HomeMy WebLinkAboutAgenda Bill 5D 12/07/2009
CITY OF PETALUMA~ CALIFORNIA ~. U
L ~~J~~~f7~ ~~~ ®~ls~Y 1 I~~A / y ~®®~
A~enda~Title: Discussion and Adoption of Resolution Authorizing the Meeting Date: Dec. 7, 2009
Purchase of One Replacement Paratransit Van and Two Replacement Fixed-
Route Buses for Petaluma Transit Meeting Time: 7:00 PM
Category: ^ Presentation ^ Appointments ^,Consent ^ Public Hearing ^ Unfinished Business ®New Business
Department: Direct r: Contact Person: Phone Number:
Public Works Vince t engo Joe Rye (707)778-4421
'Total. Cost of Proposal or Proiect: Name of Fund:
FTA Section 5307 Funding: $787,850 Fixed.Route 6500.65200.62220
20% Total Local Match (Prop 1B): $1.97,000 Paratransit 6500.65300.62220
Account Number:
Amount Budgeted: 65200 FTA Section 5307 $717,834
Transit Capital -With approval, budget will 'be amended to Prop 1 B (local split) $179,000
add $984,850 for these vehicle purchases 65300 FTA Section 5307 $70,016
Prop 1 B $ l 8,000
C~urrenf Fund Balance:
$984,8SQ, plus $526,000 in TDA reserves
Recommendation: It is recommended' #hat the City Council take the following action:
Adopt the resolution authorizing the purchase of one replacement paratransit van and two replacement fixed-
route buses for Petaluma Transit
1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting priorto secondreading
2. ^ .First reading of Ordinance approved without- unanimous vote: Ordinance has been published/posted prior to second
reading; see Attachment
3. ^ Other action requiring special notice: Notice has been given, see Attachment.
Summary Statement:
In 2008, the City of Petaluma.. became a Federal Transit Administration (FTA) direct grantee. This allows the
City to access FTA funding for capital projects through the Metropolitan Transportation Commission (MTC).
Each year, MTC prioritizes transit projects from eligible federal :grantees for programming regional
apportionments of FTA Section 5307 and :5309 funds. Petaluma Transit has been identified to receive FTA
Section 5307 funds to, replace. one paratransit van and two fixed-route buses with FY 08-09 funding. MTC'has
included this bus replacement project.: in the region's FY 09-1 p Transportation Improvement Program (TIP).
FTA has awarded the :funds for this project in grant # CA=90=Y728 and the City has budgeted Proposition 1 B
Transit Capital funds to provide the ,local match. With Council approval. bf the purchase, -based on an FTA-
approved piggyback procurement obtained from San Mateo County Transit District, a purchase order will be
issued to the G`illig Corporation for two fixed-route buses, and to• Creative Bus Sales for the paratransit van.
Delivery is expected mid=2.01:,0 for-the paratransit van, and early 20L1 for the fixed route buses.
Attachments to Agenda Packet Item:
1. Resolution
2. SamTrans-FTA-approved procurement documentation, upon which the City will piggyback its purchase.
Reviewed by Finance Director: Reviewed by City Attorney: A rov d Mana er:
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Date:. l/~~ `~' 0 Date: Date: // ~ ~
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CITY OF PETALJ1VIA, CALIFORNIA
DECEMBER 7~ ZOO9
AGENDA REPORT
FOR
DISCUSSION AND ADOPTION OF RESOLUTION AUTHORIZING THE PURCHASE OF ONE
REPLACEMENT PARATRANSIT VAN AND TWO REPLACEMENT I+'IXED-IZOUTE BUSES FOR
PETALUMA TRANSIT
1. RECOMMENDATION:
It is recommended that the City Council adopt the resolution authorizing the Purchase of one
replacement paratransit van and two replacement fixed-route buses for Petaluma Transit.
2. BACKGROUND:
In 2008, the City of Petaluma became an eligible FTA .grant recipient. This eligibility allows
the City to compete within the region for Section 5.307 transit funding. Each year, the
Metropolitan Transportation Commission issues a call Tor projects soliciting transit projects
from eligible grantees. In response, Petaluma Transit requested fi,-nding .for three vehicle
replacements -one paratransit van and two fixed-route buses.
FTA Section 5307 funds are allocated to different Urbanized Areas (UA) within the region by
formula. Although this is a federal fund source, the Metropolitan Transportation Commission
is the designated recipient for `all the Urbanized Areas within the nine-county Bay Area. To
facilitate the distribution of funds within the region, the Commission has developed a project
programming process :for allocating funds to the individual transit operators within the region;
called the Transit Capital Priorities (TCP) program. The goal of the TCP program is to fund
transit projects that are rriost essential to the region. Projects submitted to MTC under this call
for projects. are scored, based upon the TCP. Replacement vehicles are the highest scoring
projects and in most. years; the region receives only enough funds to cover this need.
Petaluma's bus replacement needs -will be met into the future by this funding source.
3. DlscussioN:
This purchase approval initiates construction of two. fixed route replacement. buses and one
paratransit replacement van. The paratransit van will arrive `in the Spring of 20.'10,.. and the two
new fixed .route buses will arrive in early 201.1.. Petaluma Transit's fixed route fleet will
improve dramatically upon receipt of these first. two of four planned purchases to replace the
overmatched, :unattractive, and unreliable 2003 Chevy, cutaway style buses.
Two bus specification choices were evaluated .and vetted by the City's Transit Advisory
Committee (TAC): vehicle length style, and fuel choice.
Vehicle Length
The four newer (2007) Gillig buses that make up the backbone of PT's current fleet are 35' in
length. These large buses are very well matched to the busiest routes and times of day.
However, during some parts of the service day, they contain large amounts of unused seating
capacity. Heavy-duty low-floor buses are commercially.available in 29/30', 35', 40', and 60'
versions from a small group of manufacturers in the United- States. To balance the fleet size,
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best matching vehicles with demand, staff and TAC recommend adding four smaller, heavy-
duty buses to the fleet, in the 29/30' size range.
Staff reached out to all the top heavy-duty bus manufacturers in the country to obtain
availability information on 29/30' buses. Unfortunately, due to various considerations, only
Gillig Corporation (Hayward, CA) is willing to manufacture 29/30' buses in small quantities.
Both New Flyer and NABI will build 30' buses, but only in large quantities. With Gillig an
established and top-flight bus manufacturer (we already have four Gilligs) and a .local
business, staff has proceeded to work with Gillig to identify anFTA-approved piggyback
procurement, with options obtained from SamTrans (San Mateo County Transit District).
FnPI C`hnire
Staff conducted extensive research on which current 'fuel choice will be most appropriate for
these next two batches of fixed-route buses and paratransit vans. For the paratransit vans, the
gasoline engines purchased in the last few years have proven to be a wise decision, and staff
and TAC recommend purchasing the next two paratransit vans with gasoline engines. For the
next four replacement (30' heavy duty) fixed route buses, staff presented a report to TAC on
the pros and cons of each potential fuel choice. TAC considered modern clean diesel,
hybrids, and compressed .natural gas (CNG). Due to clear evidence that emissions reductions
are comparable, operational flexibility greater, purchase costs less, and infrastructure
investment zero, staff and TAC recommend continuing to purchase modern, clean diesel
engines for "the next four replacement fixed route buses (these two, and two more to be
approved by~Council in 2010). •
Next Steps
In response~to the call for projects for FY 2009, the City of Petaluma received funds for three
vehicle replacements. (one paratransit van and two 30' transit buses). The City has claimed a
portion of its Proposition 1 B Transit Capital funding as the required 20% local match for the
bus purchases. The City will also be receiving FY 2010 funds for three more replacement
buses (again one paratransit van, and two more fixed route buses) and will be bringing an item
similar to this to Council again in mid-2010. Procurement of these first three vehicles is ready
for issuance of the purchase order.
4. FINANCIAL IMPACTS:
The purchase of the three replacement buses is funded by 80% Federal Transit Administration
(FTA) Section 5307 funds, with a 20% local match consisting of Petaluma Transit's funding
received from Proposition 1 B Transit Capital revenues.
