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HomeMy WebLinkAbout2025-10-28 - AGENDA REPORTS - PURCH DIAL-A-RIDE AND GO! SC VEHICLES CONTRO Agenda Item: 7 CITY OF SANTA CLARITA .` AGENDA REPORT 1W CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: October 28, 2025 SUBJECT: CONTRACT FOR THE PURCHASE AND DELIVERY OF NEW DIAL -A -RIDE AND GO! SANTA CLARITA VEHICLES DEPARTMENT: Economic Development PRESENTER: Adrian Aguilar RECOMMENDED ACTION City Council: 1. Approve the "piggyback" purchase of five Compressed Natural Gas cutaway vehicles, seven zero -emission vans, tools, training, and spare parts from Model 1 Bus Sales using the California Association for Coordinated Transportation/Morongo Basin Transit Authority joint procurement contract number 20-01 in the amount of $2,327,900. 2. Authorize the City Manager or designee to execute all contracts and associated documents, and modify the awardees in the event of project withdrawal or abandonment, subject to City Attorney approval. BACKGROUND City of Santa Clarita (City) Transit has a fleet replacement program that meets the Federal Transit Administration's (FTA) seven-year life cycle for Dial -A -Ride vehicles. Nine of the City's Dial -A -Ride and Go! Santa Clarita vehicles have reached the end of their useful life and are scheduled to be replaced. An additional three zero -emission vans are being purchased to support the expansion of the Go! Santa Clarita service approved by the City Council as part of the Fiscal Year 2025-26 budget. The use of "piggyback" purchasing allows the City to place orders against a competitively awarded public agency contract. The City intends to purchase five new Compressed Natural Gas (CNG) vehicles and seven zero -emission battery electric vans through the California Association for Coordinated Transportation/Morongo Basin Transit Authority vehicle purchasing cooperative, which allows the City, as a member, to take advantage of an existing process. Purchasing buses through this method expedites the purchasing process and ensures competitive Page 1 Packet Pg. 170 O 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. Staff recommends awarding a contract with Model 1 Bus Sales for the purchase of five Compressed Natural Gas cutaway vehicles, seven zero -emission vans, tools, training, and spare parts. If approved by the City Council, the City will be able to reduce the average age of its Dial - A -Ride fleet and take advantage of recent developments in vehicle and engine technology. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT There is no fiscal impact on the General Fund as a result of this procurement. The City has programmed Federal 5307 Transit Grant Funds to cover 80 percent of the total contractual cost of the buses in the amount of $1,046,614. The remaining 20 percent will be funded using Municipal Operator Service Improvement Program (MOSIP) in the amount of $261,653 and Measure M Transit Capital funds in the amount of $1,019,633. Adequate funds to implement the recommended action are contained within the City of Santa Clarita's adopted Fiscal Year 2025- 26 budget, expenditure account 7003702-520103 (Transit Capital/Automotive Equipment). ATTACHMENTS Combined Model 1 Contract (available in the City Clerk's Reading File) Page 2 Packet Pg. 171 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 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. 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 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., Morongo Basin Transit Authority a corporation By By Anthony Matijevich, President Jge Meer, Director of Purchasin AMENDMENT 1 MBTA CONTRACT NO. 20-01-ICE 1,2,3 4 (CBS) THIS Amendment is made and entered into on August 12, 2022 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 ("CaIACT") 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, MBTA 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 and modify contracts: WHEREAS, MBTA has fully complied with all federal, state, and local laws governing the public solicitation process for the purchase of the BUSES, - WHEREAS, The SELLER has requested Force Majeure Price relief due to extraordinary circumstances caused by supply chain issues and manufacturer's chassis model changes as provide for in SP 5.5 (Price Changes); WHEREAS, MBTA has evaluated and accepts the documentation provided by SELLER substantiating the need for extraordinary relief; 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: IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. Base Price for the buses represented by SELLER is updated for the increase approved by this Amendment, and are attached as Exhibit B. Future