2023 Hoidale AddendumAddendum to
Quotations and Contracts between
P.B. Hoidale Co., Inc. and City of Salina, Kansas
This Addendum shall be attached to and made a part of the Quotation and Contract for
Order Nos. 1164270 and 1163 893 (collectively, the "Contract"), entered into between P .B. Hoidale
Co., Inc. ("Hoidale") and the City of Salina, Kansas ("Buyer"). Notwithstanding any provisions
of the Contract, the following provisions, conditions, and limitations shall be controlling and shall
modify and amend the Contract between the parties. All capitalized terms used in this Addendum
shall have the meanings given to them in the Contract, unless otherwise defined herein.
1. Delivery Terms and Transportation Charges. The section titled "FOB PLACE OF
MANUFACTURE" is deleted in its entirety, and replaced by the following:
FOB DESTINATION -All deliveries shall be F.O.B. destination. All
transportation and handling charges shall be paid by Seller and are included in the
prices listed o·n page 1 of the Contract. The place of delivery shall be 315 E. Elm
St., Salina, Kansas 67401, or such other location in the City of Salina, Kansas as
directed by Buyer, in writing.
2. Grant of Security Interest. The section titled "GRANT OF SECURITY INTEREST'' is
deleted in its entirety.
3. Indemnification. The section titled "Indemnity Agreement" is deleted in its entirety, and
replaced by the following:
INDEMNIFICATION -To the fullest extent permitted by law, Seller shall defend,
indemnify and hold harmless Buyer, its agents, representatives, officers, officials
and employees from and against all claims, damages, losses and expenses
(including but not limited to attorney fees and court costs) (collectively, "Losses")
attributable to bodily injury, sickness, disease, death, or injury to, impairment, or
destruction of property, including loss of use resulting therefrom, to the extent that
such claims, damages, losses, and expenses relate to, arise out of, or are alleged to
have resulted from the wrongful acts, negligent acts, errors, omissions, or defective
work or services of Seller, its employees, agents, or any tier of subcontractors in
the performance of this Contract. Provided, however, the foregoing indemnification
shall not extend to Losses to the extent such Losses arise out of the negligent acts
or omissions or intentional misconduct of Buyer or any ofits employees or agents.
4. Lien Rights. The section titled "LIEN RIGHTS" is deleted in its entirety.
5. Insurance Reguirements.
5.1. Types and Amount of Coverage. Seller agrees to obtain insurance coverage as
specified in Exhibit A, attached hereto, and shall not make any material modification or change
from these specifications without the prior approval of Buyer. If the Seller subcontracts any of its
1
obligations under this Contract, Seller shall require each such subcontractor to obtain insurance
coverage as specified in Exhibit A. Failure of Seller or its subcontractors to comply with these
requirements shall not be construed as a waiver of these requirements or provisions and shall not
relieve Seller of liability.
5.2. Rating. All insurance policies shall be issued by insurance companies rated no less
than A-VII in the most recent "Bests" insurance guide, and admitted in the State of Kansas. Except
as otherwise specified in Exhibit A, all such policies shall be in such form and contain such
provisions as are generally considered standard for the type of insurance involved.
5.3. Certificate of Insurance. The parties acknowledge that Seller has provided Buyer,
or will promptly provide upon request, a certificate of insurance listing Buyer as the Certificate
Holder and evidencing compliance with the insurance requirements in this Contract. Buyer
reserves the right to require complete certified copies of all insurance policies procured by Seller
pursuant to this Contract, including any and all endorsements affecting the coverage required
hereunder.
6. Non-aoorooriation. Buyer is subject to Kansas budget and cash basis laws, and operates
on a calendar fiscal year. In the event that the Contract involves financial obligations spanning
multiple fiscal years for Buyer, it is subject to annual appropriation by Buyer's governing body for
future fiscal years. If Buyer's governing body does not appropriate the funds necessary to fulfill
Buyer's financial obligations pursuant to the Contract, Buyer shall so notify the other parties to
the Contract and the Contract shall be null and void for purposes of the fiscal year(s) affected by
the decision of the governing body not to appropriate.
7. Equal Opportunity.
(a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina
Code, Seller and its subcontractors, if any, agree that:
(1) Seller shall observe the provisions of the Kansas act against discrimination and Chapter
13 of the Salina Code and in doing so shall not discriminate against any person in the
performance of work under this contract because of race, sex, religion, age, color,
national origin, ancestry or disability;
(2) Seller shall include in all solicitations, or advertisements for employees, the phrase
"equal opportunity employer," or a similar phrase to be approved by the city's human
relations director;
(3) If Seller fails to comply with the manner in which Seller reports to the Kansas human
rights commission in accordance with the provisions of K.S.A. 44-1031 and
amendments thereto, Seller shall be deemed to have breached this Contract and it may
be canceled, terminated or suspended, in whole or in part, by Buyer;
( 4) If Seller is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas
act against discrimination under a decision or order of the Salina human relations
2
commission or the Kansas human rights commission which has become final, Seller
shall be deemed to have breached this Contract and it may be canceled, terminated or
suspended, in whole or in part, by Buyer;
(5) Seller shall not discriminate against any employee or applicant for employment in the
performance of this Contract because of race, sex, religion, age, color, national origin,
ancestry or disability; and
(6) Seller shall include similar provisions in any subcontract under this Contract.
P.B. HOIDALE
By :
Name:-=---+.L~==-~.-....LL.....::_,_L..:.--':;__+-="-----~~-
Title:
CITYOFS ~ ~~e:~
Title:
3
EXHIBIT A
INSURANCE REQUIREMENTS
Seller shall obtain, pay for, and maintain -and shall require each of its authorized
subcontractors to obtain and maintain -for the duration of Contract, policies of insurance meeting the
following requirements:
1. General Requirements.
A. Additional Insured. With the exception of the workers' compensation policy to be
obtained by Seller hereunder, all policies shall name the City of Salina ("City"), its agents,
representatives, officers, officials, and employees as additional insured(s). Insurance for the
additional insured shall extend to Products/Completed Operations and be as broad as the insurance
for the named insured, including defense expense coverage, and, with respect to the commercial
general liability policy required hereunder, shall be endorsed to apply as primary and non-
contributory insurance before any other insurance or self-insurance, including any deductible,
maintained by, or provided to, the additional insured(s).
B. Waiver of Subrogation . Where allowed by law, all policies will include a waiver
of subrogation in favor of the City, its agents, representatives, officers, officials, and employees.
C. Claims Made Policies. If coverage is written on a claims-made basis for any of the
policies required by this Contract, Seller must maintain the coverage for a minimum of two (2)
years from the date of final completion of all work under the Contract.
D . Premium and Deductible Expenses. Seller shall be responsible for all premiums
and retention or deductible expense for any and all policies required by this Contract.
2. Specific Coverage Requirements.
A. Commercial General Liabilitv ("CGL"). Seller shall maintain CGL coverage
written on ISO Occurrence form CGOO 01 or an industry equivalent, which shall cover liability
arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products
and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury.
The policy limits shall not be less than the following:
• Each occurrence
• General aggregate
• Personal and Advertising Liability
$1,000,000
$2,000,000
$1,000,000
The policy shall contain an endorsement that modifies the general aggregate to apply separately to
each project. Seller shall maintain the Products and Completed Operations liability coverage for
a period of at least two (2) years after completion of all work under the Contract.
B. Business Automobile Liability ("BAL"). Seller shall maintain BAL coverage
written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos
4
and other vehicles subject to compulsory auto liability laws that are owned , hired, rented or used
by Seller and include automobiles not owned by but used on behalf of Seller. The BAL policy
limits shall not be less than the following:
• Combined single limit $1,000,000
C. Workers' Compensation/Employer's Liability. Seller shall maintain workers'
compensation and employer's liability coverage with policy limits not less than the following:
• Workers' Compensation (Coverage Part A)
o Statutory
• Employer's Liability (Coverage Part B)
o $100,000 each accident
o $500,000 disease -policy limit
o $100,000 disease -each employee
5
QUOTATION AND CONTRACT
Hoidale
Proposal Submitted to:
City of Salina
PO Box 736
Salina, KS 67401-0736
WICHITA OFFICE
3737 West Harry -67213
PO Box 12104
Wichita, KS 67277-2104
GASBOY EQUIPMENT VIA SOURCEWELL PROGRAM
Phone: (316) 942-1361
Fax: (316) 942-0653
Date : 03/23/23
Job Location : City of Salina
300W Ash St
Page 1of5
No. 1163893 -------
Salina, KS 67401-2335
QUOTATION SUMMARY
Equipment, See "Equipment List"
Incoming Freight on Major Equipment
Installation, See "Scope of Work"
**Sourcewell Pricing**
PLEASE SHOW OUR QUOTE NO. ON YOUR P.O.
TOTAL
ALL PRICES LISTED ARE CASH PRICES . WE DO NOT ACCEPT CREDIT CARD PAYMENTS ON CONTRACTS
$
$
$
AMOUNT
102,716 .91
686 .00
4,377.50
=============
$ 107,780.41
We propose to furnish material and/or labor as listed above for the sum of $ 107,780.41 . Prices are subject to change
without prior notice and are subject to price in effect at time of delivery. Any alteration or deviation from the
above specifications involving extra cost will become an extra charged over and above this estimate. All agreements contingent upon
strikes, accidents, or delays beyond our control. Any work involving extra charges will not be performed until an agreement is reached
regarding the extra charges . This proposal is void 15 days from the above date.
NAME : Steve Dixon
TITLE: President SIGNATURE: s~ CP?-n-
CUSTOMER ACCEPTANCE
The prices, specifications, terms and conditions of this QUOTATION & CONTRACT are satisfactory and are hereby accepted. You
are authorized to provide the equipment and/or do the work as specified . Customer acknowledges and agrees to the payment
terms listed above. Payments made later than the terms listed will incur late payment charges of 1-1/2% per month or
18% per annum. Rock, water or other unforeseen underground obstructions to be at additional customer expense.
