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HomeMy WebLinkAbout111775 KUBAT EQUIPMENT & SERVICE CO - PURCHASE ORDER - 9141283Fort Collins Date: 02/27/2014 PURCHASE ORDER Vendor: 111775 KUBAT EQUIPMENT & SERVICE CO 1070 S GALAPAGO ST DENVER CO 80223-2804 PO Number Page 9141283 left his number must appear on all invoices, packing sli s and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 02/27/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Purchase and set up of a Fuelmaster AIM 2 programming head. Per quote 1022233-0000-01 dated 02/12/14. Contact: Shane Armheld A P14 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@fogov.com 1 LOT LS Total Invoice Address: 5,785.50 785.50 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEfA1Li. Tex extortionate. By stands the City of Fort Collins n exempt fmm slate and local nixes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Cenificam of Regis" 84-6000587 is registered wit to, Collector of Internal Revenue, Denver, Colorado (Ref Colorado Raised Satuta 1973, Chapter 39 26, 114 (a). Goods Rejected. GOODS REJECTED but, in failure no meet specifications, either when shipped or due to defects of damage in about, may be reamed to you for credit road art not to be, replaced except upon rseipt of written instructions tom the City of Fort Collins. lorspection GOODS arc subject to the City of Fran Collins inspection on Anti Final Acceptance. Receipt of the merchandise, s¢or ry.,.an in response no ur this order n result in anthord payment oa to an of the City of Fort Collins. However, it h to be understood tan FINAL ACCEPTANCE is dependent upon completion of all applicable required iodation procedure. Freight Terms. Shipments must be F.O.D., City of Fort Collins, 900 Wood St, Fro Collins, CO 80522, unless otherwise specified as this order. If permission is given to prepay freight and charge separately, the original freight bill mast accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans a the country, shipment is expected from the nearest distribution point to destination, and excess fright will be deducted from Invoice when shipments ate made from grater diemnce: Parts Seller shall procure at .sellers sole cost all necessary permits, certificate and licenses required by all applicable laws, regulations, ordinances and roles of the stab, municipality, temtory or political subdivi — where the work is performed, or required by any other duly constituted public authonry havingymisdimion over the work ofvendor. Seller number agrees m hold he City of Fart Collins harmless from and against all liability and lass rem ed by them by rcan of an asserted or established violation of any such laws, regulations, ordinances, roles incurred nd requirements. ILNONWAIVER. Failure of the Purchaa to insist upon trader pert me of the ems and conditions hereof, failure or delay to any With or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the sempmnce of or mymmt for goods harmonic or approval ofie, design, shall von release the Seller of any of the warranties or obligations of this pumhase order and than not be, deemed a waiver of my right of the purchaser to insist upon so-ict pert herafor my of its rights or remedies as to my such good,regardless of when shipped, received or accepted, as to my pnor or subsequent default hereunder, nor shall my posponed aml modification or rescission of this purchase order by the Purchaser operate ma a waiver of any of the coma hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and be Purchaser recognize Out in actual economic practice, overcharge resulting firm antimmt violations are in fact bode by the Purchase, Thern6re o,far good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purehmer my and all claims it coy now have or hereafter acquired trader Inherit or state ananni t laws for such overcharge relating d the particular such or services purchased or acquir d by to Purchaser pursuant to this pvshase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direr¢ the Seller to conat nommcfomting or defective goods by a date to e, agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability m unwillingness to comply, the Purchaser may muse the work m be performed by the most expeditious means available to it and the Seller shall any all mils avo cialed with such work. The Seller shall release to Purchaser and its contractors of any tier frvm all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the ever of fault of negligence of In, patty released and shall extend to be directors, oBicem and employees ofsuch party. Authorization. All panic to this contract agree that be representative arc, in fact bona fide and possess full and The Sellers contractual obligations, including warranty, shall bit M doomed to be rNviced, in any way, because complete authority to bind said panics. such work is performed or caused to be, perforated by the Purchaser. LIMITATION OF TERMS. This Foochow, Omer expressly limits acceptance a the terror and condition staled herein set forth and any supplementary or additional arms and conditions annexed hero or incorporated herein by reference. Any additional or different reruns and conditions Imposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyoa cannot make complete shipment to move W your promised delivery dam as used. Time is of the essence Delivery and perform e, muss he effected within the time sated on the purchase order and to docummts attached herea. No arm of to Putchasm including, without limitation, acceptance of partial lam deliveries, shall operate o a waiver of this precision. In to event ofany delay, to Purchaser shall have, in addition to offer legal and equitable remedies, the option of placing this order elsewhere and holding to Seller liable for damage. However, the Sella shall not In, liable for damage as a mull of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such cuts cf God, acts of civil or military authorities, govemmental priorities, fires, strikes, Bond, epidemics, wars or nots provided that wtice of the conditions causing such delay 6 given m to Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to be time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gods, articles, mammals and work coverall by this order will conform with applicable drowings, specifications, samples and/or other descriptions given, will be N for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard far work of a similar nature. The Seller agrees at hold the purchaser bemtlm from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sella breach of warmnry. The Sella shall replace, repair or make good, without cost to the pumbaaeq any defects or faults arising within one (O year or within such longer period of time as may be proscribed by law or by be demo of any