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HomeMy WebLinkAbout536832 NABI BUS LLC - PURCHASE ORDER - 9142436 (2)City of F„6rt Collins Date: 10/14/2014 Vendor: 536832 NABI BUS LLC 106 NATIONAL DR ANNISTON AL 36207 PURCHASE ORDER PO Number Page 9142436 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: 04/30/2014 Buver: DOUG CLAPP Note: ref. DART, Dallas competative bid & Contract No. C-1018492-01 Line Description Quantity UOM Unit Price Extended Ordered Price (y 7x31'LFCNG 3 X 40' LF CNG ref. DART, Dallas Contract No. C-1018492-01 per Purchase Agreement dated - (7) 31ft-LFW-CNG @ $438,925.00 each - (3) 40ft-LFW-CNG @ $465,211.00 each total = $4,468,108.00 Dept: Transfort Deliver vehicles and documents to: Transfort Shop 6570 Fortner Road Fort Collins, CO 80525 Trnasfort Contacts - Dave Leicester & Mike Conley 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.mm 1 LOT EA 624,153.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914243er Page CI�/Of 9742436 2of3 F6r} Collins This number must appear //_'',�'`�_J`-' ` ` 1 1 on all invoices, packing �slips and labels. Line Description Quantity Ordered UOM Unit Price Extended Price 2 y Motor Vehicles and Accessories 1 LOT EA 1,283,990.00 3 .t Motor Vehicles and Accessories { Amendment # 1 dated 9/17/14 ref. minor equipment changes as per Amendment No. 1 signed by all parties. 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.com 1 LOT EA 1 LOT EA 2,559,965.00 349,654.00 Total 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 Condilions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. FWeml Create Tax Exemption Certificate of Registry 84-60005S7 is registered with fie Collector of Failure of the Purchaser to insist neon strict performance of the coma and conditions hereof, failure or delay to Inume] Revenue, Drover, Colorado (Ref. Colorado Revised Suffices 1973, Chapter 39 26,114 fify exercise any rights or remedies provided herein or by law, failure to promptly notify Ore Seller in the event of a branch, the acaplance of., payment for goods hereuada or approval i fahe design, shall not release fie Seller of Grads R jeered. GOODS REJECTED due to failure to and specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any eight of the damage in transit, may he, returned to you for credit and are nut to be replaced except ...a receipt of written purchasemo insist upon strict performance hamfoo anyofits rights aromatics as to any such goods, regardless remocli.ns fmm the City of Fort Collins. of when shipped, recavul or aceepred, 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 ds teats Inspection. GOODS me subject n the City of ran Collins inspection con arrival. hereof Final Accordance. Receipt of the merchandise, services or equipment in rummon, to this order can ruins in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on be Wa of the City of Fort Collins. However, it is to be understood shot FINAL Seller and the Purchaser acogles, that in mina] economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations art in fact lame by the Purchaser. Theretofore, far goal cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or herwher Freight Tenn. Shipments must be F.O.B., City of rod Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state maiwst laws for such overcharges relating to the rnnicolar Goads or services othewin specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purhaser pursuant to this purchase order. hill mail mmmnanv:nve- Additional rhaaves for mekhte will not be accented. Shipment Distance. Where manufxmrers have distributing points in various pans of the summary, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted farm Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary peanuts, certificates and licenses raluired by all applicable laws, regulations, ordinance and roles of the stare, municipality, territory or political subdivision where fie work is performed, or required by any other duly masticated public authority having production ova the work of vendor. Seller further agrees to hold the City of Fort Collins harmless farm and against all liability and loss fired by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles incurred nd ramirmnmts. Amhnrie.a.c. All parties t. this confine agree that the representatives are in fact. bona tide and possess full and complete amboary to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition stated herein set forth and any supplementary or additional mints and conditions annexed hereto or incorporated herein by reference. Any addirional or Or proton terms and conditions propped by seller are objected in and hereby rejected. 2-DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipmcm m active tin your pmmixed deliverydare lonoted Time is of fie amerce. Delivery and perfommner must be a fecmd within the time stated on the purchase order and the dmoment attached hereto. No ass of fie Purchasers including, without Iimibuiro acceptance of partial late deliorries, shall epemm as a waiver of this provision. In the eval ofany delay, the Purchaser shall love, in mWition to offer legal and muimble remedies, 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 result of delays due m rmsea not assembly foreweuble which nut beyond its reasonable control and without its fault of:agligence, mcM1 acts of God, act of civil or military authorities, govemmenml parities, fires, strikes, Brad, epidemics, wars or noes provided fat notice i f the condition caning such delay is given to fie Purchaser within Free (5) days of ibe time whin are Seller ❑rsd received knowledge there f. In fie event of any smb delay, the date of delivery stalk be ewmded arrive pound eqal da he rime acreally lost by reason offer delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this under will conform with applicable drawings, specifications, samples and/or other descnptions given, will be fit for t]to page.. intended, end performed with are highest degree of care and competence in reconstruct, with accepted sdmdaals for work of a similar nature. The Sella agrees to hold fie puromwer hannless from any loss, damage or expense which the PumM1ader may suRer or monarch account of fie Sellers breach of warranty. The Seller shall "lace, repairer make good, wabout coma the purchase, any defects r faults mixing within one (1) year or within such longer pared of time as may be presented by law or by the terms of any applicable wantonly provided by the Sella after the date of acceptance ofdte goods famished hereunder foceepti nce not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not conritute a waiver artery claim under his waaranly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend 10 all damages pro,immdy -.it by the breach of any of the foregoing warranties or guarntees, but such liability shall in no event include loss of pmfa or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pmel aer may make changes to legal terns by wagon charge .,it,, 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any change to the terms, Other Oat legal Isms, including additiam to or