HomeMy WebLinkAbout109160 ROSENBAUER MINNESOTA LLC - PURCHASE ORDER - 9136813PO
PURCHASE ORDER 913681 Number Page
C117f of PURCHASE
9136813 ' of 2
' `t( Oil I ns This number must appear
V ` on all invoices, packing
�slips and labels.
Date: 09/12/2014
Vendor: 109160
ROSENBAUER MINNESOTALLC
5181 260th ST
PO BOX 549
WYOMING MN 55092
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 12/20/2013 Buyer: DOUG CLAPP
Note: ref. 2009 cooperative agreement & contract
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 addendum date 7/23/14 1 LOT EA 6,489.00
ref. CO's 1-6 - invoice 65835
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@fogov.00m
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
ase Order Teats and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from slate unit loan taxes. Our Exemption Number is
98 04502. Federal Excise Tax Exemption Cm ificme of Registry 84-6000587 is registered with the Collector of
late—[ Revenue, Denver, Colorado (Ref. Colorist Revised woman, 1973, Chapter 39-26, 114 (a).
Goads Rejected. GOODS REJECTED due to failure w meet specifications, either when shipped or due to defect of
damage in mount, may be reamed to you for train aM am not to be replaced except now receipt of women
instructions farm the City of Too Collins.
lnspation GOODS arc subjecuo the City of Fort Collins inspection on optical.
Final Acceptance. Receipt of the merchandise, services, of equipment in response to this oNer Cancull in
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that, FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If Permission is given w prepay freight and charge separately, the original freight
bill mum accompany invoice. Additional charges for Tacking rill not be accepted.
Shipment Distance. Where manufacturers have distributing points in swims from of the country, shipment is
expected from the nsrtm distribution point to destinstion, and excess freight will be deducted farm Invoice when
shipment are made from greener distance.
Pem,irs. Sella shall pnrowe at sellers s.fr cost .II necessary permits, wnieam, and licenses required by all
applicable laws, regulmiuns, ordinances and tales ardor snare, municipalit, tenimry or political subdivision where
the work is performed, or required by any other duly comliNted public ..,badly havin,mrsdounin ova the work
of vcndo, Seller tarter agrees w hold the City of Fair Collins harmless from chat against all Inability and loss
incunevl by them by reason of an asserted or established violation of any such laws, regulations, mdimmes, rules
and requirements.
Authorization. All pries w this contract agree than the representatives arc, in fact. bona fide and pmsess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchaser Order expressly limits acceptance w the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incoryomted herein by
reference. Any additional or different firms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENT Immediawly if you cannot make complete shipment an arrive on your
promised delivery date us noted. Time is of the =srsre. Delivery and pert ance most be effected within the time
sated on le pmhme order and the document couched has. No acts of the Pmchmers including, without
limitation, acceptance ofpovial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Poorhouse, shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for manages; as a result of delays
due in causes an, reasonably foreseeable which me beyond in reasonable control and without its fault of negligence,
such nets of God, act of civil or military authorities, governmental priorities, Ores, strikes, Tod, epidemics, wars or
nor, provided that notice of the conditions coaling such delay is given to the Pumhaser within five (5) days of the
rime whim the Seller fast received knowledge thereof. In the event of any such delay, the date of delivery shall be
ememded for the period equal to the fire actually 1. by rtvwn ofine delay.
11. NONWAIVER.
Failure of the Purchaser m imist upon strict performance of the terms and conditions hereof, failure or delay to
any rights or remedies provided herein or by law, failure to promptly aolify the Seller in the event of a
breach the acceptance of or payment for goods herewder or approval of the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be, deemed a waiver of any right of the
Purchaser to insist upon stria prof pace hereof or any of its rights w remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior car subsequent default hereunder, nor shall any purported
oral modifauon or remission of this purchase order by 1be Potchuer operate as a waiver of any of the term=
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in mural economic practice, overcharges resulting farm antitrust
violations are in fact home by the Purchaser, Theretofore fogoad cause and as consideration far examing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state prompt lax, for such overcharges reining to the p rnicular good; or services
purchased or acquired by the Pumbaser pursuant to this purchase older.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purclamr directs the Sella to correct nonconf ing or defMive goods by a date to be agreed upon by the
Pur,hoser and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply. the Purchaser
may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all
costs associated with such wak.
The Seller shall releau the Purchaser and its contractors of any per from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend w the
direcmrs, .hirers and employees of such Party.
The Sellers caner meal obligation,, including marenry, shall nor b, deemed a be reduced. in any way, because
such work is performed or aumd In be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is w, iced to useany design,device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchaser farm any and all claims 1'o, infringement
by reason of the use of such patented design, device, material or process in connection with the =comet and
shall indemnify the Purchaser for any cost ex,sma, or damage which it may be obliged to gay by reason of such
infringement at my time during the proseation an after the completion of the wort. In case said equipment, or
any pan thereof or the attended zee of the good, is in such suit bend to =n,fimre infringement and the one of
said aluipment or pan is =joined, the Sella shall, at its own expense and at it option, either procure for the
Purchaser the right to continue in, said equipmen, or pans, replace the same with substantially equal but
morainal equipment, or modify it s s it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or m o me for any of the Sellers property or business, this order may forthwith be canceled by de
Purchaer widow, liability.
3. WARRANTY.
16, GOVERNING LAW.
The Seller warrants that all good, articles, materials aml work covered by this order will confoan with applicable
The definition, of tomes used or the interprewtion ofthe agreement and the right of all panic lbpspaate, shall be
drawings, specifications, samples and/or other descriptiorts given, will be fit for de proposes intended, and
combined under and governed by the laws ofthe Stem of Colorado, USA,
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 pumhaser harmless form any loss, damage or expense which the
'.
