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HomeMy WebLinkAbout536832 NABI BUS LLC - PURCHASE ORDER - 9145550Fort Collins Date: 09/24/2014 Vendor: 536832 NABI BUS LLC 106 NATIONAL DR ANNISTON AL 36207 PURCHASE ORDER PO Number Page 9145550 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 09/23/2014 Buyer: DOUG CLAPP Note: per F2969 Santa Monica & Fort Collins consortium bid - 4/15/10 and all amendments to that Agreement. ref also PO# 9102829 for (6)buses. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2 x NABI 60' BRT Buses Addendum # 6 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 1,731,282.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9145550 2o13 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price signed 9122/14 Model 60-BRT Transit Bus - $842,337.00 (April 2012) -+ $23,304.00 (PPI June 2014) = $865,641.00 Dept: Transfort - Max Project Contact: Purchasing - Doug Clapp ph# 970-221-6776 Transfort - Dave Leicester ph# 970-221-6625 Deliver completed units & title documents to: Transfort 6570 Portner Road, Fort Collins, CO 80525 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 Total $1 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sr' a and Road taxes. Our Exemption Number is 98A4502. Federal Excise Tnx Exemption Cunlficme of Registry 84.6000581 is registered with the Collision, of Internal Rover. , Dmain, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due f failure m meet specific arum, either when shipped or due m deficit. of damage in torah may be command to you for credit and are not to be replaced except upon receipt of women instructions fmm fc City of Fan Collins. Inspection. GOODS art subject m the City of Fon Collins inspection on gingival. Final Acceptanm Receipt of the merchandise mourvoce, or equipment in response In this order can result in anthorirod payment on the pan of the City Of Fort Collins However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure. Freight Tams. Shipments must be F.O.B., City of Pun Collins, 100 Wood St, Fort Collins, CO 80522, We. otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fmm Me nearest distribution paint to destination, and excess freight will be, deducted fiom Invoice when shipments are made from greater distance. Permits, Seiler shall procure at sellers sole cost all necessury permit,,, mrtificatn and lwouses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other only constitudd public authority having jurisdiction over the work of vodor. Seller fmm, agrees, io hold the City of Fon Co11ins hmmless from and against all liability and loss incurred by them by reason of an warned or established violation of my such luws, regulations, restaurants, rules and requirements. Andiarimation. All parties to this contract agree Nat the representatives we, in fact, bona tide and possess full and mmplme authority to bird said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set with and any supplementary or additional terms and conditions atmexed hereto or incoryamted maxin by reference. Any additional or diRran tetras and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immNiately if you camwt make complete shipment to arrive on your promised deivery dam as noted. Time is of the assorts. Delivery and performance matt be eRe ced within the time stater on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late delivedes, shall operate as a waiver of this linwi int. in the event ofany delay, the Purchaser shall have, in addition to order legal unit egalfble rrmedlm, the oplum Of piecing no, order el,..bcm and holding Me Seller liable for damages. Ilowaor. the Seller shall not be liable for damages as a result of delays due to muses trot reasonahly foreseeable which art beyond its reasonable control and without its fault Of negligence, such acts ofGod, acts orci,il Or military authandes, governmental proof fires, stnkes, Boos, epidemirs, wars m hots provided that notice of the conditions causing such delay is given to the Purchases within five (5) d ys of the time when the Seller first received knowledge therm[ In the event of any such delay, the date of delivery shall be extended to, the permnd equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, rnatenals and work, covered by this order will conform with applicable drawings, specifications, samples anther other descriptions given, will be fit for the purposes intended, and perforated with the highest degree of cart and competence in accordance with accepted standards for work of a similar nature. The Seller agree to hold the purchaser harmless flown any Ions, damage or expense which the Purchaser may suffer or incur an account of Me Sellers bramb of warranty. The Seller shall replace, repair or make good, without can to the pu¢baseq any defects m faults wising within one (I) year or within such loager lend! of time as maybe prescribed by law or by the terror of any applicable warranty provided by the Seller offer the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goad by the purchaser shall not omtitum a waiver of any claim under this warranty. Except as oferwiss provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the f nalmr g warranties or guanntem, but such liability shall in no went include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI IANGES IN LEGAL TERMS. The Purchaser may make dmnges to legal terms by written change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may, make any changes to the form,..her than legal terms, including additions to or deletions from the qumndia originally ordered in the specifications or drawings, by verbal or written change order. If any such change affairs the amount due to the time of t,akerom es, hereuadeq an apnodale adjnment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wtium change order geminate this agreement as to any or all Factions of the goods fen not shipped, subject to any equitable adjustment br mern Me patio as to any work or materials then in progress provided that the Pmchascr $bill not be liable for any claims for anticipated profs on the uncompleted ponion of the goods wal/cm work, for incidental or consequential damages, and that no such nominal aut be made in favor M the Seller with respect to any goods which arc the Sellers standard stock. No such termination shallrelieve the Purchaser or Me Seller of any aftheir obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for ndjustmat most be asserted within thirty (30) days boom the des, the change or lamination is ordered. K COMPLIANCE WITH LAW. The Seller warmnd, that all goods sold hamster shall have been produced, sold, delivacd and f uhed in strict compliance with all applicable laws and regulations to which Me good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required In h incorporated in agreements of this character are hereby incorporated herein by this intercom. The Seller agrees . indemnify and hold the Purchaser hamdas fmm all cost,, and damages suffered by the Purchase, as a result of the Sellers failure to comply wif such law. 9. ASSIGNMENT. Neither parry shall assign, handles, or convey fis order, or any monies due or to become due hereunder without the prior written consent of the other party. 