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HomeMy WebLinkAboutStaff Report 4.A 12/05/2011 74 gonci,a/ Ite 4J # 4.A w A c A , I85$ DATE: December 5, 2011 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Joseph Rye, Transit Division Manager 4R SUBJECT: Resolution Authorizing the Purchase of Two Replacement Paratransit Vans for Petaluma Paratransit RECOMMENDATION It is recommended that the City Council adopt the attached resolution authorizing the purchase of two replacement paratransit vans for Petaluma Paratransit. BACKGROUND This purchase is a continuation of a larger vehicle upgrade strategy that utilizes Federal Transit Administration (FTA) transit capital funding allocated to the Metropolitan Transportation Commission (MTC) and programmed to Petaluma as part of the regional transit capital priorities program. At their meeting of May 17, 2010, the City Council adopted a resolution authorizing the filing of an application for Federal Transit Administration (FTA) Section 5307 funding for this vehicle purchase. That grant has recently been approved by the FTA, providing funding that allows the City to place the order for this set of vehicles. DISCUSSION A key to reliable transit service is maintaining a newer fleet. This purchase approval initiates construction of two Class A (also known as Type 1), Elkhart paratransit replacement vans. The new paratransit vans will arrive in the next 5 months. These vans will replace two vans that have long since passed their FTA - standard useful lives and will be sold at auction per City policy for surplus vehicles. The new vans will continue to be powered by gasoline engines, as are all the vans in the Petaluma Paratransit fleet. Although alternative fuel engines are available in these smaller vehicles (CNG — compressed natural gas) Petaluma Transit does not have secure access to an alternative fuel fueling station at this time. The master planning of the Petaluma Transit operations facility is evaluating potential for hosting a fueling station onsite. This item is Agenda Review: 1 City Attorney Finance Director City Manage recommended for approval by the Transit Advisory Committee (TAC), which considered this item at its December 1 2011 meeting. The two replacement paratransit vans are being procured in compliance with Petaluma Municipal Code Section 4.04.100, utilizing an FTA- approved method of piggybacking onto another agency's publicly bid process, and thereby exempting the City from competitive bidding requirements. This is advantageous to the City due to the reduced staff time involved, and the economies of scale (lower pricing) obtained in a larger, consortium bidding process. The same method was used for the purchases approved by City Council in both December 2009 and August 2010. These vans are being purchased off of the FTA- approved CalACT/Morongo Basin Transit Authority Vehicle Purchasing Cooperative with two options assigned by Ca1ACT (California Association for Coordinated Transportation) on September 30, 2011. FINANCIAL IMPACTS Purchase of these two replacement vehicles is funded by a combination of Federal Transit Administration (FTA) Section 5307 funds ($180,940), and Transportation Development Association (TDA) Article 4.0 funds ($45,235). The cost of this two -van purchase is a not -to- exceed amount of $120,000, which includes the fee for utilizing the Ca1ACT/MBTA purchasing cooperative. The remaining grant funds after the purchase of these two replacement vans will be utilized to purchase one or two additional replacement paratransit vans in the near future. All funds are included in the FY 2012 Budget. ATTACHMENTS 1. Resolution 2. CaIACT/MBTA FTA- approved procurement documentation, upon which the City will piggyback its purchase. 3. Bus West Price Quote/Buyers Agreement 2 ATTACHMENT 1 RESOLUTION AUTHORIZING THE PURCHASE OF TWO REPLACEMENT PARATRANSIT VANS FOR PETALUMA TRANSIT WHEREAS, pursuant to Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (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 planning 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 vehicle procurements in the amount of $180,940 in FTA funds, plus $45,235 in local TDA funds, ( "the project ") to MTC and the FTA in June 2010, and funding has been subsequently awarded; and WHEREAS, an option was located to purchase paratransit vans through a procurement consortium, led by the California Association for Coordinated Transportation (CaIACT) and Morongo Basin Transit Authority (MBTA), known as the "Cooperative ", where Bus West of Carson, CA was a successful bidder; and WHEREAS, the paratransit van purchases under the CaIACT /MBTA competitively bid procurement process meets 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 Bus West, staff recommends that the Council authorize the purchase of two paratransit vans from Bus West via the CaIACT MBTA Cooperative; and WHEREAS, funds remaining in this grant after the purchase of these first two paratransit vans will be utilized to purchase one or two more in the near future to continue the City's transit fleet modernization program. