1 Rev. October 2023
FIRST MODIFICATION OF AGREEMENT NO. 11364 (CCS)
This First Modification of Agreement Number 1164 (CCS) (“First Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and GILLIG, LLC (GILLIG) is made with reference to the following:
RECITALS
A. On or about April 28, 2023, the City and GILLIG entered into Agreement Number 1164 (CCS) for purchase of fifteen (15) 35-foot battery electric buses (“Original Agreement”).
B. The City and GILLIG desire to modify the Original Agreement to purchase thirty (30) additional 40-foot battery electric buses and to increase the agreement price to pay for those additional buses.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 2 of the Original Agreement entitled “PURCHASE OF BUSES” shall be modified by adding the following paragraph:
Additional Buses. GILLIG will perform all of the additional services (“Additional Services”) described in Exhibit A-1, Scope of Services. GILLIG will complete the Additional Services in accordance with Exhibit B-1, Budget.
2. Section 3 of the Original Agreement entitled “Payment” shall be modified by adding the following paragraph:
Payment. The City will compensate GILLIG for the Additional Services in an amount not to exceed forty-three million, five hundred fifty-three thousand, one hundred forty dollars ($43,553,140) as set forth in Exhibit B-1.
The total agreement price for services pursuant to the Original Agreement and this First Modification shall not exceed sixty-one million, seven hundred thousand, eight hundred ten dollars ($61,700,810).
3. Exhibit A-1 and Exhibit B-1 are attached hereto incorporated herein by this reference.
4. Execution in Counterparts. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through Docusign Envelope ID: 342E8ADF-67F7-4DCC-B81C-061BD11EBFAD 5/21/2025
2 Rev. October 2023
DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
5. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________
RICK COLE
City Manager
GILLIG Corporation
#VENDOR
By:
_______________________________
Docusign Envelope ID: 342E8ADF-67F7-4DCC-B81C-061BD11EBFAD 5/6/2025
City Attorney
DOUGLAS SLOAN
5/16/2025
GILLIG LLC
William F. Fay, Jr.
Vice President Sales
5/21/2025
Interim City Manager
Elaine Polachek
5/21/2025
Nikima Newsome
City Clerk
3 Rev. October 2023
Exhibit A-1
Scope
ITEM STATE OF WASHINGTON, WA SANTA MONICA VARIANCE
EXTERIOR STYLING PACKAGE LOW FLOOR PLUS LOW FLOOR PLUS -
CUMMINS EV TRACTION MOTOR,
INVERTERS & POWER
MANAGEMENT SYSTEMS
INCLUDED REQUIRED -
ESS ENERGY STORAGE SYSTEM
WITH 6 BATTERY ENCLOSURES
TOTALING588 KWH CAPACITY
INCLUDED ESS ENERGY STORAGE SYSTEM WITH 7
BATTERY ENCLOSURES TOTALING
686 KWH CAPACITY
64,573.00
DEPOT PLUG-IN CHARGING PORT
PER SAE J1772
(1) CCS TYPE 1 CONNECTOR
(REAR - CURBSIDE)