Section LoeaIlVlatc6
Pro'ect 5307 (Pro 1B
Re lace 1 -Gas 2002 aratransit cutaway $70,016 $18,000
$717,834 $179,000
Replace 2- 29' Chevy gas-powered
cutawa s with 30' clean diesel transit buses
Total $787,850 $197,000
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ATTAC6~IVBENT 1
RESOLUTION AUTI~ORIZING THE PURCHASE OF ®NE REPLACEIVIENT PARATRANSIT
VAN ANI) TWO REPLACEMENT FIXED-ROUTE BUSES FOR PETALUMA TRANSIT
WHEREAS, pursuant to SAFETEA-LU, eligible project sponsors wishing to receive Federal
Transit Administration (FTA) Section 5307 grants for a project shall. submit an application with the
metropolitan transportation plarining organization (MPO), for review and inclusion in the MPO's
Transportation Improvement Program (TIP); and
WHEREAS; the City of Petaluma submitted an application for FTA Section 5307 funding for
transit bus and paratransit van vehicle procurements in the amount of $984,850 ("the project") to MTC
and the FTA in July 2009, and funding has been subsequently awarded; and
WHEREAS, funding for the replacement buses is available from the FTA Section 5307 and
Proposition 1 B Transit Capital funds' and purchase orders are required to initiate production; and
WHEREAS, an option was located to purchase low-floor buses through a procurement
consortium led by SamTrans (San Mateo County Transit District); where the Gillig Corporation of
Hayward, CA was the successful bidder; and
WHEREAS, an option was located to purchase paratransit vans through a procurement
consortium also led by SamTrans (San Mateo County Transit District), where Creative Bus Sales of
Chino, CA was the successful bidder; and
WHEREAS, the bus and paratransit van purchases under SamTrans
competitively bid procurement processes meet the requirements of Petaluma Municipal Code Section
4.04.100 for an exemption from City of Petaluma competitive bidding requirements; and
WHEREAS, :after- reviewing the quotes from Gillig Corporation and Creative Bus Sales, staff
.recommends that the Council authorize the purchase of two fixed route transit buses, and one paratransit
van from these respective vendors.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City
Manager to proceed with'the purchase of one paratransit van from Creative Bus Sales in the amount of
$88,016, and two 30-foot low-floor buses from Gillig Corporation in the amount of $896,834.
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~TTACFI~A~1~T 2
FINANCE ITEM # 7
MARCH 1S, 2007
SAN MATEO COUNTY TRANSIT DISTRICT
STAFF REPORT
TO: Finance Committee
THROUGH Michael J. Scanlon
General Manager/CEO
FROM: George Cameron C. H..(Chuck) Harvey
ChieEAdministra[ive Officer Clef Operating Officer
SUBJECT: AWARD OF A CONTRACT FOR PURCHASE AND DELIVERY OF
NINETEEN PARATRANSIT VEHICLES
ACTION
Staff proposes that the Committee recommend that the Board:
1. Award a contract to Creative Bus Sales, Inc., for the purchase and delivery of nineteen 22-
foot paratransit vehicles for a total estimated cost of $1,668,275 for athree-year base term.
2. Authorize the General Manager/CEO to execute a contract with Creative Bus Sales, ]nc.,
the highest consensus-ranked fine.
3. Authorize the General Manger/CEO to exercise an option for 10 additional 22-foot
paratransit vehicles contingent upon the availability of funds and if in the best interest of the
District. '
4. Authorize the General Manager/C1;0 to exercise up to two additional one-year option terms
at the appropriate time and if deemed in the best interest of the District.
SIGNIFICANCE
The award of this contract will provide.the District with the ability to replace the existing twenty-
nine 1999 and 2001• ElDorado paratransit vehicles (vehicles) and will ensure continued, reliable
Redi-Wheels service to paratransit,customers. The new vehicles will be upgraded to meet the
needs identified by the Para. transit Coordinating Council's (PCC) vehicle advisory committee.
