Cities Index.
First Amendment to Agreement Creative Bus Sales

Redondo Beach City Council
April 18, 2023

Document
First Amendment to Agreement Creative Bus Sales
Meeting
April 18, 2023
Body
Redondo Beach City Council
Original file
3.8 MB
Text extracted from the city's file for reading and search. Open the original on redondo.legistar1.com. That file is the official record.

1 FIRST AMENDMENT TO THE AGREEMENT FOR

THE ACQUISITION OF VEHICLES BETWEEN THE CITY OF REDONDO BEACH AND CREATIVE BUS SALES, INC.

THIS FIRST AMENDMENT TO THE AGREEMENT FOR THE ACQUISITION OF VEHICLES (“First Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and Creative Bus Sales, Inc. a California corporation (“Contractor”).

WHEREAS, on December 21, 2021, the parties entered into the Agreement for the Acquisition of Vehicles between the City and Contractor (the "Agreement") to purchase five Vehicles; and WHEREAS, the Vehicles have not been delivered to the City; and WHEREAS, due to the supply chain crisis, the price for the Vehicles have increased; and WHEREAS, the parties desire to amend the Agreement to increase the payment made to the Contractor.

NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:

1. Agreement. Section 4 of the Agreement shall be deleted in its entirety and restated as follows.

This Agreement consists of this document and all attached exhibits, which are incorporated herein by reference:
a) Exhibit “A”: Contractor’s Federal Transit Administration Compliance Certification Forms
b) Exhibit “B-1”: Contractor’s Amended Price Proposal for Vehicles c) Exhibit “C”: California Association for Coordinated Transportation/Morongo Basin Transit Authority Vehicle Purchasing Cooperative Bid and associated documents, incuding the MBTA Contract 18-01 CBS Agreement Regarding Purchase of Transit Vehicles, and any amendments thereto.

Notwithstanding the foregoing, any language in Exhibit "B-1”, and Exhibit “C”, which does not pertain to the project description, proposal, or scope of services to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement. In the event of any conflict among the provisions of the foregoing documents, the terms of this Agreement shall govern, then the terms of Exhibit “A”, Exhibit “B-1”, and then Exhibit “C”.

2. Scope of Services. Section 5 of the Agreement shall be deleted in its entirety and restated as follows.
2 Contractor shall manufacture and deliver equipment and associated components as set forth in Exhibit “B-1”, including the Vehicles. City will comply with the requirements provided in Exhibit “C”.

3. Inspection. Section 6 of the Agreement shall be deleted in its entirety and restated as follows.

If the services set forth in Exhibit "B-1” shall be performed on City’s property or other public property, the City shall have the right to inspect such work without notice. If such services are not performed on City’s property or other public property, the City shall have the right to inspect such work upon reasonable notice.

4. Payment. Section 8 of the Agreement shall be deleted in its entirety and restated as follows.

Contractor shall be compensated in an amount of $3,100,841.40 for the delivery of the Vehicles, based on the unit price of $620,168.22, pursuant to this Agreement as described in Contractor’s Amended Price Proposal for Vehicles described in Exhibit “B1”. In the event there are additional costs, including but not limited to, the City requesting improvements or upgrades in interior flooring, furnishings, material and accessories, or mechanical equipment related to the operation of the bus or digital signage, or a change in sales tax, then Contractor’s compensation will be increased by a not to exceed amount of $2,000 for a maximum total of $3,102,841.40. a) Vehicle Inspection and Payment Authorization. Upon the Contractor delivering the Vehicles, the City designated Project Manager and Operator will perform a final vehicle inspection. Upon City’s written approval of the Vehicles, the City will have accepted the Vehicles and authorized payment for the Vehicles. b) Payment Schedule. City will pay for the Vehicles, after its written approval of vehicle inspection, and upon its written acceptance of the Vehicles. c) Vehicle Costs. The per vehicle price, shall be $620,168.22 as provided in Exhibit “B-1”.

5. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern.
[SIGNATURES ON NEXT PAGE]
3 IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 18th day of April, 2023.

