HomeMy WebLinkAbout201762 CLARION & ASSOCIATES - PURCHASE ORDER - 9134540Fort Collins
Date: 09/22/2014
Vendor: 201762
CLARION & ASSOCIATES
401 MASON COURT SUITE 101
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9134540 1of2
This number must appear
on all invoices, packing
silos 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. THIS FUNDS TASK #3.
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Addendum to PO #9134540
1 LOT EA 15,000.00
CAP Additional Work
(req 48132)
3 Addendum to PO #9134540
1 LOT EA 1,636.00
CAP Additional Work
(req 48132)
4 Addendum to PO #9134540
1 LOT EA 16,000.00
CAP Additional Work
ADDED PER W. BRICHER & E.SWITZER EMAILS DATED 9/22/14. -ECB
AND PER CLARION/BRENDLE CHANGE ORDER #2 TO 7503 MISCELLANEOUS
SUSTAINABILITY SERVICES CONTRACT.
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, Fart Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
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. COMMERCIALDETAILS.
Tax exemptions. By swum the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue. Denver, Colorado (Ref Colorado Revised Sem,n 1923. Chapter 39-26,114 (a).
Good Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defema of
damage in transit. may be command to you for credit mid core not m be replaced except upon receipt of writen
instructions from the City airport Collins.
Inspection. GOODS are subject o the City of Fort Collins inspection on amval.
Final Acceptance. Receipt of the merchandise, services or equipment in response m this order can result in
anthonxcd payment on fie pm of the City of Fort Collins. However, it is as be understood real FINAL
ACCEPTANCE is dependent upon completion ofall applicable carried interaction procedures.
Freight Terms. Shipments must be EO.B., City of Pon Collins, Too Wood St., To" Collins, CO 80522. unless
otherwise ,Or fed on this order. If pemrission is given to 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 distributing Winn in various pans of rate country, shipment as
expected from the meant distribution paint to desmention, and excess freight will be deducted from Invoice whm
shipments are nude form power distance.
Permits. Sella shall pmeure at sellers sole cost all necessary permits, cenificmes and licenses squired by all
applicable laws, regulations, ordinances and reles of the state, municipality, territory or political subdivision where
the work is performed, or ragrired by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold she City of Furl Collins harmless from and against all liabil iry and less
incurred by them by reawn of an asserted or established violation of any such laws, regulations, ordinances, rates
and requiremcne,.
Authorization. All parties to this contract agree that the exprea meativea arc, in fact, Now fide and possess full out
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits accep,enee to the trams and conditions stated
herein set frtb and any supplementary or additional tents and mndltlons annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller art ubjecmd to and hereby rejaled.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT wantonly ifyou cannot make complete shipment to arrive on your
promised delivery der¢ as rwled. Time is of the essence. Delivery and performance must be eReaed within the time
stated on the purchase order and the dOcomene, attached herein. No nits of the Purchasers including, without
limitation, acceptance affronted lam deliveries, shall opiate ;is a waiver of this provision. In the avant of any delay,
the Purchaser shall have, in addition to other legal and o hirable remedies, the option of placing this order elsewhere
am1 holding the Seller liable for damages. However, the Seller shall not be liable for damages he a result of delays
due to watts not invariably foneeable which are beyond its reasonable central and without its fault of negligence,
such ace, of God, acts ofclvil or military amharitirs,gov caul priamies,forms, strikes, flood epidemics, wars or
riots provided that notice of the conditions canning such delay is given to the Purchaser within five (5) days of the
time whin the Seller first received knowledge therm[ In the event of any such delay, the dam of delivery shall M
extended for the period agar as the time actually lost by wer n ofthe delay.
3. WARRANTY.
The Seller warrants Out all goods, articles, materials and work covered by this order will conform with applicable
drawings, sgamificanow, samples and/or other descriptions given, will be, fit for the puryose intended, and
performed with the highest degree of care hard competence in accordance with accepted sandbank for work of a
-milar a are. The Seller agrees to hold the gawsom, harmless from any loss, damage or expetcse which the
Purchaser may suffer or incur on account of the Sellers bench of warunty. The Sella shall replace, rehab or make
good, without cost to the 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 terns of any applicable warranty provided by the Seller after the dam of
acceptance of the goods finished hereunder (acer,ounce not to be unreasonably delayed), resulting from imparter,
or defective work done or materals famished by the Seller. Acceptance or use of goods by the Purchaser shall no,
contribute a waiver of any claim uMer this warranty. Except as otherwise provided in this Franchise order, the Sellers
liability hereunder shall extend m all damages proximately aimed by the bunch of any of date foregoing weamnlie
or guarantees, but such liability shall in no event include loss of prefie, 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 leans by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, the, than legal terrm, including addition m or deleions from
the quantities originally ordered in the specifications or drawings, by Verbal or wrimen change order If any such
change currents the amount due or the time ofperfom c hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change order, lemainum this agreement as to any or all pinions of the
good then not shipped, subject to any equitable adjustment between the parries as ta now work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated pmfies he the uncompleted
portion of the good and/or work, for incidental or consequential damages, and that an such adjuustmen, be made in
favor of the Sella with npecuo any gas which are the Sellers standard stack. No such mrmiwtion shall relies
the Proxima or the Sella ofuy of their obligations as to any guests delivered hereuda.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment muss be assated within thirty (30) days from the date the change or termionow is
ordered.
