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Addenda - BID - F2969 SANTA MONICA FORT COLLINS BUS BID 2009
46 AMENDMENT No. 1 AGREEMENT TO PURCHASE 60-FOOT, ARTICULATED, LOW FLOOR, HEAVY DUTY, CNG-FUELED TRANSIT BUSES This Amendment to the Agreement to Purchase 60-foot, Articulated, Low Floor, Heavy Duty, CNG-fueled Transit Buses, dated this 15th day of April, 2010, (the "Agreement"), is hereby entered into by and between the City of Fort Collins, Colorado, a municipal corporation (the "City"), and North American Bus Industries, Inc. (NABI), a US corporation located in Anniston, Alabama, (the "Contractor" or "NABI"). Amendment dated this 24th day of May, 2010 (Amendment No. 1) Scope of Work A. Not changed B. Contractor will deliver the first bus and related equipment no earlier than the first quarter of 2012. The City will issue a purchase order and Notice to Proceed for the initial order of two (2) buses no later than May 31, 2010. A purchase order for an additional four (4) buses will be issued no later than March 31, 2011. It is understood by the City that all six (6) buses will be produced in a single production run starting after all buses have been ordered. The first bus, and all subsequent buses, will be delivered to the City's Transfort facility at 6570 Portner Road; Fort Collins, Colorado 80525. C. Not changed. Compensation A. The City agrees to pay Contractor, in accordance with Exhibit "D", an amount not to exceed One Million, Five Hundred Fourteen Thousand, One Hundred Thirty -Six Dollars ($1,514,136) as the maximum compensation for the purchase, delivery, and final acceptance of the first two NABI Model 60-BRT Transit Buses, and related equipment, work, and materials. Maximum compensation for the purchase, delivery, and final acceptance of the additional four (4) buses shall be calculated in accordance with Compensation, paragraph B, below. B. The Contract price, per unit, for the manufacture and delivery for the first two Model 60-BRT Transit Buses is Seven Hundred Fifty Seven Thousand, Sixty Eight Dollars ($757,068). Changes to the contract price, per unit, for the second order of four (4) buses, must be negotiated and approved by both parties. Any price increases shall be justified by appropriate documentation of an increase in PPI unless the increase is due to approved changes as set forth below. Total compensation shall be based upon the actual equipment, materials, and labor provided. Approved changes in quantities, options, bus configuration, or other services, in the form of Change Orders, which will become written amendments to this Agreement, may result in an adjustment to the amount of compensation to which Contractor and the City have initially agreed. C. Not changed. City of Fort Collins, Colorado Jam s B O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Date: /,-2 Darin Ate erry, it Manager v Date: G �.d Id North.American Bus Industries, Inc. Jos4fi R. Gibson, Senior Vice President Date: v Attest: I'V City Appr ed s to Form Steve on, Assistant City Attorney Attest: AMENDMENT No. 1 AGREEMENT TO PURCHASE 60-FOOT, ARTICULATED, LOW FLOOR, HEAVY DUTY, CNG-FUELED TRANSIT BUSES This Amendment to the Agreement to Purchase 60-foot, Articulated, Low Floor, Heavy Duty, CNG-fueled Transit Buses, dated this 15th day of April, 2010, (the "Agreement"), is hereby entered into by and between the City of Fort Collins, Colorado, a municipal corporation (the "City"), and North American Bus Industries, Inc. (NABI), a US corporation located in Anniston Alabama, (the "Contractor" or "NABI"). Amendment dated this 24th day of May, 2010 (Amendment No. 1) Scope of Work A. Not changed B. Contractor will deliver the first bus and related equipment no earlier than the first quarter of 2012. The City will issue a purchase order and Notice to Proceed for the initial order of two (2) buses no later than May 31, 2010. A purchase order for an additional four (4) buses will be issued no later than March 31, 2011. It is understood by the City that all, six (6) buses will be produced in a single production run starting after all buses have been ordered. The first bus, and all subsequent buses, will be delivered to the City's Transfort facility at 6570 Portner Road, Fort Collins, Colorado 80525. C. Not changed. Compensation A. The City agrees to pay Contractor, in accordance with Exhibit "D", an amount not to exceed One Million, Five Hundred Fourteen Thousand, One Hundred Thirty -Six Dollars ($1,514,136) as the maximum compensation for the purchase, delivery, and final acceptance of the first two NABI Model 60-BRT Transit Buses, and related equipment, work, and materials. Maximum compensation for the purchase, delivery, and final acceptance of the additional four (4) buses shall be calculated in accordance with Compensation, paragraph B, below. B. The Contract price, per unit, for the manufacture and delivery for the first two Model 60-BRT Transit Buses is Seven Hundred Fifty Seven Thousand, Sixty Eight Dollars ($757,068). Changes to the contract price, per unit, for the second order of four (4) buses, must be negotiated and approved by both parties. Any price increases shall be justified by appropriate documentation of an increase in PPI unless the increase is due to approved changes as set forth below. Total compensation shall be based upon the actual equipment, materials, and labor provided. Approved changes in quantities, options, bus configuration, or other services, in the form of Change Orders, which will become written amendments to this Agreement, may result in an adjustment to the amount of compensation to which Contractor and the City have initially agreed. C. Not changed. City of Fort Collins, Colorado James 'Neill II, CPPO, FNIGP Direct r f Purchasing & Risk Management Date: It (_'---> Darin Atteberry, City Manager Date: F OR T co Attest. SEA L City de L6LQR�©O' North American Bus Industries, Inc. L-1 Q"A � a J s ph K. Gibson, Senior Vice President Date: ) 177 11 u Approved o Form (Co porate Seal Steve M o Assistant City Attorney Attest: UL