(2) CCS TYPE 1 CONNECTOR
(REAR - CS & FRONT - SS)
6,850.00
OVERHEAD CHARGE RAILS NOT INCLUDED NOT REQUIRED -
ASSET WORKS FJ3 VIB NOT INCLUDED REQUIRED 814.00
REGENERATION LIGHT TO REAR OF
BUS
NOT INCLUDED REQUIRED 180.00
COOLANT FILTER FOR EBUS
APPLICATION
INCLUDED REQUIRED -
BRAKES DISC BRAKES DISC BRAKES -
BRAKE VALVE BENDIX E-8 BENDIX E-10 192.00
AXLE HUB SEALS GREASE SEALS GREASE SEALS -
MERITOR FRONT & REAR AXLES INCLUDED REQUIRED -
MAGNETIC AXLE DRAIN PLUGS INCLUDED REQUIRED -
ELECTRONIC STABILITY CONTROL INCLUDED REQUIRED -
AUTOMATIC TRACTION CONTROL INCLUDED REQUIRED -
HILL HOLDER SWITCH MOUNTED
AT DASH
NOT INCLUDED NOT REQUIRED -
HUBODOMETER NOT INCLUDED NOT REQUIRED -
WHEEL MOUNTING HUB PILOTED HUB PILOTED -
WHEELS (6) ALUMINUM
FULL POLISHED WHEELS
(6) ALUMINUM
FULL POLISHED WHEELS
-
DURAFLANGE WHEELS NOT INCLUDED NOT REQUIRED -
TIRES CUSTOMER SUPPLIED CUSTOMER SUPPLIED -
ELECTRIC STEERING ASSIST NOT INCLUDED NOT REQUIRED -
VIP TEXTURED STEERING WHEEL NOT INCLUDED REQUIRED 79.00
GAUGES IN REAR RUN BOX ELECTRIC FORSTER GAUGE ELECTRIC FORSTER GAUGE -
POWER PORT AT REAR RUN BOX
FOR LAPTOP
NOT INCLUDED REQUIRED 210.00
SWAT SWITCH NOT INCLUDED REQUIRED 270.00
ELECTRIC HYDRAULIC PUMP INCLUDED REQUIRED -
ELECTRICAL TOW CONNECTION NOT INCLUDED NOT REQUIRED -
AD-IP AIR DRYER FOR EBUS
APPLICATION
INCLUDED REQUIRED -
REMOTE MTD INTERLOCK TEST
PORTS
NOT INCLUDED REQUIRED 180.00
ENGINE SKID PROTECTION NOT INCLUDED REQUIRED 519.00
PAINT PROTECTION FILM TO REAR
I/O PANEL DOOR
NOT INCLUDED REQUIRED 222.00
A-POST SKID PLATES NOT INCLUDED REQUIRED - CS & SS 206.00
HORN SPLASH SHIELD NOT INCLUDED NOT REQUIRED -
LEVEL 2 INSULATION INCLUDED REQUIRED -
BATTERY TYPE (2) ODYSSEY AGM GROUP 31 (2) ODYSSEY AGM GROUP 31 -
CRIMPED & SOLDERED ENDS
(CHASSIS CABLE CONNECTORS)
NOT INCLUDED REQUIRED 300.00
BATTERY JUMP START CONN INCLUDED
(REAR CONNECTION)
REQUIRED
(FRONT & REAR CONNECTION)
545.00
Docusign Envelope ID: 342E8ADF-67F7-4DCC-B81C-061BD11EBFAD 4 Rev. October 2023
RETAINING SPRINGS FOR BATTERY
DISCONNECT ACCESS DOOR NOT INCLUDED REQUIRED - (2) 150.00 WHEELCHAIR RAMP LIFT-U LU18 LIFT-U LU18 -
TK ELECTRIC HVAC SYSTEM TE18 INCLUDED REQUIRED -
REFRIGERANT R407C R407C -
REFRIGERANT PRESSURE DISPLAY NOT INCLUDED NOT REQUIRED - HINGED HVAC RETURN GRILLE NOT INCLUDED REQUIRED 285.00
DRIVERS HEATER MOTORS BRUSHLESS BRUSHLESS -
FRESH AIR MAKE-UP NOT INCLUDED NOT REQUIRED -
EBUS COLD WEATHER PACKAGE W/
DUAL DIESEL & ELECTRIC FIRED
AUXILIARY COOLANT HEATER
NOT INCLUDED NOT REQUIRED -
FRONT THRESHOLD HEATER NOT INCLUDED NOT REQUIRED -
REAR CURBSIDE HEATER NOT INCLUDED NOT REQUIRED -
UNDERSEAT HEATER NOT INCLUDED NOT REQUIRED -
DASH FAN(S) NOT INCLUDED NOT REQUIRED -
SENSTIVE EDGE REAR DOOR ONLY REAR DOOR ONLY -
