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HomeMy WebLinkAbout374454 ARTHUR J GALLAGHER RISK MGT SERVICES INC - PURCHASE ORDER - 9140223 (3)PO PURCHASE ORDER 914022er Page C117/ of PURCHASE 9140223 1012 Flirt( Olt'MC This number must appear :•\V`I ` V 1 1�7 on all invoices, packing �slips and labels. Date: 06/11/2014 Vendor: 374454 Ship To: RISK MANAGEMENT DIVISION ARTHUR J GALLAGHER RISK MGT SERVICES INC CITY OF FORT COLLINS 6399 S FIDDLER'S GREEN CIR #200 215 N MASON, 2ND FLOOR GREENWOOD VILLAGE CO 80111-4949 FORT COLLINS CO 80524-4408 Delivery Date: 01/08/2014 Buyer: PAUL, GERRY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINUMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. THIS PO IS SUBJECT TO THE TERMS AND CONDITIONS OF THE MASTER AGREEMENT BETWEEN THE PARTIES. Line Description Quantity UOM Unit Price Extended Ordered Price a Workers Compensation 1 LOT EA 114,401.00 W/C Insurance 4 Max BRT RR Liability 1 LOT EA 102,209.00 Tranfered funds from Transfort 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.mm Total $216,610.00 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 statute Me City of Tom Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificam or Registry 84-6000587 is registered with the Collector of hormal Revenue, Drover, Colorado (Ref Colorado Revised Stamm. 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specificatims, either when shipped or due to deferes of damage in tormil, may be, mimed to you for credit and are nor to he replaced except upon receipt of written instructions from the City of Fon Collins. Impecrlou GOODS me subject to the City of Fon Collin inspection oa rmvwl. Final Acceptance Rroeipt of Me membmdiw. smice, or equipment in response to this order can result in auModized pa,,cut on the pan of the City of Ton Collins. However, it is m be understand that FINAL ACCEPTANCE is depeMent span completion ofail applicable regald inspeclion procedures. Freight Temss. Shipments most be F.O.B., City Of Fort Collins, 700 Wood Se, Fort Collins, CO 80522, unless otherwise specified on this odder If pkrmixemn is Kiven a prepay freight cad charge separately, the original freight hill most acemmnanv invoice_ Additional charom for mukine will not ba oriented. Shipment Distance. Where manufacturers have distributing points in various Nees of the country, shipment is expected from the norms distribution point to destination, and excess freight will be deducted from Invoice when shipments a a made from grower distance. Permits. Seller shall procure at sellers sale cost all necessary permits, nnificates and licenses required by all applicable laws, regulations, oNinancrs and roles of the state, municipality, terridory or political subdivision where the work is performed, or requirW by any ether duly constituted public authority having jurisdiction over the work of vendor. Seller fuller of. to hold Me City of Fort Collins harmless from and agaimt all liability and loss mcured by them by ream. of. asserted or established violation of any such law,, m,uhliom, ordirunres, oil. and requirements. Aullo naalion, All parries In this eamract agree Not the representatives are, in fuel, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m Me terms and conditions wood herein cat forth and any supplem ndary or additional terms and conditions annexed hereto or incoryamtN herein by reference. Any additional ar diffident mum and conditions proposed by seller are objected in all hereby rejected. 2. DELIVERY. PLEASE ADVISES PURCHASING AGENT immediately ifyou cannot make complete shipment to mnive on your promised delivery date as poled. Time is of the score. Delivery and performance most be eliected within the time stated an the purchase order and the documents attached hereto. No aces of the Pmchners including, without limitation, acceptance of,amal Ire deliveries, shall operate as a waiver of this provlslan. In the event of any delay, the Pobaboxer tall have, in addition to other legal and cquimble rem Wier, Me option of placing this order elsewhere mul holding the Seller liable for damages. However, the Seller zbull cat be liable for damages. a mule of delays due to macs not reasonably foreseeable which are beyond its reawnable control all without its fault of negligence, such rob of God, acb ofcivil or military authorities, g wemmeoul pdanlies, fires, strikes, Rood, epidemics, wars or dots provided that notice of the conditions coaxing such delay is given m 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 he extended for the period equal to the time actually last by reason offie delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, spttificauoms, samples mdlor other dexnptiom given, will be fit for tee 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 1, hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of rmmorty. The Seller mall replace, repair or make good, without cost to the purchase, any defects or f Ica arising within one (1) year or wiMln such longer peed of dime. many be presenml by law or by the terns of any applicable waTJnly provided by Me Selltt after the dale of acceptance of the goods fiuuillad hereunder bureprmce car to be nably delayed). molting from imperfect or deflective work done or rim erials famished by Me Seller. Acceptance or use of goods by Me Purchaser sall not commuse a waiver of my claim under this centrally. Except as otherwise provided in this purchase order, doe Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or gmmmrez, bur such liability shall in no event include loss of profits or loss of tame. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchssef may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tarns, other than legal terns, including additions to or deletions from ,he quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change aRects the amount due or the time of performance hereunder, an equitable adjtmmml sell be made. 6. TERMINATIONS. The Purchaser may at any time by wdnrn change order, mouiaste this agreemem as to any of fill portions of 'he goods then not shipped, subject to any ignitable adj.1.cn, between the pari.. many work 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 good and/or work, for incidental or consequential damages, and Mat no such adjustment be made in favor of the Seller with respect to any goads which we the Sellers standard stock. No such termination shall relieve Me Porhsser or M<Sellol ofany of their obligations as to any gaol delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim far adjustment must E< msemed within thirty (30) days from the Mile Me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold herenMer shall have been produced, sold, delivered ail famished in alder omplianm with all applicable lax, and regulations to which Me goods are subject The Seller shall execute end deliver such documents as may b, requited to effect or evidentt compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this refemtee. The Seller agrees m indemnify and hold the Purchaser Trap s from all costs and damages suffered by the Purchaser as a molt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party Mall assign, transfer, or ranvey this order. err any monies due or to become due hereunder without Me poor written roman of Me other perry. le. TITLE. The Seller warrants full, clear and unrealdmed ode to the Purchoser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims etchers. 