HomeMy WebLinkAbout111775 KUBAT EQUIPMENT AND SERVICE CO - PURCHASE ORDER - 9957271Date: 12/7/2009
City of
ort Collins
Page Number: 1
Purchase Order Number: 9957271
Delivery Date: 12/7/2009 Buyer: HUME,JAMES
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
--{�x &3 - 777 a 3a y
Line Qty/Units Description Extended Price
1 1 LOT
1 Lot
Provide all labor. materials &
equipment for the installing of two tanks and associated
dispensing for refueling at the Police Services Facility
per your quote #1014485-0000-01, dated 05/07/2009.
Total
City of Fort CgWinf Director of Purchasing and Risk Management
This order is niqValid over $5000 unless signed by James B. O'Neill II, CPPO
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
61,189.88
$61,189.88
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Nunaler is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. C'hapler 30-26. 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of
damage in transit, nary be returned to you for credit and are not to be replaced except upon receipt of written
instructions fiom the City of Foil Collins.
Inspection. GOODS ore subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services in equipment in response 11) this Order can result in authorized
payment on the pan of the City of Fort Collins. However, it is to be understood flint FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Tens. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fart Collins. CO 80522, unless
otherwise specified on this order. If permission is given to prepay freigln link[ charge separately, the original freight bill
must accompany invoice. Additional charges far packing will not Ix accepted.
Shipment Distance. When: manufScturers have distributing points in various parts ofthe cannily, shipment is expected
from the newest distribution point to destination, and excess freight will be deducted fioni Invoice when shipnments are
made If onn greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required bpadl applicable
laws, regulations, ordinances and tiles of the state, municipality, ten-itory tar political subdivision where the work is
performed. m required 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 liability and loss incuned by them by
reason of an asserted or established violation of any such laws, regulations. ordinances, rules and requirements.
Authorization. All parties to this contract agree that the iepiesentaives mc, in tact, bona tide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein
set forth and anysupplementny or additional tens and conditions annexed hereto tar incorporated herein byrefeience.
Any additional or different terns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivey and pertinmance nurSI be effected within the time
stated on the purchase order and the documents attached hereto. No acts of' tile Put chasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of nnydela v. the
Purchaser shall have, in addition to other legal and equitable remedies. the option of placing this order else ,,here and
holding the Seller liable for damages. However, the Seller shall not be liable fill damages as a result of delays due um
causes not reasonably foneseeable which are beyond its reasonable control and ieithnut its fault of negligence. such acts
of God, acts of civil or military authorities, governmental priorities, tires, sitikes, flood. epidemics, wars art riots
provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time
when the Seller first received knowledge thereof. In the event ofany 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 warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit Ibr the purposes intended, and pelf ruled
with the highest degree of care and competence in accordance with accepted sun izuds far work of a similar matte.
The Seller agrees to hold the purchaser harmless front any loss, damage or expense which the Purchase nrly salter tar
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 ( I ) year or within such longer period all inre as IImy be ill escited by
law or by the tents of any applicable warranty provided by the Seller :deer the dal ill' acceptance of the goods
famished hereunder (acceptance not to be unleasonably delayed), resulting fi oni inaperiect or de lee ive work clone or
materials fit at by the Seller. Acceptance or use of goods by they Pure hasci shall not constitute it waiver of any
claim under this waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall
extend to all damages proximately caused by the breach of any ofthe iowl.'uing waurauuies tar guarantees. but such
liability shall 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 Purchaser may nuke changes to legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tents, other than legal terns, including additions to or deletions fronithe
quantities originally ordered in the specifications or drawings, by verbal or wriuen change order. I f any such change
affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser nay at anytime by written change order, terminate this agreement as to any art all portions ofthe goads
then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress
provided that the ParchasCl-shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe
goods and/or work, for incidental or consequential damages. and that no such adjustment be made in favor ofthe Seller
with respect to any goods which are the Sellers standard stock. No such icrnlinaion shall relieve the Purchaser or the
Seller of any of their obligations as to any goods deliveted hereunder.
7. CLAIMS FOR ADJUSrNIENT.
Any claim for adjustment must be asserted within thirty (30) days font the date the change or tenninaiun is ordered.
8. COMPLIANCE WITH LAW.
The Seller vanints that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which thegoods are subject. The Seller shill execute and deliver
such documents as may be required to effect or evidence compliance. All laws and regulations required la be
incorporated in agreements of this character are hereby incorporated herein by this reterence. The Seller ngrees to
indemnify and hold the Purchaser hapless from all costs and danuges suffered by the Purchaser as a result ofthe
Sellers failure to con ply with such law.
If and only to the extent this [Agreement] constitutes a "sole source gowenment contract" within the meaning of
Article XXVIII of the Colorado Constitution ("Article XXV III•'), then the provisions of Section 15 ofArticle XXVIII
.ate hereby incorporated into this [Agreement]. In such a case. if the [C'ontiactor] of any other person who is
"contract holder" as defined in Section 2(4.5) ofArticle XXVIII intentionally violates Section 15 at Section 17(2) of
Article XXVIII, then the [Connector] agrees it shall be ineligible to hold allysole source government contact, or
public employment with the state of Colorado or any of its political subdivisions, dart three yeas.
