CITY OF SIMI VALLEY
MEMORANDUM
Janu
ary 23, 2023
TO: Cit
y Council
Board of Directors, Ventura County Waterworks District No. 8 FR
OM: Department of Public Works
SUBJECT: REINSTATEMENT A ND FIRST AMENDMENT(S) TO CONTRACTS FOR THE PURCHASE OF ONE (1) 2022 INTERNATIONAL CHIPPER TRUCK, ONE (1) 2022 INTERNATIONAL TRUCK CHASSIS FOR THE
LANDSCAPE DIVISION, ONE (1) 2022 INTERNATIONAL DUMP TRUCK, AND (1) INTERNATIONAL TRUCK CHASSIS FOR THE WATERWORKS
DIVISION UTILIZING THE SOURCEWELL COOPERATIVE AGREEMENT
STAFF RECOMMENDATION
It is recommended that the City Council/Board of Directors approve the attached reinstatements and first amendments to the contracts with Gibbs International Truck Center (Gibbs) for the replacement of four (4) Public Works vehicles.
BACKGROUND AND OVERVIEW
On April 5 , 2021, the City Council awarded four (4) contracts to Gibbs for the purchase of Public Works replacement vehicles. One (1) International Chipper Truck, one (1) International Truck Chassis for the Landscape Division, o ne (1) International Dump Truck , and one (1) International Truck Chassis for the Waterworks Division. The four (4) replacement vehicle contracts utilized a Sourcewell Cooperative Agreement. However, similar to many vendors, Gibbs has experienced significant cost increases related to materials, freight, and new emissions regulations. Due to nationwide vehicle supply shortages, Gibbs was not able to provide the replacement vehicles within the original contract term, and the contracts have since expired . However , the parties desire to continue their contractual relationship and reinstate the original agreements so that t
he City/District may complete the anticipated vehicle purchases.
FINDINGS AND ALTERNATIVES
Sourcewell Contract No. 060920- NVS with Navistar Inc. (Navistar), is valid through August 1, 2024. Navistar does not sell directly to municipalities, and purchases are made through local distributor Gibbs, which is located in Oxnard, C alifornia, and is the contracted International Truck dealer for Ventura County under this contract.
A22123.SR.JD
AGENDA ITEM NO.
Consent (6)
A22123.SR.JD
The City’s Purchasing Ordinance 2- 9.201(e), authorizes using the cooperative purchasing method such as Sourc ewell, recognizing the efficiency in staff ti me and the very competitive pricing usually available. As trucks are becoming available to Gibbs, there have been significant cost increases. Navistar has since included the following increases on the four (4) International trucks (where applicable): commodities surcharge, freight/tire surcharge, Calif. Air Resource Board mandatory emissions warranty, air compressor surcharge, and steel surcharge.
As a result of t he contract amendments, the following summarizes the cost changes for each vehicle:
Contract No. 1 (page 24): Purchase of one 2022 International Chipper Truc k; Landscape vehicle No. 499 replacem ent. The original contract amount was $112,024.37. The price of this vehicle increased by $15,971.24, for a total not-to-exceed amount of $127,995.61.
Contract No. 2 (page 114): Purchase of one 2022 International Tr uck chassis with transfer of existing equipment; Landscape vehicle No. 486 replacement. The original contract amount was $118,043.05. The price inc reased by $6,881.80, for a total not-to-exceed amount of $124,924.85.
Contract No. 3 (page 204): Purchase of one 2022 International Dump Truck; Waterworks vehicle No. 452 replacement. The original contract amount was $116,419.83. The price increased by $15,134.69, for a total not-to-ex ceed amount of $131,554.52.
Contract No. 4 (page 294): Purchase of one 2022 International Truck chassis with transfer of existing equipment; Waterworks vehicle No. 512 replacement.
The original contract amount was $121,709.64. The price increased by $8,682.53 for a total not-to-ex ceed amount of $130,392.17.