PPI price increases to be granted, as provided for in Section 5.3 and scheduled to be adjusted with extension of the first option year amendment, are now to be adjusted utilizing the above date rather than the original date the contract was executed for base price and approved options. Future PPI increases will be similarly adjusted. SELLER agrees that any future price changes favorable to the MBTA will be identified and result in an amendment reflecting the lower price. MBTA at its sole discretion reserves the right to revise pricing for chassis. The price changes are effective for orders placed after the execution of this amendment or as approved by MBTA. This amendment reiterates Section 5.1 of the RFP and resulting contract, whereas "If during the term of this Contract, Contractor shall enter into contracts with any other governmental entity providing greater benefits or more favorable terms than those provided by this Contract, Contractor shall be obligated to provide the same to Purchaser for subsequent purchases." CREATIVE BUS SALES, INC., MORONGO BASIN TRANSIT AUTHORITY A Corporation Anthony Matijevich, President Joe Meer, Director of Purchasing AMENDMENT 2 BASIN TRANSIT CONTRACT NO. 20-01 — CBS-1 (For Braun, Driverge, MobilityTrans, StarCraft and StarTrans) THIS AMENDMENT is made and entered into on between and among CREATIVE BUS SALES, INC., a California corporation tiw h its principal place of business located at 14740 Ramona Avenue, Chino, California 91710, ("SELLER"), and BASIN TRANSIT (Morongo Basin Transit Authority). R E C ITALS WHEREAS, BASIN TRANSIT, by its Request for Proposals# 20-01, duly advertised for written proposals for the purchase of Paratransit Vehicles ("BUSES") on behalf of itself and the listed participating agencies by Basin Transit; and WHEREAS the parties entered into an AGREEMENT, Basin Transit C o n t ra ct N o . 2 0- 01 on September 8, 2021; and amended this contract due to Force Majeure price increase request on August 12, 2022. WHEREAS the AGREEMENT was for a two-year base period with three one-year options; and WHEREAS the Basin Transit Board of Directors has provided authorization to exercise the first one-year option; WHEREAS BASIN TRANSIT's SP 4 of Contract 20-01 reserves the right to unilaterally change the procurement fees at any time by giving written notice to the contractor. NOW THEREFORE BE IT RESOLVED incorporating the foregoing recitals herein, for and in consideration of the promises and of the mutual covenants and agreements herein contained, SELLER and BASIN TRANSIT thereby agree as follows: 1. Per Section SP-3, Period of Performance, the period of contract performance is extended to exercise the first one-year option. The new Period of Performance is extended through September 7, 2024. 2. Per Section SP-5.3, Vehicle and Optional Feature Pricing, the price of the vehicles and of the optional features for each option period shall be the unit price established in the amended Schedule adjusted by PPI 1413 on August 12, 2022 for as stipulated in the Contract and amendment. For the first one-year period, the price increase is 4.9%. The new pricing is attached to this Amendment and shall become effective for orders placed on or after September 8, 2023. 3. Per SP 4, BASIN TRANSIT revises the limit of procurement fees charged per transaction to thirty thousand dollars. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first above written. CREATIVE BUS SALES, INC., MORONGO BASIN TRANSIT AUTHORITY a corporation Nick Corley, Transit Bid Manager Jo eer, Director of Purchasing I AMENDMENT 4 BASIN TRANSIT CONTRACT NO.20-01 -- CBS-1 (StarCraft/StarTrans T350, Driverge and MobilityTrans) THIS AMENDMENT is made and entered into on N o v e m b e r 21 , 2 0 2 3 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 BASIN TRANSIT (Morongo Basin Transit Authority). R E C ITALS WHEREAS, BASIN TRANSIT, by its Requestfor Proposals# 20-01 , duly advertised for written proposals for the purchase of Paratransit Vehicles ("BUSES") on behalf of itself and the listed participating agencies by Basin Transit; and WHEREAS the parties entered into an AGREEMENT, Basin Transit Contract No.20-01 on September8, 2021; WHEREAS the AGREEMENT was for a two-year base period with three one-year options; and WHEREAS the Period of Performance for said agreement had been extended through September 7, 2024 WHEREAS the Contractor has requested Price adjustment for extraordinary increase in chassis costs under Section 5.5 (Price Adjustments) and evaluated by the Agency. NOW THEREFORE BE IT RESOLVED incorporating the foregoing recitals herein, for and in consideration of the promises and of the