Customer will be responsible for filling all underground storage tanks with product for ballast immediately upon setting
tanks in the tank excavations. THE TERMS AND CONDITIONS SET OUT IN THE REMAINDER OF THIS PROPOSAL ARE A
PART OF THIS CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF SET ON ITS FACE. Buyer's Initials Required.
NAME : SIGNATURE :
TITLE : DATE: 11QF8 10
QUOTATION AND CONTRACT
No. 1163893 Hoidale -------
Proposal Submitted to :
City of Salina
PO Box 736
Salina, KS 67401-0736
EQUIPMENT LIST
QUANTITY DESCRIPTION
WICHITA OFFICE
3737 West Harry -67213
PO Box 12104
Wichita, KS 67277-2104
Phone: (316) 942-1361
Fax: (316) 942-0653
Date : 03/23/23
Job Location : City of Salina
300W Ash St
Salina, KS 67401-2335
2 Gasboy AtlasPrime suction pumps with dual sided Prime option, cell modem, wireless vehicle integration,
integration, internal dispenser controllers, 1st year services, and wireless gateway license
200 Micro-datapass plug units
350 Bl ue Mifare tags
Installation materials
EQUIPMENT TOTAL $
INITIALS OF BUYER-----
102,716.91
Page 2 of 5
No . 1163893 Hoidale -------
Proposal Submitted to :
City of Salina
PO Box 736
Salina, KS 67401-0736
WICHITA OFFICE
3737 West Harry -67213
PO Box 12104
Wichita, KS 67277-2104
Phone: (316)942-1361
Fax: (316)942-0653
Date : 03/23/23
Job Location : City of Salina
300 W Ash St
SCOPE OF WORK Salina, KS 67401-2335
BY HOIDALE
1 Coordinate time for system upgrade with owner. Provide Gas boy EKOS integration contact .
2 Remove existing control system, set aside for disposal.
3 Remove existing suction pumps and set aside for disposal.
4 Provide electrician for disconnect of existing duction pumps
conduit and wire connection of new system
5 Provide and set two new Gasboy suction pumps, twin hose units with integrated Atlas Prime dual
sided fuel controller, cellular data connection and Fuel Point PLUS automatic vehicle
integration.
6 Dress suction pumps with new hanging hardware. Connect to existing suction piping and anchor to
island.
Note: EKOS initial set up included, additional charges as outlined below billed direct through GoEnergies.
Fuel Site Module: $99 per month
EKOS Fuel Card Module: $70 per month
Cellular Data service: $65 per month
7 Provide 200 Micro-data pass OBD Plug Units and Wireless Vehicle Programmer (Registered for EKOS)
to City personnel.
8 Provide 350 Blue Mifare Tags and Fleet Head Office Mifare Tag Reader to City personnel.
9 Flush, start up new suction pumps.
10 Provide On Site Gas boy Field Engineer Training for (2) days training on FuelPoint PLUS.
BY CUSTOMER
1 EKOS coordination and initial programming for City.
2 FuelPoint PLUS coordination and personnel to learn system.
3 Any additional work not listed in the above Scope of Work will require the use of a written Change
Order to be signed by both parties prior to the start of the additional work.
============
SCOPE OF WORK TOT AL $ 4,377.50
INITIALS OF BUYER ____ _
ACCEPTANCE -This proposal , when accepted by the Buyer within the said period set out in this agreement, win constitute a bonafide contract between the Buyer and P. B. Hoidale
Co., Inc ., the Seller, subject to all terms and conditions to follow and to the approval of the Seller. It is expressly agreed that there are no promises, agreements or understandings , oral
or written, not specified in this contract. No waiver, alteration or modification of the terms and conditions of this contract shall be binding unless in writing and signed by the Seller.
ACCEPTANCE BY MAIL -Acceptance by mail shall be effective as an acceptance only when actually received by the Seller.
FOB PLACE OF MANUFACTURE -Unless otherwise stated in this contract, prices are FOB place of manufacture . Unless olherv.1se stated , the freight rate in existence at the date of
this contract shall apply, but any change in freight rate in effect on shipment date shall result in a corresponding change in price .
EXTRA CHARGES -The Buyer may order changes in the v.ork or the installation of additional equipment and the contract sum sh all be increased accordingly. ALL SU CH ORDERS
AND INCREASES SHALL BE IN WRITING , and the Buyer shall consent in writing to the extra charges before the Seller shall begin any changes or additional work.
RELA TEO WORK -Labor, materials and outside services for electrical, blacktop, water and sewer work, etc., are not induded in contract unless specified . Anchors , foundations and
cathodic protection are not included in this contract unless specified . Concrete slab must be protected from traffic -if concrete slab is placed and furnished under this contract, the
Seller is not responsibl e fo r the slab if not protected from traffic by the Buyer for 14 days.
DELIVERY -Delivery pro mises are contingen t upon fires , strikes , accidents , lockouts, work stoppages , war, riot, availability of materials, acts of God , governmental action or regula-
tion , or from other causes beyond the Seller's control. The Seller shall have no liability for any delay, failure to deliver, loss or damage which might result there from . The Buyer shall
make a storage area available to the Seller. Any necessary relocation of equipment or installation materials from this designated area will be at the Buyer's expense .
