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HomeMy WebLinkAboutResolution - 2023-R0017 - PO 27122500 with Gillig 1.10.23Resolution No. 2023-R0017 Item No. 5.19 January 10, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order 27122500, for the purchase of fifteen (15) 40 ft. Hybrid -Electric Buses, as per FTA Grant 5339/PUR 17069, by and between the City of Lubbock and Gillig, LLC of Livermore, California, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on "W9x.11IA Rebe ca Garza, City S ret APPROVED AS TO CONTENT: v 1/ Dli Bill Howerton, Deputy City Manager APPROVED AS TO FORM: Ryan Broke, A sistant City Attorney RESTO 27122500-Gillig, LLC 12.30.22 January 10, 2023 , '"I)DI Page 7eR (Witb M IT3i PURCHASE ORDER Date - 12/28/2022 Order Number 27122500 000 OP Branch/Plant 271 GILLIG LLC 451 DISCOVERY DR LIVEMORE, CA 94551 SHIP TO: Citibus 801 TEXAS AVE LUBBOCK TX 79457 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 BY. 4f LUBBOCK, TX 79457 Marta Alvarez, Direct& of Purchasing and Contract Management Ordered 1/10/2023 Freight Requested 12/28/2023 Taken By K MORGAN Delivery PER R WILSON REQ 59635 FTA Grant 5339/ PUR 17069 If you have any questions about this order, please contact Richard Wilson at 806-775-3657 or via email at rwilson@citibus.com Description/Supplier Item Ordered Unit Cost UM Extension Request Date 40 ft. Hybrid- Electric Buses 15.000 802,385.0000 EA 12,035,775.00 12/28 2023 Total Order Terms NET DUE ON RECEIPT 12,035,775.00 This purchase order incorporates the current Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions. This purchase order encumbers funds in the amount of $12,035,775.00 awarded to Gillig, LLC of Livemore, CA, on January 10 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated December 16, 2022, from Gillig, LLC of Livemore, CA, and FTA Grant 5339. Resolution # 2023-R0017 CITY B Tr yne, ayor ATTEST: Retie a Garza, City Secretarkj Rev. 3/2022 Seller and Buyer agree as follows: ACCEPTANCE OF THIS PURCHASE ORDER PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS w w v and anv additiei�l as_seciated documents and Amendments. The City disclaims any terms and conditions yrovid the Contractor unless served upon in writing by the parties. In the event of conflict between the City's term conditions and any terns and conditions provided by the Contractor, the terms and conditions provided herein orevail. The terms and conditions provided herein are the final terms agreed upon by the parties. and any 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice Each shipping container shall be clearly and permanently marked as follows (a) Sellers name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free perfomranceand fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but riot limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller issued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seiler in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a 'Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14. herein. 16 FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any tents of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 18. WAIVER. No claim or tight arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered imo pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent ofany conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: htm_:www.d.lubWck.lxus'departrmental- ww0wi s4Wn memsp rcyl haying vendorinformation 30. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will riot boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation Respondent shall state any facts that make it exempt from the boycott ratification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does riot boycott a Ftvarm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 35. Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request: omitit mvlubbock. us. Please send this request to this email address for it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer REV 32022 MILLIC; QUOTE LETTER December 16, 2022 Chris Mandrell General Manager Citibus Office — 806 — 775 — 3435 Email — cmandrell@citibus.com 801 Texas Ave Lubbock TX 79457 Dear Chris: Thank you for your interest to purchase fifteen (15) 40 ft L/F Diesel Hybrid Allison a/EGenFlex Buses in partnership with GILLIG under the LoNo Grant Award with the FTA. Attached you will find the variance list and price calculation sheet that will pertain to your order. Gillig is pleased to quote the following: Fifteen (15) 40 ft. Hybrid Buses @802,385 each Total: $12,035,775.00 This price is valid for thirty (30) days and is FOB Lubbock TX. Prices exclude any taxes and license fees. The production of your buses is scheduled to start within 10 months of your PO. To maintain this production schedule, we will require a firm purchase order within thirty (30) days. We thank you for this opportunity and appreciate your interest in Gillig and our products. Should you have any questions, please do not hesitate to contact us. Jt�- )AA PA Joe Saldana Regional Sales Manager Gillig LLC 510-303-0202 jsaldana@gillig.com 451 Discovery Drive, Livermore, CA 94551 1 www.gillig.com 1 510.264.5000 PRICE VARIANCE 12/29/2022 LUBBOCK, TX (2022 FTA LOW -NO GRANT AWARD) (15) 40' ALLISON EGEN FLEX HYBRID LOW FLOOR BUSES, SN: TBD ITEM LUBBOCK, TX VARIANCE BRT STYLING NOT REQUIRED - CUMMINS ENGINE B6.7, 280 HP - HYBRID DRIVE ALLISON EGEN FLEX HYBRID DEPOT MODE & START STOP REQUIRED - ELECTRIC AIR COMPRESSOR & HYDRAULIC PUMP REQUIRED - AUXILIARY ENGINE OIL FILTER NOT REQUIRED - COOLANT FILTER STD FLEETGUARD - ENGINE FUEL FILTER DAVCO, HEATED STARTER NOT REQUIRED - ALTERNATOR VANNER BELTLESS - ENGINE BLOCK HEATER NOT REQUIRED - AIR RESTRICTION INDICATOR DONALDSON INFORMER - RADIATOR MODINE E-FAN - E-COAT RAD/CAC NOT REQUIRED - RADIATOR TANK GUARD NOT REQUIRED - ENGINE OIL EXTRACTOR PORT NOT REQUIRED - ENGINE OIL DRAIN MAGNETIC DRAIN PLUG - TRANS OIL EXTRACTOR PORT NOT REQUIRED - BRAKES DISC BRAKES AXLE HUB SEALS FRONT: GREASE SEALS REAR: OIL SEALS - MAGNETIC AXLE DRAIN PLUGS REQUIRED - AUTOMATIC TRACTION CONTROL REQUIRED - HUBODOMETER STEMCO DATA TRAC PRO HUBODOMETER GUARD REQUIRED WHEEL MOUNTING HUB PILOTED - WHEELS (7) ALCOA FULL POLISHED W/ DURA BRIGHT WHEELS DURAFLANGE WHEELS REQUIRED TIRES CUSTOMER SUPPLIED - ELECTRIC STEERING ASSIST NOT REQUIRED - VIP TEXTURED STEERING WHEEL NOT REQUIRED - DROP DOWN AUTOMATIC CHAINS NOT REQUIRED - DIESEL FILL EMCO WHEATON - DASH FUEL GAUGE REQUIRED OIL PRESSURE & COOLANT TEMP GAUGES IN ENGINE COMP'T FORSTER PROGRAMMABLE GAUGE SWAT SWITCH NOT REQUIRED - ELECTRICAL TOW CONNECTION NOT REQUIRED - AD-IP AIR DRYER POWEREX