daimon film the quantities annually ordered in the specifiedion or drawings, by verbal or written change order. If any such change aRmts the amount due or the time ofperfammnce hereunder, ern equitable adjustment shall be made. 6-TERMINAI IONS. The Purchaser may at any time by wdnen change order, terminate this agreement as to my or all odious of fie good fen not shipped, subject 10 any equitable adjustment between the ponies as to any work or materials that in progaess provided Out the Purchaser shall act Is, liable for any claims for nufaNred profirs on fie uncompaed portion of fie good andfor work, for incidental or consequential shortages, and fat 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 of any of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADIUSTM ENT. Any claim for aditudin nl must be asserted within thirty (30) daYs fmm the date the change or termination is oadered. S. COMPLIANCE ATTH LAW. The Seller warrants 'bar all good sold hereunder shall have been produced, sold, delivered and Furnished in strict compliance with all ap,Ii,ablc laws and morlalluos to which the goods are subject. He Seller shall execute and deliver such documents us may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrcn to indemnify ail M1OM fie Purchaser harmless fmm all toss and damages suffered by the Purchader as a result of fie Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinm eonrent of fie other party. IR TITLE. The Sella warrants full, clear and mormateaN Otte m the Purchaser for all equipment, mamaals, and items furnished in performance of fis agreement, free and clear of any and all liens, restrictions, reservations, readily interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchased hands the Seller to correct nonconforming or defective goods by a date to be agreed upon by fie Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purhaer may cause the work to be serf rmM by the most expeditious means available in it, and the Seller shall pay all cods associated ,in such work. The Seller shall release the Purchaser and it conttnctors of any tier man all liability and claims of any nature resulting from the perfamrantt ofsuch work. This release shall apply even in the event of fault of negligence of the party retested and shall extend to the drecmrs, officers and employees of such rarty. The Settees contractual obligations, including waranty, shill not led deemed to be reduced, in any way, because such work is performed or caused to ed performed by fie Purchaser. 14. PATENT'S. Whomever the Seller is required to use any design, device, material or process covered by Inner, paint, trademark or copyright. the Seller mal I indemnify and save trades, the Purchaser from any and al l et. ins for infringement by reason of the per of arch patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the mmplclion of the work. In an said equipment, or any pan thereof or the Iceoded ate of the gust, is in such suit held to constitute infringement and be use or said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either prance for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but arninfringing equipment, or modify it so it becomes notion/ringing. I S. INSOLVENCY. If the Seller shall beoomc insolvent a bankrupt, make ern assignment for the benefit of cmditors, apron, is Pu¢or rmsme for any of fie Sellers property or business. this order may forthwith b, canceled by the hmer without liability. 16. GOVERNMG LAW. The deinumn, oftenns used or the intimidation off, agreement and the rights of all putties hermnder shall be emanated under and governed by the laws of be Stain of Colorado, USA. The following Additional Conditions apply only in dow,, whew the Seller is to pajorn work hereunder, includingthe servicesof Sellersffamet nmivo(s). on fiepremisesofofers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own ask until the same is folly completed and accepted, and shall, to an of any accident, destruction or injury to the work and/or materials before Serie's Gaul completion and acceptance, complete fie work at Sellers own ex,ard and to the satisfaction of the Pmchasa. When materiels and equipment are famished by ome. fin installation or erecion by the Seller, the Seller slap active, unload, store and handle same at fie site and become responsible therefor to though such materials =Nor equipment were being furnished by he Seller under the order. I S. INSURANCE. The Sri ter shall, at his awn expense, provide far the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase roan, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Sella shall also carry comprehrnsive general liability including, bur not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,053 for any one ream, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his ontinent, if any, to provide Car such compensation and insurance. Before any of the Sellers or his contractors employees slash do any work upon the pncmises of others, the Seller shall famish the Purchaser with a certificate far such compensation and insurance have been provided. Such certificates shall specify fie date when such companation and iusumme have been provided. Such certificates shall specify fie dam whim such compenation soul tear mine el,amc The Seller agrees fin such compensation and immune, shall be maintained until after fie entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the entire mspmsilohl, and liability fur any and sit damage, less or injury truly kind or nature whmeaever to persons or property caused by or resulting from the execution of the work provided for in this purchau order or in connection herewith. The Seller will indemnify and hold hamtleas One Purchaser and any r all of he remittances onicers, agent and employees farm oss¢ m against any and all claims, l, damages, charges or expenses, wheher direct m induced, and whether to persons or property to which the Puchaer may be put or subject by reason of any not, action, regaar, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors oRcers, agents or employees. In rare any suit or other proceedings shall be brought against the Purchnm or its officers, agents or employees at any fire on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agent, or employees ses aforesaid, the Seller hereby agrees to —am, the defense feacf cook to defend the same at be Sellers a— expense, do pay any and all cps, charges• ataomeya fees am orlrcr exposes, any and all judgments that may be hearted by or obtained against the Purchaser or any of its or their officers, agent or employees in such suit or other proceedings, and in can judgment or other lim be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, ,he Seller will at once an the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall mine all safety precautions, famish and install all guard andwaary for the prevention of accidents, comply with all laws and regulations with regard to safety including• but without limitation, are Occupational Safety and Half An of 1970 and all rates and mitulatiots issued pursuant fica do. Revised 07R(H4