DELAYS -Due to the increasing cost of labor and materials , any delay of progress, not directly under the Seller's direct control and not due to causes not within the control of the
parties , will result in an additional charge to the Buyer.
TER MS -Terms are net 10 days from date of invoice unless otherwise specified . Delivery to our warehouse for purposes of convenience or coord ination shall be considered
"Delivery" fo r billing purposes .
a) Progress payments may be required -The Seller may require progress payments, covering the materials and/or labor. based upon the percentage of the contract completed . The
Buye r will be sent an invoice that must be paid as specified or with 10 days .
b) Failure to pay progress payments when due -In the event the Buyer fails to pay any progress payments 'Nithin the terms specified , The Seller may , with written notice to the Buyer,
suspend work. After 5 days , the Seller may terminate the contract or exercise any other rights it may have without incurring any liability whatsoever to the Buyer. Such rights indude ,
but are not limited to , recovery from the Buyer payment for work executed and for any proven loss sustained upon any materials, equipment, tools , and construction equipment and
machinery.
c) Interest-The Seller reserves the right to charge the Buyer 1-112% per month on past due balances. This represents an annual rate of 18%.
d) Attorney's fees payable -The Buyer agrees to pay the Seller reasonable attorney's fees and court costs if the account is sent to an attorney for collection .
GRA NT OF SECURI TY INTEREST -Buyer grants to Seller a purchase money security interest in all property sold to Buyer pursuant to this Contract to secure all indebtedness of Buyer to
Seller under this Contract.
INSTALLATION -It is understood that the Buyer shall provide the Seller with full access to the job site and the installation location during the installation period, and the Seller shall
not be held responsible for any delays caused by the Buyer's failure to so provide access. The Seller shall furnish the necessary materials and perform all work for the installation of
said equipment. The Seller shall install the equipment at the location to be designated by the Buyer on the job site . The installation shall be performed by the Seller in the Seller's
customary manner in accordance with it's normal procedures. It is understood that the Buyer has submitted no specifications regarding the manner of the performance of the agree-
ment, unless otherwise specifically stated in this contract.
a) Excavating -Excavation quotations are based on normal soil conditions . In the event any underground structures, cables , conduit, debris, rock , water, running sand , concrete
foundations , poles , manholes , or similar non-visible obstructions or unforeseen underground conditions be encountered, removed or destroyed , and if additional 'NOrk is necessary
to either preserve or destroy these unforeseen obstacles and to complete the excavation, such work shall be the Buyer's expense. Mechanical compaction of backfill is not induded
in the contract unless specified . Finished grades are to be established and verified by the Buyer.
b) Floating Tank Clause -The Buyer \\111 be responsible for filling all underground storage tanks with products for ballast immediately upon setting tanks in excavations. The Seller
shall notify the Buyer when product 'Nill be needed. The Seller shall not be responsible for the contamination or loss of product used for ballast. In the event tank is not filled as
requested , the Buyer accepts responsibility for equipment, labor and materials to reinstall floated tank. If product in not available , tanks shall be filled with water . There is an
additional charge for the water and then removing the water when installation is complete .
PER MI TS -Unless otherwise stated , no provision is made in the contract for special fees , permits, licenses , etc. If Seller is required to furnish same, such charges will be added to
the contract price . The Buyer shall furnish all surveys necessary for proper installation . Easements for permanent structures or permanent changes in existing facilities shall be
secu red and paid for by the Buyer.
DEFAULT BY SELLER -If the Seller defaults, neglects or fails to perform any pro vision of the contract, the Buyer may, without prejudice to any other remedy it may have, after 30
days Yofitten notice to the Selle r, make good such deficiencies and deduct the cost thereof from the payment then or thereafter due the Seller. The Buyer may finish the work
specified in this contract by whatever method Buyer may deem expedient. If the unpaid balance of the contract exceeds the cost of finishing the work, such excess shall be paid to
the Seller. but if such expense exceeds the unpaid balance , the Seller shall pay the difference to the Buyer in full satisfaction of all daims for liquidating damages . Seller assumes no
responsibility for, nor shall it be obligated to pay, claims for consequential damages.
WARRANTY -THE FOLLOWING WARRAN TY IS IN LIEU OF ALL OTHER WARRA NTIES , EXPRESSED OR IMPLIED, WHETHER OF MERCHANTABI LI TY , FITNESS OF PURPOSE
AND ANY AND ALL OTHER REPRESENTATIONS TO THE BU YER EXCEPT AS FOLLOWS: if the installation is supplied by the Seller. the Seller warrants the installation for a period
of one year from date of completion . Seller warrants the installation to be free of defects in material and workmanship under normal use and service , the Seller's obligation under this
warranty being limited to repair or replacement , as it may elect.
a) The Seller must be pro mptly notified of any circumstances involving warranty and must be permitted to perform corrective measures, utilizing the Seller's own personnel. The Seller
will not accept any invoice or charges for any work performed during the warranty period by others .
b) Buyer acknowledges that Seller is not a manufacturer of the goods covered by th is contract Manufacturers warranties on said goods shall extend to Buyer as authorized by the
manufacturers or as provided by law. Buyer expressly agrees and understands that Seller shall have no obligation or liability under such manufacturer's warranty or for failure of any
manufacturer to honor the warranty . Except for the foregoing installation warranty, SELLER MAKES NO EXPRESSED WARRANTIES OF ANY KIND, EXCEPT AS TO BU Y ERS WHO
ARE INDIVIDUALS. SELLER MA KES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITN ESS FOR A PARTICULAR PURPOSE.
