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HomeMy WebLinkAbout2024-04-09 - AGENDA REPORTS - DIAL A RIDE AND GO BUSESO Agenda Item: 6 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR 14) CITY MANAGER APPROVAL: ' DATE: April 9, 2024 SUBJECT: CONTRACT WITH MODEL I BUS SALES FOR THE PURCHASE AND DELIVERY OF DIAL -A -RIDE AND GO! SANTA CLARITA BUSES DEPARTMENT: Economic Development PRESENTER: Adrian Aguilar RECOMMENDED ACTION City Council: 1. Appropriate $208,400 in Metro Access For All grant funding and $63,100 in local return revenue to account 7003702-520103, for a total of $271,500, increase revenue account 700- 462101 by $208,400, and increase revenue account 700-442207 by $63,100. 2. Authorize the City Manager or designee to negotiate and execute a contract with Model 1 Bus Sales for the purchase of two CNG cutaway buses, one zero -emission van, charger, tools, training, and spare parts for an amount not to exceed $719,744, or modify the award in the event issues of impossibility of performance arise, subject to City Attorney approval. BACKGROUND Santa Clarita Transit has a fleet replacement program that meets the Federal Transit Administration's (FTA) seven-year life cycle for Dial -A -Ride vehicles. Two of the City of Santa Clarita's (City) Dial -A -Ride buses and one of the Go! Santa Clarita vehicles have reached the end of their useful life and are scheduled for replacement. In early 2023, the City applied for and was awarded a Metro Access For All grant. The purpose of the grant is to improve access to public transportation while reducing our carbon footprint. This grant, which covers 78 percent of the cost of the wheelchair accessible, zero -emission van, will allow the City to improve the reliability of the Go! Santa Clarita service by replacing a vehicle that has exceeded its useful life. It will also allow the City to test this technology in a confined environment. Page 1 Packet Pg. 33 O The City intends to purchase these vehicles through the CalACT/Morongo Basin Transit Authority (MBTA) vehicle purchasing cooperative, of which the City is a member. Purchasing buses through this method expedites the purchasing process and ensures competitive pricing. Under this cooperative agreement, product specifications were identified and prices were negotiated based on the total projected participation of the cooperative members, rather than just the vehicles scheduled to be purchased by the City. As an added measure, staff conducted a price analysis to ensure the proposed pricing is within industry standards and is the most advantageous to the City. The use of purchasing cooperatives is common within the transit industry and is a practice accepted by the FTA. As the purchasing cooperative's select supplier for the requested vehicles, staff recommends awarding the contract to Model 1 Bus Sales for the purchase of two CNG cutaway buses, one zero -emission van, charger, tools, training, and spare parts for an amount not to exceed $719,744. If this action is approved by the City Council, the City will be able to reduce the average age of our Dial -A -Ride and Go! Santa Clarita fleet and take advantage of recent developments in vehicle and engine technology. ALTERNATIVE ACTION Direct staff to issue a Request for Proposal for the procurement of CNG-powered Dial -A - Ride buses and zero -emission vans. 2. Other action as determined by the City Council. FISCAL IMPACT There is no impact to the General Fund as a result of this procurement. The City has budgeted Federal 5307 Transit Grant funds to cover 100 percent of the total cost of the two cutaway buses in expenditure account 7003702-520103 (Transit Capital -Automotive Equipment). The City has also received a Metro Grant to cover 78 percent of the zero -emission van. The remaining 22 percent will be funded using Municipal Operator Service Improvement Program (MOSIP) funds. ATTACHMENTS MBTA Purchase Agreement - Transit Vehicles Page 2 Packet Pg. 34 6.a MBTA CONTRACT # 20-01 CBS (ICE-1) AGREEMENT REGARDING PURCHASE OF TRANSIT/PARATRANSIT VEHICLES. Creative Bus Sales dealer for Braun, Champion, Driverge, Mobility Trans, StarCraft and StarTrans THIS AGREEMENT is made and entered into on September 8.2021 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 (RFP) #20-01, duly advertised for written proposals to be submitted for the purchase of Paratransit and Transit Vehicles ("BUSES") on behalf itself and Consortium members ("Consortium") identified in the Participating Agencies List in the RFP collected by the California Association of 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 proposal in response to MBTA's Notice Inviting Proposals; and WHEREAS, after it was determined that SELLER was a successful responsive and responsible proposer; 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 proposal 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 solicitation 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 Packet Pg. 35 6.a 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 #20-01 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 Contract 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 it shall sell the BUSES manufactured by Braun, Champion, Driverge, MobilityTrans, Starcraft, StarTrans and as more particularly described in RFP #20- 01 (attached hereto as Exhibit "B") to any and all Consortium 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 #20-01 (attached hereto as Exhibit "B") under the terms and conditions set forth in RFP #20-01. 4. DELIVERY. SELLER shall deliver F.O.B. per terms and conditions of MBTA RFP #20-01 Section SP 7.4, 11 and 12 and as proposed. 5. . PAYMENT BY CONSORTIUM_ PARTICIPANTS. SELLER shall collect payment from purchasing agencies within thirty (30) days after the delivery and acceptance of the BUSES by the participant, and a receipt of an invoice thereof, per RFP #20-01, 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 Consortium members shall be entitled to an award of attorneys' fees or costs, but shall be entitled to any other relief to which it may be entitled by law. 8. MODIFICATION. This Agreement may be modified only in writing as authorized by the MBTA and signed by all Parties. Packet Pg. 36 6.a 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 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). 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 them, 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'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 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 #20-01 by SELLER Packet Pg. 37 6.a 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 BUSES and all materials furnished shall meet the requirements and conditions of the Contract Documents and shall 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: MBTA: 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 interpretation 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 _ By r Anthony Matiievich, President Morongo Basin Transit Authority Director of Purchasin Packet Pg. 38