BUDGET IMPACT
Procurement of the first 19 vehicles will be funded' 80 percent by a federal grant and ?0 percent by
local matching funds prograrruned in the approved FY 2007 capital budget. Subsequent funding
for the.addilional 1.O vehicles at the base price, plus costs due to new California Air Resources
Board requirements and any Producer Price Index increases; will be included in future year capital
budgets subject to Board approval.
BACItGROUND
The District programs the routine replacement of its vehicles ilraccordance wish Federal Transit
Administration (FTA} and Metropolitan Transportation Commission {IviTC) guidelines. The
PaEe I of?
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nineteen 1=999 and.the en 2001 ElDorado~vehicles being replaced are cun•ently the oldest vehicles
in the I~istrii;t's Redi-tiUheels fleet and the vehicles have.reached the end of heir useful service
1 ife.
The District, as the lead procuring agency, formed'a buying,~consortium with Alameda-Contra'
Costa County Transit, Central Contra Costa Transit Authority, and San Joagtiin Regional Transit
District, to solicit competitive proposals far~up to a combined,consortium member total of 69.
paratransit vehicles_'This contract will enable.members.of the consorFiuni o standardize then fleet
and realize better pricing through volume discounts. This contract .will atso'allow the District to
exercise: itself, or assign to:other, public agencies,, options.to:purehase up to an additiona1525
paratransit vehicles during the~tenn of the contract.:Each' agency to wlioin•an option is`assigned
will award its own individual contract with Creative'Bus Sales;,Inc..
Within 90 days from-the Disarict's issuance of a Notice To Proceed, the Contractor will.deli;uer 19
vehicles at $87,804 pei vehicle, including tax and delivery, for=;'a total purchase price of
$1,668,275. The District intends to purchase I0 additional vehicles within 14 monthsof the fist
purchase when funds become available.
ARequest for Proposals (RFP) was issued in November 2006, detailing the vehicle's technical
requirements. Pive;fiems downloaded tie:RFl' from the:Dtstrct's procurement Website and the
solicitation .information was advertised in a local newspaper. Staff receved'two proposals from
one Proposer as follows:
o Creative Bus Sales; Tnc., Chino
Ttte evaluation-committee (committee) consisting of District~staff, reviewed and ranked proposals
according. o the following weighted criteria:
• Product design and performance -0 - 35 points
MantiFacturer's;reputation and,performance 0 - 35 points
o Understanding of scope and 1ZFP requirements 0 - 15 points
• Cost proposal 0 - 1.5 points.
One proposal was for an E1Dorado Aerotech Medium-Duty (Aerotech);model and the other for a
Goshen coach Medium-Duty:modcl. After review, evaluation;•and initial scoring of both
proposals, the proposal for the Aerotech rrtodel was found"to bein the competitive range. The
committee conducted an interview'with"creative Bus Sales, Inc:. and performe8 reference checks.
Upon completion of final scoring of the proposal interview and priceanalysis, the committee
determined that Creative Bus~Sales, lnc_ meets all of the solicitation requirements and this firm is
fully capable of providing the specified equipment at'a fairand reasonable price..
