HomeMy WebLinkAbout513847 ARTHUR J GALLAGHER RISK MGMT SVCS - PURCHASE ORDER - 9147507PO
PURCHASE ORDER 914750 Number Page
City of PURCHASE
47507 1 or z
Flirt Collinsr This number must appear
!"_`�,/`' V on all invoices, packing
sli s and labels.
Date: 12/19/2014
Vendor: 513847
ARTHUR J GALLAGHER RISK
MANAGEMENT SERVICES INC
PO BOX 742205
LOS ANGELES CA 90074-2205
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 12/19/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Workers Comp Policy 2015 1 LOT LS 477,144.64
Inv.1169012 dated 12/17/14
2 Commercial Package Policy 2015
Inv. 1169012 dated 12/17/14
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
79,497.16
Total
Pay terms net 30 days
Invoice Address:
1.80
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of From Collins is exempt boom slate and local taxes. Our Exemption Number is
11. NONWAIVER.
98- 1502. Federal Excise Tax Exemption Catilcam of Registry 84fi000580 is registered with the Collator of
Failure of the PurcMscno insist upon smia Pa.. of the reran aad conditiwm hereaE failure or delay to
Imrmal Revenue, Denver, Colorado (Ref. Colorado Revised Smtmrs 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance ofo, paMan fro good hereunder or approval ifhe design, shall not raleau the Sella of
Gaol Rejected. GOODS REJECTED due,o failure to area specifications, either when shipped or due to defiect, of
any of the warantiw or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in mamit, may, he recurred to you for con it and are not ,o be replaced except upon receipt of waimen
Porthaser to insist upon strict performance hereafor my of its rights in remedies as to any such good, regardless
imtmctions from the City of Fort Collins.
of when shipped, received art accepted, as Or my prim art subsequent default hereunder, nor shall any purportal
well machination or nation. of this purchase order by the fracture operate as a waiver of any of the terms
Inspection. GOODS ere subject to the City of Fort Collim inspection on arrival.
hereof.
Final Acceptance. Receipt of Ore merchandise, serrice, of equmpmeal in response to this order an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mthorieed payment on the part of the City of Fort Collins. However, it is Ica be understood that FINAL
Sella and the Purthua recognize dhat in actual coonrate prettier, overcharge resulting from at.,
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations art in fact borne by the Pmchum. Thrmunic re,far good a. and as consideration for executing this
Purchase mile, the Seller hereby assigns to the Purchaser any and all claims it may now have or serrate,
Freight Teats. Shipments mast be F.O.B., City of Fon Collins, IN Wood St. Fort Collins, CO 80522. unless
acquired under federal or state asuchost lass for such overcharges relining to the particular good or services
otherwise specified on this order. If permission is given m prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to Wis purchase maker.
bill most accompany invoice. Additional charges for rocking will not be accepted.
Shipment Distance. Where manufuturers have distributing pi in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments or made from greamr distance.
Permits. Senior shall prectim al sellers sole cos, all necessary permits, certificates and licenses required by all
applicable laws, regulation, mrdin:mees and ales ofthe slate, municipality, ter icry or political subdivision where
the work is performed, or natural by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all retain, and loss
incurred by Them by reason 01 an asserted or established violation of any such laws, regulations, ordinances, ales
and requirements.
Authorisation. All parties to this contract agree that the representatives are, in fact, brim fide and possess fall and
complete vmbority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance or the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by sells are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to artist on your
promised delivery, date as noted. Time is of the essence. Delivery add performance most be effected within ate time
satd on the purchase order and the daumenu muchd hereto. No cats of the Franchisers including, without
limitation, accept. of partial late detiveriw, shall opeate as a waiver of Ws prevision. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remakes, the option of placing this order elsewhere
and hatch g the Sella liable far damages. Nonwoven. the Seller shall and, be liable far damages as a result of delays
due m areas not rwmnably foreseeable which art beyond its reasonable control and without its fault ofmgligence,
such ems ofGotE acts afcOiI Or military authoddies, Jam.enul priorities, fires, spikes, flood, epidemic, wars or
rims provided that notice of the condition, causing such delay is given to the Pumhxser within five (5) days of the
time when the Sella first received knowledge thereof In the event of any such delay, the dam of delivery shall be
extended for the period equal to the time actually loss by nwsan of the delay.
3. WARRANTY.
The Sella warrants that all goods, asides, materials and wont covered by this order will conform with applicable
drawings, specifications, samples andaor other descriptions given, will be fit fro the purposes intended, end
performed with the highest degree of ace and comrpemnre in accordance with internal standard for work of is
similar nature. The Sella agrees to hold the purchaser harmless Gore my lo%, damage or expense which the
Purchaser may Suffer or incur on account of the Sellers breach 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 period of
time m may be prescribed by law or by the mores of any applicable warranty, provided by the Seller after the dam of
acceptance of the goods brooded hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goad by the Purchaser shall not
institute a waiver of any claim under this warmly. 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 the Ramming waranhOi
or guarantees, but such liability shall in no event include loss of pmfiu 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 Porchaser may make any changes to the renns. other roue legal team, including additions to or deletions from
the quantities originally ordered in the spcci0cationa or drawings, by verbal or written change order. If my such
change aRects the amount due in the time of perforsmance hemandeq an interstate djusanent shall be made.
