HomeMy WebLinkAbout201762 CLARION & ASSOCIATES - PURCHASE ORDER - 9134539 (3)Fort Collins
Date: 09/17/2014
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 "1tl1L1y UOM Unit Price cxcenueu
Ordered Price
9 Contract Adjustment
1 LOT EA
SSA Strategic Plan
CREDIT ADDED PER W.BRICHER EMAIL DATED 9/17/14. -ECB
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.00m
-26,030.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fun Collins is exempt from state and local bozo. Our Exemption Number is
II. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cmificam of Registry 84-6000587 is registered with the Collector of
Failure of the Pumhaer to insist upon strict performance of the termer and conditions hereof, Failure or delay to
Internal Revenue, Denver, Colorado For Colorado Revised Station 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella m the event of a
breach, the acceptance of or payment for good hereurder or approval of the design, shall not release the Seller of
Good Rejected. GOODS REIECPF.D due to failure or meet specifications, either whim shipped or due to defects of
any of fire warranties or abligmi.. of this purchase under and shall not be domed a waiver of my raght of the
damage in mnsit, may be returned to you for credit said are not to be replaced except upon receipt of women
purchaser to imist upon stria peR ahereof or my of its rights or remedies ns to say such goads,regardless
instructions fmm the City orbiter Collins.
of what shipped, received are accepted, as m any prior or subse,mra default hereunda, nor shall any Imported
and modification or rescission of this purchase order by the Purchaser claim, as a waiver of say of the terms
Inspection. GOODS are subject to the City of Pon Collins inspection on aravel,
hereof.
Final Acceptance. Receipt of the merchandise, sear r equipment in response la this order cu .tilt in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
autMr¢ed payment on the pan of the City of Fan w Collim. Hoever, un�ood it is to he dersthan FINAL
practice, ovemga resulting farm antitt
Seller and the Purchaser recognize that in rattail ec antitrust
ACCEPTANCE is dependent upan completion are]] applicable required inspection procedures,
violations are in fact home by the Purchaser. Therewfore,for good come and as consideration for executing this
purchase ordeu the Sella hereby aaigm to the Purchaser any and all claims it may now have or haeaner
Frank, Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fan Collins, CO $0522. unless
acquired unda federal or saae mtiunst laws for such ovealeat relating to the particular goods or xmvtc.
otherwise specified on this order. If permission is given m 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 not be accepted
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Diaanee. Where manufacturers have distributing points in various an, of the iummry, shipment is
Ifthe Purchaser brats the Seller to comat nonconforming or detective gwrls by a date to be agreed upon by the
expected from the nmrcat distribution point to destitution, and access freight will be deducted form Invoice when
Purchaa and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greats distance.
may cause the work to h performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Sella shall procure at sellers sole rust all na., Farm.. ceNfcatn and licences req ired by ell
applicable laws, regulations, ordinances and rules of the state, municipality, terimry, are political subdivision where
The Sella shall release the Purchaser and its crentmnors of my tier fmm all liability and claims of any nature
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
resulting from the performance of such work.
of vendor. Seller further agrees to hold the City of Fort Cull ins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rues
This release shall apply even in the event of Fault of negl igenee of the party released and shall extend to the
and requirements,
directors, officers and employees of such party.
Authorization. All Italian to Box contact agree that the representatives are, in fact farm fide and passess full and
complete aurheribem bindsaid ranin.
LIMITATION OF TERMS. This Purchase Order expressly limits ac iTionw to Be terms and con alum. gaited
herein set forth and any suppleruenmry or additional R ms and conditions annexed hereto or Incorporated herein by
reference. Any additional or different terms rend conditions proposed by seller are o famed or and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately Blom moral make complete shipment to arrive on your
promised delivery dam as noted. Time is of the essence. Delivery and performance most be effected within the time
sated on the purchue order and the documents attached harem. No acts of the Purchasers including, without
limitation, amptance of partial Ire deliveries, shall o worm ss a waiver of this precision. In the event ofany, 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 drmagw. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arm beyond its reasonable control and without its fault ref negligence,
such as of God. acts ufcivil or milimry autharaies, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of Ne conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller But received knowledge thereof. In the event of any such delay, the dote of delivery shall be
extended for the period usi m the time actually last by reason of the delay.
3. WARRAMY.
The Seller warmnu Char all goods, modes, materials road work coveed by this order will conform with applicable
drawings, specifications, samples andfar other descriptions given, will be fit for the proposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards far work of a
similar nature. The Sella agrees to hold the purchaser harmless fmm any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or rake
good, withom cost to Ne purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the perms army applicable wmmnry provided by the Seller after the dare of
acrepmnce of the goods frrumbed hereunder (acceptance not to b, some orebly delayed), resulting Room imperfect
or def tics work done or namdaL, famished by the Seller. Acceptance or use of good by the purchaser shall rent
omtitate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but finch liability shall in no event include loss id! profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The pumberser may broke changes to legal reamer by wrinen change order.
5. CHANGES IN COMMERCAU. TERMS.
The Purchase, may make any changes fire the terns, carer than legal terms, including additions to or delelions from
the quantities originally ordered in [he specifications or drawings, by verbal or wroarn change order. If any such
change ld rat, the amount due or the time ofperf ancome harmnda, m ymarble mi monim shall be made.
