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HomeMy WebLinkAbout129729 EXODUS MOVING & STORAGE INC - PURCHASE ORDER - 9142514Fort Collins Date: 05/06/2014 PURCHASE ORDER Vendor: 129729 EXODUS MOVING & STORAGE INC 1730 E PROSPECT RD SUITE 102 FORT COLLINS CO 80525 PO Number Page 9142514 1o1`2 This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 05/05/2014 Buyer: DAVID CAREY 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 MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quanntityr UOM Unit Price Extended 1 APP Piano Moves 2014-2015 As Requested Art in Public Places (APP). 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 Total Invoice Address: 7,150.00 150.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIALDETAIIS. IL NON WAIVER. Tax exemptions. By suede the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is 98-04502, Federal Excise Iax Exemption Cenircam of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). any rights or remedies provide herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or psymem for Bards hereunder or approval ofthe design, shall not release the Seller of Goods Rejected GOODS REJECTED doe to failure 10 meet specificatiom, either when shipped or due 10 defets of any of the countries or obligations of this purchase order and shall not ke deemed a waiver of any right of the damage in transit, day be must to you for credit and are not to be replaced except upon raeip, of written Purchaser w insist upon inner peffomtance murder any of its rights or remdies as 10 any such goods, rebardls imtmcuom from the City ofFort Collins. of when shipped, reeeivM or accepted, as m any prior se subsequent default hereunder, nor shall any puryoncd oral modification or rescission of this pmebase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject m the City effort Collins inspection on anivid hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, amhay oriced pment oa the pan of the City of of Collins. However, it is to be understood thatFINAL Seller and the Purchaser recogn¢e that in actual economic pmclice, o erchign, resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable restrictedrestrictedinspection procedures. violations are in faro home by the Purchaser. 'llreretoforefor good cause and as consideration for execding this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Term. Shipments must be F.O.B., City of Pan Collins, Too Wood St, Fort Collins, CO 80522, unless mquird under federal or shoe .,,coal laws for such overcharges relating to the particular goods or services otherwise specified on this order. If, a achoion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursmm to this purchase order. bill most accompany invoice. Additional charges for picking will not be accepted. Shipment Divorce. Where ..at... have dicardamm, points in various pans of the country, shipment is expected from the nearest distfibodm point to deduction, and excess freight will be ddmld from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, reorient. and firmer required by all applicable laws, regulotions, ordinances and rules of the star, arum, paliry, mourn, or political sudivisimn where the work is performed, or required by any other duly cansaimed public nnl oily having jamdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins b.l,. foam and ,at. all liability and loss incurred by ahem by reason of an asserted or established victim. of my such laws, regulations, midinmces, roles and requirements. Anthracitic.. All pion. to this contrail agree rho the reprtsenddives am, in fact, bow fide aml possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance do he terms and conditions stated herein or forth and any mpplemenury or additional Icmrs and conditions annexed hereto or incorporated herein by morence. Any additioell err different I,— and condilions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immNiamly if you cannot make complete shipment in attire on your promised delivery date as timed. Time is of the eaance. Delivery and performance mtui be effected within the time staled on the purchase order and the documents ruche herein. No acts of the Purchasers including, without limitation, acceptance of partial late delivenes, shall opmrd, as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable ranedies, the option of planing he, 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 causes rim re iscnably foreseeable xhich ore beyond its reasonable control and without its fault of negligence, such acts of God, act ol'civil or military authorities, governmental pfca ma, fire, strikes, Road, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therelf. In the event of my such delay, the date of delivery shall be extended for the period cgml to the time acridly lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goad, articles, materials and work covered by this order will conform with applicable drawings, specification, samples mdlor other descriptions given, will be fit for the purposes intender, and performer with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may super or incur oa e,.an, of he Sellers breach of warrenty. The Seller skill replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the to= of any applicable warranty provided by the Seller after the date of acceptance of the goods fumishd hereunder (acceptance tot to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by die Seller. Acceptance or use of goods by the Purchaser shall not omtimre a waiver ofmy claim under, this warranty. Except m otherwise provided in this purchase order, the Sellers liability berennder shall extend to all damages proximately emord by the breach of any of doe foregoing wanamies or guimntecs, bun such liability skill in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Producer may make changes to legal temp by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any chores to the names. other dean legal terms, including additions do or deletion from the gweriti. campoilly ode" in the specifications or drawings, by verbal or written change order. If any such change shreds the amount due orthe time Ofperformmtt hereunder, an equitable adjustment shall be nude. 6. TERMINATIONS. The Purchaser may a1 any time by written change ceder, mercantile this agreement as to any or all Famous of the goad then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress provided Ghat the Purchaser shall not be liable for any claims for anticipated profits oa the unco npleted portion of the good awAR work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall reli.x ale Purchaser or the Sella ofmy of their obligate. as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (3R) days from the dam the change or mrmimtion is ordered. 