11. NONWAIVER. Failure of the Pudch.m to insist upon strict performance of the terms and conditions hereof, failure or delay to y righn or remedies provided herein or by law, failure to promptly Modify the Seller in the event of a breach, an reach, the mMt. ofor peyment for Smals hereunder or approval of the design, shall rot release the Salle, of any of the memories or obligations of this purchase order and shall not tr deemed a waiver offing, right of the purchaser to insist upon zlrict performance hereof or any of its rilds. mremedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shot] any p rtpored oral modification or rescission of this purchase order by the Purchaser Operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the PureM1aur recognize that in actual monarch, practice, overcharges resulting from mtimtst violations are in fact Ipme by the Particular. Thcmofam, 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 acquired under federal or site antitrust laws for such overcharges relating to the particular goods Or services purchased Or acquired by the Purchaser pursuant m this plerchaso, order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dimerk Me Seller to roman nonconforming or defective good by a date to be agreed upon by Me Pumhoser and Bra Si and Me Seller Mereafier indicates its instability or unwillingness ro comply, Bra Purchaser may cause the walk to be performed by the most expeditious means available to it, and Me Seller shall pay all roses associmed with such work. The Seller shill releme the Purchaser and its mandamus dames ofany Brr from all liability and claims of any nature resulting from the performance oftech work. This release mall apply even in Me went of fault of negligoom of the Patty declined all shall extend to We directors, slicers and employees of such parry. The Sellers contractual obligations, including warrenty, shall not be, deemed to be reduced, in any way, because such work is performed of caused to be performed by the Purchaser. 14. PATENTS. Whenever tee Selltt is required to use any design, device, mmenal or pr«ass covered by heart, parents mdemek r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infrngement by reason of the use of such command and deign, device, normal or process in connection with the rummer, and shall indemnify the Purchaser for any cost, expense or damage which it may be, obliged to Pay by reason of such infringement at any time dung the prosecution of after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infntminam and the use of said equipment or pan is enjoined, the Seller shall, at on; own expose and at its option, either provide for the Purchaser Me fight to continue using said equipment or pan ,replace Me vie with substantially equal bur contributing aquipmend, or modify it as it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of madimes, appoint a receiver or hustee for my of the Sellers property or business, this order cony forthwith be canceled by the PurcM1asol without liability. 16. GOVERNING LAW. The definitions of terns used or Me imerpremtion ofthc agreement and the nigher of all panim Embroider shall be coutmed seder all governed by the laws orthe State of Colorado, USA. The following Additional Conditions apply only in whole the Seller is to perform work holeander, including the services of Sellers Representri ive(s), on thecases premises ofomers. 17. SELLERS RESPONSIBILITY. The Seller mall carry on said wok m Sellers owe risk unit] tee same is fully completed all moblumd, and shall, in use of any accidenr, destruction or injury to tee work halm mmerials brfore Sellers final completion all acceptance, complete the work at Sauces awn expense and to the satisfaction of Me Purchsser. When materials and equipment are furnished by others far installation or erection by the Seller, the Seller shall receive, unload, store and handle some at the site and become responsible therefor m though such materials and/or equipment were being famished by the Seller under the order. IS. MSIIgANCE. The Seller shall, at his own expense, provide for Me payment of wokers confirmation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the wok is to be done. The Seller shall also body, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his conmemrs, if any. to provide for such compensation and insurance. Before any of doe Sellers or his contractors employees shall do any wok upon the premises of odic., the Sella shall ftunish the Pmchuer with a certifcme that such compensation and insurance have been pmvided. Such certifcatms shall specify tee data when such ompenmtion and inmrance have been pmvided. Such certificates shall specify the date when such compensation and insurance expires. Ile Seller agrees Mal such compensation and insurance shall be rasumin W until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass tars the engirt responsibility and liability for any and all damage, loss or injury ofully kind or nature whatsoever to persmts or property caused by or resulting from to execution ofdme work provided for in this pumM1 enter or in connection hercwiM. The Seller will indemnify and hold armless the Purhsser sbt any r all of the Purchasers mlicem, agents and employees boom and against any aad all claims, loss., damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subject by reason of any cat, ration, neglect, omission or default on the par of the Seller, any of his contractors, or Oily of Me Sellers or contractors olive a, agents in employees. In case any suit of other proceedings shall be brought agaimt the Purethasm, or its oticm, agents or employees at any time on account or by lesson of my act, action, neglect, omission or default of Me Seller of any of his contractors err my of is or their officm, agents or employees as aforesaid, Me Seller hereby agrees to assume Me defense tartaf and to defend the mine at Me Sellers awn expense, to pay any and all costs, charges, atmineys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or Oily of its or their oficers, agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in.. a result of such wits or oMe, proceedings, Me Seller will in once cause Me same to the dissolved all disarged by giving and or otherwise. The Seller and his contractors shall take all safety precatniots, famish all inmall all guard necessary for the prevention of accidents, comply will all has and regulations with regal to safety including, but without limitation, tee Occupational Safety and Health Act of 1970 and all oileas and regulsoom issued pursuant Memo. Revised 03M10