HomeMy WebLinkAbout2017-05-23 - AGENDA REPORTS - PURCHASE OF 14 CNG DIAL-A-RIDE BUSES AND CNG TROLL (2)Agenda Item: 7
CITY OF SANTA CLARITA
AGENDA REPORT
MR
CONSENT CALENDAR
a.
CITY MANAGER APPROVAL: fAl
DATE: May 23, 2017
SUBJECT: AWARD CONTRACT FOR THE PURCHASE OF 14 CNG -POWERED
DIAL -A -RIDE BUSES AND ONE CNG -POWERED TROLLEY
DEPARTMENT: Neighborhood Services
PRESENTER: Adrian Aguilar
RECOMMENDED ACTION
City Council:
1. Waive the formal bid process and authorize the City Manager or designee to execute the
assignment agreement for the purchase of fourteen (14) Compressed Natural Gas (CNG) -
powered Dial -A -Ride vehicles, and one CNG -powered trolley using the statewide contract
negotiated by the California Association for Coordinated Transportation (CaIACT).
2. Authorize the City Manager or designee to execute an agreement with A -Z Bus Sales for the
purchase of fourteen CNG -powered Dial -A -Ride vehicles for a total amount not to exceed
$1,802,061, or modify the award in the event that issues of impossibility of performance
arise, subject to City Attorney approval.
3. Authorize the City Manager or designee to execute an agreement with Creative Bus Sales for
the purchase of on CNG -powered trolley for a total amount not to exceed $348,270, or
modify the award in the event that issues of impossibility of performance arise, subject to
City Attorney approval.
The City of Santa Clarita (City) Dial -A -Ride fleet consists of 18 CNG cutaway buses. These
medium -duty buses have a useful life of seven years or 200,000 miles. Of the 18 vehicles in the
City's Dial -A -Ride fleet, 14 have reached the end of their useful life and are scheduled for
replacement. If approved, this request would allow the City to replace these aging vehicles with
new CNG vehicles.
The City's Trolley has also reached the end of its useful life. The 16 -year-old vehicle has
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experienced a significant increase in the number of mechanical failures, which has had an impact
on service reliability. If approved, this request would allow the City to replace its aging trolley
with a new CNG -powered trolley with additional seating capacity and improved reliability.
Staff recommends that in lieu of issuing a Request for Proposal (RFP), which can take up to six
months, the City Council authorize the purchase of the requested vehicles using the CalACT
negotiated statewide contract with A -Z Bus Sales and Creative Bus Sales. By assuming the
options available through this contract, the City realizes considerable time and cost savings.
The negotiated price that the City would pay will be based upon the statewide procurement of
vehicles and not just on the 15 vehicles we are requesting. To ensure this approach is in the best
interest of the City, staff conducted a price analysis that reflected the proposed costs were in line
with industry standards. Due to the cost and time -saving benefits of this approach, the use of
purchase options is prevalent within the transit industry and accepted by the Federal Transit
Administration.
ALTERNATIVE ACTION
1. Direct staff to issue a RFP for the procurement of 14 CNG -powered cutaways and one CNG -
powered trolley.
2. Other action as determined by the City Council.
FISCAL IMPACT
There is no impact to the general fund with this procurement. The City has programmed Federal
5307 transit grant funds to cover 80 percent of the total contractual cost of the buses, and the
remaining 20 percent required local match will come from the Transit Fund balance. All required
funds are programmed in the FY 2016-17 budget.
