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HomeMy WebLinkAbout111775 KUBAT EQUIPMENT AND SERVICE CO. - CONTRACT - AGREEMENT MISC - MISC AGREEMENT 2022 - KUBAT EQUIPMENT AND SERVICEOfficial Purchasing Document Last updated 7/19/2022 Services Agreement Kubat Equipment & Services Co. - 2022 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and KUBAT EQUIPMENT AND SERVICE CO., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1.Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of six (6) pages and incorporated herein by this reference. 2.Contract Period. This Agreement shall commence July 25, 2022, and shall continue in full force and effect until October 31, 2022, unless sooner terminated as herein provided. 3.Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 4.Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: Service Provider: City: Kubat Equipment & Service Co. Attn: Craig Hoyer 1070 S. Galapago St. Denver, CO 80223 choyer@kubatequip.com City of Fort Collins Attn: Shane Armfield PO Box 580 Fort Collins, CO 80522 sarmfield@fcgov.com Copy to: City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com Page 1 of 14 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Official Purchasing Document Last updated 7/19/2022 Services Agreement Kubat Equipment & Services Co. - 2022 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 5.Compensation. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Seventeen Thousand Five Hundred Sixty Five Dollars ($17,565.00) as per the attached Exhibit A, consisting of six (6) pages and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 6.Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 7.City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8.Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9.Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the Page 2 of 14 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Official Purchasing Document Last updated 7/19/2022 Services Agreement Kubat Equipment & Services Co. - 2022 City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 10.Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11.Warranty. a.Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b.Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c.Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period, the longer of; i.) The original manufacturer’s warranty term; or ii.) beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Service Provider in a manner and at a time acceptable to City. 12.Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13.Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14.Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said Page 3 of 14 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Official Purchasing Document Last updated 7/19/2022 Services Agreement Kubat Equipment & Services Co. - 2022 parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 15.Indemnity/Insurance. a.The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b.The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c.Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16.Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17.Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a Page 4 of 14 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Official Purchasing Document Last updated 7/19/2022 Services Agreement Kubat Equipment & Services Co. - 2022 person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 18.Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 19.Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 20.Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C - Confidentiality, consisting of one (1) page, attached hereto, and incorporated herein by this reference. [Signature Page Follows] Page 5 of 14 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Official Purchasing Document Last updated 7/19/2022 Services Agreement Kubat Equipment & Services Co. - 2022 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: Kubat Equipment & Service Co. By: Printed: Title: Date: Page 6 of 14 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB 8/22/2022 Craig Hoyer Vice President Assistant City Attorney 8/23/2022 City Clerk Project Quote Quote Nbr.:PQ001272 Quote Date:6/27/2022 Sales Person:RUSSELL HADDOCK Reference:FMU UPGRADE-2 SITES Customer:FORT COLLINS, CITY OF Quoted To:Project Quoted: FORT COLLINS, CITY OF Phone: (970) 221-6612 PO Box 580 FORT COLLINS, CO 80522-0580 3156 S Overland Trail FORT COLLINS, CITY OF 3156 Overland Trail Fort Collins, CO, 80526 **************************************************************************************************************************************************************************************** PLEASE NOTE: DUE TO INCREASING MATERIAL PRICING, FREIGHT COSTS AND MARKET VOLATILITY, THIS QUOTATION IS VALID FOR 7 DAYS. ALL PRICING SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. SURCHARGES AND TARIFFS ON MATERIAL, FUEL & FREIGHT MAY APPLY BASED ON MANUFACTURER IMPLEMENTATION. ANY ADDITIONAL OR CHANGE IN SURCHAGE/TARIFF RATES AND MATERIAL PRICING WILL BE ITEMIZED ON THE INVOICE. ALL FREIGHT CHARGES ARE ESTIMATED AND SUBJECT TO CHANGE UPON INVOICE OF SHIPMENT BY OUR VENDORS. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - THANK YOU FOR GIVING KUBAT EQUIPMENT AND SERVICE COMPANY THE OPPORTUNITY TO SUPPLY THE FOLLOWING ESTIMATE AND SCOPE OF WORK. - - - - - - - - - - - - - - - NOTE: QUOTE IS TO UPGRAD EXISTING FMU UNIT WITH WIRELESS CONNECTION AND AIM CAPABILITIES. - - - - - - - - - - - - - - - KUBAT WILL. --- MOBILIZE TO SITE WITH QUOTED EQUIPMENT - CERTIFIED ELECTRICIAN WILL DISCONNECT POWER TO THE FUEL SYSTEM (LOCK/OUT-TAG/OUT) - REMOVE EXISTING FMU HEAD UNIT OFF OF EXISTING PEDESTAL AND DISPOSE OF - SUPPLY/INSTALL NEW UPGRADED FMU-HEAD UNIT WITH AIM CAPABILITY ON EXISTING PEDESTAL - SUPPLY/INSTALL A NEW WIRELESS ANTENNA (TRANSMITTER) ON A NEW MAST AND INSTALL NEXT TO THE NEW FMU HEAD UNIT TO ALLOW ADEQUATE LINE OF SITE TO THE BUILDING AND MAKE CONNECTIONS AT THE FMU PEDESTAL. - SUPPLY/INSTALL A NEW WIRELESS ANTENNA (RECEIVER) AT THE BUILDING TO COMPLETE ADEQUATE LINE OF SITE TO THE FMU SYSTEM AND THE WIRELESS TRANSMITTER. - RUN NEW CABLE FROM WIRELESS RECEIVER TO THE CUSTOMERS NETWORK CONNECTION TO ALLOW OFF SITE ACCESS TO THE FMU UNIT AS NEEDED. NOTE: ESTIMATE ASSUMES CABLE WILL NOT EXCEED 100' FROM WIRELESS RECEIVER TO CUSTOMERS NETWORK CONNECTION IN THE BUILDING. NOTE: ESTIMATE ASSUMES ABOVE GROUND CONDUIT/s WILL NOT BE NEEDED FOR WIRELESS CABLING AT THE BUILDING TO THE NETWORK CONNECTION. - CONFIRM ALL CONNECTIONS ARE COMPLETED FOR THE COMPLETE WIRELESS EQUIPMENT TO INCLUDE THE NETWORK - SUPPLY/INSTALL NOZZLE TAGS ON EXISTING FUEL NOZZLES NOTE: KUBAT ASSUMES SITE TO HAVE THREE (3) NOZZLES ONLY ON SITE AND ESTIMATE REFLECTS THIS ASSUMPTION. - START UP NEW FMU HEAD UNIT AND TEST FUNCTIONALITY WITH CUSTOMER. EXHIBIT A SCOPE OF SERVICES Page 7 of 14Services Agreement Kubat Equipment & Services Co. - 2022 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Project Quote Quote Nbr.:PQ001272 Quote Date:6/27/2022 Sales Person:RUSSELL HADDOCK Reference:FMU UPGRADE-2 SITES Customer:FORT COLLINS, CITY OF Quoted To:Project Quoted: FORT COLLINS, CITY OF Phone: (970) 221-6612 PO Box 580 FORT COLLINS, CO 80522-0580 3156 S Overland Trail FORT COLLINS, CITY OF 3156 Overland Trail Fort Collins, CO, 80526 - CONFIRM CUSTOMER SEES USAGE OF NEW SYSTEM THROUGH THE NETWORK ACCORDINGLY - CLEAN UP MATERIAL/DEBRIS FROM KUBATS SCOPE OF WORK AND DISPOSE OF ************************************************************************************* THIS QUOTE EXCLUDES THE FOLLOWING. - ANY WORK/MATERIALS NOT QUOTED IN KUBATS SCOPE OF WORK - REPAIR/REPLACEMENT TO EXISITNG DISPENSERS AND/OR HANGING HARDWARE - REPAIR/REPLACEMENT TO EXISTING PULSERS - REPAIR/REPLACEMENT TO EXISITNG CONDUITS AND POWER CABLING - NETWORK CONNECTION IN THE BUILDING - AIM KITS NOTE: NEW FMU HEAD WILL BE SET UP FOR AIM CAPABILITY ONLY - ABOVE GROUND CONDUITS AT THE BUILDING TO THE NETWORK CONNECTION. NOTE: KUBAT ASSUMES WIRELESS RECEIVER CABLE TO EXTEND NO FURTHER THEN 100' FROM THE ANTENNA TO THE NETWORK CONNECTION AND WILL NOT REQUIRE ANY CONDUITS. NO.ITEM DESCRIPTION QTY.UOM PRICE AMOUNT 1 FUEL MGMT SYSTEM #3 LGUPGRD-LRU-DOOR-AIM 1.00 EA 3,292.00 3,292.00 2 FUEL MGMT SYSTEM #4 941H0231 1.00 EA 567.00 567.00 3 FUEL MGMT SYSTEM #5 NOZZLE TAGS 3.00 EA 81.00 243.00 4 FUEL MGMT SYSTEM #6 900 MHZ ANTENNA KIT, TAN 1.00 EA 338.00 338.00 5 FUEL MGMT SYSTEM #7 FMU, BOARD, AIM2 RADIO INTERFACE 1.00 EA 896.00 896.00 6 PROJ INB FREIGHT-SYN- TECH FMU UPGRADE/WIRELESS BRIDGE FRT 1.00 EA 153.00 153.00 7 PROJ ELEC MATERIAL Project Electrical Material 1.00 EA 200.00 200.00 8 PROJ ELEC LABOR Electrical Labor - Projects 1.00 EA 1,200.00 1,200.00 Continued...Page 2 of 4Page 8 of 14Services Agreement Kubat Equipment & Services Co. - 2022 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Project Quote Quote Nbr.:PQ001272 Quote Date:6/27/2022 Sales Person:RUSSELL HADDOCK Reference:FMU UPGRADE-2 SITES Customer:FORT COLLINS, CITY OF Quoted To:Project Quoted: FORT COLLINS, CITY OF Phone: (970) 221-6612 PO Box 580 FORT COLLINS, CO 80522-0580 3156 S Overland Trail FORT COLLINS, CITY OF 3156 Overland Trail Fort Collins, CO, 80526 NO.ITEM DESCRIPTION QTY.UOM PRICE AMOUNT 9 PROJ MISC STEEL FITTINGS PIPE/FITTINGS FOR WIRELESS MAST 1.00 EA 200.00 200.00 10 K1070E Shop Supplies 1.00 EA 5.00 5.00 11 NTI Non-Taxable Install Assembly 1.00 EA 1,729.00 1,729.00 ***Please see attached terms and conditions which are a part of this quote.*** Quote Total 8,823.00 Tax Total 0.00Customer Signature:Total 8,823.00 Printed Name: Continued...Page 3 of 4Page 9 of 14Services Agreement Kubat Equipment & Services Co. - 2022 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Project Quote Quote Nbr.:PQ001273 Quote Date:6/27/2022 Sales Person:RUSSELL HADDOCK Reference:FMU UPGRADE AT 2 SITES Customer:FORT COLLINS, CITY OF Quoted To:Project Quoted: FORT COLLINS, CITY OF Phone: (970) 221-6612 PO Box 580 FORT COLLINS, CO 80522-0580 413 S Bryan Ave FORT COLLINS, CITY OF 413 S Bryan Ave Fort Collins, CO, 80521-2328 **************************************************************************************************************************************************************************************** PLEASE NOTE: DUE TO INCREASING MATERIAL PRICING, FREIGHT COSTS AND MARKET VOLATILITY, THIS QUOTATION IS VALID FOR 7 DAYS. ALL PRICING SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. SURCHARGES AND TARIFFS ON MATERIAL, FUEL & FREIGHT MAY APPLY BASED ON MANUFACTURER IMPLEMENTATION. ANY ADDITIONAL OR CHANGE IN SURCHAGE/TARIFF RATES AND MATERIAL PRICING WILL BE ITEMIZED ON THE INVOICE. ALL FREIGHT CHARGES ARE ESTIMATED AND SUBJECT TO CHANGE UPON INVOICE OF SHIPMENT BY OUR VENDORS. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - THANK YOU FOR GIVING KUBAT EQUIPMENT AND SERVICE COMPANY THE OPPORTUNITY TO SUPPLY THE FOLLOWING ESTIMATE AND SCOPE OF WORK. - - - - - - - - - - - - - - - NOTE: QUOTE IS TO UPGRADE EXISTING FMU UNIT WITH WIRELESS CONNECTION AND AIM CAPABILITIES. - - - - - - - - - - - - - - - KUBAT WILL. - - - MOBILIZE TO SITE WITH QUOTED EQUIPMENT - CERTIFIED ELECTRICIAN WILL DISCONNECT POWER TO THE FUEL SYSTEM (LOCK/OUT-TAG/OUT) - REMOVE EXISTING FMU HEAD UNIT OFF OF EXISTING PEDESTAL AND DISPOSE OF - SUPPLY/INSTALL NEW UPGRADED FMU-HEAD UNIT WITH AIM CAPABILITY ON EXISTING PEDESTAL - SUPPLY/INSTALL A NEW WIRELESS ANTENNA (TRANSMITTER) ON A NEW MAST AND INSTALL NEXT TO THE NEW FMU HEAD UNIT TO ALLOW ADEQUATE LINE OF SITE TO THE BUILDING AND MAKE CONNECTIONS AT THE FMU PEDESTAL. - SUPPLY/INSTALL A NEW WIRELESS ANTENNA (RECEIVER) AT THE BUILDING TO COMPLETE ADEQUATE LINE OF SITE TO THE FMU SYSTEM AND THE WIRELESS TRANSMITTER. - RUN NEW CABLE FROM WIRELESS RECEIVER TO THE CUSTOMERS NETWORK CONNECTION TO ALLOW OFF SITE ACCESS TO THE FMU UNIT AS NEEDED. NOTE: ESTIMATE ASSUMES CABLE WILL NOT EXCEED 100' FROM WIRELESS RECEIVER TO CUSTOMERS NETWORK CONNECTION IN THE BUILDING. NOTE: ESTIMATE ASSUMES ABOVE GROUND CONDUIT/s WILL NOT BE NEEDED FOR WIRELESS CABLING AT THE BUILDING TO THE NETWORK CONNECTION. - CONFIRM ALL CONNECTIONS ARE COMPLETED FOR THE COMPLETE WIRELESS EQUIPMENT TO INCLUDE THE NETWORK - SUPPLY/INSTALL NOZZLE TAGS ON EXISTING FUEL NOZZLES NOTE: KUBAT ASSUMES SITE TO HAVE THREE (3) NOZZLES ONLY ON SITE AND ESTIMATE REFLECTS THIS ASSUMPTION. - START UP NEW FMU HEAD UNIT AND TEST FUNCTIONALITY WITH CUSTOMER.Page 10 of 14Services Agreement Kubat Equipment & Services Co. - 2022 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Project Quote Quote Nbr.:PQ001273 Quote Date:6/27/2022 Sales Person:RUSSELL HADDOCK Reference:FMU UPGRADE AT 2 SITES Customer:FORT COLLINS, CITY OF Quoted To:Project Quoted: FORT COLLINS, CITY OF Phone: (970) 221-6612 PO Box 580 FORT COLLINS, CO 80522-0580 413 S Bryan Ave FORT COLLINS, CITY OF 413 S Bryan Ave Fort Collins, CO, 80521-2328 - CONFIRM CUSTOMER SEES USAGE OF NEW SYSTEM THROUGH THE NETWORK ACCORDINGLY - CLEAN UP MATERIAL/DEBRIS FROM KUBATS SCOPE OF WORK AND DISPOSE OF ************************************************************************************* THIS QUOTE EXCLUDES THE FOLLOWING. - ANY WORK/MATERIALS NOT QUOTED IN KUBATS SCOPE OF WORK - REPAIR/REPLACEMENT TO EXISITNG DISPENSERS AND/OR HANGING HARDWARE - REPAIR/REPLACEMENT TO EXISTING PULSERS - REPAIR/REPLACEMENT TO EXISITNG CONDUITS AND POWER CABLING - NETWORK CONNECTION IN THE BUILDING - AIM KITS NOTE: NEW FMU HEAD WILL BE SET