HomeMy WebLinkAbout106536 MILLIMAN INC - PURCHASE ORDER - 9142769PO
PURCHASE ORDER 914276er Page
CI�f of PURCHASE
97 42769 1 of z
' `tI olI Ins This number must appear
V ` on all invoices, packing
sli s and labels.
Date: 05/16/2014
Vendor: 106536
MILLIMAN INC
1400 WEWATTA ST SUITE 300
DENVER CO 80202
Ship To: ACCOUNTING DIVISION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 05115/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I ACCTUARIAL WORK
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.wrn
1 LOT LS
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. COMMERCIALDE[AILS.
Tax evemption, By subure the City of Fan Collins Is exempt tram same and local toxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cedifesee of Registry 84-60005 W is registered with the Collector of
Internal Revenue, Denver, Colorado DmC Colorado Revised Statutes 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 transit, may be resumed to you for credit and are not to be replaced except upon receipt of carmen
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Pod Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in —,me to this aide, can result in
numerical payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependentuponcomplaion ofall applicable".ird imam in procedures.
Freight Tema. Shipments must h CO.K. City of Fon Collins, 700 Wood St., Fan Collins, CO 80522, unless
otherwise specifind on this order. If pemnissimn is given to prepay [might and charge separately, the original freight
bill mast a¢ompeny invoice. Additional charges I., packing will no, be accepted.
Shipment Distance. Where manufacturers have distributing no, in .He. pans of the country, shipment, is
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made fmm great, distance.
Permits. Seller ,hall procure at sellers sole text all nee scary permits, ce rriers s and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is perforated, or required by any other duly, constituted public authority having jurisdiction over the work
of vendor. Seller rusher agrees to hold ,he City of Too Collins harmless from and against all liability and lass
aused by them by reason of an asserted or established violation of any such laws, regu[mnow, instruments, roles
d requirements.
Aumomation. All parties to this contract agree that the representatives are, in fact, bona fide and pmzess full and
complete amhodry to bind said parries.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the toms and condition sated
hemin set forth and any supplementary or additional arms and conditions annexed hereto or incorporated heren by
reference. Any additional or different erms and emulations proposed by seller are objected at and hereby rejected.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to nave on your
promised delivery dote as noted Time is of tire essence. Delivery and performance must be elTected within the time
,rated on he purchase order and the documents attached herein. No acts of the Purchasers including, without
limitation, resermvnce of partial lam del ivories, ,ball operant m a waiver of this provision. In the evens of any delay,
the Purchaser shall have, in addnion to other legal and equitable remedies, ,he option of placing his order elsewhere
and holding are Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which art beyond its masomble control and without its fall[, of negligence,
such acts of Gad, asrs of civil o, military umhoriaics, govermnenu] priorities, Lines, tankers, Rood, epidemics, wars or
rims Provided that .,mice of the werditimv causing such delay is given to the Purchaser within five (5) days of the
time when the Sella first reeived Intended, thereof In the event of any such delay, the date of delivery shall be
extended for the period equal m the time ctmlly Ins, by rearrn ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, anodes, maerials and work covered by this order will conform with applicable
drawings, specifications, samples amVor .,her desendiern given, will No Et for the put cal 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 fmm any loss, damage a, expense which the
Purchaser may suffer or incur on account of the Sellers breach of wmmtrty. The Seller shall replace, repair of make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the [arrow ofany, applicable warranty provided by ,he Seller atta the date of
acceptance ofthe goods Famished hereunder (acceptance not m be unreasonably delayed), resulting from imperfect
or defective work done or matrnals burnished by the Seller. Acceptance or now of goats by the Purchaser shall not
anstimte a waiver of my claim under this warranty. Except res otherwise provided in this purchase order, the Sellers
liabiliry hereunder shall extend to all damages proximately ensued by the breach of any of the foregoing.—h.
or guarantees, but such liability shall in no event include loss ofp .firs or loss of use. NO IMPLIED %VARRALY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by awnen change cater.
5. CHANGES IN COMMERCIAL TERMS.
'1 he Purchaser new make anY change an or. roans, ether than legal terms, including additions to nr dclenions from
,lot quantities ongiadly ordered in he spredlemiam ar drawings, by verbal or written change order, If any vastchange dfees the amount due or the rime of performance hereunder. an equitable adjuslnran, shall be made
6. TERMINATIONS.
The Purchaser may at any time by written charge order, famous, this some m..I as to any or all paninow of the
goods then not shipped subjest to any equitable adjustment htween the parties as to any work or material then in
progress pmvided that the Purchaser shall not h liable for any claims for anticipated profits on the uncompleted
portion of the goods similar we&, for incidental or consequential damages, and Sul no such adjustment he made in
favor of the Seller with wspe, to any good which ere me Sellers standard stock. No such termination shall relieve
me Purehaa, or the Sella of any oftheir abligalions as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjusamm, must be ssxrted within thirty (30) days (men the dine are change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishnd in strict
omdianto with all applicable laws and regulations m which the good are subject, The Seller shall execute and
deliver such documents as maybe required to embct m evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify rind hold the Purchaser hlomlus fmm all costs and damages suflRood by me Purchaser as a result of me
Sellers failure to comply With such law.