LI MI TATION OF LI ABILITY -Buyer agrees that Seller and the orig inal manufacturer of products sold by Seller to Buyer shall not be liable for any special , indirect, incidental , or
consequential damages of any type , induding, but not limited to , damages related to damage to the ground, ground water, underground or environment, loss of product, deanup
costs , loss of profit or sates , or any other expense resulting from the nonconforming or defective condition of any products or any system purchased by the Buyer.
Seller shall also not be liable for interruption of business. do'Mltime costs , increased operating costs , or daims of Buyer's customers for any of the foregoing types of damages.
INDEMNITY AGREEME NT -Buyer agrees to hold the Seller safe and harmless against all loss and from all 6ability , claims , demands or suits for (a) bodily injury and property
damage arising out of the work undertaken by the Seller, its employees, agents or its subcontractors , and arising out of any other operation , no matter by whom , performed for and
on behalf of the Buyer , whether or not due in whole of in part to conditions , acts or om issions done or permitted by Buyer or Seller, except for such liability as is covered by the
Seller's Workman's Compensation Insurance and (b) alleged or actual infringement of any letters of patent, copyrights or trademarks , either domestic or foreign, aris ing from the
manufacture and/or sale of goods herein in accordance with patterns, designs, specifications, drawings , directions or technical information of data furnished by the Buyer.
TITLE AND RISK OF LOSS -Full risk of loss (induding transportation delays and losses) shall pass to the Buyer upon delivery of products/equipment to the FOB point. TIHe to and
the right to possess each item of equipment are and shall remain vested in the Seller until the Buyer pays the entire purchase price . In the event the Buyer does not promptly pay
the purchase price according to the terms hereof, or in the event the Buyer's credit or financial responsibility becomes impaired or unsatisfactory, as the Seller may determine or in
the event the Buyer falls to perform any condition or obligation, the Seller may at its election , demand immediate payment in cash before making delivery, suspend delivery and
terminate this contract, or mature the entire unpaid portion of the purchase price , in each event without notice and without any liability whatsoever to the Buyer. The Buyer's bank-
ruptcy, receivership or failure to pay any amount Vf'hen due shall , at the option of the Seller. mature the entire unpaid port;on of the pu rchase price 'Nithout notice and the Seller may
dedare this contract terminated , enter the premises , and retake possession of said property, v.tiereupon all payments made by the Buyer will be forfeited as liquidated damages,
rentals and costs .
TAXES -Taxes are not included in this contract. No Federal, State or Local taxes are induded in this contract unless specifically so stated and will be extra , if applicable .
STATE LAW APPLIES -All of the provisions hereof and any resulting order are to be governed and construed according to the laws of the State of Kansas .
LIE N RIGHTS -To protect all parties , a mechanic's lien will be automatically filed where payment is not received according to the terms stated in the contract.
ERRORS -Stenographic, clerical and mathematical errors made by the Seller in quotation . acknowledgments or invoices are subject to correction . Claims for shortages, defective
goods, errors and allowance must be made within 10 days from the date of invoice.
ASSIGNABI LI TY -This contract shall not be assigned by either of the parties hereto without the prior written consent of the other party.
RETURNED GOODS -No goods may be returned without Seller's written authorization. If such authorization is given, unless otherwise noted in the authorization , transportation
charges must be prepaid by Buyer. Risk of loss for returned goods shall pass to Seller upon rece ipt of the goods by Seller. All goods authorized for return are subject to Seller's
inspection and acceptance and to a res tocking cha rge equal to the rate charged by the manufacturer to Seller, or at least fifteen percent Merchandise must be returned within ten
days of Buyer's receipt of written authorization and must be accompanied by a writing that identifies the invoM:e number and date.
INITIALS OF BU YER 3QF0512
QUOTATION AND CONTRACT
Hoidale
Proposal Submitted to :
City of Salina
PO Box 736
Sal i na, KS 67401-0736
WICHITA OFFICE
3737 West Harry -67213
PO Box 12104
Wichita, KS 67277-2104
VEEDER ROOT EQUIPMENT VIA SOURCEWELL PROGRAM
Phone : (316) 942-1361
Fax: (316) 942-0653
Date : 04/05/23
Job Location : City of Salina
300 W Ash St
Page 1 of5
No . 1164270 -------
Salina, KS 67401-2335
QUOTATION SUMMARY
Equipment, See "Equipment List "
Incoming Freight on Major Equipment
Installation , See "Scope of Work "
**Sourcewell Pricing
PLEASE SHOW OUR QUOTE NO . ON YOUR P.O.
TOTAL
ALL PRICES LISTED ARE CASH PRICES . WE DO NOT ACCEPT CRED IT CARD PAYMENTS ON CONTRACTS
AMOUNT
$ 8,060 .01
$ 343 .75
$ 1,595 .00
$ 9,998 .76
We propose to furn ish material and/or labor as listed above for the sum of $ 9 ,998.76 . Prices are subject to change
without prior notice and are subject to price in effect at time of delivery. Any alteration or deviation from the
above specifications involving extra cost will become an extra charged over and above this estimate . Al l agreements contingent upon
strikes , accidents, or delays beyond our control. Any work i nvolvi ng ext ra charges will not be perfo r med unti l an agreement is reached
regard i ng the extra charges . This proposal is void 15 days from the above date.
NAME : Steve Dixon
TITLE: Pre sident SIGNATURE : S~ a#;r,,
CUSTOMER ACCEPTANCE
The prices, specifications, terms and conditions of this QUOTATION & CONTRACT are satisfactory and are hereby accepted . You
are authorized to provide the equipment and/or do the work as specified . Customer acknowledges and agrees to the payment
terms listed above. Payments made later than the terms listed will incur late payment charges of 1-1/2% per month or
18% per annum. Rock, water or other unforeseen underground obstructions to be at additional customer expense.
Customer will be responsible for filling all underground storage tanks with product for ballast immediately upon setting
tanks in the tank excavations. THE TERMS AND CONDITIONS SET OUT IN THE REMAINDER OF THIS PROPOSAL ARE A
PART OF THIS CONTRACT AND HAVE THE SAME FORCE AND EFFECT AS IF SET ON ITS FACE. Buyer's Initials Required.
NAME : SIGNATURE :
TITLE : DATE : 11QF8 10
QUOTATION AND CONTRACT
No. 1164270 Hoidale ------
Proposal Submitted to:
City of Salina
PO Box 736
Salina, KS 67401-0736
EQUIPMENT LIST
QUANTITY DESCRIPTION
WICHITA OFFICE
3737 West Harry -67213
PO Box 12104
Wichita, KS 67277-2104
Phone: {316) 942-1361
Fax : {316) 942-0653
Date: 04/05/23
Job Location : City of Salina
300 W Ash St
Salina, KS 67401-2335
1 Veeder Root TLS4 console with color touch screen , application software, CSLD, and COM software
Installation materials
EQUIPMENT TOTAL $
INITIALS OF BUYER ___ _
8,060.01
Page 2 of 5
No. 1164270 Hoidale -------
Proposal Submitted to :
City of Salina
PO Box 736
Salina, KS 67401-0736
WICHITA OFFICE
3737 West Harry -67213
PO Box 12104
Wichita, KS 67277-2104
Phone: (316) 942-1361
Fax: (316) 942-0653
Date : 04/05/23
Job Location : City of Salina
300 W Ash St
SCOPE OF WORK Salina, KS 67401-2335
BY HOIDALE
1 Coordinate time for system upgrade with owner.
2 Remove existing TLS350 and retain for trade-in credit .
3 Mount new Veeder Root TLS4 console, reusing existing tank probes and overfill alarm .
4 Provide electrician for disconnect of existing conduit and wire connections of new system.
5 Reprogram TLS4 with site's datasets and confirm proper operation.
6 Complete all required paperwork for warranty and KDHE.
BY CUSTOMER
1 Networking by City of Salina, EKOS or other integration by others.
Customer can replace existing phone line with new Cats cable into building from fuel island to
facilitate EKOS communication via cell modem included in the Gasboy system proposal.
If unable, an additional cell modem for EKOS and tank monitor communication will be required.
2 Any additional work not listed in the above Scope of Work will require the use of a written Change
Order to be signed by both parties prior to the start of the additional work.
------------------------
SCOPE OF WORK TOT AL $ 1,595.00
INITIALS OF BUYER ____ _
NOTE: Electrical cost for tank monitor is based on project being performed at the same times as Atlas Prime projec
ACCEPTA NCE -This proposal , when accepted by the Buyer within the said period set out in this agreement, will constitute a bonafide contract between the Buyer and P. B. Hoidale
Co ., Inc ., the Seller, subject to all terms and conditions to follow and to the approval of the Seller. It is expressly agreed that there are no promises, agreements or understandings, oral
or written , not specified in this contract. No waiver, alteration or modification of the tenns and conditions of this contract shall be binding unless in writing and signed by the Seller.
ACCEPTANCE BY MAI L -Acceptance by mail shall be effective as an acceptance only when actually received by the Seller.
FOB PLACE OF MANUFACTURE -Unless otherwise stated in this contract. prices are FOB place of manufacture . Unless otherwise stated, the freight rate in existence at the date of
this contract shall apply , but any change in freight rate in effect on shipment date shall result in a corresponding change in price .
EXTRA CHARGES -The Buyer may order changes in the work or the installation of additional equipment and the contract sum shall be increased accordingly. ALL SU CH ORDERS
AND INCREASES SHALL BE IN WRITIN G, and the Buyer shall consent in writing to the extra charges before the Seller shall begin any changes or addnional work .
