HomeMy WebLinkAbout374454 ARTHUR J GALLAGHER RISK MGT SERVICES INC - PURCHASE ORDER - 9142207Fort Collins
PURCHASE ORDER
PO Number Page
9142207 1of2
This number must appear
on all invoices, packing
sli s and labels.
Date: 04/18/2014
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 801114949
Delivery Date: 04/18/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
14-15 Ist Qtr Ded Billing
Invoice 882612 dated 4/4/14
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.00m
1 LOT LS
12,384.91
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
I. COMMERCIAL DETAILS.
Tax exemptions. By stamen the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is
11. NONWAIVER.
9840,1502. Federal Excise Tax Exemption Cmificam of Registry 84-6000587 is moan rid with the Collator of
Failure of the Purchaser to imist upon strict pentionwtt of the mrns and conditions harm( failure or delay a
Internal Revenue, Denver, Colorado Def. Colorado Revised Summer 1973, Copier 39-26, 114 (a),
exercise my rights in remedies prevded herew or by law, failure an promptly army the Seller in be event of a
breach, the acceptance afar payment for goods hereunder or 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 defects of
my of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the
damage in town, may a resumed to you for credit and am not to fair replaced except upon receipt of written
Purchaser to insist upon sme, Performance hereof or my of its rights or remedies as to any such goods, mgvdless
transactions from the City of Fort Collins,
of what shipped, received at accepted, as a any prior or subsequent default hereunder, Our shall my puryonal
.1 modifmtian or rescission of this purchase order by the Puchaser .,corm as a waver of any of the mraw
Inspection. GOODS are subject to be City of Fort Collins inspection on ern Id,
hereof.
Final Acceptance. Recall of the merchandise, services or equipment in res ams, to this order can r esult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aathonaed payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges reaching from national
ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures.
violations art in fact Were by the Puchaser. Theretofore, for good cause and as comaderation far executing this
purchase order. the Seller hereby assign a the Purchaser any Out all claims it may now have or oreafer
Freight Terms. Shipments mast be F.O.R., City of Fort Collins, 700 Wood SL. Fon Collins, CO 80522, unless
acquired under Federal or since antitrust laws for such overcharges mlating to the prommiar goods or services
otherwise specified an this ceder. Upermission is given to prepay freight end charge separately, the original freight
purchased ar acquired by the Puahascr pursuant m this pumhau order.
bill must accompany invoice. Additional charges for packing will not be acceped.
13. PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.defective
Shipment have distributing points invariouspans of the
smnution wn
nonconforming or debilitygoak byadem toheagreed upon bythe
If be Pmchnurdirtller
ais be duclod Dean besides,
dam the lion point to desrimtioa and excess freight will a deduned from Im'oice when
We
aSeller Sella Cher
and Seller, eM the Sellers es its inability or unwillingness to comply, the Purchaser
shipment
from realer
shipments art made from greater distance.
may cause the work to a pert ed by the most expeditious means available to it, and the Seller shall pay all
my cause w be most expeditions
coals associated with such work.
Permhs. Seller shall procure at sellers sole cost all necessary permits, crnifoates and licenses required by all
applicable laws, regulations, ordinances and tales fthe slate, municipality mnimry or political subdivision where
the work is perforated, or required by any other duly constituted public outhonry having jurisdiction over the work
of smiler. Seller (under agrees t. had the City of Fort Collin harmless from and against all liability and loss
incurred by tam by reaon of an asserted or established violation of my such laws, regulations, ordinances, ales
and requirements.
Amhorizalien. All ponies 1. this remram agree that the representatives arc, in fact, bona fide and possess full and
complete authority a bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the from and covdilims stated
herein set forth and my supplemmum, or additional terms and conditions annexed herea or incorporated herein by
reference. Any additional or different temp and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you camot make complete shipment to active on your
promised delivery dam as oared. Time a of de, asems. Delivery coil pert lace muss be eRcmed within the time
stated on the purchase order and the documents attached hcrea. No acts of the Punhasers including, without
limitation, acceptance of,swd late deliveries, shall o scrare as a x'aver of this p.Asian. In the event ofany delay,
the Purchase, shall have, in addition to Other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable far damages. However, the Scher shall not be liable for damages as a result of delays
due to causes act reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such ¢s of God, arts ofeml or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or
hots provided that notice office condition causing such delay is given to the Purchaser will five (5) days of the
time when the Seller first received knowledge therm(. In the event ofany such delay, the dam of delivery shall a
extended Car the and .at to the time actually lost by rrwan of the delay.
3. WARRANTY.
The Seller warmers but all goods, articles, mmenabi and work covered by this order will conform with applicable
drawings, spearmint.., samples monsor be, descriptions From, will her fir for the purymes ineended, and
performed with to highest degree of arc and competence in accordance with accepted standards far 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 wmanty. the Seller shall replace, rape it or make
good, without cost a the purchaser, any defece, or finds arising within one (1) year or within such longer pencil of
doe ss may be, prescribed by law or by the an. of my applicable warranty provided by the Seller after to date of
acceptance of the goods f fished hereunder foreclosure not to a unconscionably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by Om Purchaser shall not
institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder sic II extend to all damages proximately caused by the breach of any of the foregoing warranties
or gamenmes, but such liability shall in no event include loss of profits or loss of tau. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal term by.1im change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make... climate, o, the temp, other than legal temp, including additions as or de rnocas from
the quantities originally ordered in the spec ftemorn or drawdgs, by vermal or wrimm change orderif my such
change offem the amount due or the cline of pcdbrmmce hereunder, an equitable adjustment shall In, made.
