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HomeMy WebLinkAbout109160 ROSENBAUER MINNESOTA LLC - PURCHASE ORDER - 9141859Fort Collins Date: 04/02/2014 PURCHASE ORDER Vendor: 109160 ROSENBAUER MINNESOTA LLC 5181 260th ST PO BOX 549 WYOMING MN 55092 PO Number Page 9141859 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 04/01/2014 Buyer: DOUG CLAPP Note: This purchase order is subject to the Terms and Conditions of the Service Agreement between the City of Fort Collins and Rosenbauer Minnesota LLC in connection with RFP 7563 PFA Fire Apparatus. Line Description Quantity UOM Unit Price Extended Ordered Price r Refurbish/Glider Kit Resolution 14-1 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 450,000.00 Total $450,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local axes. Ow Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificare of Registry 84-60W597 is registered with the Collenor of Internal Revenue, Denver, Crlim do (Ref. Colorado Revised Samty 1973, Chapter 39-26, 114 (a). Good Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due a dare,. of damage in onnsin, may he commed to you for credit and are not to be replaced except upon receipt of writtea iwterad as from the City effort Collins. Impection. GOODS are subject a the City of Fort Carlow inspection an amval. Final Acceptance. Receipt of the merchandise, se ns r equipment in respoe to this order can result in witharims! payment on the part of the City of Foe Collins. However, it is to be understood that FINAL ACCF:PI'ANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments must be P.O.B., City of Fan Collins, 700 Wood St., Fart Collins, CO 80522, unless otherwise specified oa this order. If permission is given to prepay freight and charge s,aredy, the original freight bill must accompany invoice. Additional charges far trucking will not be accepted. Shipment Distance. Where manufanumn have deardwoing paints in various As of the country, shipment is expected from the nearest distribution prim to destination, and excess freight will he dWuctd from Invoice when shipments we made from greater doomme. 11. NONWAIVER. Failure of the Purchaser to insist upon son performance of the terms and conditions hrne[ failure or delay to exemise any rights or undies provided herein or by law, failure to promptly notify the Seller ta the event of breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release rise Seller of any of the wana dies or obligations of this purchase order Will shall not be deemed a waver of my eight of the purchaser to insist upon strict performance hereof at any of its rights in remedies as to my such good, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in acmal economic practice, overcharges resulting from unions, violations are in fact home by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or sate antitrust laws far such ovembar,es relating to the particular goads or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to common nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller Neraher indicares its inability in unwillingness to comply. the Purchase, may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs assaimed with such work. Permits. Seller shall pmeme in sellers sale in all necessary permits, certifienes and licenses unilateral by all applicable laws, mgutatiom, orediwnces and rates arm, same, municipality, territory or political subdivision where the work is performed, or required by my other duly conducted public authority having jurisdiction over the work or vendor. Seller further agrees to hold the City of Fan Collins hamkss been and against all liability and lass incurred by them by reason ofm assured or established violation of my such laws, regulmorq ordinances, roles and requirements. Authorization. All panic to this contract ague that the representatives are, in fact, bow fide and possess full and complete authority no bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teens and conditions sated herein set foil and any supplementary or additional emu and conditions annexed hereto or incorporated herein by reference. Any additional o, different terms and conditions proposed by seller are objected to and hereby rejoined. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of tie essence. Delivery and performance must be infected within the time stated on the purchase order and the documers mached hereto. No aces of the Purehasers including, without Initiation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal am equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages w a result of delays due to causes not reasonably Irretrievable which we beyond its revocable control and without its fault of negligence, such acts of God, ace of cisil or military authorities, ,weramenal pfon its. fires, strikes, flood, epidemic, wars or riots provided the vorice of the wunits.- awing such delay is given to the Purchaser within five (5) days of tie time when the Sella first received knowledge thereof. In elm event of my such delay, the date of delivery shut[ be extended far the period equal to the time actually Iasi by reason arrive delay. 3. WARRANTY. The Seller warrants that all goad, articles, materials and work covered by this order will conform with applicable drawings, apeeifcatians, samples and/or other descriptions given, will be fit fin the purposes intended, and performed with the highest degree of care and competence in accordance with accepted sand,d for work of a similar nature. The Seller agrees to hold the purchaser hornless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or Delta arising within one (I) year or within such longer period of time as may be nownhod by law or by the tears army applicable waranty provided by the Seller tiller the date of acceptance of the goods Nmishd hereunder (acerptanee not to be unreasonably de[ayd), resulting from impufect or defective work done or materials famished by the Seller. Acceptance or we of good by the Purchaser shall or constitute a waiver of any claim under this warranty. Except as othemise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the branch of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or Ions of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal rents by writren change order. 