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HomeMy WebLinkAbout201762 CLARION & ASSOCIATES - PURCHASE ORDER - 9134539 (4)Fort Collins Date: 12/01/2014 Vendor: 201762 CLARION & ASSOCIATES 401 MASON COURT SUITE 101 FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9134539 left 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 - 1 ST 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 io Addendum to PO 9134539 1 LOT EA 4,706.25 Add TBL Framework 11 Addendum to PO 9134539 1 LOT EA-1,906.25 Reduce Climate Action 12 Addendum to PO 9134539 1 LOT EA-2,800.00 Reduce SSD Plan 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenons and Conditions Page 2 of 2 L COMMERCIALDEfA11S. Tax exemptions. By statute the City of Fort Collins is exempt from slate and local nixes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Colledar of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goads Related, GOODS REJECTED due to failure he meet specifications, either what shipped or due to defects of damage in wni4 may be returned to yen for credit and are not to be replaced except upon receipt of wrinen intructiow farm the City of Fort Collins. Inspection. GOODS are subject m the City of Too Collins inspection on out Final Acceptance. Receipt of the merchandise, se or egrquarm in raipmw to this order can result to mthadzed payment on the pan of Be City of Fiat Collins. However, it is to be understood that FENAL ACCEPTANCE is dependent upon completion of all applicable natural inspection procedure. Freight Terms. Shipments most her RO N., City of Fan Collin, 700 Wood St., Fart Collins. CO 80522, unless otherxdse specified on this order If permission is given to prepay freight and charge separately, the original freight bill mot accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufmturers have distributing points in vadon parts of the country, shipment is expected farm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made farm greater distance. Permits. Seller shall procure at sellers sole cost all necessary part cenifirous most licenses required by all applicable laws, regulation, ordinance and mles of the sate, municipality, territory or political subdivision where the work is performed, or ralulrad by any other duly contimted public mthodry having jurisdiction ova the work of veacm. Seller fuller agrees m held the City of Fan Collin harmless from all agamal all liability all lass iemmed by them by reason of an assured or established violation of my such laws, regulation, ordinances, roles and ra irememts. Authorization. All parties to this contract agree that the representatives arc, in far,, born fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Mate: and conditions stated herein set font and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or diQerent terms end condition proposed by seller art objected In and hereby rejcered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if,u comet make complee shipment to mmo, on your promised delivery date is noted. Time is of the amerce. Delivery all performance rant be effected within the time amid an the purchase order and the decuments attached heraw No acts of the Purchasers including, without limit ifiou, acceptance martial late deliveries, shall operate as a waiver of this provision In the event marry delay, the Purchaser shall have, in addition to other legal and equitable rearedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such aces ofGod, sets Ofcivil or military anthodtiw, govemmenal priorities, Gres, strums, nand, epidemic, was or riots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller frn received knowledge therwf In the event of my such delay, the date Of delivery shall be extended for the period arms] in the was, wholly lost by reason ofthe delay. 3. WARRANTY. The Sella amounts that all Goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples sugar other descriptions given, will be fit for the pumoses intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mare. The Seller agrees no Mid the pu¢heur harmless from any loss, damage or expense which the Purchaser may sulTcr or incur m arcowt of the Sellers breach of saa arty. The Seller shall replace, tabour make good, without met to the purchaser, any defects or handles arising worm one (1) year or within such longer period of time as may be prascribed by law or by the teems ofany a,liable wmnmty provided by the Seller caper the dam of acceptance of the goods famished hereunder (nevermore not to be unreasonably delayed), awaiting farm imperfect or defective work done or materials furmishM by the Seller. Acceptance or use of goods by the Purchaser shall not constitute 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 caned by the breach of any of the foregoing warranties or guarantees, but such liability shall in no went include loss of profits or low of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchwar way make changes ro legal tenons by wrnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mats, other than legal terns, including addition to or deletion from the quantities originally ordered in the specifanom or drawing; by verbal or written change area If any such change a1lEcts the amount due or the time of,wh rmaance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change under, terminate this agreement as to any car all proton of the goads then not shipped. subject to my equitable adivanrmt basomp the ponies as to my work or ma embi then in progress provided Wt the Purchaser shall not be liable fat any claims for anticipated profits on the umom1lerJ1 panion of the goods m ah., work, for malarial or co nsaq sermal damage, and Wt no such adjntmatt be made m favor of the Seller with respect o any good which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of their obligation as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the &te the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warams than all goods sold hemeMer shall have been practical, sold delivered all banished in strict compliance with all applicable laws and mgulatloes as which the goods one subject. The Sella shall amen a and deliver such documents as maybe "what to effect in evidence compliance. All laws and regulation required to he ncorpomted in agreements of this character we hereby ineotpomted hrein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or m become due hereunder without the prim wnnen coarsen order other parry. 