applicable warranty provided by the Seller inner d o time of acceptance of the goods furnished hammer (acceptance not to be, umeamnably delayed} resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by d o Purchaser shall not conslibete a waiver of any claim under this watmnty. Except. otherwise provided in this purchase mden the Sellers liability hereunder shall extend to all damages proximately caused by ffc breach of any of the foregoing commit. or guammees, but such liability shall in na ever include loss of prefix or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wren change order S. CHANGES IN COMMERCIAL. TERMS. The Puohoet may make any changes to the tetras, other tan legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aRects the amount due car de time of performance hereunder, an ey.,.Me adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by woven change order, terminate this agreement m to any or all portions of the good then not shipped, subject to any equitable adjustment between be parries a to my work or materials then in Progress provided that the Purchaser shall not l e liable for any claims for anticipated profits on the unmmpleled potion Of the goods andror work, for incidenml or consequential damages, and that no such adjustment M nude in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations in m any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or mtmination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gaol sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be, required to effect or evidence compliance. All laws and regulation required m be transported in agreements of this character are hereby hicorya ited herein by this reference. The, Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by to Purchaser as a result of the Sella failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my mania doe or to become due hereunder without the Poor wtinen mnsmn oftho other IsatY. 10. TITLE. The Seller wersmts full, It. and umesnicad tide to the Purchaser for all am pmmt mdurfus, wan it. famished in performance of this agreement, free and clear of my and all limn, restrictions, reservations, security interest miumbranaa and claims of othm. Ise. PATENTS. Whenever the Seller is raluined to vise any design, daim, material or precess covered by linen patent trademark or copyright the Seller stall indemnify and save hacnnleas the Purchaser fmm my and all claims for ivfivgement by finfism of the use of such patented design, device, material or process in connection with d o minced, and shall indemnify the Purchaser for my east, expense or damage which it may be obliged to pay by reason ofsuch inGngement at my time during the prosaution or after the completion of the wok. In case said equipment, or any pan thereof or to intended use of to goad, is in such suit held to constitute infringement and to use of said equipment or pan is enjoined, to Seller shall, at its own experts¢ and or its option, eater procure for the Purchaer the right to romam, main, said egampmed or Wma. MI. the same with stu summilly ryual but noninGtnging equipment, or modify it wit becomes noninfnnging. 15. INSOLVENCY. If to Seller shall become insolvent or bankrupt make on assiparr m for the benefit of creditors, appoint a remover or commit for any of the Sellers property or business, this order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions of tenne used or the interpretation ofthe agreement and the fights of all parties hereunder shall be andinted under and governed by the lave of fe State of C.Imuno, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellds own risk semi) the same is fully completed] and accepted, and shall, to case of any accident, disauctlon or injury tu the work m ltor mammila before Sellers final amphibian and accrytance, complete the work at Sellds own expense and to the satisfaction of the Powl aver. When matenals and ry.ipment are famished by others for installmion or erection by the Seller, the Seller shall receive, unload, store and handle same as tho site and become responsible therefor as though such materials motor armament wart being fiunishad by the Seller order the outer. 18. INSURANCE. The Seller shall, m his own expense, provide for be payment of workm compensation, including occupational disease benefa, in its employees employed can or in connection with the work covered by this porchaze order, and/or to their dependents in accordance wit flue, laws of the sate in which the work u to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and a mW1aile public liability inumnce with bodily injury and death limits of at least S3100,000 for any one person, 5500,000 for my accident and property, damage limit per accident of 5400,000. The Sella shall likewise capture his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or has contractors employees shall do any work upon to premiss officials, to Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cmificates shall specify the date when such compensation and occurrence have been provided. Such cemi0caes shall specify the are when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be, anamouned until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 11, Seller hereby assumes the ermine responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in command herewith. The Seller will indemnify and hold harmless the Purchaser and any r all a the Purchasers affect , agents and employees from 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 nay be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his ,animators, or any of the Sellers or contractors oRem, agents or employees. In case my suit or omen proceedings shall be brought against the Purthosen or its olTem, agents or employees at my time on account m by reamn of my act action, neglect, omission or default of the Seller of my of his rontmctors or any of its or their officers, agents or employees as aforesaid, fhe Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expanse, to pay my and all costs, charges, attorneys fees and offer expenses, my and all judgments fast may be, incurred by or obtained against the Purchaser or any of its or rev officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon or obained against the property of the Purchaer, or said parties in or as a caul( ofsuch suits or other proceedings. the Sella will at ona cause the same to b, dissolved and dischmg,d by giving band or otherwise. The Seller and his contractors hall take all safety precautions, famish and insall all guard necessary for the prevevtim of accidents, comply with all laws and regularions wit regard to safety including, but without Radiation, to Occupational Safety and Health Act of 1970 and dl nine and regulations issued pursuant tared. Revised (IM010