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HomeMy WebLinkAbout111775 KUBAT EQUIPMENT & SERVICE CO - PURCHASE ORDER - 9122283PURCHASE ORDER PO Number Page City of 9122283 1 of 2 `t his number must appear Collins1 1 on all invoices, packing slips and labels. Date: 04/20/2012 Vendor: 111775 Ship To: OPERATIONS SERVICES KUBAT EQUIPMENT S SERVICE CO CITY OF FORT COLLINS 1070 S GALAPAGO ST 300 Laporte Avenue DENVER Colorado 80223-2804 Building B FORT COLLINS Colorado 80521 Delivery Date: 04/2012012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Upgrade Fuelmaster for AIM2 1 LOT LS 11,734.00 Per Quote #1019222-0000-01 dated 03121/12. Total $11,734.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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.corn 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, fly statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Cnllccmr of Failure of floc Purchaser to insist upon strict performance of the more, and conditions hereof failure or delay to Internal Revenue. Denver, Crdomdo (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by lase, failure to pmnrptly notify the Seller in the cvcm of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specification, either when shipped or title In defects Of any of the warranties or obligations of this Purchase order and shall not be rimmed a waiver of any right of the damage in transit. may be reformed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrcofor any of its rights Or remedies as loan ' Oany such goads, mgnrdless instn¢ta ms Tom the City Of Fan Call ins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported anal mrdificafion or reed. inn Of this purchase order by the Purchaser operate as if waiver of any of the toms Inspection. GOODS arc seNco to the Citv of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response In Ibis Order can result in 1_2.ASSIGNMENT OFANTITRUST CLAIMS - authorized payment on the pan of the Cie of Fnn Collins, Howeve, it is to be undconon l that FINAL Seller and the Purchoser recognize that in actual economic practice. overcharges resulting from ammusi ACCEPTANCE is dependem neon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase onlcr. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must he F.O.B., City of Fain Collins. 700 Wood St., Fort Collins, CO 90522. unless acquired under federal Or state antitrust laws for such overcharges Eluting n the particular goads or services otherwise specified on this order. If Permission is given to prepay freight and charge separately, the original freight Purchased or acquired by the Purchaser pursuant to this purchase order. bill oust accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASE;RS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacnrers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to correct nonconfnmoing or defective goods by a date to be agreed upon by roe expected from the nearest dinuibution point to destination, and excess freight will be dnlueted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be petfomed by the most expeditious rearm availahIc to it, and (lie Scllcr 111,111 pay all costs aysocialed with such work. Permits. Seiler shall mOctne at sellers sole cost all necessary permits. cenifneales and licenses mquircd by all applicable laws, regulations, ordinances and odes of the state, municipality, territory or political subdivision where the work is Pcrfnmmd, or required by any other duly continued public anthonty, having jurisdiction over the work of vendor. Seiler fimhcr agrees to hold The City of Fort Collins harmless fmm and agalvsl all liability and loss incurred by them by reason of an asserted or established violation of are such laws, regolations ordinances. rules and oximmmrnk. Authonzitina All panics to this contract agree that the representatives are. in fact, bona Bdc and posscss full and complete nutharie to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary Or additional term and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions propuscd 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 pmnrised delivery date as noted. Time is of the essence. Delivery and performance must be cffcced within the time stated on the purchase Order and the documents anached hereto. No acts of the Purchasers including. without limitation, acceptance Of partial late deliveries. shall aPcmre as a waiver of this provision. In the event ofany, delay. the Purchascr shall have, in addition to other legal and equitable remedies. the option ofplacing this order elsewhere and holding the Seller liable for damages. Hmecver, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities governmental priorities, finis. strikes. Bond epidemics, wars Of rims pmvidcd that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the time when the Seiler first received knasNedgc thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seiler warnnts 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 for the purposes intended, and Performed with the highest degree of care and competence in accordance with acccptcd standards for wok of a similar aware. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or 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 (1) year Or within such longer Period of time as may be prescribed by law or by the terms ofany applicable vorrarry provided by the $CIIer after the date of acceptance ofthe goods furnished hereundet(acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller, Acceptance or use of grads by the Purchascr shall not constitute a waiver ofany claim under this ormarry. Except as othcr isc provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of fay of the foregoing wamnties Or guarantees, but such liability shall in no event include loss of Pmfit or loss of rise. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the terms. Other than legal tams, including addition to Or deletions too.,too.,the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfnmanee hereunder. an equitable adjustment shall be made. 6. TERM (NATIONS. The Purchaser may at any time by written change order, terminate this retirement as to any or all portions of the goods then not shipped, subject to any equi6 ble adjustment between the parties as to any work or materials then in pmmcm pmvidcd that the Purchascr shall not be liable for any claims for anticipated profit on the uncompleted Portion of the goods antler work, for incidental or consequential damages, and that no such adjostment he made in favor of the Scllcr with ¢xpcct to any grads which are the Sellcm standard stock. No such mroinwion shall relieve the Purchascr or the Seiler ofany oftheir obligations as to am goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE \VITII LAW. The Seiler warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods arc subject The Scllcr shall execute and deli,cr sinch documents as ... ay be required to effect cr evidcaec compliance. All laws cord regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The ShccrngwTS to indemnify and hold the Purchascr harmless from all costs and damages suffered by the Purchascr as a result Of the Scllcrs failure to comply with such law. Q. ASSIGNMENT. Neither Party shall assign, transfer, or convey this order, cr any monies due or to became title hereunder wifhont the prim written consent of the other party. 10. TITLE. The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in Perfomoanee of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encuntbmnces mad claims ofothers. The Seller shall release the Plrchamr and its contractors of any tier from all liability and claims of any nmore ressulling (Font the performance of somh work. This rdcasc shall apply even in the event of fault of negligence Of the pony isle nscd and shall extend to the directors, off ices and employees of such piny. 'nce Seller's contractual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be Pcrlrrmed by the Purchaser, 14. PKI'EN'rs. Whenever the Seller is required to use any design. device. material or process cmcred by letter, patent, trademark or copyright, the Scllcr shall indemnify and save hamless the Purchascr farm any and all claims for infringement by reason of the use of such patented design. device, material Or powe, in connection with the concoct, and shall indemnify the Purchaser fat any cost. expense m damage which it may be Obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work, In case said equipment. or tiny part thereof or the intended use of the goads, is in such .suit held to consorte infringement and the use of said equipment or pan k enjoined the Seller shall. at its own expense and m its option, either Procne for the Purchascr the right In continue using .said equipment or pans, replace the same will substantially equal but noninfringing equipment. or modify it so it becnnms nnninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrpt, make On assignment for the benefit of crnfrlam. appoint a receiver Or tmatec for any of the Sellers property or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The dcr ilions oftcnns used or the interpretation Ofthe agreement and the rights ofall panics hereunder shall be con,simed under and governed by the laws of the State of Cclomdo. USA. The following Additional Conditions apply only in cases n'herc the SCIICr is In Perform work hereunder. including the ,very ices of Scllcrs Representative s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is filly completed and accepted, and shall, in case Of any accident. dcstnntion or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcrs own cxpcnsc and to the sntisfactinn of the Purchascr. When nmtcra s mod equipment arc furnished by others for installation or erection by the Seller, the Seller shill receive, unload. store and handle same at the site and become responsible therefor as though inch maerials andlor equipment acre being furnished by the Scllcr under the Order. 19. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of swrkers connpcnsation. including occupational disease benefit. to its employees employed on or in connection with the work covered by this Purchasc Order. and/or to their dependems in accordance with the laws of the state in which the work is to be dram. The Seller shall also carry comprehensive general liability including but not limited to, contmetuel and automobile public liability incur, nee with hotlily injury and death limits of at least $300.009 for tiny one Person. $500.006 for any one nccidcnt and property damage limit per accident of S40(IM0. The Seller shall likew'rac require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any svmk upon the premises of others, the Seller shall furnish the Pumhascr with a certificate that such compensation and insurance have been provided. Such ecnificnes shall specify the date when such compensation and insurance have been pmvidcd. Such eenificams shall specify the date when such eompcnsmion and insurance expires. The Seller agrees that such compensation and insurance shall be maimnined Limit after the entire w'ark is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respoasibility, and liability for any and all damage. loss or injury ofanv kind or nature whnt,wcver to Persons or pmPcrty caused by or resulting fmm the execution offhe work provided fat in this purchase order or in connection herewith. The Seiler will indemnify mod hold hamlcss the Purchascr and any Or rill of the Purchasers oReem. agent and employees fen and against any and all claims. losses, damages, charges or expenses. whether direct or indirect, and whclhcr to persons or properly to which the Purchascr may he pm Or suh vc, 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 officers, agents or employees. In ease any suit or other pmecedings shall be brought against the Purchaser, or its oRecrs. agent or employees it any time on account 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 assume the defense thereof and to defend the same n1 the Scllcrs own expense, In 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 nmee,, ,agent or c... Plnyccs in such suits or other proceedings and in case judgment or other lice be placed upon or ootsiacd against the pmVc ty of the Purchaser, or said potties in or as a result ofsuch ,suits or other proceedings, the Seller will m Once cause the same to be dissolved and discharged by giving bond or othcmi.ac. The Seller and his cnntrnctors shall Take all .safety precautions, Finnish and install all guards necessary for the prcs'entirn of accidents, comply with all laws and regulations with regard to mfety including. but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued Pursuant Ihercm. Rr,iscd 0312010