Loading...
HomeMy WebLinkAbout114004 C D R ASSOCIATES - PURCHASE ORDER - 9147256Fort Collins Date: 12/09/2014 Vendor: 114004 C D R ASSOCIATES 3050 BROADWAY SUITE 300 BOULDER CO 80304-3154 PURCHASE ORDER PO Number Page 9147256 1 of 3 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 12/08/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I River Alignment Meeting 1 LOT LS Ryan M. Golten facilitation of the River Alignment Meeting Exhibit A Scope of Work for Ryan Golten of CDR Associates Facilitation of River Alignment Meeting Background: The City of Fort Collins Natural Areas and Utilities departments will be holding a facilitated meeting to improve internal alignment, communication and efficiencies between those segments of the two departments that are involved in water supply, storm water and ecological initiatives related to the Cache la Poudre River. Overlapping responsibilities, as well as plans, policies and principles that can sometimes be in conflict make this a discussion well suited to the utilization of outside facilitators who also have practical experience in Western water topics. Scope of Work: This project includes four main elements: 1. Preparation for the meeting: This will involve the facilitators working closely with City of Fort Collins staff members Jan Shanahan, John Stokes and Jill Oropeza to understand the context and impetus for holding this meeting, and to develop an approach, agenda and goals for the meeting. It is expected Mrs. Golten will bring suggestions and ideas forward from her mediation expertise as we develop an approach and agenda for the meeting. 2. Interview participants: Facilitators will spend one day conducting approximately 8 in -person interviews, and possibly a few phone interviews, which will be scheduled by City staff, to allow the facilitators a confidential opportunity to hear perspectives from participants prior to the meeting, and to help identify key issues in order to inform the meeting agenda and approach. 3. Facilitate one -day meeting: Mrs. Golten will co -facilitate the meeting with Lee Rozaklis. The goal will be to engage participation from all invitees and cover the following objectives: 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.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9147256 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity LION! Unit Price Extended Ordered Price a. Allow participants to acknowledge differing mandates and competing priorities within and between departments. In addition, participants will have an opportunity to identify staff capacity issues as well as new or shifting priorities, and/or other issues identified in interviews with staff, and the conflicts they may cause. b. Building and relying on the' acknowledgements' above, discuss ways to better integrate or harmonize the competing mandates of different departments with respect to managing the City' s water needs and the River. This will likely include developing principles for balancing the mandates of different departments. It should also include a discussion of how principle(s) can be' operationalized' . Examples may include: how to deal with conflict when it arises between departments; how to preempt unnecessary conflict, how to stay focused on balancing' of interdisciplinary issues in a way that is pragmatic, structural and systematic, rather than personalized. The final part of the meeting should also include a discussion of how ideas from the day can be applied to key related projects anticipated for the 201512016 budget cycle. 4. Document the meeting in a concise report with the use of meeting notes provided by the City. The report will include any necessary next steps for developing written agreements and/or plans based on the meeting discussion, particularly with respect to' operationalizing' any agreements in principle. Deliverables: 1. A meeting agenda provided to the City at least three days prior to the facilitated meeting, with topics and approach informed by the interviews and preparatory meetings. 2. Co -facilitation of the meeting, currently scheduled for December 12, 2014. 3. A report documenting the meeting and describing next steps. _ 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.mm Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DUA1LS. Tax exemptions. By statute the City of Fan Callum is exempt from ram and local taxes. Our Exemption Number is 984H502. Federal Eaciu Tax Exemption Cmificare of Registry 84-6000587 is registered with Nr Collator of Intenal Revenue, Denver, Colorado (Ref. Coloado Revised Stamta 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due in defects of damage in tanit may be returned an you for credit and are not to he replaced except upon receipt of wrincn instructions form the City ofFort Collins. Inspection. GOODS art subject o the City ofFort Collin inpcction on arrival. Final Acceptance. Receipt of the memhmdise, services or equipment in resporue to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required Inspection procedures. Fruighl Ten¢. Shipments most be F O.B., City of Fort Collins, 700 Wood St, poll Collins, CO 80522, unless otherwise specified on this order. If permission Is given to prepay freight and charge squoutely, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Dismnca. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deduced from Invoice when shipments ore made from greater distance. Permits. Seller shall Prmure at sellers sole cost sll ncesary permits, ccmificees and licenses required by all applicable to.. regulations, ordinances and roles of the slate, municipality, teritory, or political subdivision where the work is Performed, or required by say other duly contimmd public autboriy basing jurisdiction ova the work of vendor. Seller further attract to hold the City of Fort Collins harmless form and against all infinity and loss recurred by them by reason of an asserted or established violation of any such laws, regulation, ordinances, rules card requirements. Am umizsion. All parries to this contract agree that the representative, are, in fact, bma fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This purchase, Order expressly limits acceplmre la the mute and condition sated herein set tomb and any supplementary or additional tents and condition mncxW hereto or incorporated! herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if,em cannot make complete shipment a arrive on your mounted delivery date in noted. Time is of the essence. Delivery and performance must be elTcread within the time stated on the purchase order and the documents munched hereto. No ace of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate in 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 ofplacing this order elsewhere and holding the Seller liable for damages. Howeve, the Seller shall not be liable for damages as a much of delays due to causes not reasonably foreseeable which are beyond in censorable control and without it, fad, of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, fired, strikes, flood, epidemics, wars or nals provided that notice of the conditions causing such delay is given to the Pardoner within five (5) days of the time when the Seller first received knowledge therm[ In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples ankor other desorption given, will he fit for the purposes intended, and peRormcd with the highest degree of care and competence in accordance with accepted standards for work of a similar wrare. The Sella agrees f hold the pmchaur harmless from any Ins, damage or expense which dre Purehaur may suffer or incur on account of the Sellers breach of wananly. The Seller shall replace, manic or make good, without cost on the purchase, any defects or faults arising widim one (1) your or within such longer period of time as may he preuribed by law or by the Imo of any applicable warranty provided by the Seller alter the dale of acrmi of the goods f fished hereunder (a.eptanax, real or be communicably delayed), recalling form imperfect or defective weak done or materials famished by be Sella. Acceptance or tam of goads by the Purchase shall not contimte a waiver army claim under this warranty. Be,,, az otherwise pounded in Nis purchase order, flue Sellers liability hereunder shall extend to all damages proximately roused by be breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of prefix or Ins of nc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchase, may make change to legal temp by wdnen clang, order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the morn, other than legal limns, including additions to or deletions form the quantities midiedly ordered is the specifications or durimpy, by verbal or written change, andar If any such change nBecls the amoum due m the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may ar any time by written change ardor, terminate this agreement as m any or all portions of the goods then not shipped, subject to any equitable adjustment between the panic as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated Profs on the uncompleted portion of the goods stri work, for incidental or consequential damages, and Nat nu such adjustment be made is favor of the Sella with respect to any good which are me Sellers standard slack. No such terminlion shall relieve me Purchazer or the Seiler ofany of their obligadwo as many goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment muss b, asserted wimin thin, (30) days from the date the change or termimtion is ordered. 8. COMPLIANCE WITH LAW. The Seller ..an mat all good sold hereunder shall have been produced, sold, delivered and fumishrd or smet compliance with all applicable laws and regulation to which me good arc subject The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulation required to be me marinated in agreements of this chaacmr are hereby incorporated herein by this refinance. The Seller ograes or indemnify and hold the Purchaser harmless from all casts and damages suffered by me Purehnm as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the peso, server, ..'a, of the other pan'. 10. TITLE. The Seller w.aman , full, clear and umonicted title W the Purchoer for all equipment, materials, and items famished in pefemance of this agreement, free and clear of any and sll lien, restrictions, reservations, security interest encumbrartts and claims of others. 11. NONWAIVER. Failure of the Purchase to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided ha rin or by law, failure to promptly notify the Seller in me event of a breach,me acceptance ofor payment for good harmoder or approval of me design, shall not relmse the Seller of any of the warranties or obligatiwn of this purchase, order and shall not be deemed is waiver of any right of the purchaser M mu tea insist upon strict pse an hermfer y of in rights or remediesan as to y such goods, regmdlas of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported oral modification or retention of his purchase im a by be Purchase operate m is waiver of any of be terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchase recognise that in actual a n is practice, ercbac rgresulting m antitrust violation are in fact home by the Purchat Theramfors for tgood cause and as