5. CHANGES IN COMMERCIAL TERMS. The liumhver may make any changes to she terms, other than legal toms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verhal or written change offer. If any such change offecs the amount due or the time ofperformance hereunder, an equitable ndjuvmem shall he made. &TERMINATIONS. The Purchaser may at any lime by written change coder, mrniume this tigrocmem v to any or all Rom— of the good then not shipped, subject to my equitable adjwtmmt between the panics v to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the mmmpletN portion of the goods and., work, for incidental or cam huemid damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any gads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjwtmmt mast he asserted within NM (30) drys fmm the date the change or termination Is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants than all goad sold Intrinsic, shall have been produced, sold, delivered and famished in sine, camplianee with all applicable laws and regulations to which the goods use subject- The Sever shall execute sad deliver such documme, as may be required to effM or evidence compliance. All l cos and regulations required to be incorporated in agreements of Nis character are hereby incorporated herein by Nis refmxwa. The Seller Wines to indemnify and hold the Purchaser harmless ran all owns and damages inferred by to Purchaser as a result of the Sell. failure to comply with such law. 9. ASSIGNMENT. Neither patty shall vsio, trawler. or convey this odor, or any monies due or to become due hereunder winner the prior written consent of the other party. 10. TITLE. The Sol let warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest enc nduares and claims of others. The Seller shall release the Purtbvm sod its contmnors of any an but. all liability and claims of any mture roaming from the perfncomnce ofsuch work. This release shall apply even in the event of fault of negligence of the party relrud and shall extend to dm directors, officers and employees ofsuch party. The Sellers connection obligations, including warrenry, shall not be diamond to be reduced, in any way, because such work is performed or caused m be performed by the Purchaser. 14. PAI'ENI S. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infragemem by reason of the use of such patented design device, maeral or process is couneclow with the contract, end shall indenmify the Purchaser for any cost, expense or damage which it may be obliged es pay by reason of such infringement at any time during the prnsecmion or who, the completion of the week. In case and equipment, or my part therm( or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is erjoind, the Seller shall, at its own expense and at its option, either procure for the Purchvm the right to wminue using said equipment or parts, replace the same with substantially expo) but noninfringing equipment, or modify it so it becomes nmwdringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, it. an assignment for the berefin of creditors, eppaia, is or trwitt for any of rise Sella progeny or business, this other may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAN'. The definiliow ofit. usd or the tion,a ztia r of de, almorrom and the rights of all ponies hereunder shall be onsoned under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the services of Sellers Rep¢sentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work maker materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment we fncishd by others for installation or erection by the Seller, the Seller shall more, unload, store and handle same at the site and become responsible therefor as though such materials maker equipment seem being banished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the Raymond of workers rompewmiaq including occupational disease hen fits, to its employees employed on or in connection with the wars, rovemt by runs purchase offer, andror to their dependents in accordance with the laws of the since in which the wank is to be done. The Seller shall also cart, comprehensive general liability including, but but limited to, contractual and automobile public liability ins maroC with bodily injury and death limits of at least S300.00K) for any one person. S500,000 for any cno accident and pam rody damage It.,, per incident of 5400,000. The Seller shall likewise require his ommoners, if any, to provide for such ea m sewtion and imumnce. Before any of the Sellers or his contractors employees shall do my work upon the premiss of others, the Seller shall famish the Purchases with a certificate that such compensation and insurance have been provided Such cefficams shall specify the date when such compensation and insurance have been provided. Such ttnifmtes shall specify the dte when swh comparison and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after she entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution of Ne work provided for in this purchase order or in connection herewith. The Seller will indemnify and held harmless the Pumheer and my r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or extremes, whether direct or whiren, and whether to persons or property m which the Purchaser may he put or subject by reamn of any act action neg[en, omission or default m the pert of the Seller any of his contmnors, or any of the Sellers or contractors officers, agents or employees. In case any suit or office proceedings shall Ise brought against the Pa chess, or is officers, agents or employees or any time on women in by reason of any not, acres, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to asmme the defense thereof and to defend the same at the sellers own expense, to pay my and all costs, changes, attorneys fees and other expenses, my and all judgmens that may Ise incurred by or obtained against the Pushover or my of in or their officers, agents or employees in such suits or other procedurip, and in case judgment or other lien he placed upon or obtained appear the property ofthe Purchaser, or mid ponies in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same In be dissolved and diuhargd by giving bond or otherwise. The Sella and his contractor shall cake all safety preeautimu, famish and moral all good 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 riles and regulations issued pursuant thereto. Revised 032010