mutual covenants and agreements herein contained, SELLER and BASIN TRANSIT thereby agree as follows: 1. Per Section 5.5, Price Adjustments, pricing for gasoline Ford Transit vehicles is increased as per the request provided by the contractor. (Price Schedule). Price adjustments to be effective for orders after the above date. IN WITNESS WHEREOF, iEREOF, the Parties have executed this Amendment as of the date first above written. CREATIVE BUS SALES, INC., a corporation MORONGO BASIN TRANSIT AUTHORITY Nick Corley, Transit Bid Manager Joe eer, Director of Purchasing BASIN TRANSIT CONTRACT NO. 20-01 — CBS-1 (For Braun, Driverge, MobilityTrans, StarCraft and StarTrans) THIS AMENDMENT is made and entered into on September 8, 2024 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 BASIN TRANSIT (Morongo Basin Transit Authority). R E C ITALS WHEREAS, BASIN TRANSIT, by its Request for Proposals # 20-01, duly advertised for written proposals for the purchase of Paratransit Vehicles ("BUSES") on behalf of itself and the listed participating agencies by Basin Transit, and WHEREAS the parties entered into an AGREEMENT, Basin Transit C o n t r a c t N o . 2 0 - 01 on September 8, 2021; and amended th is contract due to Force Majeure price increase request on August 12, 2022. WHEREAS the AGREEMENT was for a two-year base period with three one-year options, and WHEREAS the Basin Transit Board of Directors has provided authorization to exercise option year extensions; NOW THEREFORE BE IT RESOLVED incorporating the foregoing recitals herein, for and in consideration of the promises and of the mutual covenants and agreements herein contained, SELLER and BASIN TRANSIT thereby agree as follows: 1. Per Section SP-3, Period of Performance, the period of contract performance is extended to exercise the second one-year option. The new Period of Performance is extended through September 7, 2025. 2. Per Section SP-5.3, Vehicle and Optional Feature Pricing, the price of the vehicles and of the optional features for each option period shall be the unit price established in the amended Schedule adjusted by PPI 1413 as stipulated in the Contract and amendment. For this one-year period, the price increase is 9%. The new pricing is attached to this Amendment and shall become effective for orders placed on or after September 8, 2024. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first above written. CREATIVE BUS SALES, INC., a corporation MORONGO BASIN TRANSIT AUTH1ORITY Nick Corley, Transit Bid Manager J Meer, Director of Purchasing BASIN TRANSIT CONTRACT NO, 20-01 — CBS-1 (For Braun, i t•e, MobilityTrans, StarCraft and THIS AMENDMENT is made and entered into on S e p t e m b e r 8, 2 0 2 5 between and among MODEL 1 COMMERCIAL VEHICLES/ CREATIVE BUS SALES, INC., a California corporation, with its principal place of business located at 14740 Ramona Avenue, Chino, California 91710, ("SELLER"), and BASIN TRANSIT (Morongo Basin Transit Authority). R E C ITALS WHEREAS, BASIN TRANSIT, by its Request for Proposals # 20-01, duly advertised for written proposals for the purchase of Paratransit Vehicles ("BUSES") on behalf of itself and the listed participating agencies by Basin Transit; and WHEREAS the parties entered into an AGREEMENT, Basin Transit Contract N o . 2 0 - 01 on September 8, 2021, and amended this contract due to Force Majeure price increase request on August 12, 2022. WHEREAS the AGREEMENT was for a two-year base period with three one-year options; and WHEREAS the Basin Transit Board of Directors has provided authorization to exercise option year extensions; NOW THEREFORE BE IT RESOLVED incorporating the foregoing recitals herein, for and in consideration of the promises and of the mutual covenants and agreements herein contained, SELLER and BASIN TRANSIT thereby agree as follows: 1. Per Section SP-3, Period of Performance, the period of contract performance is extended to exercise the third and final one-year option. The new Period of Performance is extended through September 7, 2026. 2. Per Section SP-5.3, Vehicle and Optional Feature Pricing, the price of the vehicles and of the optional features for each option period shall be the unit price established in the amended Schedule adjusted by PPI 1413 as stipulated in the Contract and amendment. For this one-year period, the price increase is 12.9%. The new pricing is attached to this Amendment and shall become effective for orders placed on or after September 8, 2025. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first above written. CREATIVE BUS SALES, INC., a corporation MORONGO BASIN TRANSIT AUTHORITY Nick Corley, VP Public Sector JoerMeer, Director of Purchasing