The original four contrac ts totaled $468,196.89; these contracts are attached for the City Council’s reference. The total price increase for the four vehicles is $46,670.26 and the amended contracts total is $514,867.15. Both the Landscape and Waterworks Divisions have sufficient funding to c over the cost increases. Consequently , the not to exceed amounts of all four agreements need to be adjusted accordingly.
The following alternatives are available to the City Council/Board of Directors:
1. Approve the Reinstate ment and Amendment(s) to the contracts with Gibbs for the purchase of four (4) Public Works replacement vehicles increasing the contracts by $46,670.26, resulting for a total contract(s) amount of $514,867.15 for FY 2022-23;
2. Do not award the contract amendments and provide staff with further direction.
Staff recommends Alternative No. 1.
2 A22123.SR.JD
SUGGESTED CITY COUNCIL MOTION/BOARD MOTIONS
I m
ove to approve the reinstatement and first contract amendments to the contracts with Gibbs for the purchase of four (4) Public Works replacement vehicles increasing the contracts by $46,670.26, resulting in a total contracts amount of $514,867.15 for FY 2022- 23 SUMMARY
O
n April 5, 2021, the City Council awarded four (4) contracts to Gibbs for the purchase of Public Works replacement vehicles. Two (2) International Trucks for the Landscape Division and two (2) International Trucks for the Waterworks Division. The replacement vehicle contracts utilized a Sourcewell Cooperative Agreement. However, similar to many vendors, Gibbs have had significant cost increases related to materials, freight, and new emissions regulations. Due to nationwide vehicle supply shortages, Gibbs was not able to provide the replacement vehicles within the original contract term, and the contracts have since expired. Staff is requesting the City Council reinstate and approve the first contract amendments with Gibbs in the amount of $46,670.26. ___
_________________________________
Ronald K. Fuchiwaki
Public Works Director
P
repared by: Matt Mckenna, Senior Management Analyst
I
NDEX Page
Gibbs– First Contract Amendment (Landscape Vehicle #499) ............4 Gibbs– First Contract Amendment (Landscape Vehicle #486) ...........9 Gibbs– First Contract Amendment (Waterworks Vehicle #452) .......14 Gibbs– First Contract Amendment (Waterworks Vehicle #512) .......19 Attachment A – Original Contract (Landscape Vehicle #499) ..........24 Attachment B – Original Contract (Landscape Vehicle #486) ........114 Attachment C – Original Contract (Waterworks Vehicle #452) .......204 Attachment D – Original Contract (Waterworks Vehicle #512) .......294 3 A22123.CON1.JD
Vehicle #499
REINSTATEMENT AND FIRST AMENDMENT TO
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
GIBBS INT ERNATIONAL TRUCK CENTER FOR THE
PURCHASE OF O NE (1) 2022 INTERNATIONAL CHIPPER
TRUCK
THIS REINSTATEMENT AND FIRST AMENDMENT TO CONTRACT is
made and entered into in t he City of Simi Valley on this 23 rd day of January 2023 retroactively effective to July 1, 2022( the “Effective Date”), by and between the CITY OF SIMI VALLEY , a municipal corporation, hereinafter referred to as CITY , and GIBBS INTERNATIONAL TRUCK CENTER, a California corporation, hereinafter referred to as CONTRACTOR.
I. Recitals
A. CITY and CONTRACTOR entered into a written contract ("CONTRACT") executed by the parties on April 5, 2021
for the purchase of one (1) 2022 International Chipper
Truck, which is incorporated herein by reference.
B. The CONTRACT expired on June 30, 2022, before the CITY could purchase the desired International Chipper Truck. The parties now desire to reinstate said CONTRACT retroactively effective to July 1, 2022, extend its term for one year from July 1, 2022 through June 30, 2023, and increase the not to exceed amount of the CONTRACT as set forth below.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
II. Amendment
1. Reinstatement of CONTRACT.
The parties hereby reinstate the
CONTRACT, as amended hereby, and agree and confirm that the CONTRACT, as so amended, is and shall be in full force and effect and binding upon the parties and their respective successors and assigns in accordance with its terms
2. Section 1. Term
. is amended to read as follows:
“ The term of the CONTRACT shall be extended for one (1) year, retroactively effective from July 1, 2022 to the 30th day of June 2023.”