ConCract;Officer: Brian Geiger b50-508=7973
Project l~lanagec Ken Quijano, Bus Maintenance.Contracf Administrator b50-508-6118
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RESOLUTION NO:,2t)08- 57
BOARD OF"DIREG'TORS.; SAN MATl;O COUNT-Y TRANSIT D15TR1CT
STATE OF CALIFORNIA
,~~~
AUTHORIZING AWARD OF,A CONTRACT TO GILLIG CORPORATION FOR
THi PURCHASE AND DT/LIVERY OF ~I32 HEAVY-DUTY BUSES FOR A
__
'TOTAL COST OF $48,706,999.71
WHEREAS. in:accordance with California Public;.Contract Code Sections 20216-20217,
San Mateo County Transit District {District) Berard Resolution:2007-07, passed on February 14,
2007, atiihorized use of.the coii~petitive negotiation procurement process in lieu of a sealed
competitive bidding process to purchase up to 1 ~7 40-Foot, Heavy-d'uty transit buses; and
'WHI;REAS,;the District; as lead agency of a consortium consisting,of ilie Central Contra
Costa Transit Authority; City of :Modesto, CA, City of 'Santa Matta, CA, Hampton Roads
Transit, VA, and Regional Iran"sj~ot~tation Commission ofWashoe County, NV, issued a Request
for Proposal (RPP) for the purchase and delivery of up to ~10~l.buses; including a base purchase of
132 buses by the District, and an option for the District and/or other public agencies to pw•chase
additional buses.dr.uing a threeyear Gale term; and
WHEREAS'; in response to the District's RPP, two fltms submitted a proposal: and
WHEREAS, an Evaluation Committee revie~+~e8 and scored the proposals in .accordance
with the-criteria set forth in ahe RFP; and
WHEREAS, upon completion of the proposal. coring process. the Evaluation
Committee found that the proposal submitted by Gillig Corporation of Hayward, California met
all .thesolicitatiorrrcquirements and was the highest ranked proposal: and
WHEREAS; stall' and General Counsel have reviewed the proposal and ftnds that it
meets ail of the reduirements of the RFP; and
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S'~.Transit & Transportation;C'C Agenda Bills'~,Btis Piuc}~ase':20t}9-t0 Bus Purchases',^049 Bus t'urcha§e AuthorizimrResG~.doi
WHEREAS, the General .Manager/CEO recommends and the Committee concurs that a
contract be awarded to Gillig, the firm tliat_received the highest consensus ranking.
NOW, THEREFORE, BE IT RESOLVED that, the Board of Directors of the District
awards a contract to Gillig For the purchase and delivery of 1.32 buses for a total cost of
$48,746,999.71, inclusivroftraining, manuals, spare parts, taz.and delivery; and
BE IT FURTHER RESOLVED that the General Manager/CEO or his designee is
authorized to c~ecute a contract on behalf of the District with Gillig for a three year teen, in full
conformity with all the terms and conditions of the solicitation documents; and
BE IT FURTHER RESOLVEll that the General Manager/CEO or his designee is
authorized to etecute up t~ hvo.additional one-year option terms with Gillig provided that such
options ai~e in the best interest of the District.
Regularly passed anal adopted this 15th day of~October, 2008 by4he following vote:
A'YI;S: GROOM, GUILBAULT, HARRIS, HARTNETT, HILL,
KERSTEEN-TUCKER, LLOYD, MATSUMOTO., TISSIER
NOES: NONE
ABSrN7-: NONE
rt~% ~~~~
air. oard of Directors
District Secretary ~ r•1
~r 2
t r,?~ 7~a. t
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RESULUTION;N0.:2007- ~ 4
BOARD OFDIRECTORS,;SAN.MATEOCO,UNTY`TRANSITDISTRICT
'.STATE OF•CALIFURNIA.
