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HomeMy WebLinkAbout374454 ARTHUR J GALLAGHER RISK MGT SERVICES - PURCHASE ORDER - 9112649City of Fo�rt Collins PURCHASE ORDER PO Number Page 9112649 1of3 This number must appear on all invoices, packing slips and labels. Date: 05/10/2011 Vendor: 374454 Ship To: RISK MANAGEMENT DIVISION ARTHUR J GALLAGHER RISK MGT SERVICES INC CITY. OF FORT COLLINS PO BOX 24809 215 N MASON, 2ND FLOOR DENVER Colorado 80224 FORT COLLINS,Colorado 80524-4 Delivery Date: 05/10/2011 Buyer: JAMES O'NEILL Note: / Line Description Quantity UOM Unit Price Extended Org6red Price Insurance LOT LS 224,506.01 Policy #19946731 5/1/11-12 Lexington Insurance Commercial Property Includes $6539.01 for Colorado Surplus Tax 2 Insurance / 1 LOT LS 53,560.00 Broker Fee 3 Insurance 1 LOT LS Policy #EWC005901 5/1/11-12 Midwest Employers Casualty Workers Compensation 4 Insurance / 1 LOT LS Policy #9259262 5/1/11-12 Zurich Insruance Co / Boiler & Machinery s Insurance 1 LOT LS Policy #0533050900761 (/ AXA Art Insurance Corp City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 87,493.00 11,860.00 1.951.00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of9112649 z of s Fort Collinshis number must appear 1�7 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Inland Marine 6 Insurance 1 LOT LS 6,495.00 Policy #105235351 5/1/111-12 Travelers Insurance Co Executive - Fiduciary Liability Total $385,865.01 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt (rearstart and local mums. Our Exemption Number is I L NON WAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry R4-60110597 is registered with the Collector of Failure of the Purchaser to insist neon strict performance of the terms and conditions hereof, failure or delay to Intcroal Revenue. Denver. Colorado (Ref. Colorado Revised Sumi cs 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 Af A breach. the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications. either when shipped or due to defects of any of the warramics or obligations of Ihis purchase order and shall not be deemed a waiver of anv right of the damage in transit may be rcmmed to you fm credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as loaany Stich goods, regnrtlless instructions farm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oil modification ar remission of this Purchase order by the Purchaser opcmtc As a waiver of any of the terms Inspection. GOODS arc 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 can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for good cause and AS consideration for executing this purchase order, the Seller berchy assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO R0522, unless acquired under federal or state Antitrust laws for such overcharges relating in the particular fonds or services otherwise Specified on this order. If permission is given to prepay freight and charge sep rarmly, the original freight purchased Ar acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE, OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pans of the Country, shipment is If the Purchascr direct, the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thcminer indicates its inability nr unwillingness to comply, the Purchascr shipments are made farm greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay ill costs assmimcd with such work. Permits. Seller shall procure at Sellers Sale cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted Public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins 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, rules and requirements. Authorization. All patties to this contract agree that the reprtsentativcs are, in fact. bona Tide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed heeto at 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 you cannot make complete shipment to move on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents anached hereto, No ael, of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchascr shall have, in addition to other legal and equitable remedies, the option o'placing this order elsewhere and holding the Seller liable for damages, Hossover, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foresccablc which are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts nfcivil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date 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, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defect, 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 date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from impertect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall not consfihne a waiver of any claim under this wartanty. 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 profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhascr may make any changes to the terms, other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or written change oiler. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any camabic adjustment bnwnn the panics as to any weak or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No tech termination shall mlicvc the Purchaser or the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or reformation is ordered. Jr. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc Subject. The Seller shall execute 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 character arc hereby incorporated herein 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 party shall assign. onnsfer, or convey this order, or any monies due or to becone due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting farm the performance orsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend m the directors, officers and employees of such parry. The Seller's contractual obligations, including warmnry, shall not be doemcd to be reduced, in any way, because such work is performed or caused to be performed by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patci 1. 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 contact. and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement al any lire during the prosecution or after the completion of the work. In ease said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part r% enjoined, the Seller shall, At its own expense and it its option, either procure fur the Purchascr the right to continue using Said equipment or parts, replace the same with substanlinlly equal but noninfringing equipment, or modify itso it becomes noninfringing. 15. INSOLVENCY, If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditam, appoint a receiver or trustee for any of the Sc11ms property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions of temps used a, the intcTremlion of the agreement and the right ofa II parties hcrcunder shall be constroed under and governed by the Imes of the State of Colander. USA. The following Additional Conditions Apply only in cases where the Seller is to perform work hereunder. including the services of Scllcr, Repo semativels), on the Treatises o'others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, And Shill. in case of any accident, destruction or injury to the work and/or materials before Sd1erS final compicunn and acceptance, complete the work at Seller's own expense and to the satisfaction ofthc Pumhascr. When materials and equipment arc furnished by othcn for instillation or erection by the Seller, the Seller shall receive. unload store and handle same at the site and become responsible therefor as though such materials and/nr equipment were being furnished by the Seller under the order. 18. INSURANCE, The Seller Shall, at his man expense, provide for the payment of workers compensation, including occupational disease benefit.,, to its employees employed or or in connection with the work covered by INS purchase order, and/or to their dependent, in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and iummohile public liability insurance with bodily injury nail death limits ofar least S300,000 for any one person. S500.000 fur Any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, irony. to mvide for such compensation And insurance. Before any of the Sellers or his contractors employees Shall do any work neon the premises efothers, the Seller shall furnish the Pumhascr with a certificate that such compensation and insurnam have been provided. Such certificates shall Specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that Such compensation and insunam shall be maintained Limit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respenSibility and liability for any and all damage, lot or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work Pmridcd for in this purchase order or in connection hacw ith. The Seller will indemnify and hold harodes, the Purchunc, and any or all of the Purchasers oRecm. agents and employee% from and against any and all claims, losses, damages charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchascr 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 any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall he brought against the purchaser, or its officers, agents or employees at any Jimc on nccoum or by reason of any acl, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oReers, agents or employees as aforesaid, the Seller hereby agrees in assume the defense lhercef and to defend the same At the Seller, own expense, to pay any and All costs chargesi0omcys feces and mhcr expenses, any and ill judgments that may he incurred by it obtained against the Purchascr or Any of its or their 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 Purchascr, or said panics in or as a rcaill of such suits or mhcr pmeccdiag,, 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 install all guard., nec....ry for the pnevention 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 mleS and regulations issued pursuant thereto. Revised 03/2010