HomeMy WebLinkAbout113278 KONE INC - PURCHASE ORDER - 9140574Fort Collins
PURCHASE ORDER
PO Number I Page
9140574 1 of 2
This number must appear
on all invoices, packing
slips and labels.
Date: 01/23/2014
Vendor: 113278 Ship To: OPERATIONS SERVICES
KONE INC CITY OF FORT COLLINS
3 IVERNESS DR EAST 300 Laporte Avenue
ENGLEWOOD CO 80112-5519 Building B
FORT COLLINS CO 80521
Delivery Date: 01/22/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Elevator maint1repair for 2014 1 LOT LS 24,960,00
Per Bid #7540
Please bill quarterly increments.
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
_Total $24,960.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 11. NON WAI VER.
98-04502. Federal raciu Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance or the semi and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39.26, 114 (a). ....rise any rights or comedies provided herein or by law, failure to promptly nes the Seller in the event of a
breach, the acceptance of or payanent for goods hereunder or eppmsal of she design, shall not release the Sel I" of
Goods Rejected. GOODS REJECTED due to failure to meet spnificatio., either ahem shipped or due to defects of any of the warranties or obligations of Nis purchase order eel shall nor be deemed a waiver crony right of the
damage in tmnsis, may be rtTurned to your far credit and me not to be replaced except upon receipt of written Purchaser to insist upon strict perfomomce hereofor any ofiss rights or remedies as to any such goods, regardless
inactions from the City of Fon Collins. of when shipped, received or accepted, as To my prior or subsequent default hereunder, nor shall my purposed
oral modification or resrissian of ibis purchau order by the Purchase operem . a waiver of any of the terms
Inspection. GOODS am subject to floe City effect Collins inspection on survival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment oa the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic prostice, merchargn resulting from assi mst
ACCEPTANCE is dependent upon completion ofall applicable required inspection procednrcs. violations arc in fact boric by the Purchase. Themmf , for good course and as co.idetation for executing this
purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tiaras. Shipments must be F.O.B., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, unless acquired under f2skrol or state antitrust Imes for such overcharges miring to the particular goods or sur irm
otherwise specified on this order. If permission is given to Macy freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant To This purchase order.
bill mint meompany invoice. Additional charges for parking will not be accrptN.
Sbipmtent Distance %Vhcm manufactures lure distributing points in various pans of the country, shipment is
expected from the unrest distribution point to destination, and excess freight will be deducted from Invoice when
shipments art made from great" distance.
Pemriu. Seller shall procure as sellers sole cast all necessary Peons ttnifcates and licenses sequitur] by tall
applicable laws, regulations, ordinances and as of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly can timted public authority having jurisdiction over the work
of vendor Scllrr further agrees to hold the City of Fort Collins harmless Gem and against It liability and loss
incurred by them by reason of an msened or established violation ofany such laws, regulntio., ordinances, rules
and requireme ms.
Authorization. All parties to this contract agree that the representitives are, in fact, bona fide aid possess full and
complete constancy to bind said parties.
LIMITATION OF 1'F.RMS. Ihis Pu chise Order esprcssly limits mecrpu ive to the ten. sad conditions staled
herein set funh mal any supplementary or additional trims and condiuens amexed hereto or incorporated herein by
reference. Any ndditiomal sr different teem and conditions proposed by sellcr err objected to and hereby rejected.
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENT immediately ifyou cannot nuke complete shipment to arrive on your
promised delivery dam. noted Time is of the essence Delivery and Performance mnst be effected within the limr
stated on the purchase order and the ducuments attached hereto. No acts of the Purchasers including, without
limitation, acccparce of partial late deliveries, shill opurme as a uaivcr of this prevision. In the cleat of any delay,
the Purchaser shall have. in addition mother 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 causes not mosovbly foreseeable which am beyoml its reasonable caintml sad widhoul its fault of negligence,
such acts of Gad. acs of civil or military authorities, governmental priorities, furs, strikes, flood. epidemics, wars car
riots provided that notice of the conditions causing such delay is given re the Purchaser within five (5) days of the
tine vvbun the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller mounts shot ell goods, articles. materials and work covered by this order will conform with applicable
drawings. specification, samples and/or other descriptions given, will be fit for the purposes intended• and
performed with the highest degree of are and competence in accordance with accepted standards for "tit of a
similar ¢dare. The Seller agrees to hold the Purchaser harmless from my lass, damage or expense which the
Parclvaser troy suffer or incur on meoont of the Sellers breach of aarmnry. The Seller shall roplacc, repair cr.sake
good, without cost to the purchaser, my defects or faults arising within am (1) year or within such longer period of
titnc es may be pmesrribed by law or by the terms of any applicable warmanty provided by the Seller after the date of
acceptance of the goads famished herturdm (acceptance not to be unreasonably delayed), resulting fmm imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goa& by the Purchaser shell rat
constitute a waiver of any claim order this warranty. Except. otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages pmainsuely caused by the breach of any of the foregoing wasmmies
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IhIPLI ED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pwchmer may mike changes to legal arms by wrinm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any ch ages to she rams, other than legal tram, including additions to at deletions from
the quantities originally ordered in star speri0eatians or drawings, by .cabal or written change ostler. If any nab
flange affcets the amount doe or the time of arfoormace Ittedral r, m equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement in to any or nil pcmaim of the
goods then not Shipped, subject to any equitable adjustment helween the Parties as to any work or materials then in
progress provided that the Purchaser shall tot be liable for my claims for mticipared profits on the uacampleted
portion of the goads matter worst, for incidental or consequential damages, and that an such adjustment be made in
favor of the Seller with respect to my goods which on, the Sellers standnd stack. No such temunaion $loll relieve
the pmetuaser or the Steller army of their obligmioru as so any goods delivered hereutde.
