HomeMy WebLinkAbout374454 ARTHUR J GALLAGHER RISK MGT SERVICES INC - PURCHASE ORDER - 9143860PO Number Page
City of PURCHASE ORDER 9143860 1of2
F6r} Collins
This number must appear
//_",y��'`J_, ` ` on all invoices, packing
sli s and labels.
Date: 07/09/2014
Vendor: 374454
Ship To:
ARTHUR J GALLAGHER RISK MGT SERVICES INC
6399 S FIDDLER'S GREEN CIR #200
GREENWOOD VILLAGE CO 80111-4949
POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 07/09/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i 2nd Qtr Deductible
Invoice# 992997 dated 7/7/14
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.com
1 LOT LS
20,860.82
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. COMMERCIALDEfA1LS.
Tax exemptions. By statute the City of Fort Collin h exempt from state and local taxes. Om Exemption Number ls
11. NONWA1VER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registeml with the Collector of
Failure of the Purchaser to insist upon strict perfomma m of fe terms aM condition hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Swme, 1973, Chapter 39 26,114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not mlesse the Seller of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped m due to defects of
any of the wa prom,; or obligation of this purchase order and shall not be deemed a waiver of any right of fe
damage in hansit may be rebound to you for credit and are not to be replaced except upon receipt of ,'then
prchaser to imist upon strict performance hcreofor any of its rights or remedies az many such goods, regardless
instructions firs. the City of Fan Collins.
of when shipped, received or accepted, as m any prior or subsequent default herewder, not shall any purported
am] mMi rication or rescission of this purchase order by the Purchaser operate as a waiver of any of the mow
Inspection. GOODS are subject to the City airport Collins inspection on arrival.
hereof.
FmA Accepmwe. Receipt of the rammi andice, srn or equipment in response to this order can result in
ices
12, ASSIGNMENT Of AN71TRUSI' CLAIMS.
committed payment on the read of the City of Fen [lower, it is to be understood fat FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm nations,
rgood
ACCEPTANCE is dependem upon completion ofail applicable requiml inspection procedures..
violations are in not home by the Purchaser. Thenniffrmfor cave and as consideration for executing this
purchase oMe,, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terns. Shipments most be F.O.R., City of pan Collins, AID Wood St., Fan Collins, CO 80522, unless
acquired under federal or stale animist laves for such nvercharges reaming m the particular goads or services
otherwise specified on this oNer. If permission is given to prepay freight and charge sepaaMy, the original freight
purchased or acquired by the Purchaser purswmuo this purchase order.
bill must accompany invoice Additioal charges for packing will not be occupant.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manuf tutets have distributing points in .ante pads of the country, shipment is
If the Purchaser dhects the Seller in carried nonconforming or defective goods by a date to be agreed upon by to
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Puchaser and she 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 expedititsus menus .,.liable to it and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure I sellers sale call all no., permits, vertical. and licawes «quired by all
applicable laws, regal atiors, ordinances and holes of the state, municipality, territory or Political subdivision where
the work is performed, err required by any other duly complained public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of rod Collins harmless Imam and ocal all liability and pas
incurred by them by person of ter asserted or established violation of any such laws, regulations, ordinances, rates
and requirements.
Auforivtion. All pansies to this contract agree that the representatives are, in fact, bow fide and press full and
odi authority to bind said panics,
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to file man and conditions stated
herein set path and any supplementary or additional Inns and combatant annexe) hereto or incorporated herein by
reference. Any additional or different team and conditions proposed by seller art objected I. and baeby rejeoed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedicely ifyou cannot make complete shipment In amve on your
promised delivery doe as muted. Time is of the essnme. Delivery and performance muse be cff ctnl within the fine
staled on the purchase order and the documents attached herim. No acts of the Purchasers including, without
limitation, acceptance of partial late delireries, shall operb as a waiver of this provision. In the even ofany delay,
the Purchaser shall have, in addition to other legal and equitable mnediew the option ofplacing this older elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable fir damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its wornable control and without its fault of negligence,
stab acts of Gad, acts of civil or milimry authorities, governmental priorities, fires, strikes, Flood, epidemics, war, or
dots provided that notice of the condition caning such delay is given to the Purchaer within rive (5) days of the
time when the Serer first received knowledge thereof. In the went of any such delay, the date or delivery shall be
extended for the period equal to the tame actually lost by rearm of the delay.
3. WARRANTY.
The Seller warrants that all graph, articles, materials and work covered by this order will conform with applicable
drawings, specification, samples mXor other desrnowns given, will ho fit for the purposes intended. and
performed with, the highest degree of care and competence in x rmakir ce with accepted Standard, for work of a
imilar whore. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Franchiser may suffer or upon on account of the Sellers breach of varreary. The Sellcr shall replace repair or make
gaud, without cost to the purchaser. any defds or Emits arising within one (1) year or within such longer Period of
time as may be prescribed by law or by the erns army applicable waranry provided by the Seller after the date of
acceptance of the gaol furnished hemmer (ac repmoce not to be impeawnably delayed), resulting from imperfect
Or defective work done or.aerials fumishad by the Seller. Acceptance or ace, of goals by the Purchaser shall or
candidate a waiver of any claim under this wmmnty. F"", as otherwise provided in this purchase order. the Sellers
liability hereunder shall extend m al I damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such li: biliry shall in no event include loss of prof ll 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 tI., other fan legal terms, including addidow to or deletions fmm
the quantities normally ordered in the specification or drawings, by verbal or women change order If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall bit made.