10. TITLE. The Sella warrants full, clear and unrestricted tide to the pumhaaer for all equipment, mammals, and items frmishm in performance of this agreement, free and clear of any and all liens, restriction, reservation, security intern encumbrances and claims ofothaw. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure m delay to exacise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a branch the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the conmriw or Obligations of this purchase order end shall not be deemed a waiver of any eight of the purehmer ro insist upon strict peformame hereof nor any of its rights or reaaedies n m my such goad, romm) ss Of when shipped, received or accepted, as to any now a salvational default hereunder, our shall my putpe oed am[ modification or reuission of this purchase order by the Puchaser operate as a waiver of my Of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rmagnitic But in actual ecanamic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaer any and all claims it may now have or hereafter natural uMe, federal or state antitrust laws for each overcharges relating to tad particular goods or services purchased or acquired by the Purchaser pursumt an this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser direms the Seller to carton nownwharrang or defective goads by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or thewillingness to comply, the Pumhaur may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier farm all liability and claims of any mere resulting farm the perfoonmce ofsuch work. This redraw shall apply even in the event of fault of negligence of the party admicd all shall extent to the detectors, ollicas all employees orsuch party. The Sellers ci mmerrm obligation, including wamny. shall not b, reacted m be reduced. in my way. har ase such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to we any design, device, material ar pwaw covered by letter, plan, trademark r ropyright, the Seller shall indemnify all save harmless the Purchaser Gom any and all claims for infogemem by reason of the sae of such patented design, device, material m process iv cam ection with the correct. srm shall indemnify the franchiser for my cart expense or damage which a may be Obliged to Jury by rromn of smh infringement at any time during the poeseation or after the completion of the work. In rose said equipment. or any pan thereof or the intended use of the good, is in such suit held ra constitute inGngemem 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 n hl to continue using said tyuquical or pans, replace the same with substantially equal but rimmufringing equipment, ar modify it so it becomes nonlnfirm,ing. 15. INSOLVENCY. If the Seller shall became insolvent or bmalumpl, sake an assignment for Be, bmmL of creditors, appoint a narava in make for any of the Sellers Property or business, this order easy foMwith be canceled by sad Purohaser, without liability. 16. GOVERNING LAW. The definitions oftenew real Or the interpretation of the agreement and the rights of all parries hereunder shall be unwed under and governed by the laws ofthe Stain of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprnenmtive(s), on the premises ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Settees own risk until the same is Polly completed oal incepted, all shall, in case of any mcidear, desmnation or injury to toe work mdror materials before Settee final completion and acceptance, complete the work at Sellers own expense mad to the satisfaction ofthe Purchaser. When materials and equipment are f fished by others far annalistic. or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor n though such materials and/or equipment were being famished by the Seller under the order. . 18. INSURANCE. The Sella shall, at his owv expense, provide for the payment of workers compensation, including occupational disease benefits, o its employees employe oa or in connection with the wis k coverts by this Purchase ordl said/or to their dependents in arcoNance with the laws of the state in which the work is to be done. The Seller shall also entry comprehensive geaeml liability including, but not limited to, amounted all automobile public liabiliry insurance with bodily injury and death limits of at least $3 W,000 for any one person, 5500,000 for any one accident and property damage limit per mvirtual of $400.000. The Seller shall likewise acquire his contractors, if any, to provide for such compensation an and insurance. Before y of the Sellers ur his contractors employees shall do any work upon the premise of others, the Seller shall famish the Purchaser with a cenifiate that such compensation and inurma have been provided. Such cemfirm- shall specify Be date when such rompewrion all newcomer, have been provided. Such certificates shall specify the date when such antiquarianism all inumna expires. The Sella agree that such compensation all insurance shall be maintained undl after the entire work is completed all accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby a¢umw the it,, responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Prombner and any or all of the Purchasers offcar, agents and employees tram and option my and all claims, losses, damages, charges or expenses, whether direct or indirect, all whether to persons or property to which the Pnrchser may be put m subject by morn of any act, actin., neglecr, omission on default an the part of the Seller, any of his contractors, m any of the Sellers or mnuactors Officers, agents or employers In case my suit or Order proceedings shall be brought against the Purchaser, or its eRcers, age.¢ or employces at my time an=mom or by mown of my a4 action, holdout, omission or default of the Seller Of my of his contmmms or any of its Or their officers, agents or employees n aforesaid the Seller hereby agrees m asstune the defense Hereof and to defend the sane at the Sellers awn expense, o pay my and all casts, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obainal against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placard upon or obtained against the property, of the Purchaser, or said pries in or as a result of such suits or other proceedings, the Seller will at ma ease the same en be dissolved and discharged by givi, boll or orke.. The Seller and his contractors shall Joke all safety precaution, Finnish ell immll all guard moesvry, for the pmation of accidents, comply with OR laws and regulation with regard to Amery including, but wilh nal bo ieddo . the Occupational SafetyandHwlth Act of1970cad all rolessac reguladonissual Nmu tthereto. Revised OM014