RELATED WORK -Labor, materials and outs ide services for electrical, blacktop, water and sewer work , etc., are not inciuded in contract unless specified . Anchors , foundations and
cathodic protection are not included in this contract unless specified . Concrete slab must be protected from traffic -if concrete slab is placed and furnished under this contract, the
Sener is not respons ible for the slab if not protected from traffic by the Buyer for 14 days .
DELIVERY -Delivery prom ises are contingent upon fires , strikes , accidents, lockouts, 'NOrk stoppages, war, riot, availability of materials, acts of God , governmental action or regula-
tion , or from other causes beyond the Seller's control. The Seller shall have no liab ility for any delay, failure to deliver, loss or damage \Nhich might result there from . The Buyer shall
make a storage area available to the Seller. Any necessary relocation of equipment or installation materials from this des ignated area will be at the Buyer's expense .
DELAYS -Due to the increasing cost of labor and materials , any delay of progress , not directly under the Seller's direct control and not due to causes not within the control of the
parties , will result in an additional charge to the Buyer.
TER MS -Terms are net 10 days from date of in voice unless otherwise specified . Del ivery to our warehouse for purposes of conven ience or coordination shall be considered
"Delivery" for billing purposes .
a) Progress payments may be required -The Seller may requ ire progress payments , co vering the materials and/or labor, based upon the percentage of the contract completed . The
Buyer will be sent an in voice that must be paid as specified or with 10 days .
b) Failure to pay progress payments when due -In the event the Buyer fa ils to pay any progress payments within the terms specified, The Seller may, with written notice to the Buyer,
suspend work. After 5 days , the Seller may term inate the contract or exercise any other rights it may have without incurring any liability whatsoe ver to the Buyer. Such rights inciude .
but are not limited to , recovery from the Buyer payment for work executed and for any pro ven loss sustained upon any materials , equipment, tools , and construction equ ipment and
machinery.
c) Interest -The Seller reserves the right to charge the Buyer 1-112.% per month on past due balances. This represents an annual rate of 18%.
d) Attorney's fees payable -The Buyer agrees to pay the Seller reasonable attorney's fees and court costs if the account is sent to an attorney for collection .
GRA NT OF SECURI TY INTER ES T -Buyer grants to Seller a purchase money security interest in all property sold to Buyer pursuant to this Contract to secure all indebtedness of Buyer to
Seller under this Contract
INSTALLATION -It is understood that the Buyer shall provide the Seller with full access to the job site and the installation location during the installation period , and the Seller shall
not be held responsible for any delays caused by the Buyer's fa ilure to so provide access . The Seller shall furnish the necessary materials and perform all work for the installation of
said equipment. The Seller shall install the equipment at the location to be designated by the Buyer on the job site . The installation shall be performed by the Seller in the Selle(s
customary manner in accordance with it's normal procedures. It is understood that the Bu yer has submitted no specifications regarding the manner of the performance of the agree-
ment, unless otherwise specifically stated in this contract.
a) Excavating -Excavation quotations are based on normal so il conditions . In the event any underground structures , cables , conduit, debris , rock , water, running sand , concrete
foundations , poles , manholes, or similar non-visible obstructions or unforeseen underground conditions be encountered , removed or destroyed , and if additional work is necessary
to either preserve or destroy these unforeseen obstacles and to complete the excavation , such work shall be the Buyer's expense . Mechanical compaction of backfill is not included
in the contract unless specified . Finished grades are to be established and verified by the Buyer.
b) Floating Tank Clause -The Buyer will be respons ible for filling all underground storage tanks with products for ballast immediately upon setting tanks in excavations . The Seller
shall notify the Buyer VYtlen product will be needed . The Seller shall not be responsible for the contamination or loss of product used for ballast. In the event tank is not filled as
requested , the Buyer accepts responsibility for equipment, labor and materials to re install floated tank. If product in not ava ilable , tanks shall be filled with water. There is an
additional charge for the water and then removing the water when installation is complete .
PER MITS -Unless othe!Wise stated , no pro vision is made in the contract for speci al fees , permits, licenses , etc . If Seller is requ ired to furnish same , such charges will be added to
the contract price . The Buyer shall furnish all surveys necessary for proper installation . Easements for permanent structures or permanent changes in existing facilities shall be
secured and paid for by the Buyer.
DEFAULT BY SELLER -If the Seller defaults, neglects or fa ils to perform any provision of the contract, the Buyer may , without prejudice to an y other remedy it may ha ve, after 30
days written notice to the Seller, make good such deficiencies and deduct the cost thereof from the payment then or thereafter due the Seller. The Buyer may finish the work
specified in this contract by whatever method Buyer may deem exped ient. If the unpaid balance of the contract exceeds the cost of finish ing the work, such excess shall be pa id to
the Seller, but if such expense exceeds the unpaid balance, the Seller shall pay the difference to the Buyer in full satisfaction of all cia ims for liquidating damages . Seller assumes no
responsibil ity for, nor shall it be obligated to pay, claims for consequential damages.