6. TERMINATiONS.
The Puahcer may many time by wrinen change order, terminate this agreement as many or all partians of Ne
good them Out shipped, subject to my equitable adjmtmrnl betweim Be pan in as to Only work or materials then in
progress provided thal the Purchaser shall not h Ridge for any claims for anticipated profits on the uncompleted
portion of the good and,'or work, for incidental or consequential damages, and that no such adjustment h made in
favor of the Seller with respect to any good which are the Sellers standard stock. No each termination shall relieve
the Purchaser or the Seller army of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjusMent mart h asserted within Nirry (30) days from the date the change or armimrion is
ordered.
I. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in said
compliance with all applicable laws and regulations an which the ..its are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations requital to be
incmpomted in agreements of Nis character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from sll rusts and &.,a suffered by the Purchaser u a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall mssigq member, or came, this order, or my monies due or to become due hereunder without the
prior miss. capital oflhe other party.
10. TITLE,
The Seller warrants full, clear and um.tricted rate w me Purchaser for all x uipment, materials, and items furbished
in performance of Box agreemeut, free and clear of any and all liars, factions, rcamations, security interest
encumbrances and claims of others,
The Sella s contractual obligations, including wamdnty, shall not be dcemed to be reduced, in any way. because
such work is performed or caused to be performed by the Pumbour.
14. PATENTS.
Whenever the Seller is required W use any design, device, material or process covered by later, patent trademark
or copyright, the Seller shall indemnity and save harmless the Purchaser from any and all claims for infringement
by .,an of the use of such premed design, device, material or process in connection with the contrast, and
shall indemnify the Purchaser far any O s . expense or d rri which it may be obliged to Ray by reason of such
infringement at any time during the prosecution or after the completion of the work. In one said ca uipmem, or
my pan thereof or the intended use of the goods, is in such suit held to comtimte infirm,anem and the use of
said a cipmem or pan is enjoined, the Sella shall, at its own <xpe. and al its option, either procure for the
Purchaser the right or continue using said a,uipment or pans, replace the same with substantially expand but
renominating equipment, or modify it so it becomes nordnfn'nging.
15. INSOLVENCY.
II' he Sella shall become hoolva r or batimpl, make as assignment far the benefir of anNmn, appoint a
receiver err trustee for my of the Sellers property or business, this order may forthwith be canceled by the
Purchases without liability.
16. GOVERNING LAW.
The definitions Orleans Used or the interpretation ofrhe agreement and the rights of all patio hereunder shall be
concerned under and 6evai ed by be laws arm, State of Columdo. USA.
The following Additional Conditions apply only in where the Seller is to perform work hereunder,
including the services of Sellerspre Reomens ve(s), oa theses premisx i fothers.
17. SELLERS RESPONSIBILITY.
The Sella shall miry on said work at Sella's own risk it the same is fully completed oral accepted, and shall,
in case of my acoidem, destruction or injury to the work andlor materials befre Selleh final completion and
acceptance, complete thc work at Sellers own expense and to the satisfaction of Be Purchaser. When materials
and equipment arc furnished by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials andror equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for Be paymrnt of workers compensation, including Occupational
disease benefits, to its employees employed an m in mutation with Be work covered by this purchase order,
andfor to their de undwss in accordance with the laws of the state in which the wink is to be done. The Sella
shall also tarty comprehasive general liability including. but not limited to, mutractml and automobile public
liability insurance with bodily injury and death limits of in fact $300,000 for any one person, S500,000 for any
one
accident and property damage limit per accident of $400000. The Seller shall likewise require his
contmcton, if any, to provide for such compensation and insuranec. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish Be Purchaser with a certificate
that such compensation and icurance have been provided Such countries shall specify the date what such
compensation and insurance have been provided. Such cenificaln shall specify the dare when such compensation
and insurance expires. The Sella sign. Our such compare ataon and imumnce shall the mzincomed .,it after the
atire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby acumen the entire rnpam alaht, and liability In, any and all damage, lass or injury of any kind
r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
Nis purchase order or in contraction herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of fire Purchusers officers. agents and employees Room and against any and all claims, losses. dmrag.,
changes or expenses, whether direct or indirect, and whetEcr or persons or property w which me Purcluuer may
h put or subject by reason of any act, action, angina, omission or defmlt on Be pan of the Sella, my of his
contmdors, or any of the Sellers or contractors officers, agents or employees. In ass, my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason 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 aforesaid, me Seller hereby agrees to assume the defense thereof and to
defend Be same at the Sellers own expense, to pay any and all case, charges, ammeys fees and other expenses,
my and all judgfrmes met may be incurred by or Obtained against the Purebaser or any of an or their officers,
agents or employees in such suits Or other proceedings, and in cove judgment or other lam be placed upon or
obainod against the mpear, of Be Purchaser, are said parties in or as a result of such suits or other proceedings,
the Sella will at ontt souse the same to be dissolved and discharged by giving bond or oNerwise. The Seller and
his contmdrrs shall take all safety precautions, famish and insell all guard necessary for the pmnntion of
ceadents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant Hereto.
Raised 0IR014