Second Amendment to the Agreement
between City of Union City and Gillig, LLC
SECOND AMENDMENT TO THE
AGREEMENT (C5942)
THIS SECOND AMENDMENT (the “Second Amendment”) is effective as of this 4th day of November, 2025 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and GILLIG, LLC, ("Contractor"), collectively referred to as the "Parties." W I T N E S S E T H:
WHEREAS, on December 13, 2022, the Parties entered into an Agreement (C5942) (“Agreement”) wherein the City will purchase from the Contractor fourteen (14) battery electric, 35’ heavy-duty battery electric buses, in the amount of $16,516,360; and WHEREAS, on April 1, 2025, the Parties entered into an Agreement Amendment (C5942-A) to extend the term of the Agreement with the Contractor and to add Exhibit C, authorizing Contractor to file and submit for Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP) vouchers to the California Air Resources Board (CARB) for the purchased buses; and WHEREAS, the Parties desire to amend the Agreement to remove six (6) battery electric, 35’ heavy-duty battery electric buses from the purchase without penalty due to a loss of funding for the buses and reduce the purchase amount to $8,501,822; and WHEREAS, the City and the Contractor desire to enter into this Second Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. The “SCOPE OF SERVICES,” as set forth in the first sentence of Section 1 of the Agreement is hereby edited to read “This is an Agreement for the purchase of eight (8) new heavy-duty, low-floor, thirty-five-foot (35’) battery electric transit buses…”.
2. The “TERM OF AGREEMENT,” as set forth in the first sentence of Section 4 of the Agreement, is hereby extended to June 30, 2026.
3. The “COMPENSATION,” as set forth in the first sentence of Section 8 of the Agreement is hereby edited to read “The Contractor agrees to perform the services set forth in Section 1, including, without limitation, the furnishing and delivery of the eight (8) buses for a lump sum not to exceed Eight Million Five Hundred One Thousand Eight Hundred Twenty-Two Dollars and zero cents ($8,501,822)…”.
4. All other provisions of the Agreement, including the First Amendment to the Agreement, remain unchanged except as modified by this Second Amendment.
Second Amendment to the Agreement
between City of Union City and Gillig, LLC
IN WITNESS WHEREOF, the City and the Contractor have executed this Amendment effective as of the date hereinabove written.
THE CITY OF UNION CITY GILLIG, LLC
By By
Joan Malloy William F. Fay, Jr.
City Manager Vice President, Sales
Attest:
___________________________
Thai Nam N. Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney