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R2023-144 Resolution Authorizing Approval of Master Contract, Addendums to the Master Contract Between the State of Washington and Gillig, LLC with Additional State of Illinois Clauses Permitting the City of Decatur to Purchase E-Gen Flex
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R2023-144 Resolution Authorizing Approval of Master Contract, Addendums to the Master Contract Between the State of Washington and Gillig, LLC with Additional State of Illinois Clauses Permitting the City of Decatur to Purchase E-Gen Flex
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8/11/2023 3:06:54 PM
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7/19/2023 8:32:13 AM
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Resolution/Ordinance
Res Ord Num
R2023-144
Res Ord Title
R2023-144 Resolution Authorizing Approval of Master Contract, Addendums to the Master Contract Between the State of Washington and Gillig, LLC with Additional State of Illinois Clauses Permitting the City of Decatur to Purchase E-Gen Flex
Department
Mass Transit
Approved Date
7/17/2023
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■ State agencies, local governments, local government agencies, or political subdivisions <br /> (e.g.,counties,cities,school districts,public utility districts, ports)of any state or territory <br /> of the United States; <br /> ■ Federal governmental agencies or entities located in any state or territory of the United <br /> States; and <br /> ■ Federally-recognized Indian Tribes located in any state or territory of the United States <br /> 3. SCOPE—INCLUDED GOODS AND PRICE. <br /> 3.1. CONTRACT SCOPE. Pursuant to this Master Contract, Contractor is authorized to sell only those <br /> Transit Buses within the scope of their authorized goods meeting the requirements set forth in <br /> Exhibit —Included Transit Buses for the prices set forth in Exhibit B—Prices. Contractor shall <br /> not represent to any Participant under this Master Contract that Contractor has contractual <br /> authority to sell any Transit Buses beyond those meeting the requirements set forth in ExhibitA <br /> —Included Transit Buses. <br /> 3.2. STATE'S ABILITY TO MODIFY SCOPE Or MASTER CONTRACT. Subject to mutual agreement between the <br /> parties, Enterprise Services reserves the right to modify the goods included in this Master <br /> Contract; Provided, however, that any such modification shall be effective only upon thirty (30) <br /> days advance written notice;and Provided further,that any such modification must be within the <br /> scope of this Master Contract. Enterprise Services may,at any time,without notice to Contractor <br /> by written order designated or indicated to be a change order, make changes within the general <br /> scope of the contract to adjust the quantities of Transit Buses purchased under this Master <br /> Contract. <br /> 3.3. PARTICIPANT CHANGE ORDERS. <br /> (a) Participants may, at any time, by written order designated or indicated to be a change <br /> order, make changes in their Purchase Order within the general scope of this Master <br /> Contract, including changes: (1) In the specifications; (2) In the method or manner of <br /> performance of the work; (3) In the price sheet to include additional options within the <br /> scope of the contract; (4) In the delivery performance of the work; or (5) In additional <br /> requirements for compliance with state or federal law. <br /> (b) Any other written or oral order (which includes direction, instruction, interpretation, or <br /> determination) from the Participant that causes a change shall be treated as a change <br /> order under this clause; provided, that Contractor gives the Participant written notice <br /> stating (1) the date, circumstances, and source of the order and (2) that Contractor <br /> regards the order as a change order. <br /> (c) Except as provided in this clause, no order, statement, or conduct of the Participant shall <br /> be treated as a change under this clause or entitle Contractor to an equitable adjustment. <br /> (d) If any change under this clause causes an increase or decrease in Contractor's cost of, or <br /> the time required for, the performance of any part of the work under this Master <br /> Contract, whether or not changed by any such order, the Participant will make an <br /> equitable adjustment and modify the Purchase Order in writing. However, except for an <br /> adjustment based on defective specifications, no adjustment for any change under this <br /> clause shall be made for any costs incurred more than twenty(20)days before Contractor <br /> gives written notice as required. In the case of defective specifications for which the <br /> Participant is responsible, the equitable adjustment shall include any increased cost <br /> MASTER CONTRACT No.06719-01 <br /> PAGE 3 <br />
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