ELECTRIC DRIVEN - ENGINE SKID PROTECTION NOT REQUIRED - A -POST SKID PLATES NOT REQUIRED - HORN SPLASH SHIELD NOT REQUIRED - REAR HAND THROTTLE REQUIRED BATTERY TYPE (2) DEKA GROUP 31 - BATTERY JUMP START CONN REQUIRED (FRONT & REAR) WHEELCHAIR RAMP LIFT-U LU18 - HVAC MOTORS (TK) TK T14 ELECTRIC - HVAC COMPRESSOR (TK) ENCLOSED - PAGE 1 OF 4 PRICE VARIANCE 12/29/2022 LUBBOCK, TX (2022 FTA LOW -NO GRANT AWARD) (15) 40' ALLISON EGEN FLEX HYBRID LOW FLOOR BUSES, SN: TBD ITEM LUBBOCK, TX VARIANCE REFRIGERANT R407C - REFRIGERANT PRESSURE DISPLAY NOT REQUIRED DRIVERS HEATER MOTORS BRUSHLESS - FRESH AIR MAKE-UP REQUIRED AUXILIARY COOLANT HEATER NOT REQUIRED - FRONT STEP HEATER NOT REQUIRED - EXIT DOOR HEATER NOT REQUIRED - UNDERSEAT HEATER NOT REQUIRED - WARM WALL HEATER NOT REQUIRED - DASH FAN(S) (1) REQUIRED - SENSTIVE EDGE - FRONT NOT REQUIRED - REAR DOOR 34" AIR OPEN / SPRING CLOSE - REAR DOOR CONTROLS FULL DRIVER CONTROL - VAPOR ELECTRONIC DOOR CONTROL W/ BUTTONS NOT REQUIRED - EXTERIOR FRONT DOOR RELEASE NOT REQUIRED - ELECTRICAL EQUIPMENT CABINET 44" W/ (2) FANS - CS WHEELWELL STORAGE BOX REQUIRED FRONT CS WHEELWELL PACKAGE RACK NOT REQUIRED - PASSENGER INFO STATION OBIC 19/21 4P 2L REGISTRATION / PERMIT / CARD HOLDER (1) 5.19 X 4.06 X .09 W/ PLASTIC COVER INTERIOR AD FRAMES NOT REQUIRED - EXTERIOR AD FRAMES NOT REQUIRED - PASSENGER SEATS AMSECO VISION W/ A.R.M , Q'STRAINT RESTRAINTS DUAL USB PORTS MOUNTED ON PASSENGER SEATS NOT REQUIRED FRONT WHEELWELL VERTICAL STANCHIONS NOT REQUIRED - DRIVERS SEAT USSC G2 W/ HEADREST & 3-PT ORANGE BELT SEAT BELT ALARM NOT REQUIRED - SEAT CUSHION ALARM NOT REQUIRED - SEAT ARMREST NOT REQUIRED - PASSENGER SIGNALS PULL CORDS - STOP REQUEST AT REAR DOOR STANCHION NOT REQUIRED - STOP REQUEST LAMP AT DASH REQUIRED DRIVERS BARRIER WRAPAROUND W/ (3) SCHEDULE HOLDERS DRIVERS PROTECTION BARRIER NOT REQUIRED - MODESTY PANEL FWD OF REAR DOOR NOT REQUIRED - OVERHEAD GRAB STRAPS NOT REQUIRED - STANCHIONS SSTL - PASSENGER WINDOWS BONDED FRAME / UPPER TRANSOM W/ GRAFFITI-SHIELD4-LAYER FILM GLAZING GUARDS / FILM (2) ADDITIONAL LAYERS OF FILM FOR TOTAL OF (6) LAYERS HEAD LAMPS LED LOW & HIGH BEAMS STOP/TAIL/TURN/BACK UP LAMPS 4" ROUND DIALIGHT LED - REAR CAP GRILLE LOWER CENTER STOP LAMPS (2) 18" RED STRIP LED DIALIGHT LAMP UPPER REAR CAP GRILLE AUX LAMPS (4) 7" STOP LED DIALIGHT LAMPS YIELD SIGN NOT REQUIRED - PAGE 2OF4 PRICE VARIANCE 12/29/2022 LUBBOCK, TX (2022 FTA LOW -NO GRANT AWARD) (15) 40' ALLISON EGEN FLEX HYBRID LOW FLOOR BUSES, SN: TBD ITEM LUBBOCK, TX VARIANCE INTERIOR LAMPS LED 1/0 CONTROLS - PLEASURE RADIO NOT REQUIRED - 2-WAY RADIO & ANTENNA PRE -WIRE W/ ANTENNA PA SYSTEM/VOICE ANNUCIATOR STD REI - CAD / AVL ITS SYSTEM TBD - PREWIRE ONLY BUDGETARY GEO FENCING USING VIRICITI TELEMATICS (FOR EV MODE IN GREEN ZONES) W/ 2 YEAR SUBSCRIPTION REQURIED (BUDGETARY) DRIVERS SPEAKER NOT REQUIRED HAND HELD MIC NOT REQUIRED BOOM MIC REQUIRED HEATED FRONT GLAZING NOT REQUIRED - DESTINATION SIGNS HANOVER AMBER (FRONT & CURBSIDE) - FRONT RUN SIGN NOT REQUIRED - FAREBOX PRE WIRE ONLY - FAREBOX GUARD REQUIRED CEILING MTD FAREBOX LAMP REQUIRED - TRANSFER CUTTER REQUIRED PASSENGER COUNTER STAND ALONE IRIS SYSTEM (PRE -WIRE ONLY) W/ FRONT & REAR DOOR SENSORS FULL COMPOSITE FLOOR NOT REQUIRED - FLOORING MATERIAL ALTRO - ROOF HATCHES FRONT & REAR - MANUAL