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to issue a purchase order for the purchase of two paratransit vans from Bus West Bus Sales in a not to exceed amount of $120,000. 3 Attachment 2 September 30, 2011 City of Petaluma 555 North McDowell Blvd. Petaluma, CA 94954 Re: Cooperative Letter of Assignment Dear Mr. Rye: The CaIACT -MBTA Vehicle Purchasing Cooperative ( "Cooperative ") is pleased to assign two options for two Class A, Elkhart Coaches to be purchased from Bus West pursuant to RFP #09 -02. Please be advised that assignment of said vehicles does not constitute a recommendation or endorsement of this product by the Cooperative. City of Petaluma as the purchasing agency is responsible for its choice of vehicle product and options selected. City of Petaluma is also responsible vehicle inspection, acceptance and enforcement of any contract provisions. City of Petaluma hereby agrees that any inspections necessary for delivery and acceptance of the vehicles are to be accomplished by their own qualified staff, firms on the Ca1ACT Vehicle Inspectors list or other independent inspector pre - approved in writing and in advance by the Ca1ACT -MBTA Cooperative. Purchasing agencies are responsible for and are to exercise due diligence in evaluating the suitability of these vehicles for their operating environment and are responsible for determining their eligibility for funding. In particular, the Cooperative urges you to read and understand the Altoona test report for the vehicle you are purchasing. Copies of the solicitation documents containing contract provisions are available at www.Ca1ACT .org by accepting this assignment, City of Petaluma agrees to hold harmless, indemnify and defend the Cooperative pursuant to Section 6.0 (6) of RFP #09 -02 from any and all liabilities. Failure to accept any or all of the above may result in revocation of assignment. Sincerely, Jacklyn Montgomery Executive Director 4 STATE OF CALIFORNIA— BUSINESS, 7RANSPOR'IA'I1UN AND HOUSING Mi N(;Y _..._ ARNOLD SC'IIWARZENI GGER Gaeernot DEPARTMENT OF TRANSPORTATION DIVISION OF MASS TRANSPORTATION MS 39 1120 N STREET P. O. BOX 942873 SACRAMENTO, CA 94273 - 0001 Flex your power! PHONE (916) 657-3875 Beenergyefcient! FAX (916) 654 -9366 TTY 711 December 15, 2009 Mr. Joe Meer Morongo Basin Transit Authority 62405 Verbena Road Joshua Tree, CA 92252 Dear Mr. Meer: As required by the Federal Transit Administration (FTA), the Division of Mass Transportation is responsible for the review of all contracts for compliance with federal statutes and regulations applicable to a third party contract. As a subrecipient of Federal Section 5311 funding, all procurement activities and third -party contracts must comply with 49 CFR Part 1.8, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and FTA Circular 4220.1F — Third Party Contracting Requirements. We have completed our review of the November 2009, Request For Proposal (RFP) from Morongo Basin Transit Authority for the purchase of type 1, 2, and 3, Compressed Natural. Gas, and hybrid paratransit buses (excluding the low -floor buses). The RFP is in compliance with FTA contract requirements and you may proceed with the bid solicitation process. Please forward to us all bid addenda, amendments and /or any correspondence related to the bid process. Prior to bid award, please forward to us a copy of the proposed bid award along with the bid . analysis or summary for review and approval. If you have any questions, please contact Robert Jackson, of my staff at 916-654-8631. Sincerely, } CHUCK GUNTER Branch Chief Procurement and Grants Management 1 i "Caimans improves mobility across California" 5 MBTA CONTRACT # 09- 02 -BW1 AGREEMENT REGARDING PURCHASE OF PARATRANSIT VEHICLES. THIS AGREEMENT is made and entered into on loth e ?E° 1 ' between and among Los Angeles Truck Centers LLC, d /b /a BusWest, a California Limited Liability Company, with its principal place of business located at 21107 South Chico Street, Carson, California ( "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 #09 -02, duly advertised for written bids to be submitted on or before 2:00 p.m. on December 18, 2009 for the purchase of Paratransit Vehicles ( "BUSES ") on behalf of the California Association for Coordinated Transportation ( "CALACT ") by the NIBTA; and WHEREAS, the NIBTA'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 Bids; and WHEREAS, after it was determined that SELLER was the successful responsive and responsible bidder; and WHEREAS, SELLER's bid in response to MBTA's Notice Inviting Bids 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 General Manager via Resolution No. 09 -04 to award contracts and General Manager accepted 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: WITNESETH: 1. CONTRACT DOCUMENTS. This Agreement, along with all 6 Exhibits referenced herein, and including without limitation, all documents referenced in said Exhibits shall hereinafter be referred to as the "Contract Documents ". 