CONTRACT NO. 06719-01 - AMENDMENT NO. 4 Page 1
(Rev. 2023-12-12)
State of Washington
Contracts & Procurement Division
Department of Enterprise Services
P.O. Box 41411
Olympia, WA 98504-1411
CONTRACT AMENDMENT
Contract No.: 06719-01
Gillig LLC
451 Discovery Dr
Livermore, CA 94551
Amendment No.: 4
Effective Date: April 1, 2024
FOURTH AMENDMENT
TO
CONTRACT NO. 06719-01
TRANSIT BUSES
This fourth Amendment (“Amendment”) to Contract No. 06719-01 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and Gillig LLC., a California limited liability company (“Contractor”) and is dated as of April 1, 2024.
R E C I T A L S
A. Enterprise Services and Contractor (collectively the “Parties”) entered into that certain Contract No. 06719-01 for Transit Buses dated effective as of April 1, 2021 (“Contract”).
B. The Parties previously amended the Contract 06719-01 as follows:
a. First Amendment: to make an Economic Price Adjustment of 11.78% dated on June 1, 2022.
b. Second Amendment: to add goods and services for the Allison eGen Flex Hybrid Extended dated on February 1, 2023.
c. Third Amendment: to extend contract for an additional twelve (12) months, and to make an Economic price adjustment of 15% on April 1, 2023.
C. The amendment set forth herein is within the scope of the Contract.
D. The Parties now desire to amend the Contract as set forth herein.
A G R E E M E N T
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties hereby agree to amend the Contract, as previously amended, as follows:
1. CONTRACT TERM. Pursuant to Section 1 Term of the Contract, this Contract has been extended for an addition twelve (12) months, this extension term is until March 31, 2025.
CONTRACT NO. 06719-01 - AMENDMENT NO. 4 Page 2
(Rev. 2023-12-12)
2. ECONOMIC PRICE ADJUSTMENT. Pursuant to section 3.4 of the Master Contract, Economic Price Adjustment using the Bureau of Labor Statistics Index for Truck and Bus Bodies, Series No. WPU 1413 to determine a price change, the price set forth in the in the Exhibit B – Prices are increased by 7.15%.
3. NONDISCRIMINATION. The following provision is added as a new subsection at the end of Section 18 of the Contract (General Provision):
18.24. NONDISCRIMINATION.
(a) Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement.
(b) Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).
(c) Default. Notwithstanding any provision to the contrary, Enterprise Services may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Enterprise Services receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), Enterprise Services may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.
(d) Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Enterprise Services and/or Purchasers shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an 3/18/2024