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HomeMy WebLinkAboutC20-333 GilligColorado Mountain Purchasing Consortium PURCHASE AGREEMENT Between Eagle County Government AND Gillig LLC For A quantity of 5, 40-foot, low-floor, BRT, accessible, diesel transit buses PROPOSAL # CMPC-15-LTB-RFP Awarded : July 13, 2015 by Eagle County Government P.O. Box 850 Eagle, Colorado 81631 DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 C20-333 PURCHASING AGREEMENT Eagle County Award: #CO-2015-353 Grant Information Associated With This Purchase: CDOT, DTR, PO #4910002249, $1,500,000, 80%, $1,200,000 CDOT, DTR, PO #4910002266, $500,000, 80%, $400,000 Issued By: Eagle County P.O. Box 850 Eagle, CO 81631 Administered By: Director of Transportation Contractor: Gillig LLC Address: 451 Discovery Dr Livermore, CA 94551 DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 PURCHASING AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND GILLIG, LLC THIS AGREEMENT (" Agreement") is effective as of the ______________________, by and between Gillig, LLC, a ( hereinafter " Manufacturer") and Eagle County, Colorado, a body corporate and politic (hereinafter " Eagle County"). RECITALS WHEREAS, the Colorado Mountain Purchasing Consortium (CMPC) is a group of local agencies providing mass transportation services, who are aligned for the purpose of the coordinated purchase of large transit buses; and WHEREAS, Eagle County led a solicitation on behalf of the CMPC and issued the Colorado Mountain Purchasing Consortium Request for Proposal for Project No. CMPC- 15-LTB-RFP dated January 12, 2015 (the “RFP,” a copy of which is incorporated herein by this reference and available for inspection in the offices of the ECO Transit Department), which complied with federal guidelines for the purchase of transit buses using state and/or federal grant dollars (the “Solicitation”); and WHEREAS, Gillig LLC (“Manufacturer”) submitted a proposal on March 23, 2015 (the “Proposal,” a copy of which is incorporated herein by this reference and available for inspection at the offices of the ECO Transit Department) and was chosen as the successful respondent to the Solicitation for the bus length(s) identified by the CMPC; and WHEREAS, Eagle County (“Agency”) is a participant in the CMPC and desires to purchase the below described make and model vehicle(s) from the Manufacturer in accordance with said Solicitation; and WHEREAS, Manufacturer is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the vehicles as set forth below in paragraph 1 hereof; and WHEREAS, this Purchase Agreement shall govern the relationship between the Manufacturer and Agency in connection with the procurement of said vehicles. AGREEMENT NOW, THEREFORE, in consideration of the foreclosing and following promises, Manufacturer and Agency agree as follows: 1. Equipment: DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 9/11/2020 a. Manufacturer agrees to provide the following vehicles and associated components (hereinafter referred to as the “Equipment”) as more specifically identified in the Agency Order which is attached hereto as Exhibit A, and incorporated herein by this reference: Bus Size 40 Foot Fuel Type: Diesel Quantity: 5 b. Manufacturer shall comply with all general requirements, conditions and terms as set forth in the RFP, including all approved deviations. c. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A, the RFP, or the Proposal, and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. d. Agency shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. Agency may conduct acceptance tests on each delivered vehicle. These tests shall be completed within ten (10) business days after vehicle delivery and the Manufacturer will be notified by the 10th day if the vehicle has been accepted or needs additional work. The post- delivery tests shall include visual inspection and vehicle operations. Vehicles that fail to pass the post-delivery tests are subject to non-acceptance. Agency shall record details of all defects and notify the Manufacturer of non-acceptance of each vehicle. The defects detected during these tests shall be repaired according to the procedures defined in Section 4: Special Provisions, SP. 1 of the RFP. In the event Agency does not accept the Equipment for any reason in its sole discretion, then the Manufacturer shall upon Agency’s request and at no charge to Agency: i. take the Equipment back; ii. exchange the Equipment; or iii. repair the Equipment. 2. Compensation: a. Agency shall compensate Manufacturer for the Equipment in accordance with the rates shown in Exhibit A, and calculated as follows: Unit Cost Total Cost Quantity 5, 40-foot, low-floor, BRT, accessible, diesel transit buses $523,780 $2,618,900 b. Payment will be made for Equipment satisfactorily delivered and accepted within thirty (30) days of receipt of a proper and accurate invoice from DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 Manufacturer and when CMPC members receive required FTA/CDOT post- delivery paperwork. All invoices shall include detail regarding the Equipment and such other detail as Agency may request. c. If, at any time during the term or after termination or expiration of this Agreement, Agency reasonably determines that any payment made by Agency to Manufacturer was improper because the Equipment for which payment was made were not provided as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from Agency, Manufacturer shall forthwith return such payment(s) to Agency. Upon termination or expiration of this Agreement, unexpended funds advanced by Agency, if any, shall forthwith be returned to Agency. d. Agency will not withhold any taxes from monies paid to the Manufacturer hereunder and Manufacturer agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, Agency shall have no obligations under this Agreement after, nor shall any payments be made to Manufacturer in respect of any period after December 31 of any year, without an appropriation therefor by Agency in accordance with a budget adopted by its governing body in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 3. Schedule: a. The Equipment shall be delivered at a rate not to exceed five (5) vehicles per week Monday through Friday. No deliveries shall be made on weekends or holidays. Delivery of the Equipment shall be completed on or before 365 days from date of firm order provided written notification from the agency is received by the Manufacturer 480 days prior to delivery, with the exception of 2015 and 2016 vehicles as defined in the Best and Final Offer. b. Manufacturer and Agency agree that if delivery is not made within a maximum of 480 days, as liquidated damages (but not as a penalty) Manufacturer shall pay Agency one hundred dollars ($100.00) per calendar day, per vehicle. c. The Manufacturer is required to work with the CMPC Program Administrator on all contract delay related issues, per Section 3: General Conditions of the RFP, G.C. 9.3. Finalized order dates are to be communicated to the CMPC Program Administrator to track adherence to delivery timeframe requirements. Notifications of any production delays that would result in late delivery or liquidated damages must be communicated by the Manufacturer to the Agency and CMPC Program Administrator per Section 4: Special Provisions of the RFP, SP 6. DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 4. Federal Grant Contract: The Parties acknowledge that Agency is a sub- recipient of a grant awarded by either/or the Federal Transit Administration (FTA) or the Colorado Department of Transportation (CDOT), which will be used to fund, in part, the procurement of this equipment. The CMPC estimates that approximately 60% of all CMPC contract amounts will be funded by the FTA and/or CDOT. 5. Documents: Manufacturer shall execute all documents required by Agency to transfer title of the Equipment to Agency as identified in Section 4: Special Provisions Table 1: Contract Deliverable of the RFP. Manufacturer shall provide copies of any instruction or operations manuals and shall further provide copies of any manufacturers’ warranties associated with the Equipment as specified in the RFP, Section 4, SP 2.3. 6. Other Contract Requirements and Manufacturer Representations: a. Manufacturer has familiarized itself with the intended purpose and use of the Equipment to be provided hereunder, the intended use of such Equipment by Agency, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or Equipment. b. Manufacturer will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of this Agreement. c. The fact that the Agency has accepted or approved the Equipment shall not relieve Manufacturer of any of its responsibilities. Manufacturer represents and warrants that it has the expertise and personnel necessary to properly perform the terms of this Agreement. Manufacturer shall provide appropriate supervision to its employees to ensure the performance in accordance with this Agreement. Manufacturer will provide the Equipment and any associated services in a skillful, professional and competent manner and in accordance with the standard of care applicable to Manufacturers supplying similar equipment and services. d. Manufacturer warrants merchantability and fitness of the Equipment for its intended use and purpose. e. Manufacturer agrees to provide the standard manufacturer and component warranties as stated in Section 7: Warranty Provisions, of the RFP unless any accepted deviations to Section 7 were accepted by the CMPC as part of the initial proposal or Best and Final Offer proposal for each vehicle purchased under this Purchase Agreement. All accepted deviations are included in the Eagle County Contract Exhibit B. All extended warranties as provided in CER. 8 Price Proposal Form accepted by the CMPC for each bus length awarded are referenced in the Eagle County Contract Exhibit B. DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 f. Manufacturer warrants that title to all Equipment shall pass to Agency either by incorporation into the Agency facility or upon receipt by Manufacturer of payment from Agency (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Manufacturer further warrants that Manufacturer (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Manufacturer assumes all risk of loss with respect to the Equipment until the equipment has been delivered. The Agency shall assume risk of loss of the bus on delivery after satisfactory initial delivery inspection. Prior to this delivery, the Manufacturer shall have risk of loss of the bus, including any damages sustained during the delivery regardless of the status of title or any payments related to the bus. Drivers shall keep a maintenance log en route, and it shall be delivered to the Agency with the bus. If the bus is released back to the Manufacturer for any reason, then the Manufacturer has the risk of loss upon such release. g. Within a reasonable time after receipt of written notice, Manufacturer shall correct at its own expense, without cost to Agency, and without interruption to Agency as defined in Section 7: i. Any defects in Equipment which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any property caused by such defects or the repairing of such defects. h. Guarantees and warranties shall not be construed to modify or limit any rights or actions Agency may otherwise have against Manufacturer in law or in equity. i. Manufacturer agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement as outlined in the RFP, Section 7, WR 2.2. Time is of the essence with respect to this Agreement. j. This Agreement constitutes an agreement for performance by Contractor as an independent Contractor and not as an employee of Agency. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between Agency and Manufacturer except that of independent Manufacturer. Manufacturer shall have no authority to bind Agency. k. Manufacturer represents and warrants that at all times in the performance of the Agreement, Manufacturer shall comply with any and all applicable laws, codes, rules and regulations. DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 l. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. m. Manufacturer shall not assign any portion of this Agreement without the prior written consent of the Agency. Any attempt to assign this Agreement without such consent shall be void. n. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. o. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. p. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. q. The signatories to this Agreement aver to their knowledge no employee of the Agency has any personal or beneficial interest whatsoever in the Equipment described in this Agreement. The Manufacturer has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Agreement and Manufacturer shall not employ any person having such known interests. r. The Manufacturer, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. s. Any and all claims, disputes or controversies related to this Purchase Agreement, or breach thereof, shall be litigated in the Colorado District Court for the county in which Agency is located, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 7. Contract Documents: 1) Purchase Agreement 2) Exhibit A, Agency Order 3) The RFP DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 4) Manufacturer Proposal and related BAFO which are agreed to by Manufacturer, incorporated herein by this reference, and collectively referred to as "Contract Documents." The Contract Documents may only be altered, amended, or repealed by written amendment. The intent of the Contract Documents is to include all items, components and services necessary for the proper sale and delivery of the Equipment. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. The Contract Documents are listed in order of priority. If a conflict exists in the terms of any of the Contract Documents, the document with a higher priority shall control. 8. Manufacturer’s Agreement: Gillig LLC agrees to provide the equipment identified above and in the Purchasing Agreement for the consideration stated herein. The offer to provide the equipment identified above is hereby accepted as offered in the proposal in response to # CMPC-15-LTB-RFP, in accordance with the Contract Documents. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board Gillig, LLC: By:_________________________________ Print Name: _________________________ Title: _______________________________ DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 Vice President - Sales Joseph Policarpio CONFIDENTIAL ITEM CMPC CONTRACT EAGLE COUNTY, CO VARIANCE ENGINE CUMMINS ISL 280 HP CUMMINS L9 330 HP $2,413.00 2021 EPA MANDATED EMISSIONS CHANGE NOT INCLUDED REQUIRED (BUDGETARY)2,900.00 AUXILIARY ENGINE OIL FILTER SPINNER II NOT REQUIRED ($545.00) COOLANT FILTER STANDARD FLEETGUARD STANDARD FLEETGUARD $0.00 ENGINE FUEL FILTER STANDARD FLEETGUARD STANDARD FLEETGUARD $0.00 STARTER DELCO 42MT DELCO 42MT $0.00 ALTERNATOR NIEHOFF C803 NIEHOFF C803 $0.00 ENGINE BLOCK HEATER NOT INCLUDED REQUIRED $121.00 E-COAT RAD/CAC INCLUDED REQUIRED $0.00 RADIATOR MODINE E-FAN EMP W/ E-COAT $2,930.00 RADIATOR TANK GUARD NOT INCLUDED NOT REQUIRED $0.00 ENGINE OIL EXTRACTOR PORT NOT INCLUDED NOT REQUIRED $0.00 TRANSMISSION ALLISON B400R ALLISON B500R $3,250.00 TRANS OIL EXTRACTOR PORT NOT INCLUDED NOT REQUIRED $0.00 6 POSITION RETARDER CONTROL INCLUDED NOT REQUIRED ($450.00) AXLE HUB SEALS GREASE C/R OIL N/C BRAKES DRUM AIR DISC $3,101.00 WHEEL MOUNTING HUB PILOTED HUB PILOTED $0.00 HUBODOMETER NOT INCLUDED STEMCO TRACBAT 604-9999 $84.00 HUBODOMETER GUARD NOT INCLUDED NOT REQUIRED $0.00 AUTO TRACTION CONTROL INCLUDED REQUIRED $0.00 ELECTRIC STEERING ASSIST NOT INCLUDED REQUIRED W/16" PADDED STEERING WHEEL $2,494.00 ENGINE SKID PROTECTION NOT INCLUDED NOT REQUIRED $0.00 WHEELS (7) STEEL (7) STEEL $0.00 GILLIG FURNISHED TIRES (7) MICHELIN (7) MICHELIN $0.00 TIRE PRESSURE MONITOR BENDIX SMARTIRE NOT REQUIRED ($921.00) ON-SPOT AUTO TIRE CHAINS NOT INCLUDED REQUIRED $1,814.00 DIESEL FUEL GAUGE INCLUDED REQUIRED $0.00 FUEL FILL (1) EMCO WHEATON (2) GRAVITY FILLS $769.00 REAR RUN BOX GAUGES OIL & TEMP OIL & TEMP $0.00 ENGINE HOURMETER NOT INCLUDED REQUIRED $50.00 REAR HAND THROTTLE NOT INCLUDED NOT REQUIRED $0.00 ELECTRICAL TOW CONNECTION NOT INCLUDED NOT REQUIRED $0.00 AUTOMATIC DRAIN VALVE NOT INCLUDED REQUIRED N/C AIR SYSTEM SKF, HCT-2000 DUAL BENDIX ADIP $719.00 BATTERIES GROUP 31 8D ($222.00) BATTERY JUMP START CONN (2) INCLUDED (1) REQUIRED ($85.00) BRT STYLING INCLUDED REQUIRED $0.00 WHEELCHAIR RAMP LIFT-U LU18 LIFT-U LU18 $0.00 HVAC MOTORS (TK)BRUSHLESS BRUSHLESS $0.00 HVAC COMPRESSOR (TK)X430 X430 $0.00 REFRIGERANT R134A R134A $0.00 REFRIGERANT PRESSURE DISPLAY INCLUDED NOT REQUIRED ($285.00) 20% OUTSIDE AIR FOR HVAC INCLUDED NOT REQUIRED ($156.00) DRIVERS HEATER MOTORS BRUSHLESS BRUSHED ($387.00) FRONT STEP HEATER INCLUDED REQUIRED $0.00 EXIT DOOR HEATER INCLUDED REQUIRED $0.00 UNDERSEAT HEATER INCLUDED REQUIRED $0.00 WARM WALL HEAT NOT INCLUDED NOT REQUIRED $0.00 AUX DRIVERS FAN (2) INCLUDED (2) REQUIRED $0.00 AUXILIARY COOLANT HEATER SPHEROS THERMO 300HA SPHEROS THERMO 300HA $0.00 FRONT DOOR EXTERIOR CLOSE VALVE INCLUDED NOT REQUIRED ($162.00) PRICE VARIANCE AUGUST 27, 2020 EAGLE COUNTY, CO ON CMPC CONTRACT CONTRACT (5) 40' LOW FLOOR BRT BUSES, SN: TBD PAGE 1 OF 3 DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 CONFIDENTIAL ITEM CMPC CONTRACT EAGLE COUNTY, CO VARIANCE PRICE VARIANCE AUGUST 27, 2020 EAGLE COUNTY, CO ON CMPC CONTRACT CONTRACT (5) 40' LOW FLOOR BRT BUSES, SN: TBD REAR DOOR 34" SWING-OUT 34" SWING-OUT $0.00 INTERIOR AD FRAME NOT INCLUDED NOT REQUIRED $0.00 EXTERIOR AD FRAMES NOT INCLUDED NOT REQUIRED $0.00 STREETSIDE STORAGE BOX 44" TALL 44" TALL $0.00 PASSENGER SEATS AMSECO 2003/6466 W/ Q'STRAINT BELTS AMSECO INSIGHT W/ Q'STRAINT BELTS $0.00 DRIVERS SEAT RECARO ERGO METRO W/ 3-PT BELT & SEAT BELT ALARM RECARO ERGO METRO W/ 3-PT BELT & SEAT BELT ALARM $0.00 HINGED REAR SETTEE INCLUDED REQUIRED $0.00 RAISED REAR SEAT PLATFORM INCLUDED NOT REQUIRED INCL W/ SEATS PASSENGER SIGNALS PULL CORDS PULL CORDS $0.00 STOP REQUEST @ EXIT DOOR INCLUDED NOT REQUIRED ($50.00) PASSENGER ASSISTS POWDER COATED STAINLESS STEEL ($400.00) NYLON GRAB STRAPS NOT INCLUDED (8) REQUIRED $160.00 TRASH CAN INCLUDED NOT REQUIRED ($100.00) SCHEDULE RACKS NOT INCLUDED NOT REQUIRED $0.00 AD RACK NOT INCLUDED 14" H x 20" W CLEAR ANODIZED TOP LOAD $165.00 PASSENGER INFO STATION OBIC T 12P 1-L ASPEN NOT REQUIRED ($260.00) PASSENGER WINDOWS DURA BONDED / TRANSOM RICON BONDED / TRANSOM $1,257.00 LED HEADLIGHTS HI BEAMS & LOW BEAMS LOW BEAMS ONLY ($189.00) AUX EXTERIOR LAMPS AT UPPER REAR CAP INCLUDED NOT REQUIRED ($100.00) REAR MOUNTED YEILD SIGN INCLUDED REQUIRED $0.00 INTERIOR LAMPS PRETORIA W/ READING LAMPS DINEX W/O READING LAMPS ($105.00) 2-WAY RADIO & ANTENNA MOTOROLA XTL1500 NOT REQUIRED ($4,500.00) DRIVERS SPEAKER INCLUDED REQUIRED $0.00 COMPLETE ITS SYSTEM BUDGET CLEVER DEVICES IVN3 CLEVER DEVICES IVN5 $1,889.00 4G LTE ANTENNA NOT INCLUDED REQUIRED INCL W/ ITS PLEASURE RADIO & ANTENNA INCLUDED REQUIRED $0.00 FAREBOX GFI ODYSSEY NOT REQUIRED ($15,881.00) GFI FAREBOX MOUNTING BASE NOT INCLUDED REQUIRED $224.00 CEILING MTD FAREBOX LAMP INCLUDED NOT REQUIRED ($75.00) DESTINATION SIGNS LUMINATOR AMBER (FRONT & CURBSIDE) LUMINATOR AMBER (FRONT & CURBSIDE & FRONT RUN)$0.00 FRONT RUN SIGN NOT INCLUDED REQUIRED $1,005.00 REAR RUN SIGN NOT INCLUDED NOT REQUIRED $0.00 LUMINATOR WHITE DESTINATION SIGNS (FRONT, CURBSIDE & AMBER)NOT INCLUDED REQUIRED $1,016.00 HEATED FRONT SIGN GLAZING INCLUDED REQUIRED $0.00 FLOORING MATERIAL ALTRO ALTRO $0.00 ROOF HATCHES (2) INCLUDED (2) INCLUDED $0.00 STANCHIONS AT FRONT WHEEL WELLS NOT INCLUDED NOT REQUIRED $0.00 PACKAGE RACK INCLUDED REQUIRED $0.00 EXTERIOR MIRRORS 10X11, 2-PC, HEATED W/REMOTE 10X14 CLASS A, HEATED W/REMOTE $139.00 6" SPOT MIRRORS AT BULKHEAD NOT INCLUDED (2) REQUIRED $36.00 DRIVERS DASH GAUGES (2) INCLUDED (5) REQUIRED $150.00 12 VOLT POWER PORT @ DASH NOT INCLUDED REQUIRED $110.00 VIDEO SURVEILLANCE UTC 8-COLOR CAMERAS, DVR & AUDIO APOLLO 8-IP COLOR CAMERAS W/ ROADRUNNER 4K SYSTEM & 4TB ($276.00) BIG GULP CUP HOLDER NOT INCLUDED REQUIRED $35.00 ADJUSTABLE PEDALS KONGSBERG KONGSBERG $0.00 EXTERIOR PAINT / GRAPHICS (3) COLORS, W/GRAPHICS (2) COLORS, W/GRAPHICS ($941.00) FIRE SUPPRESSION SYSTEM AMEREX V25 NOT REQUIRED ($1,800.00) PAGE 2 OF 3 DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 CONFIDENTIAL ITEM CMPC CONTRACT EAGLE COUNTY, CO VARIANCE PRICE VARIANCE AUGUST 27, 2020 EAGLE COUNTY, CO ON CMPC CONTRACT CONTRACT (5) 40' LOW FLOOR BRT BUSES, SN: TBD BIKE RACK SPORTWORKS DL2 SSTL MOUNTING BRACKETS & PIVOT PLATE ONLY ($627.00) MEDICAL AID KIT 24 UNIT 24 UNIT $0.00 BIO HAZARD KIT INCLUDED REQUIRED $0.00 WARRANTY (BASE BUS)1 YR / 50,000 MILES 1 YR / 50,000 MILES $0.00 WARRANTY (BODY STRUCTURE)3 YRS / 150,000 MILES 3 YRS / 150,000 MILES $0.00 WARRANTY (STRC INTEGRITY)12 YRS / 500,000 MILES 7 YRS / 350,000 MILES ($1,500.00) WARRANTY (ENGINE)2 YRS / UNLIMITED MILES 2 YRS / UNLIMITED MILES $0.00 WARRANTY (TRANSMISSION)2 YRS / UNLIMITED MILES 2 YRS / UNLIMITED MILES $0.00 WARRANTY (AXLES)2 YRS / UNLIMITED MILES 2 YRS / UNLIMITED MILES $0.00 WARRANTY (BRAKES)2 YRS / 100,000 MILES 2 YRS / 100,000 MILES $0.00 WARRANTY (RAMP)2 YRS / UNLIMITED MILES 2 YRS / UNLIMITED MILES $0.00 WARRANTY (HVAC)2 YRS / UNLIMITED MILES 2 YRS / UNLIMITED MILES $0.00 WARRANTY (ALTERNATOR)2 YRS / UNLIMITED MILES 2 YRS / UNLIMITED MILES $0.00 WARRANTY (AIR COMPRESSOR)2 YRS / 200,000 MILES 2 YRS / 200,000 MILES $0.00 WARRANTY (STARTER)3 YRS / 350,000 MILES 3 YRS / 350,000 