HomeMy WebLinkAbout129729 EXODUS MOVING & STORAGE INC - PURCHASE ORDER - 9141996PO
PURCHASE ORDER 914199er Page
City of PURCHASE
9141996 1 of 2
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Date: 04/08/2014
Vendor: 129729
EXODUS MOVING & STORAGE INC
1730 E PROSPECT RD SUITE 102
FORT COLLINS CO 80525
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 04/08/2014 Buyer: PAT JOHNSON
Note:
Line
Description
Quantity UOM
Ordered
Unit Price Extended
Price
1 OTHER PROF & TECH SERVICES
2014 APPLIANCE REMOVAL/STORAGE
1 LOT LS
7123 Residential Refrigerator Freezer Collection and Temporary Storage
Services
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.com
25,000.00
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
1. COMMERCIALDETAIIS.
Tax exemptions. By statute the City of Fort Collins is exempt from sure and local rates. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cenifcate of Registry 84-6000587 is registered with the Collecmr of
Failure of the Purchaser to insist upon strict performance of the terms and cumditiom hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evem of a
breach, the acceptance ofor payment for good hereunder or approval of the design, shall not releme the Seller of
Goods Rejecd. GOODS REJECTED due to failure to meet spmifimtiom, either when shipped or due m defttts of
any of the warlord. or obligations of this purchase order and shall not be, deemed a waiver ofany right of the
damage in transit, may be n mmW to you for credit and arc trot to be replaced except upon receipt of Ono en
purchaser to insist upon strict performance hereof or any of its rights or remedies m to any such good, regardless
imtmcuons from the City of Fan Collins.
of whm shipped, received or accepted, M to any prior or subsequent default hertdndem nor shall any purported
oral modification or remission of this purchase order by the Purchaser operate as a waiver of any of the tens
Inspection. GOODS art subject to the City of Fan Collins inspection on arrival.
hereof.
Final Acceptance. Bacteria of the merchandise, movie. or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
authorised paymmr on the per, of the City of Fan Collins. However, it is to he urdenmod that FINAL
Seller aM the Purchaser recogniat that in actual economic practice, o erchat resulting trainantitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection prccedures.
violations are in fan home by the Purchaser. Thernofore for good sauw and ax consideration far executing this
purchase order, Ore Seller hereby cosigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shearson. must be F.O.B., City of Fort Collim, 700 Wood S,.. Fon Collins, CO 80522, unless
acquired hider federal ar stem anlitrmt laws for such overcharges relating to Bar panicolar good or services
otherwise apnified an this older. If pmnission is given m prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser puramal to this Purchase order.
bill must accompany invoice. Additional charges for parking will not ho arceprnd.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in vismaus pans of the eomhry, shmarom is
Ifthe Patches,, tit. the Seller to correct nonconforming or detective good by a date to No agreed upon by the
expected tram the nes e d distribution point to destitution, and excess freight will be deducted from Invoice when
Purchaser and Ore Seller, aad the Seller mention indicates its inability Or unwillingness m comply, the Purchaser
shipments are made from greater dis ausho
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs assaciered with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, cenifcares and licenses required by all
applicable laws, regulations, ondinances and roles of the same, municipality, hammry or political subdivision where
The Seller shall release the Purchaser and its contractors of any tier from of liability and claims of any nature
the work is performed, or required by any other duly controlled public nufferty hmingjurisdarom over she work
resulting from she performance of such work.
of vendor Seller further agrees to hold the City of Tom Collins harmless from and against all liability and loss
firommed by them by mmmn of an rommod in established violation of any such laws, mechanics' rdi., roles
This release shall apply even in the event of fault or negligence of tht party released and shall extract to no
and requirements.
directors, officers and employees of such party.
Authorization. All panics to this aantmct agree that the representatives are, in fact, bona fide and posses full and
complete authority to bind said parties.
LIMITATION OF q F:RMS. This Purchase Older expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary car additional mots and conditions annexed hereto or incorporated herein by
reference. Any additional or di06reat terms and conditions proposed by seller are objected Io and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT im uch rely if you cannot make complete shipment to arrive on your
promised delivery date as noted.'I one is of the macaw. Delivery and performance must h effected within the time
stated oa the punch, older and rlm dommmrs anadmil harem. No acts of the Purchasers including, without
handminn, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Sells, liable or damages. However, the Seller shall nor her liable Car damages M s result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or
riots provided that nall- of the conditions causing such delay is given Io 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 be
extended for the period equal to the time actually lust by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods. articles, materials and work covered by this order will conform with applicable
drawings, specifiveliom, samples anpar other descriptions given, will be fit for the ptaprom intended, and
performed with the highest degree of cart and competence in accordance with mcepred mandalds for work of a
similar nahhie. The Seller agree as had the purthesser harmless from any loss, damage or expense which the
Purchaser may suft or incur on account of the Seller breach of command, The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year on within such longer period of
time M may W presmbcJ by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance or the goods famished hereunder (xcttptsme not an be unseasonably dclaynd), handling tram imperf t
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall mot
constitute a waiver of my claim under this wamanly. Except m otherwise provided in this purchase older, the Sellers
liability Memdn shall extent mall damages pmximmely roamed by the broach of any of the foregoing wvrantia
or gnaranttts, but such liability shall in no event include lose ofprofirs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser May rake changes to legal terms by wrinm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other ahan legal It., including addiunm m or delerions from
the quantities originally ordered in the specifwlions or drawings, by vertical or women change under If any such
change affects the amount due or the aim, of performance hereunder, an gnitathe adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any into by x'onto change other. terminate this agreement ss Io any err all portions of the
good then not shipped, subject to any equitable adjustment between the parries m to any work or materials then in
progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on fie uncompleted
panim of the good maker work, for incidental or concert ial damages, and Out no such adjustment be made in
favor of the Seller with respect to my goods which arc the Sellers standard stock. No such termination shall relieve
fie Purchaser or the Seiler ofany offeir obligations in to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mml be manned within thirty (30) days from the date the change or termination is
Ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute 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 character arc hereby incarmanded herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from at I cos¢ and damages suffered by the Purchaser as a resell of the
Sellers failure In comply with such law.
9. ASSIGNMENT.
Neifer party shall Mellon, transfer, or convey this older, or any monies due or to became due hereunder without the
prior wrinen consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to he Purchaser for all equipment, mmmals, and it. Resonant
in performance of this agreement, free and clear of any and all lism, rtonctions, resereatione, smwry imenso
encumbrances and claims of others.
The Sellers contractual obligations, including warranty, shall Out Im deemed to be induced, in any way. Imenew
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required muse any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by mason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the P... base, for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prostration a, alter the mmpliema of the work. la ease mid Omipmml, in
any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of
said equipment or an is rationed, Ibe Seller shall, at its own expense and at its When, either Emetic for the
Purchaser the right to continue rasing said equipment or pans, md,ce the same with substantially egml bar
noninfringing equipment, or modify it so it becomes noninfringing.
15ANSOLVENCY.
If the Seller shall become involves, or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or under for any of the Sellers property or business, this order may fonhw Ir be canceled by the
Purchmer width., liability.
16. GOVERNING LAW.
The defnitmas ofmans used or the imerpreltion of the agreement and the rights ofall panics hereunder shall be
vmm d coder and govemeJ by the laws of the Shim of Colorado, USA.
The following Additional Condinam apply only in rages whom the Seiler is to pofnnn work hereandeq
including the services of Sellers Romear mive(O, on the Incomes ofodors.
17. SELLERS RESPONSIBILITY.
The Seller shill carry on said work at Sellers own risk it the scone is fully completed and mceyand, find shall,
in case of my accident, destruction or injury to she work stupor materials before Sellers JI 1 completion suit
sompance, complete the work an Sellers awn expense mad to the sa isfn lion of the Purchmer. When matmals
sad equipment are furnished by others for installation or erection by ft Seller, the Seller shall receive, unload,
stare and handle same at the site arl become raponsibte therefor M though such mau ials trial equipment
were being furnished by the Seller coder the older.
18. INSURANCE.
The Seller spilt, at his own expense, provide for the Wymenl of workers compemauon, including Occupational
disease benefits, to its employees employed on or in connection with the work eoverW by this purchase older,
mdtor to their dependents in mcordance with she laws of the state m which the work is to be done. The Seller
shall also carry crmprehassive general liability including, but Out limited W. contractual and aummobile public
liability moumnce with bodily injury and death limits of at ]east S300.000 for any one person, S500,00o for any
one accident and jmpedy damage limit per accident of S400,000. The Seller shall likewise tarmac his
if any, to provide for such mmpemation and insurance. Before any of the Sellers or his contractors
employees shall do any walk upon the premises of ofcts, the Seller shell fumuh the Purchases with coninents
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the dale when such compensation
and insurance expires. The Seiler agrees that such compensation and insurance shall be maintained unit ami the
course work is completed and mceprd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury army kind
r nature whatsoever to persons or propmy caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith, The Seller will indemnify and hold harmless the Purchaser and any
cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
harges expect whether direct or indirect, and whether to pensionsor property to which the Purchases may
be put orsubject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractor, or any of the Sellers or ontractors officers, agents or employees. In case any suit or other
proceedings shall be brought .,.last the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, emission or default of the Seller of any of his contractors or any of its or
their oRcem, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, he 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 any of its or Their officer,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchases, or said parries in or M a result radiants suits or other proceedings,
the Seller will at once comae the same to b, dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall hake all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Healf Act of 1970 and all rules and regulations issued pnrsumt therclo.
Revised 03R010