HomeMy WebLinkAboutC21-250 Gillig FIRST AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
GILLIG, LLC
THIS FIRST AMENDMENT (“First Amendment”) is effective as of ________________, by
and between Gillig, LLC (hereinafter “Manufacturer”) and Eagle County, Colorado, a body
corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, County and Manufacturer entered into an agreement dated the 11th day of
September, 2020, for certain Services (the “Original Agreement”); and
WHEREAS, the Original Agreement contemplated that the Manufacturer would perform certain
duties with compensation in an amount not to exceed $2,618,900; and
WHEREAS, County and Manufacturer desire by this First Amendment to expand the scope of
Services and compensation as set forth in the Original Agreement.
FIRST AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as
set forth below, the parties agree as follows:
1.The Original Agreement shall be amended to include additional Services as described
in Exhibit 1, which is attached hereto and incorporated herein by reference.
2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed
$91,100 or a total maximum compensation under the Original Agreement and this
First Amendment of $2,710,000.
3.Capitalized terms in this First Amendment will have the same meaning as in the
Original Agreement. To the extent that the terms and provisions of the First
Amendment conflict with, modify or supplement portions of the Original Agreement,
the terms and provisions contained in this First Amendment shall govern and control
the rights and obligations of the parties.
4.Except as expressly altered, modified and changed in this First Amendment, all terms
and provisions of the Original Agreement shall remain in full force and effect, and are
hereby ratified and confirmed in all respects as of the date hereof.
5. This First Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
DocuSign Envelope ID: FFB80266-42E8-458C-AC14-446A7EA12B8F
7/20/2021
C21-250
2
Eagle County Am Scope and Comp Final 5/14
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Original Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By: ______________________________
Matt Scherr, Chair
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
MANUFACTURER
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
DocuSign Envelope ID: FFB80266-42E8-458C-AC14-446A7EA12B8F
Vice President, Sales
William Fay Jr.
CONFIDENTIAL
Action Section Item Price
Eagle County, CO 40' Low Floor Base Unit Price (8/27/2020) $523,780.00
Pre-Production Meeting Changes (Jeff Wetzel) 10/9/2020
Change 19 Valeo (Spheros) Thermo Plus 300HA to Dometic (ProHeat) X30 (Valeo NLA)($575.00)
Change 10 (3) Rear run box gauges to Forster single gauge (and small box) $0.00
Add 61 Cellular antenna, cables, and power $101.00
Email Changes (Jeff Wetzel) 10/29/2020
Add 41 Roof mounted antenna and wiring for 2-way radio and remote control head $250.00
Email Changes (Jeff Wetzel) 4/29/2021
Add 44 GFI 36" Odyssey farebox, J1708 license, and cable $18,444.00
Eagle County, CO 40' Low Floor Current Price $542,000.00
Spares & Tooling Budget
Eagle County, CO Spares & Tooling Budget (To Deferred Account) $0.00
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.
Price Summary
4/29/2021
Eagle County, CO (Option - Eagle County, CO Project No. CMPC-15-ITB-RFP)
(5) 40' Low Floor
Serial Number: 195960-195964
Page 1 of 1
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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)
REAR DOOR 34" SWING-OUT 34" SWING-OUT $0.00
INTERIOR AD FRAME NOT INCLUDED NOT REQUIRED $0.00
PRICE VARIANCE
AUGUST 27, 2020
EAGLE COUNTY, CO ON CMPC CONTRACT CONTRACT
(5) 40' LOW FLOOR BRT BUSES, SN: TBD
PAGE 1 OF 3
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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
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)
BIKE RACK SPORTWORKS DL2 SSTL
MOUNTING BRACKETS &
PIVOT PLATE ONLY ($627.00)
MEDICAL AID KIT 24 UNIT 24 UNIT $0.00
PAGE 2 OF 3
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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
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: FFB80266-42E8-458C-AC14-446A7EA12B8F
9/2/2020 BoardDocs® Agenda Item: Colorado Mountain Purchasing Consortium (CMPC) Purchase Agreement between Eagle County and Gillig LLC
https://go.boarddocs.com/co/eagleco/Board.nsf/goto?open&login&id=BT3PUW665B2E 1/2
Agenda Item Details
Public Content
Administrative Content
Meeting Jan 01, 2050 - *****Signature Workflow*****
Category A. BoCC Signature
Subject Colorado Mountain Purchasing Consortium (CMPC) Purchase Agreement between Eagle
County and Gillig LLC
Access Public
Type Action (Consent)
Preferred Date Sep 08, 2020
Absolute Date Sep 08, 2020
Fiscal Impact Yes
Dollar Amount 2,618,900.00
Budgeted No
Budget Source ECO Transit Capital Fund (1151-410)
Recommended Action Approve
Goals Goal 1. Eagle County is Financially Sound
Prepared By: Jared Barnes
Department: ECO Transit
Executive Summary: This purchasing agreement is through the Colorado Mountain Purchasing Consortium (CMPC),
an Eagle County-led and FTA-compliant multi-jurisdictional transit bus procurement agreement, which allows ECO
Transit to purchase diesel replacement buses. The purchasing agreement if for 5, 40-foot transit buses which will be
funded through an FTA Section 5339 grant, a State of Colorado FASTER Grant, and local funds. The total grant
awards are $1,600,000 and local funds are $1,018,900. These grant revenues and local fund expenditures will be
budgeted for in the 2021 budget as delivery and payment for the buses will occur during the fall of 2021.
Reviewing Attorney: Bryan Treu
BoCC signature?: Yes
Exhibit A - Price Quote.pdf (70 KB)Exhibit B - COI.pdf (141 KB)
Vendor Authorized Signer Information-
DocuSign Envelope ID: A6D465F7-4820-470D-8E61-4E2447E45EC7
Approved as
to form:
DocuSign Envelope ID: FFB80266-42E8-458C-AC14-446A7EA12B8F
Colorado 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-8E61-4E2447E45EC7DocuSign Envelope ID: FFB80266-42E8-458C-AC14-446A7EA12B8F
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-8E61-4E2447E45EC7DocuSign Envelope ID: FFB80266-42E8-458C-AC14-446A7EA12B8F
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:
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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
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