchaser harnaless from my lass, damage or expense which the
Purchaser may suffer or incur on account of the Shcers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of
time m may be prescribed by law or by the terms ofmy applicable wurmnty provided by the Seller afterthe doe of
acceptance of the goods famished hrreunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumiebd by the Seller. Acceptance or war of goods by the Purchaser shall not
constitute a waiver of any claim under this wwmny. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximamly caused by she breach of any of the forgoing warranties
err guammas, but such liability shall in no ever include lass of pr.fti or loss of use. 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 written change order_
S. Cl IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the temp, after than legal morn, including additions to or deletions form
the mmums originally ordered in the specifications or drawings, by verbal or carioca change order. If any such
change affects the amount due or the time of peformace hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purcbsser may at my lime by w en change coda, terminate this agreemem as so any or all portions of me
good then not shipped, subject to any quitable w1jmtareart between the panics as m my work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated mofbs on the uncompleted
portion ofthe goods under work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respeel to any goods which we the Shcers standard sloe. No such termination shall relieve
the Purc earl or the Sella ofmy af,hci, obligations as to any goads delivered hatunda.
T. CLAIMS FOR ADJUSTMENT.
Any claim for djourro nt must be asserted within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller wamana that all goods .Id hereunder shall hall been produced, sold, delivered and famished in suit,
compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
misinformed in agreements of this character arc hereby ineempwded herein by this reference. The Seller agrees to
indemnify end (told the Purchaser hourraw from all owns and damages wheal by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tmrrsfer, fir convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller warms full, clear and ... worried title to the Purchaser for all Optimum, mdmals, cad items fomished
n performance of this agreement, free and clear of any and all liens, restrictions, owenmions, security interest
encumbrances and claims ofothers.
I L NON WAIVER.
Failure of the Purchaser to Oil upon strict performance of We terms and conditions hereof, failure or delay to
exercise tray rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of
breach the acceptance afar payment for goods hereunder or approval afthe design, shall not elease the Sella of
any of the warranties or obligatom of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance haw for any of its rights or remedies as to any such goads, regardless
of when shipped, received or accepted, as to my prim or subsequent default hertuMeq or shall any par nand
and modification or mcission of this purchase order by the Porchuer operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Paramer recognize that in actual economic practice, overcharges resulting from antitrust
violations arc in fact home by the Purchaser. Thererofort afro good rat and as consideration for executing this
purchase order, the Seller hereby assigns to rue Purchaser any and all claims it may now have or hereafter
acquired under federal of sate antitrust laws for such overcharges relating to the particular goods or services
purchased or inquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe porcuasa &me. the Sclla It came. nonconforming or defective goods by a dam to 1w agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the purchaser
may came the work to be perforated by the most expeditious means available to it and the Seller shall pay all
costs ressmiaaed with such work.
The Seller shall release the Franchiser and its mntncmrs of any tier form all liability and claims of any nature
resulting from the phi mrance 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, officers and employees of such party.
The Sellers mnrmdusl obligations, including wmrmnry, shill not be deemed to be reduced, in any way, becauw
such work is performed or caused as be perforated by the Purchaser.
14. PATENTS.
Whenever the Sella is "cured to use any dnigm device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save hahmlims the Purchaser fmm any and all claims for infringement
by crown of the use of such patented design, device, material or process in connection with the contract, and
skill indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rcawn of such
infdngement at any time during the prosecution or after the completion of the work. In caw said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constimre infringement and the use of
said equipment Or Two is lowed, the Seller shall, al its owns expense and d its option, either procure far the
Fracham the fight 1...line, using said .uipment or parts, replace the same with substantially egml but
noainfdnging equipment, or modify it so it becomes naninfrinSing.
15. INSOLVENCY.
If she Seller skill become insolvent or Eastman, make an assigmnent for the benefit of creditors, appoint is
Or muam for any of the Sellers property or business, this Cider may foMwidn be canceled by the
Purchases without liability.
16. GOVERNING LAW.
The defnilimms oftment mood or the interpretation ofthe agreement and the rights of all panics hereunder shall be
continued ruder and governed by the laws of the Spite of Colorado, USA.
The following Additional Conditions apply only in uses where the Sella is to perform wort: hereunder,
including the services of Sellers Repmscrudive(s), on the premises of others
17. SELLERS RESPONSIBILITY.
The Sella shall cony on said work at Sellers own risk ..,it He sane is fully.mpleted and accepted, and shall,
rase of any accident, destruction or injury to the work odor rnamriak before Sellers final compleion and
acceptance, complete the work at Sellers awn expense and to the waisfsction of the Purchase, When materials
and equipment we famished by others for installation or erection by the Sella, the Seller shall receive, unload,
store end handle same d the site and became responsible therefor m though such matdals and/or equipment
were being fumislad by the Seller weds the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational
disease benefio, m its employees employed on or in connection with the work covered by this purchase order,
nd/m ro their dependents in accordance with the laws of the sure in which the work is m be dons. The Seller
shall Of. enary.mprthcrsive general liability indudiag his rot limited to, rentmcanal and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,00(1 for my
one .,ideal and property damage limit per accident of 5400,000. The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors
employees shall do any work upon the premises of others, she Seller shall furnish the Purchaser with a artificam
that such compensation and insurance have ban provided. Such certificares shall meaty the date when such
caustramentations and insurance have tern provided. Such cafifiutes shill specify, the date what such compensation
and insurance expires. The Seller agrees Nat such compewtion and insurance shall Is, maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for my and all damage, loss Or injury of my kind
in mom, whaasmer to persons or property, caused by or resulting fmm the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and my
,r all of the purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to pes.ns or property to which the Purchaser may
be put in subject by reawn of my act, .lion, neglect, omission or default on the Pan of the Sella, my of his
connotations, or any of the Sellers or contractors officers, agents or employes. In ease my suit or other
proceedings shall ha brought against the Purchaser, or its officers,.gems or employ., 91 any time on ac.wt or
by reu.n of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its or
their officers, agents or employees in aforesaid, the Seller hereby agrees to assume me defense thereof and to
defend the same at me Sellers own expense, to pay my and all casts, charges, attorneys fees and other expenses,
any and all judgments ram may be incurred by or obowd against the Purchases or any of is or their sAys ,
agents or employees in such suits in other proceedings, and in was, judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other prow dap,
the Seller will at once cruse me same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, famish and instill all guards necessary for the prevention of
accidents, comply with all lass and regulations with regal to safety including, but without limiotim, the
Occupational Safety and Health Act of 1970 and Of talcs and regulations issued patients merem.
Revised 03I2010