HomeMy WebLinkAbout111775 KUBAT EQUIPMENT & SERVICE CO - PURCHASE ORDER - 9145552Fort Collins
PURCHASE ORDER
Date: 09/24/2014
Vendor: 111775
KUBAT EQUIPMENT & SERVICE CO
1070 S GALAPAGO ST
DENVER CO 80223-2804
PO Number Page
9145552 1of2
This 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: 09/23/2014 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Purchase and installation 1 LOT LS 6,000.00
of a Fuelmaster Fuel Control System
at the Water Treatment Plant.
Per Quote #1022302-0000-01
Contact: Shane Armfield
2 other portion of Fuelmaster
system
at Water Treatment Facility
Per Quote # 1022302-0000-01; Dated 02/24/14
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
1 LOT LS
6,705.70
705.70
Pay terms net 30 days
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
1. COMMERCIALDETAILS.
Tax exemptions. By same the City of Fort Collim is exempt from state and local taxes. Our Exemption Number is
99-04502. Federal Excise Tax Exemption Certificate of Registry 84-bO00587 is ¢gistvN width the Collector of
Internal Revenue, Denver, Colamdo (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
Goads Rejected. GOODS REJECTED due to failure a meet specifications, either when shipped or due to defeurs of
damage in transit, may be returned to you for credit and are not to be replaced except neon receipt of written
instructions from the City of Fon Collins
Impaction. GOODS are subj., at the City of Fon Collins inspection oa arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the pan of the City of port Collins. However, it is to be understood [hat FWAL
ACCEPTANCE is dependent upon completion of all applicable required iropeetion procedures
Freight Terms. Shipments must be F.O.D., City of Fort Collins, 700 Wood Sm., Fort Collins, CO 80522, uni
otherwise specified an this order. If permission is given to prepay ftcight and charge separately, the outlined freight
bill munt sccomoanv invoice. Additional chatua accreting will not be accepted.
Shipment Distance. Where manufacturers have distributing points in us pans of the country, shipment is
expected from the nearest distribution point to destination, and eacem freight will be deducted from Invoice when
shipments art made from mma, distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, cenifcales and licenser required by all
applicable laws, regulations, ordinances and roles of be some, municipality, territory or political subdivision when
the work is performed, or required by any other duly constipated public authority having jurisdiction over the wed
of vendor. Seller further agrees to hold the City of Pon Collins hamdess from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles
ood requirements.
Authoritarian. All panics to this contract agree that the representatives are, in fact boon fide aM possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits mc,O.cc to the terms and conditions sated
herein set fort and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any addimiovd or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time
armed on the purchase order and the documents attached hereto. No acts of the Purchasers including, withom
limitation, acceptance ofpanial Ire deliveries, shall Wome as a waiver of this provision. In the evens of any delay,
the Purchaser shall have, in addition to other legal and equitable comedies, the option of placing this order elsewhere
and bolding the Seller liable for damages. However, the Seller shall not be liable far damages res it result of delays
due to causes not reawobly foreseeable which an beyond its reasonable mmml and without its fault of negligence,
such eras of Gad, race of civil or military authorities, governmental Formica fins, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller fins received knowledge thereof In the even of any 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 good, articles, maenah and work covered by this order will common with applicable
drawings, specifications, samples eudmr other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchmer may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, withom cost a the purcuran, my defect ar faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terns of fury applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by me Purchaser shall not
constitute a waiver of any claim under this waranry. ExrWu as olherwise provided in this purchase color, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wartmfies
or guarantees, but such liability shall in no event include loss of profifis or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL i ERMS.
The Purchaser may make changes to legal terrors by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Patechuer may make any changes to the learns, other than legal terns, including additions to or deletions form
the 9uamitic, originally ordered in hie macifentiom or drawings, by verbA or writer change order. If any such
change acts be amount due ar the time ofperformarae hereunder, an available adjustment shall be made.
b. TERMINATIONS.
The Purchaser may in any into by carmen change order, terminate this agreement as to any or AI portions of the
goods then not shipped, subject to any equiable adjuamant between the parties as to any work or materials then in
progress provided but the Patches, zbull not be liable for any claims for anticipated profits on the unmmpletN
portion of the goods candor work, for incidental or consequential damages, fund that no such Wjmtment be made in
favor of the Seller with respect to any good which are the Sellers standard &lock. No such termination shall relieve
the Purchaser or be Seller of any oftheir obligations as to any goods delivered hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is
order L
S. COMPLIANCE W ITT I LAW.
The Seller womana that all good sold hereunder shall have been produced, sold, delivered and furnished in And
compliance with all applicable laws and regulations to which the good are subject. The Seller .shall execute and
deliver such documents m may be required to clear or evidence compliance. All laws and regulations required to be
unexampled in agreement of Ws character arc nearby mum,mmted herein by this reference. The Sella agrees to
indemnify and hold the Purchases, harmless fmm all costs and damage, suffet,l by the Purchaser m n maul'.f the
Sellers failum to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
print written comma of the other parry.
10, TITLE.
The Seller warrants bull, clear and muesmo ed title to the Purchaser for all equipment, materials, and items fiunished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbmnces and claims fothers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the Room and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
Normal, be mccpaance for paMeet for good hereunder or approval of the design, shall not elease the Seller of
any of the warranties or obligations of this purchase order and shall not be domed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such gaol, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchmer operate as a waiver of any of the (ems
hnx.f.
12. ASSIGNMENT' OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from st antitru
violations arc in fact home by the Purchase, Theretofore, forgoodcause and as consideration for execoti ng this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal m some i ntitrua laws for such overcharges relating to the particular goods or service
purchased or acquired by the Purchaser pursuant to this purchase major.
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 Set let, sad the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the .,it 1. be perforated by he most expeditious meets available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the purchaser and its commacars of any tier form all liability and claims of any nature
resulting from the performantt of such work.
This release shall apply vern in the event of fool( of negligence of the party released and shall extend to the
dimecers, officers am employees afsuch party.
The Sellers contmetual obligations', including warranty, shall trot be deemed to be reduced, in any way, because
such work is performed or caused to be perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or Process covered by Ierte, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patrnted design, device, material or Process in correction with the conleaQ and
shall indemnify the Purchaser for any cost, expense or 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 usurpation, or
my part thereof or hie intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its optian, either procure for the
Purchaser the right to common using said equipment or pans, replace the same with substantially equal but
noninfringing equipment or modify it sec it becomes rwninGngVog.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
rectiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
to. GOVERNING LAW.
The definitions ofoms used or the interpretation of the agreement and hie rights ofall panics hereunder shall be
com seed under and governed by the laws ofthe State ofColondo, USA.
The fallowing Additional Conditions apply only in ones
when the Seller is to perform work hereunder,
including the services of Sellersp Reresenmtive(s), on the promises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall am-,, on said work at Seiler, own risk mail the same is fully completed and accepted and shall,
in case of any accident, destruction or injury to be work andror materials before Sellers Input completion and
acceptance, complete she work al Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for instillation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials mdor equipment
were being famished by the Seller under the What.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the cote in which the work is to be dune. The Seller
shall also carry comprehensive partial liability including, but not limited to, conformal and automobile public
liability memories with bodily injury and death limits arm least S300,00o for any one perwn, S500.000 for any
one accident and properly damage limit per accident of Saoo,000. The Seller sbull likewise napalm his
contractors, if try, to provide for such compensation and insurance. Before my affix Sellers or his commemrs
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance ]lava been Provided. Such cedlficutes shall specify the data when Inch
compensation and insurance have been provided. Such cenificam sshall spedrythe date when such camperwtion
and insurance expires. The Seller agrees that such campesvticn and imu.O f shall be, maintained ..it caner the
entire work is completed and accepted.
19. PROTECTION AGAMST ACCIDENTS AND DAMAGES.
The Seller fiereby assumes the calico respamthilimy and liability far any and all damage, loss or injury of., kind
or nature whatsoever to persons or property caused by or resulting Tram the execution of (fie work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold bamnless the Purchaser and any
m all of the Purchasers officeWent, and Wenand employees fmm and against any and It claims, losses damage,
stooges, on, expense, whether direct or indirect, and whether m prom or property a which the Purchaser may
be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his
contractor, or any of the Sellers or contractors office, agents or employees. In case any suit or other
proceedings shall be brought against the Purchase, or its officers, agents or employees at any time oa account or
by reason of any act, action, neglect, omission or default of the Seiler of any of his commuters or any of its or
their officers, agents or employees to aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses,
my and all judgmeno that may be incurred by or obtained agaimr the Purchaser or my of is or their office,
agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon at
.banned a,mrad he property of the Purchase, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or mherwise. The Seller and
his contractors shall tale all surety precaution, famish and imrall all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Ocenpatioml Safety Will Hwlth Act of 1970 and all roles and regulations honest putstenl thereto.
Revised 072014