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HomeMy WebLinkAbout109160 ROSENBAUER MINNESOTA LLC - PURCHASE ORDER - 9122729City of �,.F,.�ort Collins Date: 05/10/2012 PURCHASE ORDER Vendor: 109160 ROSENBAUER MINNESOTA LLC 5181 260th ST PO BOX 549 WYOMING Minnesota 55092 PO Number Page 9122729 1of2 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 05/10/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Engine 7 replacement per P1138 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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.com 1 LOT LS 290,605.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tanis and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions, By sbepi c the City of Fort Collins is exempt fmm stale and Inc.] tares. Our Exemption Number is 99-0,1502. Federal Excise To, Exemption Certificate of Registry 94-(4)00597 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED doe to failure to meet specifications, either when shipped or due to defects of damage in transit may be returned to yen for credit and arc not to be replaced except upon receipt of written instructions fmm the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. I I. NONWAIVF,R. Failure of the Purchaser to insist upon strict performance ofthe terms 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 breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any afire warranties or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict perfomancc hercoforzny of its rights or remedies as to any such grads, regardless of when shipped received of accepted. as to any prior or subsequent default hereunder. nor shall any purported Oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice a,erchoges resulting room antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchax r any and all claims it may now, have or hereafter Freight Tents. Shipments must be F.O.B.. City of Fort Collins. 705 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges rclming to the particular goods or services otherwise specified on this order. If pcnnic ion is given to prepay freight and charge separately, the original freight purchased ar acquired by the Purchaser pursuant to this purchase order. bill must accon,pany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacmrers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected fmm the nearest distribution paint in destination, and excess freight will he deducted front Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all cost, associated .with such work. Permits. Seller shall procure at wile. sole coat all necessary permits. certificates and licenses required by all applicable laws. regulations ordinances and mles ofthe state, municipality, territory or political subdivision where the work is performed. or required by any other duly constituted Public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of For: Collins harmless fmm and against all liability and Ins incurred by them by reason of in asserted or euabEshed violation of any such laws, regulations, ordinances, miss and requirements. Authorization. All parties to this contract agree that the representatives arc. in fact. bona fide and possess fall and complete authority to bind said Parties, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and env wpplcmenary or additional terms and conditions annexed hereto Or incorporated herein by reference Any additional or di Bcrent terms and conditions pmpoud by'scller arc objected tu and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on you promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In (be event of any delay. the Purchaser shall have, in addition to other legal and equiL hlc remedies, the option off -lacing this order clscwhcrc and holding the Seller liable for damages However, the Seller shall net be liable for damages is 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 ofcivil or military authorities, governmental priorities, fires, strikes Bond, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Scllcr first received knowledge thereof In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reform offhc delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anchor other descriptions given, will he 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 firm any loss damage or expense which the Purchaser may suffer or incur on amount of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (1) year or within ouch longer period of time as may be prescribed by lawOr by'the terms efany applicable wamnty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goals by the Purchaser shall not constitute a officer ofany claim under this warranty. Except as otherwise Provided in this purchase order, the Sellers liability hereunder shall extood to all damages proximately caused by the breach ofany ofthe foregoing wamntics or guarantees, but such liability shall in no event include loss of f mfits or Ios of use. NO IMPLIED R'ARRANTY OR hIERCHAN'TABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms, other than legal tans, including additions to or deletions Tom 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 of perfomancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrmcn change order, terminate this agreement as to any or all portions of the goods then net shipped, subject to any equitable adjustment betucen the Panics is to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to tiny goods which are the Sellers standard stock. No such termination shall relieve the Purchaser, or the Seller of any of their obligations is to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (36) day., from the date the change or trepanation is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations in ,which the goods are subject. The Seller shall execute and deliver such documents as may be required in effcel or evidence compliance. All Imes and regulations required to be incorpamicd in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless mat all costs and damnges suffered by the Purchaser as a result of the Sellers failure 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 prior written consent of the other party. I (1 TIT LE. The Seller wamnts full, clear and unrestricted title to the Purhiscr for all equipment mmeoia Is. and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescmations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tic, from of Habit iry and claims of any nature resulting from the peofnmmnce, of such auk. This release shall apply even in the event of fault of negligence of the parry odes ed and shall extend 1. the direders, oB"mce, and employees of such parry. The Set ice., reattached Ohligifl ions, including seam ary, shall not be deemed to be reduced, in any way, because such wool: is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required In as any design, device, material or'pmeess covered by letter, patent, trademark or copyright, the Seller shall indemnify and sews harmless the Purchaser Team any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense err damage which it may be obliged to pay by reason ofsueh infringement at any time during the Prosecution err alter the connplelion of the work. In case said equipment, or any pool ihcrerf or the intended use of the goods. is in such suit held to constitute infringement and the nut of said equip cut or part is enjoined, the Seller ,shall, at its own expanse and at its Option, either procure for file Purchaser the right to continue using said equipment or parts, replace the same with aubsmntially equal bat noninbinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent of bankrupt. make an assignment for the hencfit of creditors, appoint a cocci vet or trustee for any of the Sellers property or business. this Order may (orthw i th he canceled by the Purchaser evithnnl liability. 16. GOVERNING LAW. The definitions ofterms used Or the interpretation ofthc agreement and the rights ufall parties hemander shall be constmed under and governed by the laws ofthe State of Cninmdo, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the sen ices of Scllcrs Reprcscntin"cos), Oa the premises of otl,rs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllcrs own rick until the same is fully completed and accepted, and shall, in case of any accident, destnmtion or inuuy to the work anchor materials before Screr's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by Others for installation 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 and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall. at his own expense. pro,ridc for the payment of workers compensation, including occupational disease benefits. to its entployces 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 state in which the work is in be done. The Seller shall also carry comprehensive general liability including. but no limited in. contractual and automobile public liability insurance with bniily injury and death limits of at least S300.INN1 for any one person. S500.000 for any one accident and property damage limit per accident of S400.o00. The Seller shall likewise require his conmaors, irony. to provide for such compensation and insurance. Redone any ofthe Scllcrs or his contractors employees shall do any work upon the pocmiscs of others, the Scllcr shall famish the Purchaser with a certificate that such compensntion and insurance have been pmvidcd Such cenificocs shall specify the date when such compensation and insuance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that Bach compensation and insurance shall be maintained until after the cntirc nark is completed and accep ed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the cat ire respenslbi l ify and liability for cote and all damage. lessor injury ofany kind or nature whatsoever to persons er pmpeoty caused by err resulting from the execution efthe,enrk provided for in this purchase onicr Or in connection herewith. The Scllcr will indemnify and brut ham less the Purchaser and any o all of the Purchasers otimco, agents and employees Tom and against any and all claims losses. damages, charges or expenses, whether direct or indirect, and wbeftier to person or property to which the Purchaser may be pot or subject by reason of any act, action, neglect, omission Or dcfaull on the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors Officers, agents or employees. In case any suil or other pmccedings shall be brought against the Purcll or its officers, agents Or cagalnyccs it tiny time on account or by reason Of any net. action. neglect. omission or dcfaull of the Seller of any of his contractors or any of its or their officers, agents or employees as ofooexeld, the Seller hereby agrees to nscume the defense thereof and to defend the smarm at the Sellers own expanse, In pay any and ill coats, charges, attorneys Ices mid other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their Officers. agent, o, employees in such suits or other proceedings, tind in ease judgment or other than be placed upon or obtained agtiinst the property of the Purchaser. or said parties is or as a result ofsueh suits or other pmccedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or ofhcnwisc. The Seller and his contractors shall take all safety precautions. furnish and install ill guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but ,without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0312010