ATTACHMENTS
Vehicle Costs
CalAct Contract #AZ1503 (available in the City Clerk's Reading File)
CalAct Contract #CBS 1503 (available in the City Clerk's Reading File)
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Trolley M Dial A Ride Buses
Base unit price
$
181,465.00
cost $ 1,8021061.00
Base unit price
$
85,800.00
Options
$
348,269.55
Options
Double flip seats
$
990.00
Additional Freeman folding seats
$
2,050.00
Brake retarder
$
8,640.00
additional aid position
$
775.00
MorRYD suspension
$
1,250.00
Credit for seat delete
$
(110.00)
Amerex system
$
6,500.00
Raised Floor
$
575.00
Stop request system with Sign
$
1,500.00
MorRYD suspension
$
825.00
Prewire for data terminal/farebox
$
356.00
Amerex system
$
41700.00
REI PA system Gooseneck mic with footswitch
$
175.00
Flex SafeTnet
$
350.00
Rear platform porch
$
3,800.00
Apollo camera system
$
71400.00
Hanover headsign
$
4,553.00
Rearview Camera
$
408.00
Storm window inserts
$
2,900.00
Prewire for data terminal
$
300.00
Spiral brass upgrade
$
1,950.00
Paint
$
6,800.00
Popout windows
$
3,600.00
Ricon 55510 Lift
$
621.00
Stop request bell
$
11200.00
Floor level storage compartment
$
297.00
inverter for 110 outlet
$
1,500.00
CNG package upgrade 37 GGE
$
4,350.00
lift pad cover
$
395.00
CNG package upgrade 51 GGE
$
25,700.00
Fees
Doc fees
$
80.00
Apollo Camera system
$
8,060.00
DMV/State fees
$
12.25
Connexionz AVL equipment
$
7,400.00
Delivery
$
Inspection, travel and spare parts
$
18,600.00
CalAct Fee
$
1,728.50
Sales tax
$
9,258.02
Fees
Doc fees
$
80.00
Total cost
$
126,219.77
DMV/State fees
$
29.00
State tire fee
$
12.25
Unit price
$
126,219.80
Delivery
$
-
Total units purchased
14
CalAct Fee
$
3,697.11
Sales tax
$
20,717.19
Contingency
$
34,983.80
Total cost
$
305,069.55Total
cost $ 1,8021061.00
Contingency
$
43,200.00
Total cost
$
348,269.55
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META CONTRACT # 15-03 AZ
;r
THIS AGREEMENT is made and entered into on June 1, 2016 between and
among A-2 EUS SALES, INC., a California corporation, with its principal place of
business located at 1900 South 'Riverside ,Avenue, Colton, California ("SELLER"2,
and MORONGO BASIN TRANSIT AUTHORITY ("MBTA"). SELLER and MBTA
may be referred to herein individually as "Party„ or collectively as "Parties,"
5
WHEREAS, MBTA, by its Request for Proposals #15-03, duly advertised
for written proposals to be submitted on or before 11.30 a.m. on January 15,
2016 for the purchase of Paratrar sit and Transit Vehicles ("BUSES') on behalf
of the California Association for Coordinated Transportation ("CALACT") by the
MBTA; and
WHEREAS, the, MBTA's RFP is attached hereto as Exhibit "A", and is
incorporated herein by reference as if set forth in full; and
WHEREAS, SELLER submitted a sealed bid in response to MBTA's
Notice Inviting Proposals, and
WHEREAS, after it was determined that SELLER was'a successful
responsive and responsible bidder and
WHEREAS, SELLER's proposal in response to MBTA's Notice Inviting
Proposals is attached hereto as Exhibit `B"; and is incorporated herein by
reference as if set forth in full, and
WHEREAS, the MBTA Board of Directors has authorized the staff via
Resolution and board action to award contracts and accept SELLER'S bid
through agreement by and between SELLER and MBTA upon the terms and
conditions set forth herein; and
WHEREAS, MBTA has fully complied with all federal,, state, and local laws
governing the public bidding process for the purchase of the BUSES;
NOW, THEREFORE, Incorporating the foregoing recitals herein, for
and in consideration of the promises and of the mutual covenants and
agreements herein contained, SELLER and META hereby agree as follows,
1. CONTRACT DOCUMENTS. This Agreement, along with all Exhibits
referenced herein, and including without limitation, all documents referenced in
said Exhibits shall hereinafter be referred to as the "Contract Documents." In the
event of any conflict, the Contract Documents, including specifically RFP 415-03
and any addendums thereto, shall take priority in interpreting the respective rights
and obligations of the Parties created by this Agreement. Any contract,
agreement, or other document subsequently created by any Party in connection
with:a purchase order issued pursuant to this Agreement and which changes or
otherwise modifies the terms and conditions set forth in the Contact Documents
shall not be valid without the prior written approval of both of the Parties to this
Agreement.
2, DESCRIPTION OF BUSES PURCHASED. SELLER hereby agrees
that if shall sell the BUSES manufactured by AROC Mobility, Braun, Elkhart,
Glaval, NorCal and Supreme as more particularly described in RFP 15-03
(attached hereto as Exhibit "B") to any and all CalAct/MBTA participants who
desire to purchase such BUSES from SELLER. BUSES are to be vehicles with
less than 4000 miles and that have never been previously registered.