UP FOR AIM CAPABILITY ONLY - ABOVE GROUND CONDUITS AT THE BUILDING TO THE NETWORK CONNECTION. NOTE: KUBAT ASSUMES WIRELESS RECEIVER CABLE TO EXTEND NO FURTHER THEN 100' FROM THE ANTENNA TO THE NETWORK CONNECTION AND WILL NOT REQUIRE ANY CONDUITS. NO.ITEM DESCRIPTION QTY.UOM PRICE AMOUNT 1 FUEL MGMT SYSTEM #3 LGUPGRD-LRU-DOOR-AIM 1.00 EA 3,292.00 3,292.00 2 FUEL MGMT SYSTEM #4 941H0231 1.00 EA 567.00 567.00 3 FUEL MGMT SYSTEM #5 NOZZLE TAGS 2.00 EA 81.00 162.00 4 FUEL MGMT SYSTEM #6 900 MHZ ANTENNA KIT, TAN 1.00 EA 338.00 338.00 5 FUEL MGMT SYSTEM #7 FMU, BOARD, AIM2 RADIO INTERFACE 1.00 EA 896.00 896.00 6 PROJ INB FREIGHT-SYN- TECH FMU UPGRADE/WIRELESS BRIDGE FRT 1.00 EA 153.00 153.00 7 PROJ ELEC MATERIAL Project Electrical Material 1.00 EA 200.00 200.00 8 PROJ ELEC LABOR Electrical Labor - Projects 1.00 EA 1,200.00 1,200.00 Continued...Page 2 of 4Page 11 of 14Services Agreement Kubat Equipment & Services Co. - 2022 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Project Quote Quote Nbr.:PQ001273 Quote Date:6/27/2022 Sales Person:RUSSELL HADDOCK Reference:FMU UPGRADE AT 2 SITES Customer:FORT COLLINS, CITY OF Quoted To:Project Quoted: FORT COLLINS, CITY OF Phone: (970) 221-6612 PO Box 580 FORT COLLINS, CO 80522-0580 413 S Bryan Ave FORT COLLINS, CITY OF 413 S Bryan Ave Fort Collins, CO, 80521-2328 NO.ITEM DESCRIPTION QTY.UOM PRICE AMOUNT 9 PROJ MISC STEEL FITTINGS PIPE/FITTINGS FOR WIRELESS MAST 1.00 EA 200.00 200.00 10 K1070E Shop Supplies 1.00 EA 5.00 5.00 11 NTI Non-Taxable Install Assembly 1.00 EA 1,729.00 1,729.00 ***Please see attached terms and conditions which are a part of this quote.*** Quote Total 8,742.00 Tax Total 0.00Customer Signature:Total 8,742.00 Printed Name: Continued...Page 3 of 4Page 12 of 14 Services Agreement Kubat Equipment & Services Co. - 2022 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Official Purchasing Document Last updated 7/19/2022 Services Agreement Kubat Equipment & Services Co. - 2022 EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A.Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B.General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C.Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Page 13 of 14 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB Official Purchasing Document Last updated 7/19/2022 Services Agreement Kubat Equipment & Services Co. - 2022 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Page 14 of 14 DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 kctsu@lockton.com D&H UNITED FUELING SOLUTIONS, INC. KUBAT EQUIPMENT & SERVICE CO., INC. 12100 CROWN POINTE DRIVE, STE 110 SAN ANTONIO TX 78233-5366 Colony Insurance Company 39993 Zurich American Insurance Company 16535 X X 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 X X X 2,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X 10,000,000 10,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 A 3919220-02 8/7/2022 8/7/2023 B PACE303737 8/7/2022 8/7/2023 B EXC303738 8/7/2022 8/7/2023 A 3919219-02 8/7/2022 8/7/2023 8/7/2023 1491508 Y N Y N N N N 7/28/2022 18257745 18257745 XXXXXXX CITY OF FORT COLLINS PO Box 580 FORT COLLINS CO 80522 CITY OF FORT COLLINS IS ADDITIONAL INSURED ON GENERAL LIABILITY AND AUTO LIABILITY, AS REQUIRED BY WRITTEN CONTRACT AND SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY X X DocuSign Envelope ID: 83A1254C-91B4-4936-8627-B7DA33164BEB