10, TITLE. The Sella warrants full, clear it umatricted OR, to the Pmchacor for all equipmen4 mntrrals, and item Burnished in performance of this agreement, free and clew of any and all 1icm, rnuidiom, reservations, security interest encumbrances and claims cruisers. I I. NONWAIVER. Failure of the Purchaser to insist upon strict Important rtant of the terms and m ohlions hereof, failum or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, he acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller or any of Me warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser go egan upon strict perfofinum,herein(or any of its rights or managesm to any such good,regardless of when shipped, reccivN or accepted, as to any prior or subsequent default remuMa, tmr shall any pudoned oral modification or rescission of this purcM1ase order by the Pnrclvaser opera, as o waiver, of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from an0,ust violations arc in fact boons, by the PrucM1aser. Theretofore, for good muse and m consideration for executing this Franchise will Ore Seller hereby msigm to the Purchaser any and all claims it may now have or hereafter acquired under federal or state meaning laws for such overcharges relating to the panicular goods or services purchased or acquired by the Purchaser pursuant this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconfomting or defective goods by a date to b, agreed upon by Ore Purchawr and the Seiler, and the Seiler them in indicates its inability or unwillingness to comply. the Purchmer may cause the work to be performed by Me most expeditions means available to it, and Me Seller shall pay all costs mwcimed with such work. The Seller shall ,I. the Purchaser and its contractors of any tier fmm all liability and claims of any tmfrc resulting fmm the performance ofsuch work. This mime shall apply even in the event of fault of negligence of the parry, released and shall extend to the directors, officers and employees ofsuch party. The Seller's contadtml obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, parent, trademark or coUngM1l, the Seller shall indemnify and save harmless the Pumhmer from 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 Purchmer for any cast, expense or damage which it may be obliged to pay by rmwn of such infringement at any time duriug the prosecution or color the completion of the work. In case said equipment, or any pout thereof or the intended use of the good, is in such suit held to comtimm infringement and the we 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 parse, rtplaoe the same with subsmntiilly equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bmkmpt, make an assignment for Me tore fir of confirm, appoint a receiver or vumee for any of the Sellers property or brains,, this order may fonovith be canceled by the Pu umm n without liability. 16. GOVERNING LAW. The definitions oftertm user or the interpolation of the agreement and the rights of all patties hereunder shall IN, committed order and governed by the laws ofthe State ofColoadu, USA. The following Additional Conditions apply only in where the Seller is to pmm frwork hereunder, including Me services of Sellers Representations), on thecases premises afothers. Il. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own risk it the ante is fully completed and amended, and shall, in case of any accident, destruction or injury to the work and/or materials begone Sellers ❑oal completion and acceptance, complete the work at Sellers own expense and to the sati'Emona ol'the Purchaser. When materials and equipment am famished by others far ventilation or erection by the Sella, One Seller shall receive, unload, store and handle same at Me site and become responsible therefor as though such materia6 and/or equipment were being Burnished by Me Seller moment the order. IN. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefs, to its employees employed oa or in wntalion with the work covered by this purchase ardor moor to their depeMmts in accordance with the laws of the state in which Me work is to be done. The Seller shall also carry comprehemom Normal liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any eamaccident and property damage limit per accident of $400,000. The Seller shall likewise require his mctors, if any, to provide for such compensation and imurnm e. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a conifimm Oast such mmpettsation and Imumnce have been provided. Such certificate shall specify Me dine when such ompemafion aod insurance have been provided. Such ecnifimtes shall specify the date when such compensation and insurance expires. The Seller agrees that such compam ition and insurance shall be maintained until after the nuns work is onsainenot—it.,cited. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller badly assumes the entire rapomibiliry, and liability for any and all damage, lass or injury of any kind or reduce whatsoever to persons or pmpeny caused by or resulting tram Me execution of Om work provided for in this purchase order or in connection herewith. the Seller will indemnify and hold hmmless the Purchmer and any torIt of the Panclowers officers, agents end employees from mitt 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 reaon of any act, action, neglect, omission or default on the pan of rite Seller, any of his comadors, or any of the Sellers or mntrutora officers, agents or employees. In case any and or other proceedings shall be bought against the Ptuchuer, or its dificers, agents or employees at any time on.. or by reassion of any act, action, neglect omission or default of the Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Seller M1ereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the primmer or any of its or their officers. agents or employees in such suits or w1 er proceedings, and in rase judgment or order lien be placed upon or obfaud against Me property ofthe Purchmer, or said parties in or as a result of such suits or offer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractor shall take all safety precautions, famish and install all gmrd necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimtion, the Occupational Safely and Health Ad of 1970 and all roles and regulations issued pursuant thereto. Revised MEOW