3. CONTRACT PRICING, SELLER hereby agrees to sell such BUSES
as more particularly described in RFP 15-03 (attached hereto as Exhibit °Bu)
underthe terms and conditions set forth in RFP #15-03.
DELIVERY. SELLER shall deliver F.O.B per terms and conditions
of MBTA RFP ##15-03 Section SP 7.42 11 and 12 and as proposed.
5. PAYMENT BY COOPERATIVE PARTICIPANTS. SELLER shall
collect payment from GalAct/MBIA participants within thirty (30) days after the
delivery and acceptance of the BUSESby the participant, and a receipt of an
invoice thereof, per RFP 15-03, Section SP' 10.
6. NO ASSIGNMENT. Neither this Agreement, nor any interest in it,
may be assigned or transferred by any Party without the prior written consent of
all of the Parties to this Agreement.
7. NO ATTORNEYS' FEES. If litigation is required to enforce or
interpret the provisions of this Agreement; neither SELLER nor the Cooperative
shall be entitled to an award of attomeys' fees or costs, but shall be entitled to any
other relief to which it may be entitled bylaw.
ODIMCATION. This Agreement may be modified only in a writing
approved by the MBIA Board and signed by all Parties.
9, GOVERNING LAW. The laws of the State of California will govern
the validity of this Agreement, its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in San Bernardino
County, California.
10. NO WAIVER OF DEFAULT. The failure of any Party to enforce
against another party any provision of this Agreement shall not constitute a waiver
of that party's right to enforce such a provision at a later time; and shall not serve
to vary the terms of this Agreement.
11, FURTHER ASSURANCES. Each Party shall execute and deliver
such papers, documents, and instruments, and perform such acts as are
necessary or appropriate, to implement the terms of this Agreement and the intent
of the parties to this Agreement,
12. BINDING EFFECT- CONTEXT- COUNTERPARTS. Subject to
Paragraph F, the rights and obligations of this Agreement shall inure to the benefit
of, and be binding upon, the parties to the contract and their heirs, administrators,
executors, personal representatives, successors and assigns. Whenever the
context so requires the masculine gender and includes the feminine and neuter,
and the singular number includes the plural. This Agreement may be executed in
any number of counterparts, each of which shall be considered as an original and
be effective as such.
13. NON-INTEREST No officer or employee of the META shall hold any
interest in this Agreement (California Government Code section 1090).
14, CORPORATE AUTHORITY. Each individual signing this
Agreement on behalf of an entity represents and warrants that he or she is
respectively„ duly authorized to sign on behalf of the entity and to bind the entity
fully to each and all of the obligations set forth in this Agreement.
15. INDEMNIFICATION. SELLER shall indemnify, defend; and hold
harmless MBTA, its officers; agents and employees against any and all liability.
claims; actions, causes of action or demands whatsoever against thein, or any of
them; before administrative or judicial tribunals of an kind whatsoever, arising out
of, connected with, or >caused by SELLER'S employees, agents, independent
contractors, companies, or subcontractors in the performance of, or in any way
arising from, the terms and provisions of this Agreement whether or riot caused in
part by a party indemnified hereunder, except for MBTA's sole active negligence
Or willful misconduct.
16. WARRANTY. The BUSES are warranted by SELLER to be new
and to be free from defects in material and workmanship pursuant to and in
accordance with those certain manufacturer's warranties 'collectively attached
hereto as Exhibit "B", and as submitted in response to RFP 15-03 by SELLER and
incorporated herein by reference as if set forth in full. During said warranty periods,
the BUSES shall maintain structural and functional integrity. The warranty is based
on regular operation under operating conditions prevailing in the purchaser's
operating area.
17. WARRANTY OF FITNESS, SELLER hereby warrants that the
i -
Ion I 1111W
* -
waive any warranty; either express or implied.
1E. NOTICE, All notices relative to this Agreement shall be given in
writing and shalt be personally served or sent by certified or registered mail and be
effective upon depositing in the United States mail. The Parties shall be addressed
as follows, or at any other address designated by proper notice:
19, CONTINGENCY. Contract validity is subject to successful completion
of facility and pilot vehicle inspections.