7. CLAIMS FOR ADJUSTMENT.
Any claim for edj.tmem most be sa scncd within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goads said hereunder shall have been produced, sold, delivered and furnished in laid
compliance wish all applicable laws and mgulations to uhich the goods are subject. The Seller shall execute and
deliver such documents. may be required to effect or evidence compliance. All Laws and regulations required to he
incorporated in aspeements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchase hasmless from all costs and damages suffered by the Purei me, as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, bons¢ r, or convey this order, or my monies due or to become due hereunder without the
prior wrinm cautions of the other party.
10. TITLE
The Seller warants full• clear, and unrestricted do, to the purchaser for all equipment. materiels, and items famished
in perfatmaroc of this agre"nens free and clear of any and all lie.• restrictions resenatiom. =only interest
encumbrancesand claims ofod .
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
I f the Purchaser directs the Seller to camel nonmnfarming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller IhereaRec indicates its inability or unwillingness to comply, the Purchaser
may came the work to be performed by the most expeditious means available to it, and the Seller shall pay ell
crisis associated with such work.
The Seller shall release the Purchaser and its contractors of any tier (rum all liability and claims of any comm
resuhing from the perforsnancr ofsuch cask.
This release slsoll apply even in the event of fadi of negligence of the party released and shall extend to the
directors, n0icers mud employces of such pony.
the Sel)er's eunmmtu:J ol1i,mani, including warranty, shall not he deemed to he reduced, in any wary, because
such work is performed or caused to be perfutmed by the Purchaser.
14. PATENT S.
Whenever the Seller is required to aSC any design, device, mamma or process covered by IcUcq patent, trademark
or copyright, the Seller shall indemnify and save harmless the Ptsmhasm from any and aft claims for infringement
by ma an of the use of such patented design, device, material or process in comecdon with the contract. and
shall indemnify the Purchaaer I'or any cost, expenu or damage which it may be obliged to pay by mown of such
infringemcm at any time during the prosecution or after the completion of [be work. In cuse said equipment, or
any pan Thereof or the intended use of the goods, is in such suit held to co.timse infringement and the use of
said equipment or part is enjoined, she Seller shall, at its own expense and at its option, either procure for the
Parch:scr the right to continue using said equipment or pans, replace the same with substmtially equal but
noninhinging equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY,
If The Scll" shall because insolvent or bankrupt, make on aligns for the benefit of creditors, appoint a
receiver en trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions arm. used or The interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of die State orColomdo, USA.
The following Additional Conditions apply only in eases where the Sell" is to perform work hneunde ,
including the services ofSelless ReprescnutivHs), on the premises, of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellds own risk mtit the same is fully complaed and accepted, and shall,
in ease of any accident, destruction or injury to the work orwos mazerials before Seueh Trwl completion and
acceptance, complete the work at Sidlefs own expertsm, and to the satisfaction of the Purchases. When materials
and equipment am f iaheJ by others for insti0adon or erection by the Seller, the Seller shall receive, railroad,
sore and handle some at the site and became responsible therefor . though such materials andror equipment
were being famished by the Sella under the ortkr.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment ofworkers compensation. including occupational
disease benefits, to its curployces employed on or in connection with the work covered by this purchase order,
and/or to their depemlenis in accordance with tin laws of the state in which the work is to be done. The Seller
shaft aim carry mmpmhcnivc general liability including. but not limited to, contractual and nutomobile public
liabiliy insomae wish Ixsdily injury and death limits of at least S3O0,o0o for any rim person. S500j1mn far any
rc accident and property dunage limit per accident of 5400,000. The Seller shall likewise require his
conscious.., if tray, so provide for such canspe.alion and insurance. Heron any of the Sellers or his contractors
employers slull it, any work upon the manises of others, the Seller shall femish the Purchaser with a cediGcme
thm such compensation and i.umnee have been provided. Such cenifieda shall specify the date when such
cempe.atiun and insu.mec have been provided. Such ecnificat" shall specify the done when such eompesadom
and immorm cxpina. l'bc Seller agrees that such compensation and insurance shall be naimained until amen the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire sesponsibility mad liability library and all damage, loss or injury army, kind
or nature whotsoever to persons or property caused by or smarting from rise execution of the work provided for in
this purchase order or in connection herewith. The Seller will indenmify and hold lanatess the Purchase mad any
or all of the Purcl ssers officers, agents and employees from and against any and all claims, losses, damages.
charges or e-xpcnses whether dism or indirect, and whether to prison, or property to which the Purclusa may
be put or subject by reason of my mr, action, neglect, emission or default on the pan of the Sella, any of his
contractors, or my of the Sellers or contmnou effects, agents or cmployets. In case any suit or other
proceedings shall be brought against the Purchaser, or its oBicoms, agents or employees at any time an accounl or
by reason of my act, action, neglect, 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 ogees to assume the defense Thereof and To
defend The same at the Sellers own expense, to pay any and all costs, changes, "tomeys fees and other expenses,
any and all judgments that may M 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 case judgment or other lien be placed upon or
obtained against the property critic Purchaser, or said parties in or as a result of such suits or other proceedings
the Seller will at onto cause the same to be dissolved and discharged by giving band or otherwise. The Sell" and
his contractors shall take all safety precautia., furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard so sodery, including. but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regularions issued Pasant thereto.
Revised 03/2010