9. ASSIGNMENT.
Neither patty shall assign, tiansfe. or convey this order. m any monies duc of to become duc hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller wanans full, clear and unrestricted title to the Purchaser for all equipment. nuterials, and items famished in
lie, It of this agreemmcut. free and clear of any and all liens. restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof. failure or delay to
exercise any rights m remedies provided herein m bylaw, faihare to promptly notify the Seller in the event of a breach,
the acceptance of or payment for eoods hereunder or approval of the design, shall not release the Seller of any of the
warranl ics or obligations of this purchase order and shall not be deemed a waiver o f any right of the purchaser to insist
upon strict performance hereof art any of its rights of remedies as to any such goods, regardless of when shipped,
received Or accepted, as to any prior at subsequent default hereunder, nor shall any purported oral modification at -
rescission otthis purchase order by the Purchaser operate as a waiver of any ofthe tents hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Selle and the Purchaser recognize that in actual economic practice, overcharges resulting front aitiutast violations arc
in fact borne by the Purchaser. I -heretofore, for good cause and as cunsidcrrtion for esecuting this purchase order, the
Scllcr hereby assigns to the Purchaser any and all claims it may now have tar hereafter acquired under federal of state
antitrust hmws lot such overcharges relating to the paticula goods or services purchased of acquired by the Purch sei
pursuMn Ill this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability m unwillingness to comply. the Purchaser niny
cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaser and its contractors of any tier font all liability and claims of any natu a resulting
from the pei lbnnance of such work.
This release shall apply even in the event of fault of negligence of the pnny released mid shall extend to the directors.
olliccis and employees al -such potty.
The Seller's contractual obligations, including vinanty, shall not be deemed to be reduced, in any way, because such
work is pci tin'nied or caused to be pei tbmictl by,the Pigehoscr.
14. PATENTS.
Whenever the Seller is required to use any design, device, material at process covered by letter, patent, trademark or
copyright. the Seller shall indeninity and save harmless the Purchase fionm any and all claims for infiingentent by reason
of use (it such patented design, device, material or process in connection with the contract, and shall indemnify the
Purchaser fir any cost. expense or damage which it may be obliged to pay by reason of such infi ingenient at any time
din Me the prosecution tar atilt the completion ofthe work. In case said equipment. or any part thei eofor the intended
use of the goods. is in such suit held to constitute infiingerient and the use of said equipment or part is enjoined, the
Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipment or parts. replace the same with substantially equal but non -infringing equipment, or modify it so it becomes
nun -infringing.
15. INSOLVENCY.
If the Scllcr shall become insolvent or bankrupt. make an assignnient tilt the benefit ofcreditors, appoint a receive' m
trustee fir any ofthe Sellers property at business, this order may forthwith be canceled by the Purcl .•see without
liability.
16. GOVERNING LAW.
The definitions at terns used art the interpretation ofthe agreement and the rights of all putties hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA,
The following Additional Conditions apply only incases where the Seller is to perform work hereunder. including the
services of Sellers Representative(s), on the premises ol'otheis.
17. SELLERS RESPONSIBILITY.
The Seller shall cony on said work at Seller's own risk until the same is fully completed and accepted. and shall. in case
of any accident. destruction art injury to the work and/or naterials Iwfore Seller's final completion and acceptance.
complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc
furnished by others for installation or erection by the Seller. the Selle shall receive. unload, store and handle same nt
the site and become responsible therefor as though such nmaterials and/or equipment were being furnished bythe Seller
uncle the order.
18. INSURANCE
The Seller shalh at his own expense, provide for the payment of workers compensation, including occupational disease
benefits, to its employees employed on m in connection with the work covered by this purchase order, and/or to their
dependents in accordance with the Imes of the state in Which the work is to be done. The Seller shall also Many
comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with
bodily injury and death limits of at least $300.000 far any one person, S500,000 for any one accident and property
dkunagc limit per a-ident of-$400.000. The Seller shall likewise require his contractors, if any, to provide for such
cunrpc•nsrtion and insurance Betirre airy of the Sellers or his eonVaetais employees shall do any work upon the
prenmises of others, the Seller shall furnish the Purchaser with a certificate that such commpensntion and insurance have
been provided. Such certificates shall specify the date when such compensation and insurance have been provided.
Such ceniticales 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 accepted.
N. PRO'f ECIION AGAINST ACCIDENTS AND DAMAGES.
The Sc•IICthereby assumes the entire responsibility and liability for any and all damage, loss of injury of any kind at
nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this
purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of
the Purchasers officers. agents and eniplovees fionm and against any and all claims, losses, damages. charges or
expenses, whether direct or indirect, and whether to persons or property to which the Purchaser ninny be put or subject
by reason of any act. action, neglect, omission or default on the pan ofthe Seller, anyofhis contractors. or anyofthe
Sellers ar cunrnctois offices, agents or employees. In case any suit or other proceedings shall be brought against the
Purchaser. or its officers. agents or employees at any time onaccount or by reason of any 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 agrees to assunme the defense thereof and to defend the same at the Sellers own expense, to pay any and
all costs, charges, auntleys fees and ocher expenses, any and alljudgnments that may be incurred by m obtainedagainst
the Purchase or any of its or their officers, agents or erployees in such suits or other proceedings, and in case
judgment Or other lien be placed upon of obtained against the property ofthe Purchaser, or said parties mot as aresult
ofsuch suits or other proceedings, the Seller will at once cause the same la be dissolved and discharged bygiving bond
or otherwise. *file Seller and his contractors shall take all safety precautions. furnish and install all guards necessaryfor
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 rules and regulations issued pursuant thereto.
Revised 04/2009