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HomeMy WebLinkAboutCORRESPONDENCE - RFP - 8563 TRANSFORT BUS PROCUREMENT - MULTIPLE LENGTHS (4)Official Purchasing Document Last updated 3/2018 Page 1 of 5 AMENDMENT #02 AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORADO AND GILLIG, LLC This Second Amendment (Amendment #02) is entered into by and between The CITY OF FORT COLLINS, COLORADO (the “City”) and GILLIG, LLC (the “Service Provider”). WHEREAS, the Service Provider and the City entered into an Agreement effective March 12, 2018 (the “Agreement”); and WHEREAS, the Agreement included a base contract for six (6) 40ft LF HD CNG buses and spare power plant package; and WHEREAS, the Agreement also included options for the City to purchase an additional three (3) buses per year for a period of five (5) years from the effective date of the Agreement, dependent upon renewal of the Agreement; and WHEREAS, the Service Provider and the City executed Amendment #01 to incorporate the final bus configuration and associated pricing for the initial base contract for six (6) buses effective September 18, 2018; and WHEREAS, the City has taken delivery and accepted the six (6) buses under the base contract; and WHEREAS, the Service Provider and the City executed a renewal of the Agreement, dated February 22, 2019; and WHEREAS, the City now wishes to exercise the option to purchase three (3) additional buses in accordance with the Agreement as amended herein. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. The parties agree that the City is executing its option to purchase additional buses under Section 1 of the Agreement, and therefore: a. The Service Provider shall manufacture three (3) additional buses as follows: i. One (1) 35ft LF CNG; and ii. Two (2) 40ft LF CNG. b. The configuration and options for each bus shall be in accordance with Attachment 1, consisting of two (2) pages, attached hereto, and in accordance with technical specifications, provisions, terms and conditions of Exhibit A and Exhibit C to the Agreement. c. The Service Provider shall deliver all three (3) buses and related equipment no later than January 31, 2020. DocuSign Envelope ID: CA34C5F8-D72C-4033-8274-A796DB80245C Official Purchasing Document Last updated 3/2018 Page 2 of 5 d. The delivery point for the buses is the City’s Transfort facility at 6570 Portner Road, Fort Collins, CO 80525. 2. Pricing. Exhibit B, Pricing, is hereby amended to incorporate the pricing specific to these three (3) buses as set forth in Attachment 1, consisting of two (2) pages, attached hereto. Under the option clause in Section 1 of the Agreement, the City shall pay the Service Provider for the manufacture and delivery of the three (3) buses pursuant to this Second Amendment, subject to additions and deletions provided herein or pursuant to the Agreement, Five Hundred Eighty-Six Thousand Two Hundred Fifty-Nine Dollars and Sixty- Nine Cents ($586,259.69) for the 35ft LF CNG bus and Five Hundred Eighty Eight Thousand Three Hundred Sixty-Nine Dollars and Fifty-Three Cents ($588,369.53) per 40ft LF CNG bus. The total sum for the three (3) buses is One Million Seven Hundred Sixty- Two Thousand Nine Hundred Ninety-Eight Dollars and Seventy-Five Cents ($1,762,998.75), as per Attachment 1. Except as expressly amended by this Amendment #02, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment #02, this Amendment #02 shall prevail. IN WITNESS WHEREOF, the parties have executed this Second Amendment the day and year shown. DocuSign Envelope ID: CA34C5F8-D72C-4033-8274-A796DB80245C Official Purchasing Document Last updated 3/2018 Page 3 of 5 CITY OF FORT COLLINS By: Darin Atteberry, City Manager By: ________________________________ Gerry Paul, Purchasing Director DATE: ATTEST ___________________________________ APPROVED AS TO FORM ___________________________________ GILLIG, LLC By: Printed: Title: Date: DocuSign Envelope ID: CA34C5F8-D72C-4033-8274-A796DB80245C Joseph Policarpio 4/29/2019 Vice President - Sales Assistant City Attorney 5/1/2019 City Clerk Official Purchasing Document Last updated 3/2018 Page 4 of 5 AMENDMENT #02, ATTACHMENT 1 PRICING AND OPTIONS SELECTED DocuSign Envelope ID: CA34C5F8-D72C-4033-8274-A796DB80245C Official Purchasing Document Last updated 3/2018 Page 5 of 5 DocuSign Envelope ID: CA34C5F8-D72C-4033-8274-A796DB80245C Holder Identifier : 7777777707070700077761616045571110767717016204447207442027772507300072640577046230130773415113563000307177154633275103075372370275333210727151023042221207360055130076130076727242035772000777777707000707007 7777777707070700073525677115456000733001517136103007122227353163010070233362520730000713323635316300007122337343162111071233373421621000702333624306201107033327352073110077756163351765540777777707000707007 Certificate No : 570075101532 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/19/2019 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Northeast, Inc. Cincinnati OH Office 8044 Montgomery Road Suite 405 Cincinnati OH 45236-2919 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED INSURER A: Everest National Insurance Co 10120 INSURER B: ACE American Insurance Company 22667 INSURER C: Lloyd's Syndicate No. 2003 AA1128003 INSURER D: INSURER E: INSURER F: FAX (A/C. No.): (800) 363-0105 CONTACT NAME: GILLIG LLC 451 Discovery Drive Livermore CA 94551 USA COVERAGES CERTIFICATE NUMBER: 570075101532 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance AGENCY ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE NAMED INSURED See Certificate Number: See Certificate Number: POLICY NUMBER AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: Aon Risk Services Northeast, Inc. 570000073126 570075101532 570075101532 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # GILLIG LLC TYPE OF INSURANCE POLICY NUMBER LIMITS WORKERS COMPENSATION A RM8WC00027 10/01/2018 10/01/2019 A RM8WC00026 10/01/2018 10/01/2019 Retro FL, ME, NJ N/A N/A ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 55B8691F-CA34C5F8-9856-D72C-4DB7-4033-AB9A-8274-1B2944BB95B3 A796DB80245C PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $5,000,000 $300,000 Excluded $5,000,000 $5,000,000 $5,000,000 A 10/01/2018 10/01/2019 SIR applies per policy terms & conditions RC8GL00126181 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X BODILY INJURY (Per accident) $2,000,000 A 10/01/2018 10/01/2019 GKLL $1,000,000 COMBINED SINGLE LIMIT (Ea accident) RM8CA00014 GKLL EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 $10,000 UMBRELLA LIAB 10/01/2018 C CSUSA1803612 10/01/2019 X RETENTION X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTE B 10/01/2018 10/01/2019 CA Only SIR applies per policy terms & conditions A 10/01/2018 10/01/2019 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A N RM8WC00024 AOS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WCUC65435755 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 8563 Transfort Bus Procurement- Multiple Lengths. City of Fort Collins is included as Additional Insured in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION CityREPRESENTATIVE of Fort Collins AUTHORIZED Attn: Kathy Rector, Purchasing 215 N. Mason Street, 2nd Floor Fort Collins CO 80522 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: 55B8691F-CA34C5F8-9856-D72C-4DB7-4033-AB9A-8274-1B2944BB95B3 A796DB80245C