MILES $0.00 WARRANTY (DOOR SYSTEMS)2 YRS / 100,000 MILES 1 YR / UNLIMITED MILES ($100.00) GILLIG MAINTENANCE TRAINING NOT INCLUDED 24 HOURS UP TO (10) STUDENTS ($5,000 / 5 BUSES)$1,000.00 TOTAL EAGLE COUNTY, CO VARIANCES ($2,286.00) CMPC CONTRACT 40' LOW FLOOR BASE UNIT PRICE (9/2015)$475,857.00 DELIVERY ADJUSTMENT ($33.00) EAGLE COUNTY, CO 40' LOW FLOOR BRT NON- ADJUSTED PRICE $473,538.00 PPI 1413 ADJUSTMENT: 260.6 (JUNE 2020) / 235.6 (SEP 2015)= 10.61%$50,242.00 EAGLE COUNTY, CO 40' LOW FLOOR BRT ADJUSTED PRICE $523,780.00 SPARE / TOOLING BUDGET $0.00 EAGLE COUNTY, CO 40' BRT LOW FLOOR CURRENT PRICE (8/27/2020)$523,780.00 CONFIDENTIAL This pricing information is intended only for the personal and confidential use of the recipient(s) to whom it was originally sent. If you are not an intended recipient of this information or an agent responsible for delivering it to an intended recipient, you are hereby notified that you have received this information in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. PAGE 3 OF 3 DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7 Holder Identifier : 7777777707070700077763616065553330760604577214554607673317560517201070471566276112200746262713256732007362455572456752077604515300761300776263177605655607340031552234512077727252025773110777777707000707007 6666666606060600062606466204446200622002404006200206222224060060222060022062622600220602220626226000206200204262260222060022040422622020620000624226200206022006262200600066646062240664440666666606000606006Certificate No :570078593546CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/30/2019 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 10120Everest National Insurance CoINSURER A: 16045Everest Premier Insurance CompanyINSURER B: AA1128003Lloyd's Syndicate No. 2003INSURER C: 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:570078593546 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 INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED 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 10/01/2019 10/01/2020 SIR applies per policy terms & conditions RC8GL00126191 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) $2,000,000A10/01/2019 10/01/2020 $1,000,000GKLL COMBINED SINGLE LIMIT (Ea accident) RM8CA00014-191 Garage Keepers Liability EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 $10,000 10/01/2019UMBRELLA LIABC 10/01/2020CSUSA1903612 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTE B 10/01/2019 10/01/2020 AOS RM8WC00027191B 10/01/2019 10/01/2020 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN Retro WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 RM8WC00024191 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Colorado Mountain Purchasing Consortium (CMPC) RFP No. CMPC-15-LTB-RFP Attn: Ann Beauvais, CMPC Program Administrator. Eagle County RTA, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are additional insureds on the General Liability and Automobile Liability policies. This statement is subject to policy terms and conditions; where required by written contract; prior to a loss; where permitted by law. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVEEagle County RTA Attn: Director of Transportation 3289 Cooley Mesa Road Gypsum CO 81637 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: A6D465F7-4820-470D-8E61-4E2447E45EC7 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 570078593546 570078593546 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 B RM8WC00026191 10/01/2019 10/01/2020 FL, ME, NJ 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: A6D465F7-4820-470D-8E61-4E2447E45EC7