REAR DOOR 34" AIR OPEN/SPRING CLOSE 34" ELECTRIC OPEN/ CLOSE - DOOR CONTROLS (FRONT & REAR) AIR-FULL DRIVER CONTROL ELECTRIC-FULL DRIVER CONTROL 6,595.00 VAPOR CLASS W/OVERRIDE SW NOT INCLUDED REQUIRED 4,534.00
VAPOR ELECTRONIC DOOR
CONTROL W/ BUTTONS
NOT INCLUDED NOT REQUIRED -
EXTERIOR FRONT DOOR RELEASE NOT INCLUDED NOT REQUIRED - ELECTRICAL EQUIPMENT CABINET 44" H W/ (2) FANS 44" H W/ (2) FANS -
ELECTRICAL EQUIPMENT CABINET
INTERIOR LIGHTS
NOT INCLUDED REQUIRED 180.00
CS WHEELWELL STORAGE BOX NOT INCLUDED REQUIRED (13-41988F021BW) BLACK
W/GAS SHOCK
630.00
SS WHEELWELL STORAGE BOX NOT INCLUDED REQUIRED 515.00
FRONT CS WHEELWELL
PACKAGE RACK
NOT INCLUDED REQUIRED 150.00
CONTOURED VERTICAL
STANCHIONS
NOT INCLUDED REQUIRED 732.00
PASSENGER INFO STATION NOT INCLUDED INNOCOM IC 21.5/28 2P-IL-SANTA MONICA 419.00 REGISTRATION PERMIT HOLDER NOT INCLUDED (1) 9.13 x 6.13 x .09 42.00
EXTERIOR AD FRAMES NOT INCLUDED NOT REQUIRED -
PASSENGER SEATS AMSECO INSIGHT W/ A.R.M, Q'STRAINT
RESTRAINTS
AMSECO INSIGHT CLASSIC W/ E-LEATHER
FABRIC
W/ CLEARRIDE ANTIMICROBIAL
TREATMENT, W/ 1-Q' POD
W/ SLIM F/U SEATS ON SS, BC55 FLIP
SEATS ON CS & QUANTUM ACTIVATION
BUTTON ON SEAT BOTTOM (PER SANTA
MONICA SPECS)
14,856.00
QUANTUM (CURBSIDE) NOT INCLUDED REQUIRED 15,567.00
FRONT CS & SS WHEELWELL
VERTICAL STANCHION
NOT INCLUDED REQUIRED - CS & SS 300.00
DRIVERS SEAT RECARO ERGO METRO AM80 W/
HEADREST & 2-PT BLACK BELT
USSC G2A W/LEATHER, HEADREST & 3-
POINT ORANGE BELT
5,052.00
SEAT BELT ALARM NOT INCLUDED NOT REQUIRED -
SEAT CUSHION ALARM NOT INCLUDED REQUIRED 185.00
SEAT ARMREST NOT INCLUDED NOT REQUIRED -
PASSENGER SIGNALS PULL CORDS PULL CORDS -
Docusign Envelope ID: 342E8ADF-67F7-4DCC-B81C-061BD11EBFAD 5 Rev. October 2023
STOP REQUEST AT REAR DOOR
STANCHION
NOT INCLUDED NOT REQUIRED -
STOP REQUEST LAMP AT DASH NOT INCLUDED REQUIRED 52.00
DRIVERS BARRIER WRAPAROUND
W/ OUT SCHEDULE HOLDERS
WRAPAROUND
W/ OUT SCHEDULE HOLDERS
-
DRIVERS PROTECTION BARRIER NOT INCLUDED AROW GLOBAL MV308 W/EXTENDED GLASS
7,217.00
MODESTY PANEL FWD OF REAR
DOOR
NOT INCLUDED REQUIRED 303.00
OVERHEAD GRAB STRAPS NOT INCLUDED (10) GREY OUTER PVC & INNER POLYESTER WEBBING STRAP 11"
340.00
STANCHIONS YELLOW POWDER COATED SSTL -
PASSENGER WINDOWS AROW
STD FRAME / UPPER TRANSOM
RICON STD FRAME / UPPER TRANSOM
W/LOCKS, W/4-LAYER GRAFFITI FILM
12,554.00
GLAZING GUARDS NOT INCLUDED NOT REQUIRED -
HEAD LAMPS LED LOW & HIGH BEAMS LED LOW & HIGH BEAMS -
STOP/TAIL/TURN/BACK UP LAMPS 4" ROUND DIALIGHT LED 4" ROUND DIALIGHT LED -
REAR CAP GRILLE LOWER
CENTER STOP LAMPS
(2) 4" RED LED LAMPS (2) 18" RED LED STRIP LAMPS 138.00 AUX BRAKE LAMPS NOT INCLUDED (2) 4" LED AT UPPER REAR HVAC DOOR
CORNERS
250.00
YIELD SIGN NOT INCLUDED NOT REQUIRED -
BATTERY COMPARTMENT LAMPS NOT INCLUDED NOT REQUIRED -