~~*
AUTHORIZING AWARD ;OF A:COhITRACT T0`.CREATIVE,BUS SALES,.INC:
FOR THE PURCHASE,AND.DELIYERY OF'NINETEEN 22-FOOT
PARATRANSIT`VEHIC)LES FOR AN'ESTIMATED COST OF Sl 668 275
WHEREAS, the San Mateo County Transit .District (District}, as the lead procuring
agency, formed a buying consortium with Alameda-Contra Costa. County Transit, Central
Contra .Costa Transit. Authority, and San Joaquin Regional Transit District, to .solicit
competitive proposals for paratransit vehicles; and
WHEREAS; the .District issued a Request for Proposals (RFPj for the purchase and
delivery 'of up to a combined. consortium member total of b9 paratransit vehicles, with a
provision'~for the District to exercise itself, or assign. to other public agencies, options for up to
525 paratransit vehicies;:and
WHEREAS, in.response o the District's RFP, one-firm submitted two proposals; and
WHEREAS, an evaluation. committee has reviewed and evaluated the proposals in
accordance with the criteria set':forth in the RFP and conducted an.interview; and
WHEREAS, upon completion of proposal evaluations and interview, the evaluation
committee found that the proposal submitted by Creative-Bus Sales;,Inc, of Chino, California, for
the Aerotech Medium-Duty-model paratransir vehicle met -all` solicitation requirements and was
the highest ranleed proposal; and
WIiEREAS, taff has conducted a price•anal_ysis and finds Creative Bus Sales' prices to
be fair and°reasonable; and
WHEREAS, staff and General Counsel have. reviewed .the proposal -and finds that it
meets all of the requirements of the RFP; and
1305786.1
9
S€:Tra~tsit & Transportationl~~~C' Ageri~i;r-F3iih,Rus Purchase\209-10Bus Purch tses`,~?6~9 Fius E'tncliase Auihorizin~ Reso.doc
WHEREAS, the Genera[ Manager/CEO recommends, and the Committee concurs, that a
contract be awarded to Creatve Bus Sales, Inc. of Chino, California, whose firm received the
highest consensus ranking,. for athree-year base term at an estimated cost to the District of
$ ],668;225 for 19 paratiansit vehicles.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the District
awards. a .contract to Creative Bus Sales, Inc. for the purchase and delivery of 19 paratransit
vehicles for a total estimated' cost of $1,668,275, including tax and delivery, .based upon the
requirements of the District and-at the prices submitted for these vehicles; and
BE IT FURTHER .RESOLVED that the General Manager/CEO or his designee is
authorized to exercise an option to procure 10 additional paratransit vehicles from Creative Bus
Sales, Inc. at the base bid price plus any cost increases resulting from additional California Air
Resowces~Board requirements or Producer Price Index changes, contingent upon the availability
of funds and if it is in the"best interest of the District; and
BE IT FURTHER- RESOLVED that the General: Manager/CEO, or his designee, is
authorized to exercise up to two additional one-year option terms with Creative Bus Sales, Inc.,
provided that such options are in the best interest of the District.
Regularly passed and adopted this 15th day of March, 2007 by the following vote:
AYES: Gulbault:, 3arris, Hart tt, Hill, ..Lloyd, Matsumoto,
Tisser, Hershman
NOES:
None ( n'
ABSENT': Aersteen-Tacker f U~/~,r ~, ,~ ,c,b~-
Chair, ~~ard of D
TEST:
"I
Board Secretary
2
7305786.1
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PosT OrFtc>L Box•64
PCTALUIVta, CA 9=1953-Og61
Pnmeln Torlintt
Adrq~or
'Teresa Darren
Dnvirl Gloss
Mike Finrris
\9ikr Healy
David Rahbitt
7 i ffnny RcnEe
Corrncilrnrnrhers
WAIVER AP1D RELEASE
WHEREAS, Gillig LLC (Contractor) has entered into a procurement contract
entitled "09-SAMTR-M-001, PURCHASE AND gELIVERY OF HEAVY-DUTY BUSES,
dated October 15, 2008 (herein referred to as Cdntracf) with SAN MATED COUNTY
TRANSIT DISTRICT (pistrict); and
WHEREAS, the. District is willing do assign to City of Petaluma, CA.(Agency)
District's right.to acquire fourHeavy-Duty Buses-from Contractor under the terms.and
conditions of the Contract, and pursuant to a separate agreement between Contractor
and Agency
NOW?HEREFORE, ih exchange #or the District's assignmentof the right to
acquire flour Neavy-Duty Buses from Contractor, Agency hereby declares and states as
follows:
Agency warrants thatit meets alllrequirements for eligibility to participate
Prrbllc fVnrGs
I rfnrfnfdrn8mr
f l English S~rret
Pelahona, Ca 9J951
Prrn» e r?n?1 77s-~f~7-f
Far (707) 776-3601
E-:tLail: pnGlicirorkct
c•i.petalnmrr.cn us.
atrporr
60! Sky Ranch Drive
Pelaluran, C.I 9{9Ja
/?lrune /707) 778-LdOJ
Fas.~7n7~ 77s-a-fns
Corporation •'}'rrr~f
(ellairnenarcrr~ Operutigrrsj
810 Hopper Sr. EZ-r.
P2wluma: GI 91951
Phone (707) i 78-~t303
F¢t-(70i) 778-dd37
Trmoit
sss n'- blcDnrrelr Rrorr.