8. COMPLIANCE WITH LAW.
The Sella wamnn that all goods sold hereunder shall have been produced, sold, delivered and famished in when
compliance with all applicable laws and mpla,ions or which the goods are subjaL The Seller shall execute and
deliver such d«ation o may be raguired to effect or evidence compliance. All laws and regulations required to be
incorporated in agreement f,hi, character are hereby incorporated herein by this inference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser e a reault of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, vensfn, or convey this order, or my monies due or to became due heremder without the
prior wrinen cement of the other Entry.
10, TITLE.
The Seller warrants full, clear and unrestricmd title m the Purchaser for all equipment, materials, and items famished
in painumnance of this opmemen, free and clear of any and all liens, overeat ions, reservations, security worst
encumbrances and claims of others.
II.NONWAIVER.
Failure of the Purchmer to insist upon strict performance of the terns mal conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure m promptly notify the Sella in the event of a
breach, the acC,. of err payment for goods h .e or a 1.1 fthe design, shall not release the Sella of
any of the economics or obligations of this purchase order aM shall not be deemed a waiver of any right of the
purchaser to boost upon shin praformmnce hereof or any of its rights or params m a any such goods, regardless
of when shipped, received or accepted, as ,o any prior or subsequent default hereunder, nor shall say puryoned
oral modification or rescission of this purchase order by the purchaser operate as a waiver of any of the more
hereof.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the purchaser fivemen that in equal economic practice, remittances resulting from moment
violations are in East bome by the Precision. Theintoforefor good catsx and m coaideratics for executing this
purchase order, the Seller hereby assigns to thc Purchaser any and all claims it may now have or hereafter
acquired under federal or were antitrust laws for such nverchage relating to the particular goods or services
purchased or acquired by the Purchaser pursuant m this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser directs the Sella to correct nonconforming or defective goods by a date to be ageed upon by the
Purchaser and the Seller, and the Sella thereafter indicates its iwbiliry or unwillingness to comply, the Producer
may muse the work is be performed by the most expeditions means available to it, and the Seller shall pay all
Oozes associated with such work.
The Seller shall release the Purchaser and in contractors of any tier from all liability and claims of any nature
resulting farm the performance ofsuch work.
This release shall apply even in the event of fault of negligeme of the parry released and shall extend to the
directors, effects and employees ofsuch party.
The Sellers announced obligations, including warranty. shall Out be demand to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PAIINTS.
Whenever the Seller is acquired to use any design. device momdal or process covered by knee, polar, trademark
or mpynghl, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngement
by ¢awn of the use of such talented design, device, material or process in examination with the contract, and
shall indemnify rise Provincial for any cos, expense at damage which it may be obliged or pay by reawn of such
infringement at any time during the prosecution or after the completion of the work. In ass said equipment, Or
any pan thereof or the intended use of the good, is in such suit held to chambers, infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at in option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the wme with substantially again but
moninfringing equipment, or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Sella shall become, insolvent or bankmp, rake an alignment for the benefit of creditors, appoint a
or trustee for any of the Sellers reopen, or bmwess, this order ray fen ovitb be canceled by the
Purchases without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
concerned under aml governed by the laws ofthe Sore ofColomdo, USA.
The fallowing Additional Cnditions apply only w cases where the Seller is to perform work hertuMer,
wdmingthe senica ofSelleriReprascnudiv D). on the premises of others.
12. SELLERS RESPONSIBILITY.
The Seller shall carry, on said work at Sellers awn risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury in the work hnNor materials before Sellers final completion and
whiptmtee, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials
and equipment are finished by others for installation or erection by tie, Seller, the Sella shall remove, make d,
store and handle same at the site and become respomwle therefor m trough such materials mNor equipment
were being perished by the Scllerunder the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide f, 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 Ins new dcpcndenU in accordance with the laws of the sure in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but or limited to, contractual and automobile public
liability momentum with bodily injury and death limits of at least S30jd%@ for any one Anson, $500,00o for any
e accident cord property damage limit per accident of S40Q000. The Sella shall likewise require his
contractors, if any, to provide for such compeamion and inverrounce. Before any of the Sellers or his archaisms
employees shall do any work upon the premises oration, the Seller shall f mish the Purchaser with a cenificare
,bar such compensation and human, have been provided. Such catificmes shall specify the date when such
ompachatiun and insurance have been provided. Such cenificares shall specify the date when such compensation
and immune expires. The Sella agree that such compensation and insuance shall he insinuated until after the
entire work is completed and ecceprM
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby o toes the entire nponsibilily eM liability for my and all damage, loss or injury of my kind
or nature whae,cever to persons or property caused by or resulting farm the execution ardor work provided for in
this purchase order or in connection herewith. The Seller will indemnify and bold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims. Io ens, damages,
charges or expenses, whether direct or indi err, and whether to perwas or properly to which the Purchaser may
be put or subject by reason of my an, action, neglect, omission or default an the pan of the Seller, any of his
contractors, Or my of the Sellers or contractors oficeq agents or employees. In case any suit or other
proceedings shall be brought against the Parchmm, err its .Ness, agents or employee at uY time on account m
by reason of my on, action, neglee, omission or default of the Sella of any of his combustion or my of its or
their oficers, agents or employees ns aforesaid, the Seller hereby agrees to warms the defense thereof and to
defend the same at the Sellers awn expense, to pay any and of cos¢, charges, aauarri fees and other expenses,
any and ell judgme rs that may be incurred by or ebuined against the Purchaser in any of its or than officers,
agents or employees in such suits Or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchase, or said parries in or as a result of such suits or other proceedings,
the Sella will at once muse the same to be dissolved am diubirged by giving Food or whavise. The Seller and
his commcton shall take all safety, precautions, famish and meesull all guards uecessary for the prevmton 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 toles and regulations issued pursuant theme.
Revised 0712014