HomeMy WebLinkAbout374454 ARTHUR J GALLAGHER RISK MGT SERVICES INC - PURCHASE ORDER - 9145844Fort Collins
Date: 10/09/2014
PURCHASE ORDER
Vendor: 374454 Ship To:
ARTHUR J GALLAGHER RISK MGT SERVICES INC
6399 S FIDDLER'S GREEN CIR #200
GREENWOOD VILLAGE CO 80111-4949
PO Number Page
9145844 1of2
This number must appear
on all invoices, packing
sli s and labels.
POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 10/09/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Third Qtr Deductible Billing
Inv #1093695 dated 10/3/14
)'pr1 P,4
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
16,756.02
756.02
Pay terms net 30 days
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 the Cry of Fon Collins is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
98 N502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of
Failure ofthe Purchaser to insist upon strict Performance of the terns and conditions Molar, failure or delay to
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sa uvxs 1973, Chapter 39-26, 114 (a).
cammise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED doe to failure 1. meet specifications, either when shipped or due io defects of
any of the watt wmx or obligations of this purchase order and shall not M deemed a waiver of my right of the
damage in wmiL may be mooned to you for credit and are not to M replaced except upon ameq, of wrimen
purchaser W insist upon strict prfonwnce hereof or any of its rights or remedies as to any such goods, regardless
Instrum.ns from Be City of Fort Collins.
of when shipped, teceivN or accepted, ns to any prior or subsalumt default hereunder, nor shall any pwpaned
real modification or rescission of this purchase order by the purchaser operate as a waiver of any of the terra
Inspection. GOODS ere subject to the City ofFort Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, servicesor equipment in response to this order canresult in
12.ASSIGNMENT OF ANTITRUST' CLAIMS.
authorized 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 resulting from antimsst
ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures.
violations are in fact home by the Purchmer.Theretofore, fr, goad cause and as consideration far executing this
Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be FOB,, City of Too Collins, 70) Wood S, Fort Collins. CO 80522, unless
acquired under federal or two antimen laws for such overcharges aladng to the panicular goods w services
othervise specified on this order. lfprnissim is given to Prepay freight and charge separately, the original freight
purchased or acquired by the Purchases pursuant to this purchase under.
bill must wvmw vimoice. Additional drama fro waking will not he accented.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expelled from the nearest distribution point to destinmion, and excess freight will be deducted from Invoice when
shipments are made to,., greater distance.
Prmmits. Seller shall procure at sellers sale cost all necessary permits, cenifica¢s and licenses acquired by all
applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where
the work 3 performed, or requited by any other duly reaon ed public authority having Ntisdiction over the work
of vendor. Seller f n aw again, to Mid the City of Fort Collins kirtnless from and against all liability and loss
incurred by them by mason arm examaxed or established violation of any such laws, regulations, ordinances, roles
and prefigurement,
Authorization. All panics to this commet agree tam the representatives are, in fact, bona fide and pmas as fall and
complete authority to hind said parties.
LIMI I'ATION OF TERMS. This Pao:hase Order expressly limits acceptance to the terms and conditions stated
hemin sac fonh and any mpplememary an additional farms and conditions annexed hereto or incorporated herein by
reference. Any addrimul or different eons and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to serve on yaw
promised delivery date as noted. Time is of the essence. Delivery and performance muss M effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Noricum including, without
limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall hove, in addition to other legal and equitable remedies, the option of placing this 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 caaws owl ma nambly foreseeable which art beyond its reasonable control and without its fault of negligence,
such acts of God, aces ofcivil or military authorities, governmental priorities, fins, strikes, board, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Perchance within rive (5) days of the
time when the Seller For received knowledge thereof. In the event of any such delay, the date of delivery shall M
extended fro the period equal to the time actually lost by acawa of the delay.
3. WARRANTY.
The Seller warrants that all goods, sa ides, intends and work covered by this order will connector with applicable
drawings, specifications, samples and/or other descriptions given, will be ft for the propses 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 purcluser harmless from any loss, damage or expns, which me
purchaser may suffer or incur on account offset Sellers branch of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer proad of
time as may IM prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of
acceptance of Be goods fumshed hereunder (acceptance not to be uareawwbly delayed), resulting form im,will
or defective work done or maemb furnished by the Seller Acceptance or use of goads by the Purchaser shall not
consulate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of be foregoing warrantee,
or guarantees, but such liability shall in no event include loss ofprofits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes W legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the 1omn, other than legal terns, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or Ise time of perfmmrno. hereunder an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change whet, termime this agaement as To any or all portions of the
goods than not shipped, subject to any equitable adjuwn-d between the parties as to any work or exmedals men in
progress provided that the Purchaser shall not M liable for any claims for anticipated profits on the uncompleted
ponion of the goods nnkor work, far incidental or corn n,vintil damages, and that no such adjustment M made in
favor of the Seller with respect to any goods which am the Sellers standard stock. No all termination shall relieve
the Purchaser or the Shc., of any of their obligations a to any goods delivered hereunder.