The following Additional Conditions apply only in cams where the Seller is to perform work hereunder.
Purchaser may sutTcr or incur on account of the Sellers breach ofwwranly. The Seller shall replace, repair or make
including the services of Sellers Represenalive(s), on the premises ofothers.
goad, without cost to the purchaser any defects or fault wising within one (1) year of within such longer Proud of
IT SELLERS RESPONSIBILITY.
time w may be prescribed by law or by le truth of any applicable warranty provided by the Seller after the date of
wcepaace of the good famished loppo der (acceptance not ro be umeuoaubly ddayal). resulting farm otherfttr
The Sale, stand tarty on said work al Sellers own risk until de same is fully complaed and accepted, and shall.
or deferive work done or mslenals furnished by the Seller. Alapprowe or use of goads by the Purchaser shall no,
in au of any accident, dswaion or injury m the work, music, momd.ls before Sellers final completion and
inc rom of complete the work a Sellers owe expense and to the satisfaction of the Purclumr. When malc,lals
any claim under this wamanry. Except o odrcrviu provide) I. y purchase going de Sellers �
liabilimm a waiver, shill de broach of my foregoing
hereunder shall extend m all damages proximately soup
_
and equipment are fumishW by others for installation or election by the Seller, de Sella shall uaeive, udoad
or guiry
O IMPLIED IULANT1
s, but such liability s�allinnoevent include loss fi or use.NOIMPLIED WARRANTY
Pomi though such cquipmrn
stare and handle same at the site and become m ble therefor us thou h mataiat andor ,
Aloss,
ESHAL
OR MERCHANTADILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
O MERCHANTABILITY
were being famished by the Sella under the order.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make clum,es to Iea1 terms by what. change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the ,emu. Ober than legal Terms, including addifion, a or deletions from
the quern ai s originally ordered in the specifications or ciamings, by s'e nit or women change order. If my such
change aflabi the amount due or the time ofpefformmtt hereund=, an equitable edjutment shall be it,.
6. TERMINATIONS.
The Purchaser may at any lime by wdnim change order, terminate this agreement as 10 any ar all pam of the
goods then not shipped, subject to any crumble adjuamem between the patios as 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 good and/or work, for incidental or co own,palial damages, and fact no such adjustment be made in
favor of the Seller with roped to any good which art the Sellers summand stock. No such wnmiation shall relieve
the Purchaser as the Sella of any ofdeir obligations as to my good delivered bereunller.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be aumed wild. thirty (30) days from the dam the change or termination is
ordinal.
8. COMPLIANCE WITH LAW.
The Seller ..part that .II goods sold hereunder shall have been produced, sold, delivered and famished In strict
compliance with all applicable laws and regulations an which the goods or subject. The Seller shall execute and
deliver such documents as may be remised to effect or evidence compliame. All laws and regulmiuns required w be
incorporated in agreement of this character m< hereby inumpomand herein by this reference. The Sella agrees to
indemnify out hold the Pumhamr harmless futon all costs pool dvnages suffered by the Purchaur as a result of le
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall ensign, transfer, or convey this at or my monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted tide to the purclenser for all National, materials, and itrna furnished
n performance of this apermeat floe and clear of my and all lien, astrictions rinternational, security imrns,
encumbrances coat claims ofoders.
18. INSURANCE..
The Seller shall, at his own expeoam, provide far the payment of workers compensation, including occupational
disease benefits, w its employees employed on or in connection with the work covered by this purchase oNer,
cursor to their Jependent in accordance with the laws of the some in which the work a to be done. The Sella
shall also arty comprthemive general liability including, but not limited to. contractual and autanabile public
liability insurance with bodily injury and death limits of at least $300110o far any one persmi, 5500,00(t for my
com accident and property, damage limit per accident of 5400,000. The Sella shall lilumim require his
apportion, Italy, to provide for such compensation and insurance. Before any tribe Sellers or his contractors
employers shall do any park upon the premises of others, the Seller shall famish the Puchasa with a an ificar,
that such compensation and insurance have been provided Such c mifemes shall specify the date when such
compensation cad insurance have be= provided Such cenifiates shall specify the dare when such compensation
and insurance expires. The Seller agrees that such compensation and insurance sM1all he maimained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire responsibility and linduiry for my and all damage, has m injury of my kind
r naturt whosoever to persons or parperry caused by or resulting farm the execution ofthe work provided for ht
this purchase order or in connection herewith. The Sella will indemnify mat hold harmless the Purchaser and my
r.11 of the Portion— officers, agent and employees farm and against any and all claims, losses, damages,
charges or expenses whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Pumi r or it officer, agents or employees at any time on account or
by reason of my tat action, neglect, omission or default of the Seller of my of his contmaors or any of it or
thew officers, agents or employees as aforesaid the Seller hereby agrees to assume the defelue the r=f and to
defend for tame., the Sellers own experue, w pry any spot all rust, charge, mlomey, foes and other expausco.
my wad all judgment dot may be incurred by or moan d against the Purchaser m my of it or their oRice t,
agents or employees in such suit or other pmceWirip, and in cam judgment or od= firs be placed upon or
obtained against le, Property, ofthe Purchaser, or said parties in or as a permit of such suit or other proceedings,
the Seller will at once actual the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safely precautions, f ash and install all guard necessary for the prevention of
accident, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupalioml Safay and H=1thAct of 19p) and all poles and regulations issued pursuant fiction.
Revised 07n014