STA Joe Meer
Director of Purchasing
Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, CA 92252
SELLER, Leo Lovato
Executive VicePresident
A-Z BUS SALES, INC.
1906 South Riverside Avenue
Colton, CA 92324
19. EXECUTION, This Agreement is effective upon execution by both
Parties. It is the product of negotiation and all parties are equally responsible for
authorship of this Agreement, Section 1654 of the California Civil Code shall not
apply to the interpretation of this Agreement.
date first above written.
MBTA CONTRACT # 15-03 CBS
AGREEMENT REGARDING PURCHASE OF PARATRANSIT VEHICLES.
THIS AGREEMENT is made and entered into on June 1, 2016 between and
among CREATIVE BUS SALES, INC., a California corporation, with its principal
place of business located at 14740 Ramona Avenue, Chino, California 91710
("SELLER"), and MORONGO BASIN TRANSIT AUTHORITY ("MBTA"). SELLER
and MBTA may be referred to herein individually as "Party' or collectively as
"Parties."
RECITALS
WHEREAS, MBTA, by its Request for Proposals #15-03, duly advertised
for written proposals to be submitted on or before 11:30 a.m. on January 15,
2016 for the purchase of Paratransit and Transit Vehicles ("BUSES") on behalf
of the California Association for Coordinated Transportation ("CALACT") by the
MBTA; and
WHEREAS, the MBTA's RFP is attached hereto as Exhibit "A", and is
incorporated herein by reference as if set forth in full; and
WHEREAS, SELLER submitted a sealed bid in response to MBTA's
Notice Inviting Proposals; and
WHEREAS, after it was determined that SELLER was a successful
responsive and responsible bidder; and
WHEREAS. SELLER's proposal in response to MBTA's Notice Inviting
Proposals is attached hereto as Exhibit "B", and is incorporated herein by
reference as if set forth in full; and
WHEREAS, the MBTA Board of Directors has authorized the staff via
Resolution and board action to award contracts and accept SELLER'S bid
through agreement by and between SELLER and MBTA upon the terms and
conditions set forth herein, and
WHEREAS, MBTA has fully complied with all federal, state, and local laws
governing the public bidding process for the purchase of the BUSES;
NOW, THEREFORE, incorporating the foregoing recitals herein, for
and in consideration of the promises and of the mutual covenants and
agreements herein contained, SELLER and MBTA hereby agree as follows:
1. CONTRACT DOCUMENTS. This Agreement, along with all Exhibits
referenced herein, and including without limitation, all documents referenced in
said Exhibits shall hereinafter be referred to as the "Contract Documents." In the
event of any conflict, the Contract Documents, including specifically RFP 915-03
and any addendums thereto, shall take priority in interpreting the respective rights
and obligations of the Parties created by this Agreement. Any contract,
agreement, or other document subsequently crea ed by any Party in connection
with a purchase order issued pursuant to this Agreement and which changes or
otherwise modifies the terms and conditions set forth in the Contract Documents
shall not be valid without the prior written approval of both of the Parties to this
Agreement:
Z. DESCRIPTION OF BUSES PURCHASED. SELLER hereby agrees
that it shall sell the BUSES manufactured byBraunr Champion,. E(Dorado National,
Goshen, Hometown, Mobility Ventures, Starcraft, StarTrans and Transit Works as
more particularly described in RFP #15-03 (attached hereto as, Exhibit `B") to any
and all CatACT/MBTA participants who desire to purchase such BUSES from
SELLER, BUSES are to be vehicles with less than 4000 miles and that have never
been previously registered.
3. CONTRACT PRICING. SELLER hereby agrees to sell such BUSES
as more particularly described in RFP #15-03 (attached hereto as Exhibit °B")
under the terms and conditions set forth in RFP #15-03.
. DELIVERY. SELLER shall deliver F.O.B. per terms and conditions
of MBTA RFP #15-03 Section SP 7.4, 11 and 12 and as proposed,
5. PAYMENT BY COOPERATIVE PARTICIPANTS. SELLER shall
collect payment from CaIACTIMBTA participants within thirty (30} days after the
delivery and acceptance of the BUSES by the participant, and a receipt of an
invoice thereof; per RFP #15-03, Section SP 10.