INTERIOR LAMPS LED I/O CONTROLS LED I/O CONTROLS -
PLEASURE RADIO NOT INCLUDED NOT REQUIRED -
2-WAY RADIO PRE-WIRE W/ ANTENNA PRE-WIRE W/ ANTENNA -
PA SYSTEM/VOICE ANNUCIATOR STD REI INCLUDED W/ CLEVER DEVICES ITS -
CAD / AVL ITS SYSTEM NOT INCLUDED
CLEVER DEVICES W/ IVN5, W/ IBR1700
ROUTER & ANTENNA
CLEVER VISON W/ 37" MONITOR,
APC (BOTH DOORS) & EVMS 1-YR ONLY
(SAAS) ANNUAL FEE
(PER SANTA MONICA NEW SPECS)
56,579.00
INTERIOR LED STOP REQUEST SIGN
(REAR OF BUS) NOT INCLUDED REQUIRED
2,325.00
DRIVERS SPEAKER NOT INCLUDED NOT REQUIRED -
HAND HELD MIC NOT INCLUDED NOT REQUIRED -
BOOM MIC INCLUDED REQUIRED -
HEATED FRONT GLAZING NOT INCLUDED NOT REQUIRED -
DESTINATION SIGNS TWIN VISION AMBER (FRONT, CS &
REAR)
LUMINATOR WHITE (FRONT,
CURBSIDE & REAR)
5,734.00
FRONT RUN SIGN NOT INCLUDED LUMINATOR WHITE LED 1,732.00
FAREBOX PRE-WIRE ONLY PRE-WIRE ONLY -
FAREBOX GUARD INCLUDED REQUIRED -
CEILING MTD FAREBOX LAMP NOT INCLUDED REQUIRED 121.00
TRANSFER CUTTER NOT INCLUDED NOT REQUIRED -
TAP CARD VALIDATOR NOT INCLUDED CUBIC PREWIRE ONLY 958.00 TELEMATICS SYSTEM 2-YEAR SUBSCRIPTION
VIRICITI CLOUD BASED SYSTEM
2-YEAR SUBSCRIPTION
VIRICITI CLOUD BASED SYSTEM
-
FULL COMPOSITE FLOOR INCLUDED REQUIRED -
FLOORING MATERIAL ALTRO ALTRO CHROMA META -
INTERIOR SIDEWALL MATERIAL STD MELAMINE LEATHER GRAINED ALUMINUM 1,545.00 SOUND INSULATION AT 3RD DECK
AND REAR STEPS
NOT INCLUDED REQUIRED 315.00
FLOORING TRIM MATERIAL STD RUBBER SSTL 857.00
ROOF HATCHES (1) REAR - MANUAL (1) REAR - MANUAL -
EXTERIOR MIRRORS 8" X 8" 1-PC,
NON-HEATED W/ REMOTE
8" X 11" 1-PC W/5x7 CONVEX
HEATED W/ REMOTE
473.00
Docusign Envelope ID: 342E8ADF-67F7-4DCC-B81C-061BD11EBFAD 6 Rev. October 2023
TURN SIGNAL INDICATOR
ON MIRROR
NOT INCLUDED REQUIRED - CS & SS 250.00
DRIVER SUNSHADE CORD RELEASE FLEXI VISOR 50.00
FIRE SUPRESSION
WITHOUT ESS SUPRESSION
AMEREX V-25 W/ BACK-UP BATTERY AMEREX V-30 SAFETY NET W/ 72 HOUR
BACK-UP BATTERY
3,688.00
TRAFFIC LIGHT PREEMPTION NOT INCLUDED NOT REQUIRED -
VIDEO SURVEILLANCE NOT INCLUDED LUMINATOR (12) CAMERA, 4TB DVR & 10"
MONITOR
16,449.00
BACK UP CAMERA NOT INCLUDED NOT REQUIRED -
BIKE RACK SPORTWORKS
MOUNTING BRACKETS ONLY
SPORTWORKS
MOUNTING BRACKETS ONLY
-
BIKE RACK MIRROR NOT INCLUDED REQUIRED 50.00
BIKE RACK DEPLOYED LAMP NOT INCLUDED REQUIRED AT DASH 275.00
MEDICAL AID KIT NOT INCLUDED NOT REQUIRED -
BLOODBORN PATHOGEN KIT NOT INCLUDED NOT REQUIRED -
WHEEL CHOCKS (SET) NOT INCLUDED NOT REQUIRED -
FIBEROPTIC DASH PANEL
BACKLIGHTING
NOT INCLUDED REQUIRED 1,171.00
ELECTRONIC MFD MULTI FUNCTION
DASH DISPLAY (MFD II)
INCLUDED REQUIRED -
12V POWER PORT AT DASH NOT INCLUDED NOT REQUIRED -
CUP HOLDER NOT INCLUDED NOT REQUIRED -
WASTE CONTAINER NOT INCLUDED REQUIRED 234.00