consideration for executing this pnchew order, the Seller hereby resign to the Purchaser any and all claims it may now have or hereafter acquired under federal or stem motmst laws for such overcharges relating to the particular goods or services Purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct iumconfornam, or defective goods by is dam to be agreed upon by the Purchaser and the Salle, and the Seller theredter indicates its inability or unwillingness to comply, the Purchaser may more be work to Is, performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall mines, Ne Purchaser and its contractors crony ties from all liability, and claims of any nature resulting firm the performance of such work. This odeme shall apply even in the event of Earth of negligenm of the party mleazed and shall extend to the directors, officers and employees ofsuch pony. The Sellefs rontrmnml obligatiom, including wartanty, shall ram be deemed to be reduced, f any way, became such work is prated or caused to be performed by the Product 14, PATENTS. When erer the Seller is inquired n ne any design, Jesice, material or process wavesed by lane, ravem, rndemmk r copyright, the Seller shall indemnify and save harmless the Purchase fora any and all claims for infringement by maxon of the use of such patented design, device, normal or process in connection with the warrant, and shall indemnify the Purtbazer for any cos, expense or damage which it may be obliged to pay by mason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constimle infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either private for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but rominGnging equipment, or modify it so it becomes nwninfringing. 15. INSOLVENCY. If the Seller shall boxonaw insolvent a or bankrupt, make ssignment for the benefit of creditors, appoint a recriver or trustee for any of the Sellers Property or business, this order may forthwith be canceled by the purchaser without liability. 16. GOVERNING LAW. The definition oftetms reed or the interpretation of thc agreement and the rights ofall ponies hereunder shall be coneued coder and governed by the laws argue State ofCol.&, USA. The following Additional Condition apply only in roses where the Seller is W perform weak hereunder. including be services of Sellers Reprunativapd, on the premises ofomers. 17. SELLERS RESPONSIBILITY. The Seller shall cart, on said wok at Sellels awn risk until the same is fully completed and acmptrd, and shall, in mse of any accident, destruction or injury to the work and/or materials before Stileds East completion and acceptance, complete the work at Scllcls own expense and in be satisfaction of the Purchase. When materials and equipment am furnished by writers for installation or erection by the Sella, the Seller shall receive, railroad, store and handle more at the site and become responsible therefor as dough such materials mNor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of cookers compensation, including occupational disease benefits, Io its employees employed on or in connection with the work covered by this purchase order, anNor to their dependents in record am with the laws of the slate in which the work is to be done. The Seller shall also carry, eo n,mlio tsive mutual liability including, but not limited to, co mutual and automobile public liability insurance will, bodily injury and death limit of at least $300,000 for any one person, $500.000 for any one student and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and inumnce. Before any of the Sellers or his conlnaloa, employes shall do any work upon the premises of others, the Seller shall It the Purchase, with is mnilioate that such compensation and insurance have been provided. Such cenifncam, shall specify the date when such omproatma and insurance have been provided. Such certificates shall specify the d re when such compensation and imumnce expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is complied and accepted. 19. PROTECTION AGAINST ACCIDEM S AND DAMAGES. The Seller hereby az ores the entire respomibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to person m propedy caused by or resulting from be execution ofthe work provided for in this purchase order or in connection herewiN. The Seller will indemnify and hold harmless be Purchazer and any r all of the Foreigners officers, agents and employees fmm and against my and all claims, loses, damages, charges in expenses, whether direct or indirec, and whether m person or property, to which the PurcMam may be put or subject by human of any act, action, neglect, omission or default on be part of me Sellar. any of his examismors, or any of the Sellers or contractors officers, agents or employers. In case any suit or other proceedings shall be brought Manor the Purch r rr, or in appears, agents or employers at any time on account or by reason of any act, action, neglect, omission or dcfmlt of the Sella of my of his contactors or my of its or then officers, agents or employees n aforeaxid, the Seller hereby agrees to assume the defense tbesmf and m defend me same at the Sellers own e.peme, to pay any and all mats, charges, attorneys fees and other expeaus, any mad all judgments that may the normal by err obtained against the Purchase, or any of its or their officers, agents or cmployas in such min or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or or a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and in6all all guard necessary for me prevention 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 roles and regulation issued pursuant thereto. Revised O712014