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HomeMy WebLinkAbout374454 ARTHUR J GALLAGHER RISK MGT SERVICES INC - PURCHASE ORDER - 9122701City of /" "V rrt Collins PURCHASE ORDER Date: 05/08/2012 Vendor: 374454 Ship To ARTHUR J GALLAGHER RISK MGT SERVICES INC PO BOX 24809 DENVER Colorado 80224 PO Number Page 9122701 1of4 This number must appear on all invoices, packing slips and labels. RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado,80524-4 Delivery Date: 05/08/2012 . / Buyer: JAMES O'NEILL Note: Line Description Quantity/ Ordered UOM Unit Price Extended Price Insurance i 1 LOT LS 219,721.66 Policy #19946731 5/1/12-13 Lexington Insurance P Commercial Property j Includes $6539.01 for / Colorado Surplus Tax 2 Insurance ;' 1 LOT LS 56,822.00 Broker Fee I . 3 Insurance 1 LOT LS 98,400.00 Policy #EWC005901 5/1/12-13 i! Midwest Employers Casualty i Workers Compensation 1 4 Insurance 1 LOT LS 12,283.00 Policy #9259262 5/1/12-13 Zurich Insruance Co Boiler & Machinery 5 Insurance 1 LOT LS 1,755.90 Policy #0533050900761 AXA Art Insurance Corp 97x� Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9122701 z of a ' `t Collins I ns This number must appear " on all invoices, packing slips and labels. Line Description Quantity Ordered UOM Unit Price Extended Price Inland Marine % i 6 Insurance 1 LOT LS 8,131.00 Policy #105235351 5/1/12-13 f Travelers Insurance Co Executive - Fiduciary Liability i 7 Insurance 1 LOT EA J 25,750.00 Policy #LHT371636 05/01 /11-12 / Landmark Marican Ins Property - DIC 8 Insurance 1 LOT AEA 3,540.00 r Policy #34SR845377 5/01/12-13 Accident and Health Volunteer Policy 9 Insurance o 1 LOT1% EA 3,467.00 902 E Mulberry Flood z ,o Insurance 1 LOT EA 5,080.00 r Crime Policy 105780286 Policy #103115953 05-01/2009-2012 ! 3rd installment of 3 yr Policy ' „ Insurance 1 LOT EA 137,891.25 Auto Damage 03075093 5/1/12-13 r 12 Insurance 1 LOT EA 7,517.00 902 E Mulberry Flood City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 PO Number Page City Of///��� 9122701 3 of 4 `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 13 Insurance 902 E Mulberry Flood 9zt^--O� 2. o,nk:-tee IWI, 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 1 LOT EA Total Invoice Address: 788.00 $581,146.81 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 4 of 4 I. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exempt inn Number is 11. NONWAI V ER. 99-0,,1502. Federal Excise Tax Exemption Certificate of Registry 84-W00537 is registered with the Collector of Failure of the Porchascr to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenue. Dcnvcr. Colorado (Ref. Colorado Revised Statues 1973. Chapter 39-26. 114 (a). exercise any rights our remedies provided hemin or by low, failure to promm�y notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design. Fhall nut release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or (file In defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit. may be remmed to you for credit and arc not to be mpinecd except upon receipt of written purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such goods. regardless instructions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported on] modification or rescission of this purchase order by the Purchaser operate as a waiver ofany of the terms Inspection. GOODS are subject to the City ofFon 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 To" Collins However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmsl ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations arc in fact home by the Purchnscr. Theretofore, for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H., City of Ford Collins. 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relining to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or requiml by the Purchnscr pursuant In this purchase order, bill 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 Uthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the espected fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made From greater distance. may cause the work to be performed by the most expeditions means available to it and the Scllcr shall pay all costs associated with such work. Pemits. Seller shall procure at sellers ionic cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state. municipality, territory or political suldivision where the work is performed. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Pon Collins hermlcs from and against all liability and loss ineumd by them by reason of an resorted or established violation of any such laws, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. burn fide and possess hell and complete authomv to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Isms and conditions stated herein set fourth and any supplemonery or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different scents and conditions preposcel by seller as objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot mks complete shipment to arrive on your premised delivery date as noted. Time is ofthe essenen. Delivery and perfomanee must be effected within the time stated on the purchase order and the dmuments attached hcrcto. No acts of the Porch ,rani including, without limitation, acceptance ofronial late deliveries shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser shall have, in addifion to other legal and equitable remedies. the option of placing this nrdcr clwo here and holding the Seller liable for damages. However. the Scllcr shall not be liable for damages as a result of delays due to causes not munnnably foreseeable which arc beyond its ma onable control and without its fault of negl igcncc. such acts of God, acts of civil or military aothoritics. governmental priorities, fares, strikes. Bond, epidemics, wars or rings provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler 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 good, articles, materials and work covered he this order swill conform with applicable drawings, specifications, samples and/or other descriptions given, will be fur for the purposes intended, and perfumed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the puchaser hamlcss from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers batch of wamnt. The Seller shall replace, repair our