I/O PROGRAM MODULE NOT INCLUDED NOT REQUIRED
ADJUSTABLE PEDALS NOT INCLUDED REQUIRED 1,556.00
EXTERIOR PAINT 1-COLOR 2-COLOR 2,961.00
CLEAR COAT BUS NOT INCLUDED REQUIRED 1,238.00
EXTERIOR GRAPHICS BUS NUMBERS ONLY SANTA MONICA, CA CUSTOM GRAPHICS 2,268.00 ROOF NUMBERS NOT INCLUDED REQUIRED 150.00
WARRANTY (BASIC BUS) 24 MONTHS / 100,000 MILES 24 MONTHS / 100,000 MILES -
WARRANTY - (STRUCTURAL
INTEGRITY CORROSION)
144 MONTHS / 500,000 MILES 144 MONTHS / 500,000 MILES - WARRANTY - ESS (BATTERIES) 72 MONTHS / 300,000 MILES 72 MONTHS / 300,000 MILES - WARRANTY - (TRACTION MOTOR) 36 MONTHS / 100,000 MILES 36 MONTHS / 100,000 MILES - WARRANTY - (HVAC TK ELECTRIC) 36 MONTHS / UNL MILES 36 MONTHS / UNL MILES -
WARRANTY (ALL OTHERS) BASE COVERAGE PER
WASHINGTON CONTRACT
BASE COVERAGE PER
WASHINGTON CONTRACT
-
TRAINING NOT INCLUDED NOT REQUIRED -
TOTAL SANTA MONICA, CA VARIANCES 247,165.00
STATE OF WASHINGTON, WA 40' BATTERY ELECTRIC LOW FLOOR BASE UNIT PRICE (FEB 2021) 813,044.00 DELIVERY 1,898.00
SANTA MONICA, CA 40' BATTERY ELECTRIC LOW FLOOR PLUS NON-ADJUSTED BASE UNIT PRICE 1,062,107.00 PPI 1413 ADJUSTMENT PER WA STATE CONTRACT AMENDMENT #1 = 11.78% 95,777.00 PPI 1413 ADJUSTMENT PER WA STATE CONTRACT AMENDMENT #3 = 15% 136,323.00 PPI 1413 ADJUSTMENT PER WA STATE CONTRACT AMENDMENT #4 = 7.15% (ONE TIME REDUCTION TO 5%) 52,257.00 SPARE / TOOLING BUDGET (1%) 13,465.00
SANTA MONICA, CA 40' BATTERY ELECTRIC LOW FLOOR PLUS CURRENT ADJ PRICE (10/28/2024) 1,359,929.00
NON -TAXABLE ITEMS CALCULATIONS
NON-TAXABLE ADA EQUIPMENT 35,118.00
DELIVERY 1,898.00
TRAINING -
SANTA MONICA, CA NON-TAXABLE ITEMS 37,016.00
CURRENT BUS PRICE CALCULATIONS INCLUDING CA SALES TAX
SANTA MONICA, CA 40' BATTERY ELECTRIC UNIT PRICE (NON-TAXED) 1,359,929.00 SANTA MONICA, CA NON-TAXABLE ITEMS (37,016.00)
SANTA MONICA, CA 40' BATTERY ELECTRIC TAXABLE PRICE 1,322,913.00 ADD CALIFORNIA SALES TAX - SANTA MONICA, CA (10.25% ADJUSTED TO 6.3125% ZERO EMISSION) 83,509.00 Docusign Envelope ID: 342E8ADF-67F7-4DCC-B81C-061BD11EBFAD 7 Rev. October 2023
SANTA MONICA, CA NON-TAXABLE ITEMS 37,016.00
SANTA MONICA, CA 40' BATTERY ELECTRIC BUS CURRENT ADJUSTED PRICE, W/ CA SALES TAX (10/28/2024) 1,443,438.00 Docusign Envelope ID: 342E8ADF-67F7-4DCC-B81C-061BD11EBFAD 8 Rev. October 2023
Exhibit B-1
Budget
Base Price for each BEB (February 2021) 813,044
City and DOT technical requirements 247,165
Delivery 1,898
Pre-tax unit price 1,062,107
PPI Adjustment per WA Contract (2021-2024) 297,822
Current Pre-Tax Unit Price 1,359,929
Applicable taxes 83,509
Total current unit price including taxes 1,443,438
Price for 30 electric buses 43,303,140
Spare Parts 150,000
Training 100,000
Total Contract Amount Not to Exceed 43,553,140
Docusign Envelope ID: 342E8ADF-67F7-4DCC-B81C-061BD11EBFAD