6. TERMINATIONS.
The Purchaser may at :my time by written change oNl m nampte this agreement its to any o all pandamor of the
d goothen not shipped, subject to any equitable adjustment between the posies into any work or materialls fen in
pngress provided thin the Purchaser shall not ,, liable for any claims for amicipatcd profits off the uncompleted
portion of the goods an&or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which art the Sellers standard stock No such termination shall relieve
the Purchaser or the Seller of my of their obligations as to any good delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim fro adjustment most be asserted within thirty (30) days from the date the change or ermination is
oNered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all gtswB sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulation m which the goods are subject. The Seller shall execute and
deliver such documents as may, be acquired to ifed or evidence compliance. All Wxs and regulation required to be
Incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all roots and damages suffered by the Purchaser as a at of the
Sellers failue to comply with such low.
9. ASSIGNMENT.
Neither party shall resign, maxi or convey this oNer, or any monies due or to become due hereunder without the
prior warden consent of the other party.
10. TITLE.
The Seller wattants full, clear and unrestricted title to the pmcasm, for all equipment nuerials, and imrm fmuhN
in performance or this agreement, free and clear of any and all lien, restriction, reservation, security frerest
encumbrances and claims ofmhers.
The Seller shall ml. the Forefoot, and its contractors of any tier films all liability and claims of any nature
resulting from the performance ofsuch work.
This minor, shall apply even in the even of fault of negligence of the party moreed and shall expand m the
directors, officers and employees ofsuch party.
The Series commdual obligaion, including warmpy, shall not be decided m W reduced, in any way, because
such work is Performed or caused to be performed by the Purchaser.
14, PATENTS.
Whenever the Seller is requipal m use any design, device, coaled.] or process covered by Iedia, potent trademark
or copyright the Seller shall indemnify and save harness the Purchaser from any and all claim, for inMngement
by reason of the we of such patented design, desire, material or process in connection with the comma, and
shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such
miringem no al any time during the prosecution or after the completion of the work. I case said equipment, or
any pan thereof or the intended use of the gmis, is in such suit held to constitute infringement and the we of
said equipment or pan is cajoined, the Seller shall at its own caricature and at its option, either pmaure for the
Purchaser the right to continue Wing said equipment or pans, replan the same with substantially equal but
noninGnging equipment, or modify it so it becomes naninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or barrkmpt, make an assignment for the benefit of creditors, appoint a
or ttnlet for any of the Sellers pmpeny or tininess, this order may forfwitb be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definitions ofterms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
construed under and governed by the laws of the Spate of Colorado, USA.
The following Additional COMltiors apply only in cues where the Seller is b perform work hemmer,
including the services of Sellers Representative(s), on the premises of others.
I]. SELLERS RESPONSIBILITY.
The Seller dull carry on said work at Sellers own risk until the same is fully completed cad accepted, and shall,
in ere of my accident desbuction or injury to the work andror materials before Severs final completion and
acceptance complete the work at Sellers own expense cad m the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials lumbar opidia eaa
were being fumishod by the Seller under the order.
18. INSURANCE.
The Seller shall, at Fos own expense, provide for the payment of workers compensation, including occupational
disease Irenefs, 10 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 work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited la, contractual and aummobile public
liability insurance with bodily injury and death limits or at least 2300.000 for my one Nixon. S50R" for any
one accident and property damage limit per accident of S400,000. The Sella shall likewise require his
commission, if any, to provide for such compensation and imummme. Before any of the Sellers or his opposition,
employees shall des any work upon the premises of others, the Seller shall famish the Purchaser with a cenificam
that such c smpenatimn and insurance have been provided. Such certificates shall s,,try the now when such
compensation and insurance have been provided. Such certificates shall specily the date when such compensation
and assurance writes, The Seller agree that such compensation and insurance shall be maintained until oiler the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respomibility and liability for any and all damage, loss or injury army kind
or maim whawtever to persons or property caused by or resulting fmm Ore etecution sal work provided for in
this purchase order or in connection herewith. The Seller will indemnify end Sold hsrrnk is the Purchaser and my
cr all of the Purchasersffi ocers, agents and employces fmm and againl any and all claims, losses, damages,
harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be pal or subject by reason of any act, action, neglect omission or defult on the an of the Se11en any of his
contract., or any of the Sellers or ..—,a. ml ie agents or employees. In call any suit or other
proceedings shall be brought against the Purchaser, or its officers, opens, or employees at any time an account or
by... of any an, action, neglect omission or default of the Seller of any of his contradow or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrar to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in can judgment or other lien be placed upon or
obtained agaimt the pmperry of the Purehasn, or said ponies in or as a result of such suits or other proceedings,
the Seller will in once came the same to be dissolved and discharged by giving tend or otherwise. The Seller and
his conlracmrs shall take all safety pnruti.m, famish and install all guard nweasory am the prevention of
accidents, comply with all laws and regulations with regard or safety including, but wilbout limitation, the
Occupational Safety and Healf Act of 1970 and all .lea and regulation issued pursuant thereto.
Revised 03I2010