WARRA NTY -THE FOLLOWING WARRA NTY IS IN LIEU OF ALL OTHER WARRA NTIES, EXPRESSED OR IM PLIED, WH ETHER OF ME RCHAN TABILITY, FITN ESS OF PURPOSE
AND ANY AND ALL OTHER REPRESE NTAT IONS TO THE BUYER EXC EPT AS FOLLOWS: if the installation is supplied by the Seller, the Seller warrants the installation for a period
of one year from date of completion . Seller warrants the installation to be free of defects in material and workmanship under normal use and service , the Seller's obligation under this
warranty being limited to repair or replacement , as it may elect.
a) The Seller must be promptly notified of any circumstances involving warranty and must be permitted to perform corrective measures, utilizing the Seller's own personnel. The Seller
will not accept any invo ice or charges for any 'NOrk performed during the warranty period by others.
b) Buyer acknowledges that Seller is not a manufacturer of the goods covered by th is contract. Manufacturers warranties on sa id goods shall extend to Buyer as authorized by the
manufacturers or as provided by law. Buyer expressly agrees and understands that Seller shall have no obligation or liability under such manufacturer's warranty or for failure of any
manufacturer to honor the warranty . Except for the foregoing installation warranty, SELLER MAKES NO EXPRESSED WARRANTIES OF ANY KI ND, EXCEPT AS TO BU Y ERS WHO
ARE INDIVIDUALS. SE LLER MAKES NO IMPLIED WARRANTIES OF MERCHANTABILI TY OR FIT NESS FOR A PARTIC ULAR PURPOSE .
LI MI TATION OF LIABI LI TY -Buyer agrees that Seller and the original manufacturer of products sold by Seller to Buyer shall not be liable for any special , indirect, incidental , or
consequential damages of any type , inciuding, but not limited to, damages related to damage to the ground , ground water, underground or environment, loss of product, deanup
costs , loss of profit or sales , or any other expense resulting from the nonconforming or defective cond ition of any products or any system purchased by the Buyer .
Seller shall also not be liable for interruption of business, do\'\'fltime costs , increased operating costs , or ciaims of Buyer's customers for any of the foregoing types of damages .
INDE MNITY AGREE MENT -Buyer agrees to hold the Seller safe and harmless against all loss and from all liability, daims , demands or suits for (a) bodily injury and property
damage arising out of the work undertaken by the Seller, its employees , agents or its subcontractors , and arising out of any other operation, no matter by whom , performed for and
on behalf of the Buyer, whether or not due in whole of in part to conditions , acts or om issions done or permitted by Buyer or Seller, except for such liability as is covered by the
Selle(s Workman's Compensation Insurance and (b ) alleged or actual infringement of any letters of patent, copyrights or trademarks , either domestic or fore ign , arising from the
manufacture and/or sale of goods here in in accordance with patterns , designs, specifications , drawings , directk>ns or technical information of data furnished by the Buyer.
TITLE AND RIS K OF LOSS -Full risk of loss (induding transportation delays and losses) shall pass to the Buyer upon delivery of products/equipment to the FOB point. Title to and
the right to possess each item of equipment are and shall remain vested in the Seller until the Buyer pays the entire purchase price . In the event the Buyer does not promptly pay
the purchase price according to the terms hereof, or in the event the Buyer's credit or financial respons ibility becomes impaired or unsatisfactory, as the Seller may determine or in
the event the Buyer fails to perform any condition or obligation, the Seller may at its election, demand immediate payment in cash before making delivery, suspend delivery and
terminate this contract, or mature the entire unpaid portion of the purchase price , in each event without notice and without any liability whatsoe ver to the Buyer. The Buyer's bank-
ruptcy , receivership or failure to pay any amount when due shall , at the optKm of the Seller, mature the entire unpaid portion of the purchase price without notice and the Seller may
declare this contra ct terminated , enter the premises, and retake possess ion of said property, v.tlereupon all payments made by the Buyer will be forfeited as liquidated damages ,
rentals and costs .
TAXES -Taxes are not included in this contract. No Federal, State or Local taxes are included in this contract unless specifically so stated and will be extra , if applicable .
STATE LAW APPLIES -All of the provisions hereof and any resulting order are to be go verned and construed according to the laws of the State of Kansas .
LIE N RIG HTS -To protect all parties , a mechanic's lien will be automatically filed where payment is not received accord ing to the terms stated in the contract.
ERROR S • Stenographic, cierical and mathematical errors made by the Seller in quotation , acknowledgments or invoices are subject to correction . Claims for shortages, defective
goods , errors and allowance must be made within 10 days from the date of invoice .
ASSIGNABIUTY -This contract shall not be assigned by either of the parties hereto without the prior written consent of the other party.
RETUR NED GOODS -No goods may be returned without Seller's written authorization. If such authorization is given , unless othe!Wise noted in the authorization , transportation
charges must be prepaid by Buyer. Risk of loss for returned goods shall pass to Seller upon rece ipt of the goods by Seller. All goods authorized for return are subject to Seller's
inspection and acceptance and to a restocking charge equal to the rate charged by the manufacturer to Seller, or at least fifteen percent Merchandise must be returned within ten
days of Buyer's receipt of written authorization and must be accompanied by a writing that identifies the invoice number and date .
INITIALS OF BUYER 3QF0512