HomeMy WebLinkAboutCORRESPONDENCE - BID - 7050 PFA AERIAL TOWER REFURBISHMENT (7)4C2
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CONTRACT
This agreement made by and between ROSENBAUER/GENERAL SAFETY EQUIPMENT,
Wyoming, Minnesota, hereinafter called the COMPANY, Party of the First Part, and POUDRE
FIRE AUTHORITY, hereinafter called the BUYER, Party of the Second Part.
Wiutessed that the Company agrees to sell upon the conditions which are written below, one (1)
extruded aluminum fire apparatus body, which is to be a direct replacement for an existing failed
steel body on the Buyer's Engine 12. The Buyer's supplied chassis and pump module shall be
reused along with the ladder rack and traffic arrow. All other body and subframe components
shall be of new manufacture.
Delivery: The estimated delivery time for the completed apparatus is to be made 60-90 calendar
days after receipt of the Buyer's existing apparatus, subject to causes beyond the Company's
control. The quoted delivery time is based upon Company's receipt of the specified materials
required to produce the apparatus in a timely manner. The Company can not be held responsible
for delays clue to Acts of God, Labor Strikes, or Changes in Governmental Regulations that
result in delayed delivery to our manufacturing facilities of these specified materials. This
delivery estimate is based on the Company receiving complete and accurate paperwork from the
Buyer and that no changes take place during construction. Changes required or requested by the
Buyer chain- the construction process may be cause for an increase in the number of days
required to build said apparatus,
Payment Terms: The Buyer agrees to purchase and pay for the aforesaid property, delivered as
aforesaid, for the Sum of eighty three thousand eight hundred thirty two and 00/100 (583,832.00)
upon delivery of apparatus to Buyer.
Insurance: When the Company has the Buyer's hvcic or chassis in its care, custody and control,
Ibe Company will be responsible for the liability and physical damage of that buck or chassis oil
tt primary basis, regardless of what other insurance is available. Upon delivery of the apparatus
by the Company, or upon pick up of the apparatus at the factory of the Company by a
representative of the Buyer, Buyer agrees to provide all liability and physical damage insurance.
Guarantee: The Company hereby agrees that the material and workmanship shall be of the best
grade and the Company, at its own expense, will replace such parts as may fail, if such failure is
attributed to defective material or inferior workmanship within the terms of the warranty period.
It is further agreed that if, on delivery and test, any defects should develop, the Company shall be
given a reasonable amount of time to correct saute.
Scope of Services: The Company agrees to provide services generally in accordance with the
scope of services attached hereto as "Quotation; quote No. 10028-0005, consisting of eleven (l I)
pages and incorporated herein by this reference.
PFA Representative: Poudre Fire Authority will designate, prior to commencement of the
work, its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the services provided under this agreement, including
Final acceptance of the completed apparatus. All correspondence and communication concerning
this agreement shall be directed to the PFA Representative.
Delay: If the Company is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
Company shall be excused fiom whatever performance is prevented by such cause. To the
extent that the performance is actually prevented, the Company must provide written notice to
PFA of such condition within fifteen (15) days from the onset of such condition.
Acceptance Not Waiver: PFA's approval or acceptance of, or payment for any of the services
shall not be construed to operate as a waiver of any rights or benefits provided to PFA under this
Agreement or cause of action arising out of performance of this Agreement.
Warranty:
a. The Company warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work of a
similar nature.
b. Unless otherwise provided in the Agreement, all materials incorporated into the work shall
be new and of the most suitable grade of their respective kinds for their intended use, and
all workmanship shall be acceptable to PFA.
c. The Company warrants all materials provided under this Agreement, except PFA-furnished
materials, against defects and nonconformance in design and workmanship for a period
beginning upon final acceptance of the finished apparatus and ending twelve (12) months
from and after such final acceptance. Upon receipt of written notice from PFA of any such
defect or nonconformance, the affected item orpart thereof shall be redesigned, repaired or
replaced by the Company in a manner and at a time acceptable to PFA.
Default: Each and every term and condition hereof shall be deemed to be a material element of
this Agreement. In the event either party should fail or refuse to perform according to the terms
of this agreement, such party may be declared in default thereof.
Remedies: In the event a patty has been declared in default, such defaulting patty shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and
seek damages; (b) treat the Agreement as continuing and require specific performance; or (c)
avail himself of any other remedy at law or equity. If the non -defaulting party conunences legal
or equitable actions against the defaulting party, the defaulting patty shall be liable to the nou-
defaulthtg party for the non -defaulting party's reasonable attorney fees and costs incurred
because of the default.
Binding Effect: This writing, together with the exhibits hereto, constitutes the entire agreement
between the parties and shall be binding upon said parties, their officers, employees, agents and
assigns and shall inure to the benefit of the respective survivors, hairs, personal representatives,
successors and assigns of said parties.
Law/Severability: The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. [tithe event any provision of this
Agreement shall be held invalid or unenforceable by any court of competentjurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
After company receipt of this document signed by the buyer, the document will be reviewed and
upon approval, countersigned by the company, putting the document in force.
Date: `f'—I-';�)I'l
POVD14E FIRE AUTHORITY
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