T CLAIMS FOR ADIUS'I'MENT.
Any claim for whim and must be awed within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller woments that all goods sold hereunder shall have Even produced, sold, delivered and f ished in strict
compliance wins all applicable laws and regulations to which the goods are subject. The Seller skill marine and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this ch wnew, are hereby incopomted herein by this reference. Tha Seller agrees to
indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, eansfer, or convey this order, or any monies due or to become due hereunder without the
Prior wrincn command ofthe other Puny.
10. TITLE,
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
n performance of this agreement, free and clew of any and all liens, rntriaba, nownwions, seemly interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to corer aonconfoaming or defective goods by a date to M agreed upon by the
Purchaser and the Seller, and the Seller thereafter ferhades its inability or unwillingness to comply, the Purchaser
may cause the walk to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller skill release the Purchaser and is contractors of may tier from all liability and claims of any nature
resulting from the Performance ofsuch work.
This releae shall apply even in the evens of fault of negligence of the pony relassed and shall extend to the
directors, officers and employees ofsuch patty.
The Seller's contmctual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by she Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser doom any and all claims for inelegance,
by sawn of the use of such patrnied design, device, material or process in connection with the exa on. and
shall indemnify the purchaser for any cast, expense or damage which it may ho obliged to pay by reason of such
infringement many time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to armadillo infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its plion. either prom.. for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
maninfringing equipment, or modify it sac it becomes naninfringing.
15ANSOLVENCY.
If the Seller sholl become insolvent or bankrupt, make as sesignmem for the benefit of creditors, appoint is
receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the
purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation oftha a,mano n end the rights of ail parties hereunder shall be
constmcd under and governed by the laws of the State of Colorado, USA.
The following Additiorul Conditions apply only in cases where the Seller n to perform work hereunder,
including the scri.&Sellers Reyresmtallve(s), on the promises of others.
IT. SELLERS RESPONSIBILITY.
The Seller shall cony on said work at Sellers own risk until the same is Polly completed and accepted, and shall,
in w of any ccidenk destruction or injury to the work ardor mammals before Sellers final completion and
acceptance, complete the work at Sellers own expose and to the sarismatron of the Purchaeu When materials
and equipment are furnished by others ear installation or emotion by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible themfor as though such materials maker equipment
were being famished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expanse, provide f the payment of workers mmpmation, including occupational
disease benefits, to is employees employed oat or in connection with The work covered by this puchase order,
maker to their dcpendmts in accordance with the laws of the sate in which the work is to he done. The Seller
shall nlw rotary comprehensive general liability including, but not limited to, contmctual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any ere person, $300,000 for any
ma ttidern rand property damage limit per accident of S40Q000. The Seller shall likewise require his
contractors, irony, to provide for such compensation and insurance. Before any of the Sellers or his contactors
employees shall do any work upon the premises of others, the Seiler shall famish the Purchaser with a cenifeate
that such compensation and insurance have been provided. Such reniMales shall specify the date when such
compensation and ...a have Deers provided- Such ccrtifca ce;.hell specify all. data when such cme,aco wo
and insurance expires. The Seller agrees That such compensation and insurance shall M maintained until after the
entice work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the anire responsibility and liability for any and all damage, loss or injury of mry kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase under or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any said all claims, losses, damages,
charges or expeacs, whether direct or indirect, and whether to prwus or prnPerty to which the purchaser may
M put or subject by reason of any act, action, impact, omission or default on me part of the Selln, any of his
contractors, Or any of the Sellers or contractors officers, agents or employees. In case any wit or other
proceedings shall M brought against the practical or is officers, agents or employees at any time on account or
by reason of any act, action, negleet, omission or default 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 awma the defers¢ thereof and ear
defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses,
any and all judgments 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 eau judgment or other lien be placed upon or
obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or omen proceedings,
the Seller will at once cause me same to M dissolved and discharged by giving bond or otherwise. The Seller and
his comractors shall take all safety precautions, f ish and Mall all gwvds neeessary for me prevention of
accidents, comply with all lows and regulations with regmd to wfety including• but without limitation, me
Occupational Safety and Health Act of 1920 and all rules and regulations issued pursuant Thereto.
Revised (IM014