Peratrnnn. Cwt 9 r95J
Phnnc {7Q7) ?78--l-l1/
Fm~(70i) 7:6-3799
in the assignment of these options.
Agency hereby waives and releases any and all claims it may have
against the District with respect to any and all obligations of the Agency under the
agreement between .Contractor and Agency for the purchase.of said Heavy-Duty Buses
pursuant to the Contract between Contractor and District.
3. Agencyshall defend, indemnify, and hold District, and its directors,
officers, agerits, and employees harmless from and against any and all claims, suits, or
actions arising.out of, resulting from, or in any way related to Agency`s purchase,
ihstailatidn, and use of the Heavy-Duty Buses.
Agency's Name: Lrfy e~ Pe-tatiutn~
Print: T'ScPH R yr
Title: Tra:~strt ~iyiSfat., }.t~,z-
11
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POST OFFtCL BOX.61
P>cTAI:.UMAr CA 94953-0061
Pnmrln 'torlift 11
hln~~or
Tcresa Hnrrett
Dnrid Clnns
A9iket~nrris
D•tila Fcnl}~
llurid Anbbitt
Tifruu~ Rcn~e
Crnarcilrnnnhers
WAIVER'AND RELEASE
WHEREAS, Creative Bus Sales, Inc. (Contractor) has entered into a
procurement contract entitled"07-SAMTR-M-023, PURCHASE AND DELNERY OF
CUTAWAY BUSES, :dated March 15;•2007 (herein referred ,to as Contract) with SAN
MATED COUNTY TRANSITDISTRIGT,(Distract); arid
WHEREAS, the District is willing'to assign o City of Petaluma (Agency) District's
right toacquire two Cutaway Buses from Crntractor under the terms and conditions of
the Contract, a,nd pursuant to a. separate ag[eemeriY;between Contractor and Agency.
NOW THEREFORE;'ih exchange for the Districts assignment of the right to
acquire two Cutaway Buses from Contractor, Agency hereby declares and states as
follows:
Agencywarrants thaf it meets al! requirements for eligibility to participate
in the assignmeht of these options.
2. Agency hereby waives and releases any and all claims it may have
P~rblic IVnrks
Arln+irri5rarion
11 EnglishSlreer
Peralurnn, 0,19995:
Phone (707) 71X-1171
Fax ('707) 716-360?
C-,11ai1: pahlicuor!-s~?
ci. petaluna.ca. res
l irporr
601 Sby Rand Drive
Pein(nnrrr,.C I999.i,1
Phone 17Q71 775-1.101
Fax 17ni7 718-1arr5
Cnrporatrar }aryl
(rl/aGrtenmrce fi, Operyrlogs)
S-IQ HoliperSt.'E.rr,
Pem)nn+a, C,I9195?
Phone. (707J 7,'8~303~
Fas j707J 7i3--1-137
rrmrsit
5s5I<<. nl~ao,.=~u ar•d.
Pemhmm, C.f 9d>51
Phnnc (707J 714-1-131
Fac("107) 716-3799
against the District with respect to any and all obligations of the Agency under the
agreement between Contractorand Agency for tti'e purchase of said Cutaway Buses
pursuant to the Contract between Contractorand Distract.
3. Agency shall defend, indemnify, and hold District, and its directors,
officers, agents, and employees harmless from and against any and all claims, suits, or
actions arising" out of, resulting from, or in any way related to Agency's purchase,
installation, and use of the Cutaway Buses.
Agency's Name: C- :'t~i u~- Pe-~ a ~ ~~ d
Print: ,:-~ c5E1'K ~`~ c
Title: Ic~-~se-r- ~tvis~cro ~~~,
12
ti:,Trffzsrt 8c Tranportatit~nlCC Agrftda Bitlllitfs Purchase'.200~+-IO tus Purch<tses'~20U9 Buy €'urchase Auth<>ri-ring Iteto.doc