HomeMy WebLinkAbout374454 ARTHUR J GALLAGHER RISK MGT SERVICES INC - PURCHASE ORDER - 9141564PO
PURCHASE ORDER 914156er Page
City of PURCHASE
9747 564 1 of P
C6rt Collins
This number must appear
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sli s and labels.
Date: 03/14/2014
Vendor: 374454 Ship To: POUDRE FIRE AUTHORITY - AD
ARTHUR J GALLAGHER RISK MGT SERVICES INC 102 REMINGTON
6399 S FIDDLER'S GREEN CIR #200 FORT COLLINS CO 80524
GREENWOOD VILLAGE CO 80111-4949
Delivery Date: 03/14/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 13-14 Final AC Audit
Invoice 799704 3/14/2014
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
1 LOT LS
16,513.11
Total $16,513.11
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By name the City of Pon Collins is exempt from stare and local taxes. Our Exemption Number is
914-04502. Federal Excise Tax Exemption Cer ificam of Registry 84-6000587 is registered with the Collector of
headed Revenue, Dmveo Colorado (Ref. Calomdo Revised Surfaces 1973. Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in uanxit, may be retuned to you for credit and are not W be replaced except upon receipt of written
annual... form the City of Fort Collins.
Inspection. GOODS are subject to the City of Fan Collins inspection on indent.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
enhanced powared on the pan of the City of Fiat Collins However, it is la h understood End FINAL
ACCEPTANCE is dependent upon mmpinion of all uEdicable required inspection procedures.
Freight Tams. Shipments must be, F.O.R., City of Fan Collins, TOO Wood St, Pon Collins, CO 90522, raises
otherwise specified on this order. If permission is given to prepay freight and charge sepammly, the anginal freight
bill most woumpany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing paints in a.. pans of the comtry, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice when
shipments are made from greeter distance.
Pemnn. Seller shall procure at sellers sole cost all necessary permits, eeetifcatm awed licenses required by all
applicable laws, regulations, ordinances and tales of the state, municipolity, remtom or political subdivision where,
the work is performed, or requital by any other duly constin cod public authority having jurisdiction over the work
of vend.. Seller father agrees to hold the City of Fan Collins he rid. From and ay iml all liability and loss
amurred by the by reason of an asserted or established violation of any such laws, regulations, ordinances, tales
and requiremens.
Authairmion. All penes to this comma agree fat the reprtacnmtivm are, in fact. laws fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits roc,. W fie arms and randltios stated
herein set fond and any supplementary, or additional terms and conditions amexed hereto a asaryormed herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENIimmediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery end performance most be effected within the time
stated on the purchase order and the documents amched hereto. No acts of the Purchasers including, without
limiufim, accepulrce ofparrial late deliveries, shill operate as a waiver of fir pervasion. In the event arm, decry,
the Pmchader shall have, in addition to other legal and niumble remedies, the option affiliating that order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to moos not reasonably foreseeable which me beyond its reasonable control and without in fault of negligence,
such was of Gad, con of civil or military authorities, govemmemnl priorities, fires, amid , food, epidemics, wars m
riots provided that notice of the conditions causing such delay is given W the Purchaser within five (5) days ofthe
time when the Seller fait received knowledge thereof In the event of any such delay, the date of delivery shall be
extended far the pcnod equal m the time utmlly lostby reason of fie delay.
3. WARRANTY.
The Seller wamnts whm all good, oracles, materials and work covered by this order will confirm with applicable
drawings, specifmtions, samples amVor other description given, will be fit for the purposes awarded, am
performed with the highest degree of care and competence in accordance with accepted sWdards for work of a
similar nature. The Seller agrees to hold the pumhaer harmless from any loss, damage or expense which the
Purchaser may super or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to tie particular, any der en or Earn arising within one (1) year or within such longer periad of
time as may he presented by law or by the terms of my applicable warranty provided by the Seller after fie dam of
exampaanre of tie grad fmakhed hereunder (acceptance red to W unreasonably delayed), resulting from imperfect
or defective work done or concern famished by fie Seller. Acceptance or use of goods by fie purchaser shall mi
constitute a waiver ofany claim under this smarmy, Except as offensive provided in this puchau order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the Rangoon, sawransies
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes W legal terms by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other Iran legal mma, including additions to or deletions form
the quamiliss originally ordered in the sped hmtions ar drawings, by verbal or written change order. If any such
change offers be amount due or the rime ofperfoneanee hereunder, an equitable adjustment shall be mode.
6. TERMINATIONS.
The PUlrtuser nay at any time by winan change order, terminate this agreement as to my or all portions of the
good then not shipped, subject to my evincible adjustment between fie pmhes as W my work or materials then in
progress provided tbar the Purchaser shall nod b< liable far any claims for anticipated pmfts on the uncompleted
Portion of the good anNor work, for incidental or consequential damages, and that m such w1juslment be made in
favor of the Seller with respect to any good which arc the Seller standard stock. No such termination shall relieve
the Purchaser or the Seller army of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast b, acsened within thirty (30) days from the date the change or termination is
ordered
g. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in slid
compliance with all applicable laws and militiaian to which the good we subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be
incorporated in agreements organs character am hereby incorTermed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all crisis and damages suffered by the Purchaser as a result of the
Sellers failure as comply with such law.