6. TERMINATIONS,
The Frmchssa may at any time by written change order, ,ermirtam this agreement m no any art all po..am of the
goods then not shipped, solder to any equitable mincemeat betxeca the parties as to any work or materiah then in
programs provided that the Protestant shall not be liable fro any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental at consequential damages, and that no such alluntmem be made in
favor of the Seller with respect to any goods which art the Sellers standard stock. No such nomination shall relieve
the Purchase, or the Seller army of their obligniom m to any, good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for aljustmem muss be assented within thirty (30) days from the dam the change or summation is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warranty that AI good sold hereunder shall have been produced, sold, delivered and frmished in strict
compliance with all applicable lases and regulations or which the goods are subject. The Seller shall estate and
deliver such documents in may be required to effect or evidence compliance All laws and regulations required to be
incorporated in agreements a this character are hereby inumporamd herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such raw.
9. ASSIGNMENT.
Neither party shall assign, member. or Canvey this order, or my monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Sella warrants full, clear and unrestricted title to the Furchmer for all equipment, materials, and items famished
in performance of this agreement, free and clear of my and all Item, restramins, reservations, security interest
emumbmnces and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Sella to coact nonconforming or deb Live good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all
costs assaciined with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the pert rmance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend m the
doctors, officers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is perfarmal or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required muse any design, device, material or process covered by lever, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Punchzsa from any and all claims for infringement
by reason of the sac of such Earned design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may to, obliged to pay by rwmn of such
infringement at any time during ,M prosecution or after the completion of the work. In cast said equipment, or
my par theref Or the intended use of the goods, s in such suit held to comdmte infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and in its option, either pawns, for the
Purchaser the right to continue comig said equipment or pans, O plazc the same with substantially cgm) but
mer infringing equipment, or modify it so it becomes nminfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or baN:ar,, make not aaigra ent far the berth of andiftrs, appoint a
rearcron or trmare for any of the Sellers property or business, this order may forthwith be aduelal by thc
Pm1mmr without limiliry.
16, GOVERNING LAW.
The definitions ofterms used or the i ,eras istion ofthe agreement and the rights of all parties hereunder shall be
comuued under and governed by the laws of the Scale ofColoado, USA.
The following Additional Conditions apply only in where perform the Seller is to perfowork hereunder,
including the services of Sellers Represenalive(s), on thearms
croissant.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, commotion or injury m the work antler materials before Sellers Final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
end equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being fuaishd by the Seller ander the order.
I I. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employes employed on or in connection with the work covered by this purchase Order,
unfair to their dependents in accordance wish the laws of the sale in which the work is to he done. The Seller
shall also carry comprehensive general liability including, but not limited no. contractual and automobile public
Risibility, insurance with bodily injury and death limits of in least S300,000 for any one person, $50o,000 for my
one accident and property damage limit per accident of Sa00,000. The Sella shall likewise acquire his
contractors, if any, to provide fro such compemation and irearma ce. Before my of the Sellers Or has contrnamrs
employers shall do any work upon the premises of ml ers, the Sella shall f ,rash the purchaser with a oci ifcmc
that such compensation and insurance have been provided. Such ertiFicetes shall specify the date when such
compensation and imumnce have been provided. Such certificates shall specify the due when such compensation
and morear ce expires. The Seller agrees thad such compmsmom sod irssur two shall be maintained umil ester the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sailer hereby ass es the entire responsibility and liabiliry, for any just all damage. loss at injury army kind
or nature whadmi to persona or property causal by or resulting from the execution of the work pmvided for in
this puehau order or in connection herewith. The Sella will indemnify and hold harmless Out Purchaser and my
r all of the Purchasers officers, agents and employers from and against my and all claims, losses, damages,
charges or expenses, whether direct a indirect, and whether to persons or property, to which the Purchaser may
be put or subject by rtaun of any act, action, neglect, omission or default on the Fart of the Seller, any of has
contractor, or any of the Sellers or contractors oRcars, agents or employes. In case my suit or other
prouraings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or
by reamn of my an, action, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees ex aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expermse, to pay any and sH rosus charges, mteametys fees and other expemes,
any and all judgments that may be incurred by or clarinet 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 ofthe Purchases or said parties in or M a result of such suits or ocher proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall rake all safety, precamions, fhmish and install all guards nawmry far the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant district.
Revised 072014