Loading...
HomeMy WebLinkAbout435885 NORTH AMERICAN BUS INDUSTRIES INC - PURCHASE ORDER - 9102829PO PURCHASE ORDER 91112 Number Page City of PURCHASE 9102829 ' °f z Flirt COI I ns This number must appear !V1�`` "' 1 on all invoices, packing slips and labels. Date: 05/04/2011 Vendor: 435885 Ship To: ENGINEERING DEPT-MASON NORTH AMERICAN BUS INDUSTRIES INC CITY OF FORT COLLINS 106 NATIONAL DR ENGINEERING DEPT-MASON ANNISTON Alabama 36207 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 05/28/2010 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 2 each - 60' articulated 1 LOT LS 1,514,136.00 low -floor, CNG powered buses per F2969, Santa Monica and Fort Collins consortium bid, the Purchase Agreement dated April 15, 2010, and Amendment #1 to the Agreement. Dept: Transfort - Mason Corridor Project City contact: Jim Hume, 970-221-6776 Transfort contact: Dave Leicester, 970-221-6205 z Addendum 1 LOT EA 10,522.00 Per Amendment #2 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Total 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 I. COMMERCIAL DETAILS. Tax exceptions. By startde the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certilieate of Registry 84-6000597 is registered with the Collector of internal Revenue. Denver. Colorado (Ref. Colorado Rcviscd Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected_ GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be returned to you for credit and are not to be replaced except upon receipt of wriocn instructions form the City of Fort Collins. Inspection. GOODS me subject to the City of Fort Collins inspection on arrival. 11. NONWAIVE:R. Failure of the Purchaser in insist upon strict performance of the terns and conditions hereof. failure Or ddny to exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the ornt of a breach, the acceptance of or paymcvt for ponds hercender or approyei of the design, shall not release the Seller of any of the warranties Or obligations of this purchase order and shall not he dcmmcd a veuiwer Of any right of the purchaser to insist upon strict performance hercefor any of its rights or remedics as many such goods, rcgordkss of when shipped received or 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 elfin Or orally of the Isms hereof, Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can retail in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pan of the City Of Fan Collins. Ho.v er, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic pmeliee, overcharges resulting from antilnsst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. vtolalions 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 Pnrehascr airy and all claims it may tiny have or herca Ocr Freight Tents. Shipments must be LO.K. City Of Fort Collins. 700 Wood St., Tom Collins, CO 86522, unless aequtred under federal or state ant imist Imes for such Overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purcha Ser pursuant to Ihis purchase oner, bill must accompany invoice Additional charges for packing will act be accepted. - 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchnscr directs the Seller to correct nonconfnmuing or defective goods bell drdc In be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice syhma purchaser and the Seller, and the Seller thereafter indicates its inability or umviliingness to comply, the Purchnscr Shipments arc made from greater distance. may cause the work to be perfommd by the most expeditious means available to it turd the Scllcr Shall pay all cops associated with such work. Permit,. Seller shall procure at sellers sole cost all necessary permits, ecnifieates and licensee required by all applicable laws, regulations, ordinances and odes of the state, municipality, territory, or political subdivision where the work is perfumer. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamtless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives arc. in fact, bran fide and possess full and complete authority to bind said panics. [,IMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hcrcin Set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tents and conditions proposed by selicr arc objected to and hereby rejected. 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 the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operate as a waiver of this prevision. In file event of any delay, the Patch nscr shall have, in addition to other legal and equitable remedics, the option of placing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a resell of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its milt ofncgligcnec, such acts ofGod, nets ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riot provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. i. WARRANTY. The Scllcr warrants that all goods, articles, materials and work covered by this older will conform with applicabic drawings. specifications, samples and/or other descriptions given. will be fit for the pnrpews 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 from ally loss, damage or espouse which the Purchaser may Sol or incur on account of the Sellers breach of warmnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Inv or by the remvs of any applicable wurranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from, imperfect or defective work done or materials famished by the Scllcr Acceptance or use of goods by the Purchaser shall not call a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach Many of the foregoing rvammecs or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhuer may make changes to legal terms by written change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal wrens, including additions to or deletions finer the quantities originally ordered in the specifications or drawings. by verbal or wrinca change order. If any such change affects the amount due or the time ofperformancc hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment benycen the panics it, 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 re,pret to any goods which me the Scllcrs