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HomeMy WebLinkAbout435885 NORTH AMERICAN BUS INDUSTRIES INC - CONTRACT - BID - F2969 SANTA MONICA FORT COLLINS BUS BID 2009 (3)AMENDMENT No. 3 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 the 15'h day of April, 2010, including Amendment No. 3, dated October 14, 2011, (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 10 day of October, 2011 (Amendment No. 3) Scope of Work A. Not changed B. Contractor will deliver the first bus and related equipment no earlier than the third quarter of 2013. The City will issue a revised purchase order for the initial order of two (2) buses no later than October 30, 2011. The purchase order will be further amended to add an additional four (4) buses no later than April 30, 2012. 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. Text from Amendment No. 1 and No. 2 deleted. B. The Interim Contract price, for the purchase, manufacture, delivery and final acceptance for all six (6) Model 60-BRT Transit Buses is Seven Hundred Seventy-two Thousand, Eight Hundred Forty-eight Dollars ($ 772,848) per bus, per the NABI price Re -determination dated September 22, 2011. Final Contract price, per bus, will be determined when the City is able to issue purchase orders covering the purchase of all six (6) buses. The final price re- determination will use the latest BLS -published PPI index. Further changes to the contract price, per unit, 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 Ja s B O'Neill II, CPPO, FNIGP Direc of Purchasing & Risk Management Date: 1 ( I f N as to Form _— ,on, Assistant City Attorney North American Bus Industries, Inc. Josellph R. Obson, Senior Vice President Date: 1 D' 11 ) II (Corporate Seal) Attest: