Loading...
HomeMy WebLinkAbout201762 CLARION & ASSOCIATES - PURCHASE ORDER - 9134539 (5)PO Page PURCHASE ORDER PURCHASE City of 913453er 9134539 t of 2 Collins lies This number must appear ` v ` on all invoices, packing ' `t sli s and labels. Date: 12/19/2014 Vendor: 201762 Ship To: CITY MANAGER CLARION & ASSOCIATES CITY OF FORT COLLINS 401 MASON COURT SUITE 101 300 LAPORTE AVE FORT COLLINS CO 80524 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 13 Addendum to PO 9134539 1 LOT EA 15,000.00 Climate Action Plan Update ADDED PER W.BRICHER EMAIL DATED 12/19/14 (OFFSETTING REDUCTION TO PO 9134540). -ECB 14 Addendum to PO 9134539 1 LOT EA 1,636.00 Climate Action Plan Update ADDED PER W.BRICHER EMAIL DATED 12/19/14 (OFFSETTING REDUCTION TO PO 9134540). -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@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 Tents and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute Me City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-NS02. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the move and conditions hereof, failure or delay to Inmmal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereander m approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defeck of any of Me warranties or obligations of this purchase order and shall not be deemed a waiver of any right of Me damage in tonsil, may be rammed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon stint performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City ofFoo Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or remission of this purchase order by the Purchaser operate as a waiver of any of the terms lmpeetion GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ca remit in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Port Collins. However, it is m be enders ood that FINAL Seller and the Purchaser recognize that in actual councersic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion oral[ applicable required inspection procedures. violations are in fact borne by Me Purchaser. Thereamme for pod cause and as consideration for executing this parenew order, the Seller hereby assigns to toe Purchaser any and all claims n may now have or Founder Freight Tema. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order, ifpemti.... n is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must aeeo rnanv invoice. Additional chances for uackinn will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment re expected from the nearest distinction paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pounds. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, Ordinances and rules of Ne state, municipality, ,eritory or political subdivision where the work is performed, or required by any other duly motioned public aofority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Port Collins harmless Cram and against all liability and loss incurred by them by reamn of an asserted or established violation of any such laws, regulations, endurances, rules and requirements. Authorization. All parties to this common agree that the representatives are, in fact, bona fide and possess full and complete mthonty to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sU forth and any supplementary or additional terms and conditions annexed hereto Or incorporated herein by vionere. Any addift... I or different moms and conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make c.mplem shipment to arrive oa your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated oa the purchase order and the documents attached hereto. No if of the Purehusers including, without limitation, acceptance of partial late delivents, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and gmarble remedies, the option of plating this order elsewhere and holding the Seiler liable for damages. Howevm, the Seller shall not be liable far damages ces u result of delays due to causes not reawmbly foreseeable which are beyond its reasonable central and without its fault of uegligence, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five C) days Of the time when the Seller favor received knowledge thereof, In the event of ary such delay, Me date of delivery shall be extended for the period equal t. the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples union other dromprons given, will be fit for fie purposes intended, and performed with the highest degree of gran and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer Or incur on narrow, OEM, Seller, breach of wananty. The Seller shall replace, repair or make grant, without cost to Oise 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 terms of any applicable warranty provided by the Seller after the data of acceptance of the goods Modified hereunder Doctrinee not to be, unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onatiwte 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 such liability shall in no event include loss of Roche; or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. no purchaser may make changes to legal terms by write. change order. 5. CHANGES IN COMMERCIAL TERMS. The P pure—r may make any changes to the terms, other than legal moue including audit.... to or deletions foam ,he quantities originally ordered in the specifications ar drawings, by vedmi or wrten change order If any such change aQeves the amount due or the time ofpeofrmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchazet may at any time by wrinen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties at to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the mcompleted portion Orion goads amEw work, for incidental or exmequential damages, and that no such adjustment ha made in favor of the Seller with respect to any gooda which are be Sellers standard stock. No such termination shall relieve the Purchaser or Seller Of any of ibex, mbligarions as Or any goods delivered hermader. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be respond within thirty (30) days from the dam Me change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execum and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this diameter are hereby incorporated herein by this reference. The Selleragrees to indemnify and hold the Purchaser harmbs from all casts and damages suffered by the Purchaser m a result of the Sellers failure to comply with each law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, Or my monies due or to became due hereunder without Me prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and anreameond title to Me Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all him, restrictions, reservations, wormy interest encumbrances and claims .fathers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillmenum. to comply, the Purchaser may cause the work to be pert raved by Me most expeditious means available to it, and the Seller shall pay all costs mfacom ed with such work. The Seller shall release the Purchaser and its contract— of any tier from all liability and claims of any nature resulting from the performance 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 Seller's compound obligations, including waranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Seller is rgriral to roe any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the purchaser for any Cost, expense Or damage which it may be obliged m pay by reason of soot 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 comtimm infngemwt and the we of said equipment or pan is enjoined, the Seller shall, at its own expense and of its option, either procure fir the Purchaser the right to continue using said equipment or pans, replace the same with substantially ryual but cominfnnging equipment, or modify it so it becomes upbringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver 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 definitions ofterms used or the interpretation ofthe agreement and the rights of all parries hereunder shall be construed under and governed by the laws ofthe Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller ¢ to perform work hereunder, including the services of Sellers Representative(s), on the premises of others 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until fie same is f Ily completed and accepted, and shall, in se of any accident, destruction or injury Or the work m llor materials before Seller's final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment are fa nowed by others for installation or erection by the Seller, Me Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials wd/or equipment were being Mansholt by the Seller under the order. I I. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with Me work covered by this purchase ender, coolant J. their dependem, in accordance with the laws of the ante in which Me work is to be done. The Seller shall also carry comprehemive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, 550U,000 for any one widen[ and propery damage limit per accident of S400,000. The Seller shall likewise rqumn his contmdors, if any, to provide for such compensation and insurance. Before any of Me Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish Me purchaset with a certificate that such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the data when such eampensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fie entire responsibility and liability for any and all damage, loss of 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 correction herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of Me Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or ushO et, and whether to persons or property to which the Purchase may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or coy of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought spend Me Purchaser, or its officer, agents or employees at my time on acwun, or by reason of any net, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defence thereof and to defend the same at the Sellers own expense, to pay my an] all costs, charges, aaomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pownedinga, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, Me Seller will at once cause Me same to be dissolved and discharged by giving bond Or otherwise. The Seller and his contractors shall Like all safety precautions, famish and install all guards necessary for the 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 ties and regulations ¢sued pursuing thereto. Revised 07R014