CITY OF REDONDO BEACH, CREATIVE BUS SALES, INC.,
a chartered municipal corporation a California corporation _____________________________ By: _____________________________ William C. Brand, Mayor Name: Tony Matijevich, President________

ATTEST: APPROVED:
_____________________________ _____________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
_____________________________
Michael W. Webb, City Attorney
4 EXHIBIT “B-1”
CONTRACTOR’S AMENDED PRICE PROPOSAL FOR VEHICLES
See attached Price Proposal.
14740 Ramona Avenue ▪ Chino, CA 91710
Phone: (909) 465-5528 ▪ Fax: (909) 465-5529 ▪ www.creativebussales.com November 13, 2021
Creative Bus Sales Proposal for
City of Redondo Beach
CalACT Class H Low Floor Bus
ElDorado National Passport EZ Rider BRT II 32’ Buses
21-Ambulatory Passengers + 2-Wheelchair Positions or 27-Ambulatory Passengers Pricing based off of CalACT / MBTA Vehicle Purchasing Cooperative • Piggyback Options: CalACT / MBTA Bid (Class H-CNG)
• Purchase Requires Membership to CalACT and Payment of Procurement Fee • Delivery Timeline: 12 to 14-Months from Receipt of Order • Passenger Seats: Citiseats with Level 4 Blue Vinyl Inserts – Docket 90 • Flooring: Altro-Storm
• Please see attached pages for exact specifications.

Additions to Base Specifications:
• (1) Pre-Wire for Mobile Tap Card Installation by Customer: No Charge • (1) 2nd Passenger Entry Door: Included
• (1) Ametek Rotron Brushless Marine Pump: $781.95
• (1) Undercoat Under Bus and Around Windows: Included
• (1) Decal Allowance: $4,691.70
• (1) Modine Radiator In Lieu Of EMP: Included
• (1) Hanover Front and Side Destination Sign: $1,563.90 • (1) Hanover Rear Destination Sign: $1,563.90
• (1) Hanover Interior Front Route Number Sign: Included • (1) Sportworks Bike Rack (Veloporter) / 3-Positions: $2,919.28 Revised 12/14/2022
14740 Ramona Avenue ▪ Chino, CA 91710
Phone: (909) 465-5528 ▪ Fax: (909) 465-5529 ▪ www.creativebussales.com • (1) Floor Mounted Directional Signals: $620.35
• (1) G3 Multiplex System: $1,895.00
• (1) Amerex Fire Suppression and Methane Detection System: Included • (1) Stop Request System: Included
• (1) 4 Outer Aluminum Wheels Plus Spare (Brush Finish): $6,255.60 • (1) BRT Front Appearance Package: Included
• (1) Interior LED Lighting: Included
• (1) HVAC Brushless Motor: $781.95
• (1) Graffiti Protection Film on Rear (4) Windows: $1,251.12 • (1) Electronic Hubodometer: $595.00
• (1) Diamond SV Farebox: $2,241.59
• (1) Driver’s Dash AC/Heat/Defrost: $2,085.20
• (1) 4th Tank for CNG Pod: $5,734.30
• (1) Install Storage Box on Front Wheelwell Behind Seats (C/S): $595.00 • (1) GMVSyncromatics Announcement System: $7,858.08*
• (1) REI Camera System 12 Cameras with Back Up Camera: $11,395.00 o Includes 2 Spare Hard Drives Per Order
• (1) Install Tower (low) and Luggage Rack Behind Driver’s Seat: $2,995.00 • Subtotal: $52,228.92
• Pricing:

Base Bus Price $450,403.20
Options $55,823.92
Doc Fee $85.00
Subtotal $506,312.12
Non Taxable ADA Equipment $35,000.00
Sales Tax 9.50% $44,633.01
CalACT Procurement Fee $7,594.68
DMV Filing Fee $30.00
DMV Registration Fee IF EXEMPT $0.00
Tire Fee $12.25
Total Cost Per Bus $558,582.06
Total Cost For 5-Buses $2,792,910.30
Following items/settings are included at no additional charge:
• Allison Brake Retarder Set Up at 1/3 Throttle and 2/3 Brakes • CNG Fuel Door Opening Will Shutdown Engine
• Manuals
• Same Exterior Mirrors to Most Recent Buses (BRT Style) • Training
• License Plate Mounts
$499,947.55
$61,964.55
$85.00
$561,997.10
$49,698.97
$8,429.96
$30.00
$12.25
$620,168.28
$3,100,841.10
$38,850.00
14740 Ramona Avenue ▪ Chino, CA 91710
Phone: (909) 465-5528 ▪ Fax: (909) 465-5529 ▪ www.creativebussales.com *GMVSyncromatics System Includes Following Items:
(System to be installed at ElDorado National)
Steve Chung
Cell 909.549.9398
[email protected]
COMM Tower

(Submit 1 per line item proposed)
Bus Vendor
Bus Manufacturer ElDorado National (California), Inc.