6. NO ASSIGNMENT. Neither this Agreement, nor any interest in it,
may be assigned or transferred by any Party without the prior written consent of
all of the Parties to this Agreement..
7, NO ATTORNEYS' FEES. If litigation is required to enforce or
interpret the provisions of this Agreement, neither SELLER nor the Cooperative
shall be entitled to an award of attorneys' fees or rests, but shall be entitled to any
other re'ief to which it may be entitled by law
8. MODIFICATION. This Agreement may be modified only in a writing
approved by the MBTA Board and signed by all Parties.
9. GOVERNING LAW. The laws of the State of California will govern
the validity of this Agreement, its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in Sar Bernardino
County, California.
10. NO WAIVER OF DEFAULT. The failure of any Party to enforce
against another'party any provision of this Agreement shall not constitute a waiver
of that party's right to enforce such a provision at a later time, and shall not serve
to vary the terms of this Agreement.
11. FURTHER ASSURANCES'. Each Party shall execute and deliver
such papers, documents, and instruments, and perform such acts as are
necessary or appropriate, to implement the terms of tlis Agreement and the intent
of the parties to this Agreement.
12. BINDING EFFECT' CONTEXT• COUNTERPARTS. Subject to
Paragraph 6, the rights and obligations of this Agreement shall inure to the benefit
of, and be binding upon, the parties to the contract and their heirs, administrators,
executors, personal representatives successors and assigns. Whenever the
context so requires, the masculine gender and includes the feminine and neuter,
and the singular number includes the plural. This Agreement may be executed in
any number of counterparts, each of which shall be considered as an original and
be effective as such.
13. NON-INTEREST. No officer or employee of the MBTA shall hold any
interest in this Agreement (California Government Code section 1090).
IC CORPORATE AUTHORITY. Each individual signing this
Agreement on behalf of an entity represents and warrants that he or she is
respectively, duly authorized to sign on behalf of the entity and to bind the entity
fully to each and all of the obligations set forth in this Agreement.
15. INDEMNIFICATION. SELLER shall Indemnify; defend, and hold
harmless MBTA, its officers, agents and employees against any and all liability,
clams, actions, causes of action or demands whatsoever against them, or any of
them, before administrative or udicial tribunals of an kind whatsoever, arising out
of, connected; with or caused by SELLER'S employees, agents, independent
contractors, companies, or subcontractors in the performance of, or in any way
arising from, the terms and provisions of this Agreement whether or not caused in
part by a party indemnified hereunder, except for MBTA's sole active negligence
or willful misconduct.
16. WARRANTY. The BUSES are warranted by SELLER to be new
and to be free- from deflects in material and workmanship pursuant to and in
accordance with those certain manufacturer's warranties collectively attached
hereto as Exhibit "B', and as submitted in response to RFP #15-03 by SELLER
and incorporated herein by reference as if set forth in full_ During said warranty
periods, the BUSES shall maintain structural and functional integrity. The warranty
is based on regular operation under operating conditions prevailing in the
purchasers operating area.
17. WARRANTY OF FITNESS, SELLER hereby warrants that the
BUSES and all materials furnished shall meet the requirements and conditions of
the Contract Documents and shay be fit for the purposes intended. Acceptance of
this warranty and acceptance the BUSES and materials to be manufactured or
assembled pursuant to the specifications in these Contract Documents shall not
waive any warranty; either express or implied.
18. NOTICE, All notices relative to this Agreement shall be given in
writing and shall be personally served or sent by certified or registered mail and be
effective upon depositing in the United States mail. The Parties shall be addressed
as follows, or at any other address designated by proper notice:
19. CONTINGENCY. Contract validity is subject to successful completion
of facility and pilot vehicle inspections.
META: Joe Meer
Director of Purchasing
Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, CA 92252
SELLER: Anthony Matijevich
President
Creative Bus Sales, Inc.
14740 Ramona Avenue
Chino, California 91710
19: EXECUTION. This Agreement is effective upon execution by both
Parties. it is the product of negotiation and all parties are equally responsible for
authorship of this Agreement. Section 1654 of the California Civil Code shall not
apply to the inte°pretation of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first above written.
CREATIVE BUS SALES, INC.,
a corporation
Morongo Basin Transit Authority
By ,
AnthonyMatijevich, President
BY
fda Meer, Director of Purchasing