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HomeMy WebLinkAbout7515RESOLUTION NO. 7515 A RESOLUTION AWARDING A CONTRACT FOR THREE (3) 35 -FOOT TRANSIT COACHES, AND AUTHORIZING PURCHASING AGENT TO EXECUTE SAME WHEREAS, proposals for three (3) 35 -foot transit coaches have been received and examined; and WHEREAS, the proposal of Neoplan USA Corporation of Lamar, Colorado, in the amount of $719,895 was the lowest reliable and responsible proposal; and WHEREAS, a Capital Grant under Section 9 of the Federal Transit Administration Act, as amended, (CO -90- X071 -00) has been approved to aid in the purchase of said three (3) buses; and WHEREAS, the City of Pueblo has agreed to match these funds with local funds; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The proposal of Neoplan USA Corporation of Lamar, Colorado to supply three (3) 35 -foot transit coaches be and the same is hereby accepted. SECTION 2. The Purchasing Agent is hereby authorized to purchase said transit coaches for the City of Pueblo, Colorado. j SECTION 3. Funds are available for the local match ($143,979) in account 013 - 0400 -440- 000 - 050 -0200. INTRODUCED: December 12 , 1994 BY: SA14JEL CORSENTINo Councilperson APPROV resident of City Council ATTEST: C ' City Clerk ► e re �cF P-,, °f TERMINATION AGREEMENT THIS TERMINATION AGREEMENT entered into as of the 22nd day of August, 1995 between Pueblo, a municipal corporation, (the "City ") and Neoplan USA Corporation (the "Neoplan "), WITNESSETH: WHEREAS, City awarded a contract to Neoplan (the "Contract ") for the purchase of three (3) AN 435 transit coaches (the "Transit Coaches ") pursuant to request for proposals and specifications (the "Contract Documents "), and WHEREAS, the Contract Documents and specifically Section 3.7.6.2, Loading System, requires that the Transit Coaches have rear door wheelchair lift systems meeting the testing requirements of the Federal Transit Administration, and WHEREAS, Neoplan does not desire to provide Transit Coaches with such rear door wheelchair lift systems, and WHEREAS, it is in the best interests of City and Neoplan to terminate the Contract and City and Neoplan are willing to terminate the Contract. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Neoplan agree as follows: 1. The Contract is terminated effective August 22, 1995 pursuant to Section 2.1.4.2 Termination For Convenience. 2. City and Neoplan hereby release each other from all liability and obligations under the Contract and waive any and all claims either parry now has or may in the future have against the other party resulting from or in any manner arising out of the proposals for and/or Contract with respect to the Transit Coaches, or termination thereof, including without limitation, any and all claims Neoplan may have or may assert under Section 2.1.4.2 of the Contract and any and all claims City may have or may assert under Sections 2.1.2 or 2.1.4.1 of the Contract. Signed as of the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION By Director of Transportation