Bus Model Name/Number E-Z Rider II BRT / 32'
Altoona Test Life (years/miles) 12 years / 500,000 miles Production Location Riverside, CA
Warehouse/s and Service Locations Riverside, CA
Overall Length (including bumpers) 31' 10 1/2"
Overall Width (excluding mirrors) 120"
Overall Exterior Height 138"
Interior Height (center of aisle) Low-Floor Area - 95"
Raised-Floor Area - 79"
Doorway Opening
Ambulatory Front Door Width 32 inches / Height 79 inches Rear Door Width 34 inches / Height 79 inches
Wheelchair Front Door Width 32 inches / Height 79 inches Wheel base 168"
Floor thickness 3/4"
Construction Type/Materials:

Subframe Monocoque Space Frame-welded / carbon steel
Body frame Monocoque Space Frame-welded / carbon steel
Exterior panels Composite
Interior panels Melamine

TECHNICAL INFORMATION
A2 - CNG 32' EZ Rider II
Insulation Bagged
Overall wall thickness 2.255"
Chassis Manufacturer ElDorado National (California), Inc.

Certified Weight of Bus - Total TBD at time of shipment On Front Axle TBD at time of shipment
On Rear Axle TBD at time of shipment
Engine Manufacturer Cummins
Type CNG - In-lne 6 cylinder
Model L9N
Net S.A.E. Horsepower 280 hp
Net S.A.E. Torque 900 lb.ft.

Transmission Manufacturer Allison
Type Automatic
Model B400R
Speeds 5 forward / 1 reverse
Cooler Allison Heat Exchanger
Alternator Manufacturer EMP
Model Power 450
Output (amps) 450 Amps
Starter Motor Manufacturer Denso
Model Electric - 428000-0060
Air Compressor (if equipped) Manufacturer Wabco
Model System Saver
Capacity 30.4 cfm
Gross Vehicle Weight Rating (GVWR) 35,000 lbs.

Axle, Front Manufacturer Meritor
Type I-beam deep drop
Model MFS 12
Gross Axle Weight Rating (lbs) 12,000 lbs.

Axle, Rear Manufacturer Meritor
Type Single Reduction, Hypoid
Model RS-23
Gross Axle Weight Rating (lbs) 23,000 lbs.

Differential Ratio 5.38:1
Power Steering Pump Manufacturer Eaton
Model Series 26
Brakes - Manufacturer Meritor-Wabco w/ABS
Front - Type
Cast Plus drum with S-Cam automatic slack
adjusters
Diameter 15"
Rear - Type
Cast Plus drum with S-Cam automatic slack
adjusters
Diameter 16.5"
Radiator Manufacturer EMP
Type Electric Cooling Fan
Model MH4, 4-Fan
Total System Capacity (Excluding 20 gallons
auxiliary heating system) N/A
Radiator Fan Speed Control Type Thermal Management Control Surge Tank Capacity 4 gallons
Engine Thermostat Temperature Setting
Initial Opening - 185 degrees F
Fully Open - 195 degrees F
Overheat Alarm Temperature Setting 225 degrees F
Heating System Capacity 98,000 BTU/hr.

Heating Cores - Manufacturer Thermo King
Number of cores 2
Base Air Conditioning - Manufacturer Thermo King
Model
T14 Rear Mount with X430 Compressor and R407C
Refrigerant
Capacity (BTUs) Base - Air Conditioning 101,000 BTU/hr.

Capacity (BTU's) Base - Heating 98,000 BTU/hr.

Fuel Tank Capacity (gallons/GGE) CNG - 3 tank / 70 DGE
Tires - Manufacturer / Model Michelin / X INCITY Z
Size 275/70R22.5
Type Radial Ply
Load Range J/130 psi
Batteries:

Main - Manufacturer Harris Battery Company
Type, Size 8D (2) / EV8DA-A
Capacity (CCA at 0 degrees F) 1,380 CCA's per battery
Accessory - Manufacturer N/A
Type, Size N/A
Capacity (CCA at 0 degrees F) N/A
Seat Belts - Manufacturer Q-Straint or Sure-Lok
Type QRT 8100-A1 Deluxe or Sure-Lok Titan 800
with L Track
Passenger Seats - Manufacturer
United States Seating Company (formerly
Freedman/4ONE)
Type CitiSeat - cloth or vinyl
Minimum knee-to-hip space 26"
Driver's Seat - Manufacturer
United States Seating Co. (formerly USSC) or
Recaro
Model G2A or Ergo Metro
Interlock - Manufacturer ENC
Model Electric / Air Brake
Backup Alarm (db) Ecco Smart Alarm SA950 - 82-102 dBA
Roof Marker Lights - Manufacturer-Type Dialight LED
Interior Lighting - Type Pretoria LED

Number of Fixtures 8
Identification Lights - Manufacturer-Type Dialight LED
Proposed Delivery Schedule (# Days) 365 days
Altoona Test Date October, 2001
BTI Report # PTI-BT-R0107
Number of Class 1 Failures None
Number of Class 2 Failures None
Number of Class 3 Failures 21
Undercoating Brand Sikaguard FlexCoat
Entry Door Brand/Model # Wabtec, Inc. - Vapor Bus International / Pneumatic Power Mirrors/Brand/Model# - Roadside SafeFleet / M10C12A Power Mirrors/Brand/Model# - Curbside SafeFleet / M10C13A Clear Aisle Width 22"
First Step Height (bottom step tread to ground) 15"
Chassis Stretch? Y/N, Please Detail No
Flooring Adhesive Brand - Sub-Floor Manus-Bond 501A General Purpose Adhesive Flooring Adhesive Brand - Floor Covering Altro EcoFix 25 Pressure Sensitive Adhesive Base Flooring Proposed - Sub-Floor 3/4" ACQ treated marine grade plywood Base Flooring Proposed - Floor Covering Altro Transflor Meta Fire Suppression Fogmaker
Front Dampening Koni Shock Absorbers (2)
Rear Dampening Koni Shock Absorbers (2)
Wheelchair Ramp (Mfr/Model)
Wabtec, Inc. - Ricon / SSR 1:6 Self-Leveling; 1000
lbs. load capacity
Destination Signs Hanover Display Amber LED Front and Side PA System Make/Model
REI with gooseneck mic and 4 interior and 1
exterior speakers
www.eldorado-ca.com
HEAVY DUTY | ACCESSIBLE LEADER | INNOVATION

OUR VEHICLES CONNECT AND PROTECT
P EO P L E A R O U N D T H E WO R L D E V E RY DAY.
www.revgroup.com
www.revgroup.com

E-Z RIDER II
> Highest seated passenger and wheelchair capacity in the industry > BRT design with swept windshield for enhanced visibility and aesthetics > Non-corrosive, all composite exterior body with easily replaceable panels below the window line > 100% welded monocoque safety cage for unsurpassed strength and durability > Only heavy-duty low-floor bus offering FMVSS 208 certified 3-point passenger seat belts > Exceeds safety requirements with physical passage of FMVSS roof crush and side impact crash testing The ElDorado National E-Z Rider II continues to be the mid-size, heavy-duty low-floor bus gold standard! Designed and built in the USA, the E-Z Rider II offers unmatched floorplan options with ADA compliant wheelchair ramps at front, center or both doors for superior paratransit flexibility. With hundreds of options, the E-Z Rider II is custom built to meet your exacting needs.

Separate from ordinary.

STANDARD CHASSIS EQUIPMENT STANDARD BODY EQUIPMENT POPULAR OPTIONS •BRT front end appearance package
•100% welded steel monocoque safety cage
•Advanced corrosion protection - Interior
and exterior of cage
•I/O Controls G4 multiplex electrical system
•Seatbelt certified passenger seat track
•LED interior and exterior lighting
•Front or center door ADA compliant
wheelchair ramp
•Vapor Slide/Glide passenger doors
•One color full exterior body paint
•Passenger seating or electrical tower on
front wheelwell
•Full BRT package with hidden frame
passenger windows
•Heavy-duty diesel, CNG, LNG and diesel
hybrid powertrain options
•Driver’s dash mounted & roof or rear HVAC
•Assortment of passenger seating and
wheelchair securements
•Custom luggage and stroller/grocery racks
•GPS, AVL, APC, ITS & other electrical accessories
•Composite floor and welded seam floor
covering

SPECIFICATIONS
MODEL 30’ 32’ 35’
Maximum Passenger Capacity 31 33 41
Overall Length 367” 375” 427”
Overall Width 102” 102” 102”
Overall Height 126”
135” for CNG/Hybrid
126”
135” for CNG/Hybrid
126”
135” for CNG
Approach Angle 8.70 8.70 8.70
Breakover Angle 140 140 120
Departure Angle 8.70 8.70 8.70
Wheelbase 160” 168” 220”
GVWR 35,000# 35,000# 35,000#

POPULAR FLOOR PLANS
30’ Low Floor
20 + 2 Wheelchairs or 23 Passengers
30’ Low Floor
24 + 2 Wheelchairs or 30 Passengers
32’ Low Floor
19 + 3 Wheelchairs or 27 Passengers
32’ Low Floor
25 + 2 Wheelchairs or 33 Passengers
35’ Low Floor
22 + 2 Wheelchairs or 28 Passengers
35’ Low Floor
33 + 2 Wheelchairs or 41 Passengers
Due to ongoing engineering improvements, ENC reserves the right to make changes without notification.

Engine Cummins B6.7 Diesel
Transmission Allison B300R
Fuel Tank 80 Gallon
Brakes S-Cam Drum with ABS
Axles Arvin Meritor, drop I-beam
front & conventional rear
Suspension Full air ride
9670 GALENA STREET • RIVERSIDE, CA 92509
909-591-9557
03/18

E-Z RIDER II

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