HomeMy WebLinkAboutStaff Report 3.D 06/18/2012 A enti whewn/#3 .D
4P6 41.
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. 2859 •
DATE. June 18,2012
TO Honorable Mayor and Members of the City Council through City Manager
FROM: Dam St. John— F.ASCE— Director, Public Works & Utilit (
Joseph Rye Transportation Manager
SUBJECT: Resolution Authorizing`the Purchase of One Replacement ParattansitVan for
Petaluma Paratransif
RECOMMENDATION •
It is recommended that the City Council adopt the attached resolution authorizing the purchase of
one replacement'paratransit van.for Petaluma Paratransit $
t 75',000, utilizing Federal Transit
• Administration (FTA) and Transportation Development Act (TDA) available funding.
BACKGROUND
This purchase will continue the'"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. On May 1.7, 2010, the City Council adopted a,resolution.authorizing the filing of an
application for Federal Transit Administration (FTA) Section 5307'=funding for the proposed
vehicle purchase. That grant has been.approved by the'FTA+and Used to purchase-two vans .
already. The proposed. actionis'to'purchase a third van with the grant.
DISCUSSION
Maintaining a newer fleet is`key"to reliable transit service. The proposedpurchasetis,a,Class B
(also known as Typel2), Elkhart paratransit van. This replacement van will be powered by a
gasoline engine, asiaretall'the vans in the Petaluma Paratransit fleet. Without access to a
• dedicated,compressed natural gas(CNGY.fueling station at This time, gasoline engines.are the
only practical choice for the para fleet. This new paratransit van will arrive in=the next 5:tmonths
' and replace a van that has exceeded its useful life (5 years or 150,000 miles) by FTA-standards.
The old van will be sold at auction per City policy for surplus vehicles. This.item.was,
recommended:for approval by the Transit Advisory Committee (TAC) at its April 12`h, 2012 •
meeting.
Agenda Review:
City Attorney 1 l 7( Finance-Director _ City Manager la
The;replacementparatransit yan is being procured in compliance with Petaluma Municipal Code
Section-4.04.100, utilizing'anFTA-approved method of piggybacking onto another agency's
publicly`bid.process, and thereby the Cityfrom competitive bidding requirements.
Thisis advantageous`tothe City due to the reducedstaff time involved, and the economies of
scale'and lower"pricing obtained:in a larger consortium bidding process. The same method was
used for previous purchases<approved by City Council and like the two vans purchased in
December 2011, is being purchased off of the FTA-approved CaIACT/Morongo Basin Transit
Authority Vehicle'Purchasing Cooperative with an option assigned'by CaIACT (California
Association for Coordinated Transportation).
The remaininggranf-funds after the-purchase of this repladeinent van may beutilized to help
purchase asmaller, sedan-like',paratransit vehicle in,the near future,or to equip the remaining
paratransit fleet with audio and video surveillance systems,similar to that of the fixed route
buses. With the arrival of this.vehicleinthe fall, the Petaluma Paratransit fleet will be comprised.
of seven vans, 3 less thania.year old, with an average age of less.than 3.5 years. In the next two
fiscal years,.4 new paratranaitvehicles will be replacing the oldest vans in the fleet.
The proposed action meets Council Goal: "Plan for and implenient priority capital projects as
funding permits".
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FINANCIAL IMPACTS
Purchase ofthis;replacement vehicle:is funded.by a combination of Federal Transit
Administration(FTA) Section 5307 funds, and Transportation Development Association (TDA)
Article 4.0 funds. This third van to be purchased from the grant-will cost $75,000, including the
fee for utilizing the CaIACT/MBTA purchasing cooperative. All funds are included'in the FY
2012 Budget.
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Grarit7History-, :FTA5307•, 42ocal'Match' ' 'Ideal 100%
(80%o)1Share '(20 94A(TDA)>_- Aniounf
.;Total PTA+;Giant GA-90 Y902 % :$180;940: , $45;235.: ..$226d75
Purchase of Two Vans— Council Approved $94;484 $23,621 $118;105
December 2011 =Arrived May 2012
Installation,of Graphics Pending $2,400. $600 $3,000
Purchase of THIS One -Van — Council $60,000 $15,000 $75,000
Approval Requested June 2012
Installation`of Graphics - Estimate $1,200 $300 $1,500
TOTAL COSTS $158,084 $39;521. $197,605
REMAINING'FUNDS ON GRANT $22;856 $5,714 $28;570
ATTACHMENTS
1. Resolution
2. ,CaIACT/MBTA FTA-approved'procurement documentation,upon which the City will
piggyback its purchase:.
3. A-Z Bus Sales Price Quote/Buyers Agreement
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Attachment 1
RESOLUTION.;AUTHORIZING•THE PURCHASE °PONE'REPLACEMENT
PARATRANSIT°VAN 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 pants for a project shall submit amapplication with
the 3netropolitan"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 amountof$180,940'in FTA funds, plus $45,235
in local-FDA 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•a..paratransit vari through a procurement
• consortium, led by the California Association'for Coordinated Transportation (CaIACT) and
Morongo:Basin Transit Authority (MBTA), known as the "Cooperative", where A-Z Bus Sales
of Sacramento, CA was a successfil"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 foran exemption from City of Petaluma competitive bidding requirements; and
• WHEREAS, after reviewing;thequotes from A-Z Bus Sales/Bus West, staff
recommends that the Council authorize the purchase of one paratransit van from A-Z Bus Sales
via the CaIACT MBTA Cooperative; and
NOW, THEREFORE, BE IT'RESOLVED, that the City Council hereby authorizes the •
City Manager to issue a purchase order for the purchase of one paratransit van from A-Z Bus
Sales in a not to exceed amount of$75,000.