2. DESCRIPTION OF BUSES PURCHASED. SELLER hereby agrees that it shall sell the BUSES as more particularly described in RFP #09- 02(attached hereto as Exhibit "B ") to any and all CalAct/MBTA participants who desire to purchase such BUSES from SELLER. 3. CONTRACT PRICING. SELLER hereby agrees to sell such BUSES as more particularly described in RFP #09 -02 (attached hereto as Exhibit "B ") under the terms and conditions set forth in RFP #09 -02 4. DELIVERY. SELLER shall deliver F.O.B. per terms and conditions of MBTA RFP #09 -02 Section 7.0, subsection 3. 5. PAYMENT BY COOPERATIVE PARTICIPANTS. SELLER shall collect payment from CalAct/MBTA participants within forty five (45) days after the delivery and acceptance of the BUSES by the participant, and a receipt of an invoice thereof, per RFP #09 -02, Section 7.0, subsection 5. 6. NO ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party. 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 costs, but shall be entitled to any other relief to which it may be entitled by law. 8. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the MBTA Board and signed by all both 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 7 1 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 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 8 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 General Manager Morongo Basin Transit Authority 62405 Verbena Road Joshua Tree, CA 92252 SELLER: Brent Phillips Vice President of Sales and Marketing BUSWEST 21107 South Chico Street Carson, California 90745 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. Los Angeles Truck Centers, d /b /a, Morongo Basin Transit Authority Buswest a California Limited Liability Company By . Brent "Ph- iiBips Vice 'President of Sales Jg& General Manager and Marketing 4 4 9 1 Attachment 3 BUYER'S AGREEMENT Customer CITY OF PETALUMA Date 1112212011 Address 555 N. McDowell Bive County City Petaluma State CA Zip Code: 94954 Contact Joe Rye Office 707 778 -4421 Fax: 707 776 -3799 Email Address jryeci.petaluma.ca.us Cell 707 753 -1263 DSI Account: TBD Sales Representative Mills Transaction Type _ Trade Ins: NONE QUOTATION SUMMARY ,.,, 1 Descri.tion Price 2012 Elkhart Coach, 8 and 2 Passenger with Lift $ 49,350.00 Quotation is Valid for 14 Da s and subject to pricing changes and option availability until executed by the customer. SPECIFICATION SUMMARY Model Year 2011 Make: Ford Model: Braun Type: Starcraft Chassis: E -350 Wheelchair Lift Type: REAR Passenger Capacity: 10 Wheelbase: 138" Number of Tie Downs: 3 Seat Fabric: Level 1 Engine: 5.4L V -8 Alternator: 225 AMP OEM Air Conditioning System: TA71 GVWR: 11,500 Tie Dowm Type QRT Max Tie Downs Exterior Color /Graphics: White Body Length: 21' Estimated Delivery: 120 Dats ARO SALES ORDER 11/22/2011 PRICING SUMMARY LIMITED WARRANTY SUMMARY Vehicle as Specified $ '49,350,00 Section Time Milea e Dealer Added Options $ 5,800.00 Body Structure As Per Cal ACT bid Total Cash Price $ 55,150.00 Basic Body As Per Cal ACT bid ADA Equipment (non - taxable) $ 9,745.00 Air Conditioning As Per Cal ACT bid Documentation Fee $ 55.00 Seating As Per Cal ACT bid Total Taxable Amount $ 45,460.00 Wheelchair Lift As Per Cal ACT bid Sales Tax Los Angeles 8.00% $ 3,636.80 Basic Chassis As Per Cal ACT bid Estimated Registration Powertrain As Per Cal ACT bid Tire Recycle Fee $ 10.50 Delivery to Customer $ 200.00 Respective warranties are those of the OEM manufacturer, not BusWest. Limited warranty Total Price Per Bus $ 59,052.30 policy and details are available prior to delivery upon request. Extended Warranties offered are by a third -party vendor, not the manufacturer. BusWest is an administrator of warranty Quantity 2 policy only on behalf of respective warrantor. Total Sales Order Amount 11: 0•.•t Deposit Trade In $ - Amount owed on Trade -In $ Net of Deposits $0.00 Balance Due on Delive $ 118 104.60 Purhcaser agrees that this Order is inclusive all information contained herein and Addendum attached; that this Order cancels and supersedes any prior agreement; and as of the date indicated herein comprises the complete and exclusive statement of the terms of the agreement relating to the subject matters covered hereby; and that this order shall not become binding until accepted by dealer; this sales order may be terminated by the seller at any time at its sole descretion. All pricing is inclusive of and net of manufacturer rebates and concessions, rebates or concessions shall be retained by dealer. Offered by: Agreed and Accepted by: Representative Date Purchase Date Print Name Title 10