make good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period! of time as may be prescribed by law or by the more; ofany applicable wamnry pmvidcd by the Seller after the date Of acceptance of the gad furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads by the Pnrchascr shall not constitute a waiver ofany 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 ofany of the foregoing wammics or guarantees. but such liability shall in no event include Ions of pro(ts 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than cgal terms, including additions to or deletions fore the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of nerfnmance hereunder, an equitable adjuslmeml shall be made. fi. TERMINATIONS. The Purchaser 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 equitable adjustment between the panics as many work our materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated poi 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 Seiler with respect to any goods which are the Scllcrs standard stock. NO such termination shall relieve the Purchaser Or the Seller ofany oftheirobligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or Irmination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts 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 nay be required to effect or evidence compliance. All laws and regulations required to he 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 Puchnscr as a revolt of the Sellers failure to comply .,with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party, 10. TITLE. The Seller wamnts fill, 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 ofmthcrs. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting form the performance ofsuch work. This release shall apply even in the event Of fault of negligence of the patty released and shall extend to the directors. Officers and employees ofsuch party. The Seller's contmcntal obligations, including wamnry, shall not be deemed to he reduced, in any way, because such work is perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seiler is required to us any design, device, material or process covered by letter. patent. trademark or copyright the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such Palamieri design, device, maerial or process in connection with the canton. and shall indemnify the Purchaser for any mwt expense or damage which it may be Obliged to pay by reason ofsuch infringement at any time during the prosecution or aficr the completion of the work. In ease said equipment or any part Ihcrenf or the intended use of the goods, is in such snit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but aoninfringing equipment, or malify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvcm or hankmpl, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers; property, or hnsincss, this under may fnnhwith be canceled be the Purchaser within liability. 16. GOVERNING LAW. The definitions ofterms used our the interpretation Of the agreement and the rights ofall panics hereunder shall be construct] under and governed by the laws of the Slate of Colomdo, USA. The following Additional Conditions apply Only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(.,), on the premises Of others. 17. SELLERS RESPONSIBILITY, The Scllcr shall cam on said work at Scllcr'., own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's Own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for instillation or ermina by the Seller. the Seller shall receive unload, ,,lure and handle some at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease beaclits, to its employees employed on or in connection with the work covered by this purchase order. and/our to their dependents 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, contractor] and automobile public liability insurance with holly injury and death limits of at least S301).0110 for nay one person. S500.000 for any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, ifnny, to provide for such compensation and insurance. Belore any of the Scllcrs or his contractors employees .droll do any work uryn the premises Ofobcos, the Seller shall furnish the Purchaser .with a ecnificma that such compensation and insumnee hove been provided. Such certificates shall specifv the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such conpcnsdtion and insurance shall be maintained until after the entire work is cnmplcled and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assanes the entire responsibility and liability for any and all damage. loss or injury ofany kind our nature whatsoever to persons or propeny caused by or resulting from the execution ofthe work provided for in this purchase Oricr or in connection herewith. The Scllcr hill indemnify and hold harmlessthe Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims losses, damages, Charges or expenses, whether direct or indirect, and whether to persons or pmpcny to which the Purchaser may be put or subject by reason ofany act action, neglect, wrinsinon or default on the pan of the Seller, any of his contractors. or any of the Sellers or contractors affects, agents or employees. In case any suit or other proceedings shall be hrought against the Purchaser, or its officers, agents our employees at any time on account or by reason ofany acl, action, neglect, ornission or ddault of the Seller ofany of his contractors our any of its or tbcir otLecre, agents our employees as aforesaid, the Seller hcrcbv agrees to assume the defense thereof and to defend the smac at the Scllcrs own expense, In pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be inamred by or obtained against the Purchaser or any of its or their officers. ,agents our employees in such suits or other Proceedings, and in ease judgment or other lien be placed upon or obtained against the property of Ibe Purchaser, or said parties in our ns a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and diuchnrged by giving bond or OthCnvisc. The SCIIC, and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accocnls, comply with all laws and regulations with regard to safety including, but wilhoot limitation, the Oecupmiond Safety and health Act of 1970 and all odes and regulations issued pursuunt thereto. Revised OM2010