EXTERIOR MIRROR - STREETSIDE CS & SS: 9" X13" 2-PC, HEATED W/ REMOTE FIRE SUPRESSION AMEREX V-25 - TRAFFIC LIGHT PREEMPTION NOT REQUIRED - VIDEO SURVEILLANCE SEON 10-CAMERA SYSTEM W/ NH16 (TH8 W/ POE) & 4TB BACK UP CAMERA W/ DASH MOUNTED MONITOR NOT REQUIRED - BIKE RACK SPORTWORKS DL2 - SSTL BIKE RACK MIRROR NOT REQUIRED - BIKE RACK DEPLOYED LAMP NOT REQUIRED - MEDICAL AID KIT REQUIRED BLOODBORN PATHOGEN KIT REQUIRED BIO-HAZARD KIT NOT REQUIRED - WHEEL CHOCKS (SET) NOT REQUIRED - DRIVERS DASH GAUGES AIR PRESSURE & SPEEDOMETER - 12V POWER PORT AT DASH NOT REQUIRED - CUP HOLDER REQUIRED WASTE CONTAINER REQUIRED 1/0 PROGRAM MODULE NOT REQUIRED - ADJUSTABLE PEDALS REQUIRED EXTERIOR PAINT 1-COLOR - CLEAR COAT NOT REQUIRED - EXTERIOR GRAPHICS BUS NUMBERS ONLY - ROOF NUMBERS NOT REQUIRED - PAGE 3OF4 PRICE VARIANCE 12/29/2022 LUBBOCK, TX (2022 FTA LOW -NO GRANT AWARD) (15) 40' ALLISON EGEN FLEX HYBRID LOW FLOOR BUSES, SN: TBD ITEM LUBBOCK, TX VARIANCE EXT WARRANTY (BASIC BUS) 12 MONTHS / 50,000 MILES EXT WARRANTY (STRUCTURAL INTEGRITY CORROSION) 144 MONTHS / 500,000 MILES - EXT WARRANTY (ENGINE B6.7) 24 MONTHS / UNL MILES - EXT WARRANTY (TRANSMISSION - ALLISON EGEN FLEX 24 MONTHS / UNL MILES - WARRANTY (ALL OTHERS) BASE COVERAGE PER CONTRACT - TRAINING NOT INCLUDED - TOTAL LUBBOCK, TX VARIANCES 40' ALLISON EGEN FLEX MAX HYBRID LOW FLOOR (2022 LOW -NO -GRANT) UNIT PRICE DELIVERY LUBBOCK, TX 40' ALLISON EGEN FLEX MAX HYBRID LOW FLOOR (2022 LOW -NO -GRANT) UNIT PRICE SPARES / TRAINING / TOOLING BUDGET LUBBOCK, TX 40' ALLISON EGEN FLEX MAX HYB LF (2022 LOW -NO -GRANT) CURRENT PRICE (12/29/2022) OPTIONS TO BE CONSIDERED NOT INCLUDED IN ABOVE PRICING ALLISON EGEN FLEX HYBRID EXTENDED WARRANTY (60 MONTHS / 300,000 MILES) GFI 40- FAST FARE (BUDGETARY) OBIC 19/21 4P 1T OBIC 19/21 4PW 1T OBIC 19/21 4PW 2L 80,362.00 709,860.00 3,465.00 793,687.00 8,698.00 802,385.00 24,550.00 25,000.00 385.00 385.00 385.00 CONFIDENTIAL This pricing information is intended only for the personal and confidential use of the recipients) 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 4OF4 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-968759 GILLIG LLC LIVERMORE, CA United States Date Filed: 2 Name of governme entity or state agency that is a party to the contract for which the form is 01/04/2023 being filed. CITY OF LUBBOCK Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. PO 27122500 MANUFACTURE & DELIVERY FIFTEEN (15) GILLIG LOW FLOOR DIESEL HYBRID ALLISON eGENFLEX BUSES 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is WILLIAM F. FAY, JR. and my date of birth is My address is 451 DISCOVERY DRIVE LIVERMORE CA 94551 U.S.A. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in ALAMEDA - State of CALIFOR n th 4 day of ;anuary 2023 (month) (year) r signature of wAorizeilgeit contracting business entity Wiliam F. Fay, Jr. (Dad10 nt) Vice President, Sales Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 0f 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-968944 West Texas Services, Inc. Lubbock, TX United States Date Filed: 01/05/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 01/05/2023 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 16924 Landscape - TIF District Glenna Goodacre Blvd and Ave U ROW Improvements 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0