8. COMPLIANCE W CHI LAW. The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and re,dwiom to which the goods are subject. The Seller shall execute and deliver such documents as may he required m effect or evidence compliamus. All laws and ambitious required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agree to indemnify and hold the Pumh harmless form all costs aM damages suffered by toe Purchaser as a result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the ,riot written consent of the other party. 10. TITLE. The Seller wonants full, clear and um.tncted title to the Purchaser for all equipment, materials, and items famished in Performance of this agreement, five aclear of my aiall liens, remierm io, reservations, security interest mcumboure. M d and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defcetive goods by a date on be agreed upon by the Purchaser and the Sell, and the Seller thereafter indicates its inability or unwillingness to comply, the Painful may cause the work m be performed by the mast expedition me— available to it, and the Seller shall pay all coos meocialed with such work. The Seller shall release the Purchaser and its contractors of any lie, from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers del employees ofsuch party. The Sellers contractml obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is Performed or caused to be Performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, Talent, trademark or copyright, the Sella skill indemnify and save harmless the Purchaser from my and all claims for infingemenl by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expeme or damage which it may be m1igM to pay by reason ofsuch infringement many time during the prosecution or alter the completion of the work. In eat said equipment, or any loan thereof or the intended me of the goods, is in such suit held to conestium infringemnt and the use of said equipment or pm is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right m continue using said equipment or pans, replace the same with subsdntially equal but noninfringing equipment, of modify it so it becomes contributing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any ofthe Sellers property or business, his order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of temas rased or the interpretation ofthe agreement and the rights of all panics hereunder shall be communist under and loomed by the laws ofthe State of Coloade. USA. The following Additional Conditions apply only in cases where the Seller is to perfoma work hereunder, including the services of Sellers Reprtsentudivid d, on the premises of athers. 17. SELLERS RESPONSIBILITY. no Sell,, shall tarty an said work to Seller's own risk mail the same is fully completd and rumpled, and shall, in cat of any accident, destruction or injury to the work annllor mdenals bef Sellers final completion and acceptance, complete the wool: at Sellers own expense and to the satisfaction of the Purchaser When mmeriats and equipment am fumished by others for installation or erection by the Sethi, the Seller shall receive, unload, stare and handle same an the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I S. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed an or in connection with the work covered by this purchase order, wife, to their defendrnts in ..&are with the laws of the .to in which the work is m ke don,. The Seller shall also carry comprehenive general liability including, but nos limited to, contractual and mmmobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his mtmcmrs, if any, to provide for such compensation and urcurance. Before tiny of the Sellers or his commcron employees shall do any work upon the parriesici of others, the Seller shall famish the Purchaser with a cenificam Nat such coulpmcorm and insurance have been provided. Such certificates shall specify the due when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work Is completed and accepter. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby rostrums the noire responsibility and liability far any aM all damage, loss or injury of any kind or wture whosoever to pecans or profs ty caused by or resulting been He execution ofthe wmk provided for in this purchase order or in connection herewith. The Seller will indemnify and hold bacmless the Penchant and my cr all of the Productofficers, agents and employees from and against any and all claims, losses. damages, harge or expenses,whether direct or indirect, and whether to persons or proprny 10 which the Purchaser may be per or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors olrcem, agents or employees In ves, any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act. action, W,dmI. omission or default of the Seller of any of bus contractors or any of its or their Officers, agents err employees as aforesaid, the Seller hereby agree ur ustme the defame thereof and m defend the sum at the Sellers own expense, to pay my and all costs, charges, otomeys fees and other espouses, my and all judgments that may be incurred by or churned against the Purchaser or any of its or Him, aficurs, agents or employees in such suits or other proceedings, and in case judgment or other lien bet placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once taut the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, f ish and instill all gum& necessary for 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 pules and regulations issued Ranked themo. Revised EL2010