& TERMINATIONS.
The Purchaser may at any time by written change order, mansinste this agreement as to any or all punions of the
good then not shiplad. subject a any equitable adjuatmrnt berwem to panics as a any work or materials then in
progress provided Nat den Purchaser shell no, be liable for it, claims far anticipated p.ru oa the maenad aered
Jordon of the grads andror work, for incidental or coreatienial damages, and near an such sdjtmrment be made in
four of the Seller with respect to any goods which are the Sellers standard stock. No such termiratlan shall relieve
the Purchaser or the Seller of any of their obligations as as any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be acted within thlny (30) days from the date the change or termination is
cumbered.
8. COMPLIANCE WITH LAW.
The Seller wamns that all goad sold hereunder shad! have born postured, sold, delivered and famished in incur
compliance with all applicable laws and regulations as which the goads arc subject. The Seller shall execbm and
deliver such documents u may a required an effect or evidence compliance. All taus Out regulation, required to be
incorporated in ii,mar ns of Nis character are hereby incorporated herein by Nis reference. The Seller agrees to
indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a .11 of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Nerther party shall assign, counter, or convey this coder, or my monies due or a become due hereunder without the
PH., wrinm Co. ofthe other pray.
10. TITLE.
The Seller worms full, clear and unrestricted title to the Purchaser for al I equipment, materials, and items ftimished
or performance of this agreement, free and clear of my and all liars, restriction, r6ma[iorts, security interest
rncumbcmcrs and claims of other,
The Seller shall release the Purchaser and its contractors of my her from all liability and claims of any nature
resulting from the performance of Bach work.
This ml. shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, omen and employees of such party.
The Seller's contractual obligations, including wurcanty shall not be damed to be reduced, in any way, become
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenmer, the Seller is required m use my daf sea, device, maeand ar process covered by lane,, par., trademark
or copyright, the Sella 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 1. pay by reason ofsuch
infringement at any time during the prosecution in after the completion of the work. In rase said equipment, or
any pan thereof in to Intended use of to goods, is In such suit ald to coretlare Infringement and the none of
said equipment or pan is enjoined, the Seller shall, at its oxen 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
noninfringing equipment, or modify it so it becomes nuninfiinging.
15. INSOLVENCY.
If the Seller shell become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
receiver or trounce for any of the Sellers property or business, this order may forthwith a canceled by the
Purchase without liability.
16. GOVERNMG LAW.
The definitions of corms iced or the interpretation ofthc agrmcent and the rights of all parties hereunder shell he
mresuucd coder and governed by the laws of the State of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is a perform work hereunder,
including the services of Sellers Reproentalive(s), on the pmmises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall many on said work at Sellers awn risk until the same is fully compleed and accepted, and shall,
in se of my amiden, destruction or injury to the work anNor materials before Sellers Gal completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. WTm materials
and equipment are furnished by others for installation or erection by the Sell,,, the Seller shall receive, colonel,
same and handle same at the site end become responsible thereto, no though such materials ands., equipment
was bring famished by the Seller under the order.
I8.]ISURANCE.
The Seller shall, at his own eaperae, provide for he payment of workers compensation, including occuparional
disease benefits, a its employees employed on ar in connection with the work covered by this purchase order,
mrpur to their dep rdents 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 net limited to, examecmd and automobile public
liability innrarce with bodily injury and death limits of as least Smad.o00 for my nee person, 5500,000 for any
one accident and pm omy damage limit pro accident of S400,000. The Serer shall ftkewise squire his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his con[ramors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cirri from
that such compensation and insurance have been provided. Such certificates hall specify the date when such
ompenmt ens and inuronce have been provided. Such certificates shall specify the date when such compensation
and increase cxpina. The Seller agrees that such compawtion and marrome shall be mainmNed writ after the
attire woh is completed vd accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire tespensdality and liability for any and all damage, loss or injury ofany kind
or wore whatsoever to persons or property caused by or resulting from be execution of the work provided for in
this pucbasse order or in c... caion halt iN. The Seller will indemnify and hold butmless the Ponlaw, and my
cr all of the Purchazers officers, agents and employees from al against my and all claims, loses, damages,
harges at expenses, whether i irem or indirect, and whether to person or property to which the Purchaser may
a put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or .,her
Proceedings shall to brought against the Purchase, or its officers, agents or employees at any time on account or
by man of my an, nit.% neglect, omission or default of be Seller of my of his conuanon or my of its or
their officers, agars or employees as aforesaid, the Sella hereby agrees to assume the defense fl neof and a
defend the same at the Sellers out expense, to Pay my and all cons, charge, micaneys fees and other expenses,
any and all judgmens 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 proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, ar said panics in or as a result of such suis or other proceedings,
be Seller will an are muse the same ro the dissolved and discharged by giving broad or otherwise. To, Seller and
his contractors shall take all safety precaution, famish and inamll all guard n rawary for be prevention of
accidents, comply with all laws and regulations with regard a sulay including, but without limitation, the
Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuantnheram.
Revised 032010