9. ASSIGNMENT.
Neither parry shall assign, .for , ver convey this order, or any monies due or to become due hereunder without me
plior written consent ofthe Data party.
10. TITLE.
The Seller warrants full, clear and meaniered title to me Purchaser for all equipment, materials, and items furnished
in parfromme, of this aCreemem, fast and clear of any and all liens, restrictions, reservations, smusly intent
encumbrances and claims of others.
11. NONWAIVF.R.
Failure of the Purchaser to insist upon strict pert am'e of me terms and conditions hereof, failure or delay as
any rights remedies proved idhcrain or by Law, failure to invariant, notify me Seller in the event of a
rt c bh Cor
acceptance ofor payment for goods hereunder or approval ofdo design, shall rim release the Seller of
any of are warmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the
Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
of wren shipped, received or accepted, as to any Her or subsequent default hereunder, nor shall any purported
oral nmdi Licari.., or rescission of his purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
13. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser became, Suit in actual err o is practice, overcharges resulting fmm antitrust
violations art in fact home by doe Purchaser. Theremfore .,for good cause and as consideration for executing this
puchau order, the Seller hereby assigns to the Purchaser, any con all claims it may now have or hereafte,
acquired under federal or state antitrust laws for such ovechages refternS to the paaftemar goods or services
purchased or acquired by the Purcbaer pursuant to this purchase water.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs me Seller to correct nonconforming or defective goods by a date to To agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Traver t
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of nature
resulting floor the performance of,.vh walk.
This release shall apply even in are event of fault of negligence of the parry released and shall extend in the
directors. officers and employees of such party.
The Stiles com actual obligations, including womenty, shall rat, be, demand an be reduced, in any way, because
such work is parfo,mnd or caused to he performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, parent, 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 claim, device, nuterial or process in connection with the container, and
shall indemnity the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any or during fee prosecation or after the completion ofthe work. In most said equipment, or
any part thereof or the intended use of the goods, is in such suit held to contribute infringemenl and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
PureMser the right to continue using said equipment or parts, replace the same with substantially equal but
noniaftinging egnipmenl, or modify it so it becomes mismanaging,
15. INSOLVENCY.
If the Sella shall become involve., or hankmpt, make an assig ., for the benefit of creditors, appoint a
Puecuor trustee for any of the Sellers property or business, this order may fortbwim be canceled by the
lam withrid liability.
to. GOVERNING LAW.
The definition arrant used or the interpm,ation ofthe agreement and the rights of all parties hereunder shall h
constmed under and governed by me laws ofthe State of Colomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including he services of Sellers Repre,avoic D), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellei s own disk until the same is fully completed and accepted, and shall,
in x of any accident, destruction or injury to the work snNor materials before Settees final complaion and
acceptance, complete she work at Seller's awn expense and to the satisfaction of me Purchaser. When materials
and equipment are famished by others for insulation or erection by me Seller, the Seller shall receive, unload,
store and handle alone at the site and become responsible therefor as though such materials coupon equipment
were hang famished by the Seller under me under.
18. INSURANCE
The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational
disease benefice, to its employees employed on or in connection with the work covered by this purchase order,
andror 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 rim limited to contractual and automobile public
liability inviomce with bodily injury and death limits of at least 5300,000 for any one person. $500,000 for any
one accident and p,.p,ny damage limit per accident of S411QOM. The Seller shall likewise squire his
contractors, if any, to provide for such compensation send insurance. Her., any of the Sellers o, his c.ntracmrs
employees shall do any work upon the premises of others, the Seller shall furnish the Purchase, with a certificate
that such compensation and insurance have been provided Such cerdlicates shall specify the Orate when such
compensation and insurance have ban provided. Such cenificmcs shall specify the date when such compeasation
e
and insurance expires. The Seller agrees not such compensation and insurance shall h maintained until after the
conaire 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, I. or injury ofany kind
or nature whosoever an persons or property canned by or avulsing from the execution ofine work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold nmmless me Purchaser, and any
r all of the Purchasers ollicers, agents and employees fmm and against any and all claims, losses, damages,
charges or mxpenus, whether direct or indirect, and whether to person or property to which the Purchaser may
he at or subjm, by reason of any act, action, neglect, omission ar default oa me pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In eau any suit or other
proceedings shall be brought against are Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, order,, neglect, omission or all of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid the Seller hereby agrees to reform, the defense thereof and to
defend the mine at the Sella own expense, to pay any and all costs, charges, attorneys Lis and other expenses,
my and all judgments that may be incurred by or obtained against me Purchaser or any of is at their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
mbaimd against me property, ofthe Puchasa, or said panics in or ins a result ofsuch suits or other proceedings,
me Seller will at once cause the same to be, dissolved a,W disclutgW by giving bond or odhefwise. The Seller and
his commetors shall take all mfery Limitations, Smith and immll all guands larromativer, for the praention of
accident¢, comply with all laws and regulations with regard to mfety indudin& but without limitation, me
Occupational Safety and Health Act of 1970 and all miles and regulation issued pursuanl theme.
Revised 03a010