9. ASSIGNMENT.
Neither parry shall assign transfer, or convey this order, or any monies due or to become due hereunder without Ile
prior witted consent of the other pray.
10. TITLE.
The Seller warrants full, clear and comanmed title W the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, serrity interest
excumbranco mW claims of others.
I I. NONWAIVF.R.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, e me acceptance ofor payment for goods harearda or approval ofthe design, shall not release due Seller of
my of the was ins or obligations of this purchase order and shall not b, deemed a waiver of any right of the
purchaser do insist upon mict verfomane, hermfor my of its rights m remedies as as any such goods, regardless
of whm snipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my porponed
Orel modification or rescission of this purchase order by the Pumhaser operate as a waiver of any of the teen
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Pumha err recognize that in actual emaomle practice, derringer; resulting from antitrust
violations ate in fact name by the purchaer. Theretofore, for goad raise and as co anded ion for exemring this
pushnu order, die Seller hereby anigs to to Pumbaser any and all claims it may now have or hereafter
xquieed undo federal or rule mttnm laws far such ovncheal relating to the Particular good or smica
proclaimed or acquired by the Purchser pursuant to flas purchase order.
13. PURCI IASERS PERFORMANCE Or SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller therefer indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious anew available to it, and the Seller shall pay all
msrs associated with such work.
The Seller shall release the Purchaser and its of.. of any tier from all liability and claims of any, .,am
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, i ffcers and employees of such pony.
The Sellers contractual obligations, including warranty, suit not be damed W be reduced, in any way, becmtse
such work is performed or mused to be perlbrmW by the Purchuer.
14. PATENTS.
Whadva the Seller is neutral to use any design, device, material or process covered by letter, patent, trademark
r copyright, the Seller shall indemnify and save bmmless fie Purchaser from any and all claims for anfn'ngemem
byre n 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 m obliged to pay by reason of such
infringement at any time during the prosecution or after fie completion of the work. In rase said equipment, ar
my part dinner or the intended use of the goods, n in such suit held to wmtimm infringement and the use of
said crustacean of pm is enjoined, the Seller slap, at in own expense and at its option, either pmcmc for the
Purchaser fie eight to continue using said aladipe ew or pars, replace the same with subsdmfmly e9sl bur
noninGnging equipmen, ar modify it so it becomes nonanfdnging.
15. INSOLVENCY.
If die Seller slmll became insolvent or bankrupt, make of assignment for the benefit of creditors, appoint a
receiver or dmaee for any of the Sellers propeaty or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defin tlons offerings used or fie interpretation ofthe agreement and the rights ofaR patties formula shall be
construed under anit ... amid by the laws of the Stem of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is m penorm work remainder.
including the services of Sellers Represemetivark on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall any on said work at Sellds own risk until the same is fully completed and accepted, and shall,
in are of any incident, destruction or injury to the won: nrtNor materials before Sellers final completion and
veepmnce, complete the work at Sellers own expense and to the satisfactan of fie Pmchser. Wbeo materials
and equipment are famished by others for installation or nation by the Seller, the Sella shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials torpor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expeme, provide for the payment of workers compensation, including o cupmiowul
disease berefies, to is employees employed on or in connection with fie work covered by this redchase order,
tanker their dependents in avercal a with fie laws of the stem in which fie work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability irnumnce with bodily injury and death Irwin of ad lest $300.000 for any one person, 5500,000 for my
one accident and property damage limit per anidend of 5400,000. The Seller shall likewise overdo, his
antractas, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employes shall do any work upon the premises of others, the Seller shall famish the Purchaser with a ceniticate
that such compensation and ansunnce have been provided. Such cri ific rid, shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify fie dam when such compensation
and i camance expires. Ilse Seller agrees dud such campemation and imurma shall be maindicarat until after fie
attire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatmeser to persons or property, ca daed by or resulting from the execution or the work provided far in
this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and my
r all of the Pmclummas officers, agents and employees from and against any and all claims, losses, damages,
charges or exposes, whether direcd or Indiana, and w4mfer W perms m property W which the Purchaser may
be put or subject by reason of any act, action, neglet, omission or default an fie Pan of the Seller, my of his
ammtlon, or any of the Seller or dentmnors officers. agents m employees. In firs, any suit or other
proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or
by reason of any act, action, redder omission or default of the Seller of any of his contractors or any of is or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense hermf and to
defend the same at the Sellers own expense, to pay any and all costs, charges, atomeys fees and ofer expenses,
my and all judgments that may be incurred by or obtained against the Purchase or any of in or their ofittrs,
agency or employees in such suits or other proceedings, and in eau judgment or other lam be placed upon or
modind against the pmpmy ofthe Purchaser, or said parries in w as a result of such suits on other proceedings,
the Sella will at once cats, the same w be dissolved and discharged by giving band or otherwise. The Sella and
has commmors shall take all safety limitations, British and install all gsrd necesmry for the prevention of
strides, comply with all laws and regulations wish regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all ones and regulations issued random thereto.
Revised 03E010