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Attachment 2
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MBTA CONTRACT# 11-03,A1
AGREEMENTREGARDING'PURCHASEOF"PARATRANSIT VEHICLES:
THIS AGREEMENT is made and entered into on. May 15, 2012.between and
among A-Z BUS SALES, INC., a California corporation, with its principal place of
business located at 1900 South Riverside Avenue, Colton, 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, byits Request for Proposals #011-03, duly advertised
for written proposals to,be submitted on or before 1 1:30 a.m.,on December 14,
2011 for the purchase of Paratransit 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 ih.response to MBTA's
Notice Inviting Proposals..and
WHEREAS, after it.was determined that SELLER was the successful
responsive and responsible bidder; and
WHEREAS; SELLER's proposal in response to MBTA's N_ otice 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 General
Manager via Resolution 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 thepublic bidding piocessiforthe purchase of the BUSES;
NOW, THEREFORE, incorporating the foregoing recitals herein, for
and in consideration of the promises and of the mual covenants and
anreements:herein contained' SELLER and MBTA hereby agree atfollows:
1. CONTRACT DOCUMENTS. This Agreement, along with all
Exhibits :referenced herein, and including without limitation, all documents
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: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 #1`1=03 and any adderidums 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 ofthe Parties to this Agreement.
• 2. DESCRIPTION OF BUSES ,PURCHASED. SELLER hereby
agrees that it shall sell the BUSES manufactured by ARBOC Mobility, Braun,
Elkhart and Glaval as more particularly described in RFP #11-03 (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 particularlyAescribed in RFP #11-63 (attached'hereto as Exhibit
"B") under the terms and conditions set forth in RFP #11-03.
4. DELIVERY. SELLER shall deliver F.0:13. per terms and conditions
of MBTA RFP#11'- 03 Section SP 7.4 and as proposed..
5. PAYMENT BY COOPERATIVE' PARTICIPANTS. SELLER shall
collect payment from' CalAct/MBTA 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 #11-03, Section SP 9:1 and 9.2.
6. NO ASSIGNMENT. Neither this Agreement, no •any interest in it,
may be assigned Cr 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 northe Cooperative
shall be entitled to an award of attorneys' fees or costs, but shall be entitled to
any other relief:to which it-maybe 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
arisingin any.'way from this Agreement shalt be brought in San Bernardino
County; California. .
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1.0. •NO.'WAIVER'OF DEFAULT.. The failure':ofany Party to enforce:
• against: another party any, provision of this Agreement, shall not constitute a
waiver of that party's Tight'to enforce such a provision at a later time, and shall
not serve to vary the ferriis Of this Agreement:
1'1... 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. B INDING 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 iti thisAgreement (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 eachand all of the obligations set forth in thisAgreement.
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.
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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"„ as submitted in response to RFP 11-03 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:
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17: WARRANTY OF FITNESS; SELLER hereby warrants that the,
BUSES and all materials?fumished shallrmeetthe;requirementsiandtconditions•of
the Contract Documents•and shall be fit for the purposes intended: Acceptance-
of.this warranty andacceptancethe 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 atany other address designated by proper notice:
MBTA:. Joe Meer
General Manager
Morongo:,Basin Transit•Authority
62405 Verbena Road
Joshua Tree, CA 92252
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SELLER: Ed King
Director of Sales
A-Z BUS SALES;,INC.
1900 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*ually responsible for
authorship of this Agreement. Section 1654:of the California Civil Code shall not
apply.to the interpretation ofthis Agreement.
IN WITNESS:WHEREOF, the:Parties have executed this Agreement as of the
• date first above written.
• ,A-Z BUS SALES, INC., Morongo'Basin'Transit Authority
a corporation
By- JI By ��-
Ed King, Director of Sales Marketing Jo , Sr, General Manager
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Petaluma Transit Attachment 3
r I ;!f_`,-err :: :;'.4! 14,passenger w/2 wheelchair positions
May 17, 2012
BUS SALES;INC. •
CaIACT— MBTA Vehicle Purchasing Cooperative
9 tatitu nlrn r'
341952nd Avenue A-Z..Bus:.Sales,.Inc A
Sacramento.Celtamw 95823
19161391a092 Elkhart Coach, Type B 158" wheelbase,22' Length $48,900
FAX(916)391•1093
Published Options:
Freedman Folding Seat: 1 x $1,040 1,040
Roof/Escape'Hatch 245
RemovableFloor access plate for fuel tank 95
Locking Rear`door'w/alarm 450
USSC Drivers Seat, G2E 880
Adnik power seat basefor drivers seat 525
Stop Request System 775
Sportworks-Bike Rack, Black 1,650
Level I vinyl (14 k $17) • <238>
Mor/Ryde,Suspension, rear axle 745
Armored Marker lights and side turn signal 25
Velvac Power Mirrors <114>
Non-Published Options:
Luminator Front and Side LED Destination Signs 5,800
Seon'TL4,4 camera system w GPS,.500-GB hard drive + (1) spare drive 3,353
Net Cost 64,131.00
CaIACT 1.5% fee (fee is collected by A-Z and forwarded to CaIACT) 963.09
• Sales Tax @8500%on taxable amount.of 52,846.($1 1,285) is excrnpt) 4;227.68.
Total Purchase Pride $ 69,321.77
Notes:
Altro Flooring to be Storm Gray
Tiedowns to be QStraini'Deluxe with L type Track
Wheelchair.lift,tobe Ricon
Passenger seats in Gray level 1 vinyl, Drivers in USSC Black Cloth
TDSS belt storage on I folding seat
Altro yellow nosing in lieu of in-laid metal strip
Agency.Signature
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