standard stock. No loch termination shall rehove the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or wrinination is redcooL R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fitrnisled in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller Shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations rcmumd to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hammless from all cost and damages 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, many monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wam. nts full, clear and unrestricted title to the Purchaser poll equipment, materials, and ncris punished in perfomtance of this agreement. free and clear of any and all liens, restrictions, reservations, wcudry interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release Shall apply r,en in the seem of fnnit of negligence of the party releuccd and shall extend to the directors, officers and employees of Such party. The Seller's conirncrual obligalims. including svarmmv. Shall not be deemed to be reduced, in any may. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever, the Selicr is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller still]] indemnify and save harmless the Purchaser from any and all cininis for infringemenl by reason of the use of such patented design, device. material or process in connection with the contract, and Shut indemnify the Purchaser for any cost, expense or damage which it may be Obliged In pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work In case said equipment or any pan thereof or the intended use of the foods, is in such suit held to constitute infringement and the use of Said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using .Said equipment or pans, replace the same with subctnntinlly equal but noninfringing equipment, or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller .Atoll became inwlvent Or hankrept make an assignment for the benefit of creditors, appoint a receiver or towee for any of the Seller, property Or business, this node, may forthwith be canceled by the Purcha,cr without liability. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation of de mgrcenent end the rights ofall parties hercmrder shill be corstowd under and governed by the Imes ofthe State ofCcloo do, USA. The following Addilinnnl Condiliens apply only in cases where the Seller is to perforin work hcreend¢ including the.services of Sellers Rcpresenmtivc(s), on the posits.. of others. 17.SELLERS RESPONSIBILITY. The Seller shall Cary On said work at Sellers men risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or nmtcrials before Seller's Final completion and acceptance. complete the stork at Seller's own expense and to the satisfaction of the Purchaser. When nmtcria]s and equipment arc furnished by others for installation Or erection by the Seller, the Seller shall receive, unload. store and handle snmc tit the Site and become responsible Therefor as though .such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE:. The Seller shall, at his own expense, provide for the payment of workers con,pcnsmien, including werpitural disease hmnel to its employees cmp]oyed on or in connection will, the work covered by this purchnsc nr]cr, and/or In their dependents in accordance with the lams or Om stale in which the work is to be done. The Seller Ship also carry comprehensive general liability including. but not limited to, ernnuctual and automobile public liability incur,s ace will, bodily injury mid death limits Oral ?cast S300,000 for any ono person, S500,000 for any one accidentand property damli age mit per accident of S400,W0. The Seller Shall likc"ise require his contractors, if any, to porvid, for .such cnnpcn,mirst and insurance. Before any Of file Sellers Or his contractors employee, shall do any work upon fhc prcmiscs of others, the Seller shall furnish the Purchaser with a certifie re that such compensation and insurance have been provided. Such reniftetes shall specify the date when such compensation and insurance have been provided. Such certificatcs shall specify the date when ,such compensation and insurance expires- The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is mnpieted and wc,,rd, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. less or injury rfanv kind or nature whmsrtever to persons or property caused by or rescuing from the execution of the work provided for to this purchnsc order or in connection herceith. The Seller will indemnify and hold harmrlcss the Purchaser and any Or all Of the Purchasers officers, agents and employees from and against any and all claims, losses, danaget. charges or expenses, whether direct or indirect, and whether to persons or property to which file Purchnscr nosy be put or si biect by reason of any acl, action, neglect, omission or default on the pan of the Scllcr, ow of his contractors. or any of the Sellers of contractors efftecrs, agents Or employers. In case any suit or other procecdingS shall be brought against the Purchaser, or its oReers, agents or employees at any time On 1CCmTm Or by reason of any act, action. neglect omission or default of the Seller of any of his contractors or any of its or Their oReers, agents or employees as aforesaid, the Seller hereby agrees to assume the defonsc thereof and to defend the same at the Sellers men expense, to pay any and all casts, charges, mtomcys fees and other expenses. .any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or empioyce, in such spits or other proceedings, and in case judgment or other lien be placed upon or rbtnincd against the property of the Purchaser, or said parties in or as a result of such suits or other proecedngs. the Seller mill at once cause the same to be dissolved and discharged by given,, bond Or rthcnvesc. The Seller and his contractors ,droll take all safety precautions, furnish mad install all points necessary for the prcvanton Of ,accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Heahh Act of 1070 and all rules and regutations issued pursuant Iherclo. Rcviscd ON2010