3. Section 3. Compensation and Payment
. Subsection C. is amended
to read as follows:
“C. In no event shall the total amount paid for this FIRST AMENDMENT TO CONTRACT exceed $15,971.24, for a total not to exceed amount of the CONTRACT of $127,995.61, unless otherwise agreed to by the parties in writing.”
4 A22123.CON1.JD
Vehicle #499
34 Exhibit “A” to the CONTRACT, (Truck Price Quote 1/26/21)is hereby amended to include Exhibit “A-1”, (Invoice Surcharge 5/26/22) as attached hereto and incorporated herein this FIRST AMENDMENT TO CONTRACT.
5. Mailing Address . The mailing address of each party to this CONTRACT AMENDMENT is as follows:
CITY City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Michael Sandoval,
Maintenance Superintendent (Landscape)
(805) 583-6450
CONTRACTOR Gibbs International Truck Center
2201 E. Ventura Blvd.
Oxnard, CA 93036
Attn: John Limoli, Salesperson
(805) 485-0551
6. Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A municipal Corporation
By:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: GIBBS INTERNATIONAL TRUCK CENTER
By:
David L. Caceres, City Attorney
Title:
Approved as to Content: Print Name:
By:
Brian Paul Gabler, City Manager
5 A22123.CON1.JD
Vehicle #499
Title:
Print Name:
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki,
Public Works Director
6 A22123.CON1.JD
Vehicle #499
EXHIBIT “A-1”
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND GIBBS INTERNATIONAL TRUCK CENTER FOR THE PURCHASE OF ONE (1) 2022 INTERNATIONAL CHIPPER TRUCK
“INVOICE NO. 500” an additional surcharge dated May 26, 2022
7 A22123.CON1.JD
Vehicle #499
8 A22123.CON2.JD
Vehcile #486
REINSTATEMENT AND FIRST AMENDMENT TO
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
GIBBS INT ERNATIONAL TRUCK CENTER FOR THE
PURCHASE OF ONE (1) 2022 INTERNATIONAL TRUCK
CHASSIS W ITH TRANSFER OF EXISTING AERIAL
EQUIPMENT
THIS REINSTATEMENT AND FIRST AMENDMENT TO CONTRACT is
made and entered into in the City of Simi Valley on this 23 rd day of January 2023,
retroactively effective to July 1, 2022 (the “Effective Date”) by and between the CITY OF SIMI VALLEY , a municipal corporation, hereinafter referred to as CITY, and GIBBS INTERNATIONAL TRUCK CENTER, a California corporation, hereinafter referred to as CONTRACTOR.
I. Recitals
A. CITY and CONTRACTOR entered into a written contract ("CONTRACT") executed by the parties on April 5, 2021
for the purchase of one (1) 2022 International Truck chassis with transfer of existing aerial equipment , which CONTRACT is incorporated herein by reference.
B. The CONTRACT expired on June 30, 2022 before the CITY could purchase the desired International Truck Chassis. The parties now desire to reinstate said CONTRACT retroactively effective to July 1, 2022, extend its term for one year from July 1, 2022 through June 30, 2023, and increase the not to exceed amount of the CONTRACT as set forth below.
NOW, THEREFORE, in c onsideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
II. Amendment
1. Reinstatement of CONTRACT.
The parties hereby reinstate the
CONTRACT, as amended hereby, and agree and confirm that the CONTRACT, as so amended, is and shall be in full force and effect and binding upon the parties and their respective successors and assigns in accordance with its terms.
2. Section 1. Term
. is amended to read as follows:
“ The term of the CONTRACT shall be extended for one (1) year retroactively effective from July 1, 2022 to the 30th day of June 2023.”
3. Section 3. Compensation and Payment
. Subsection C is amended
to read as follows:
“C. In no event shall the total amount paid for this FIRST AMENDMENT TO CONTRACT exceed $6,881.80, for a total not to exceed amount of the CONTRACT of $124,924.85, unless otherwise agreed to by the parties in writing.” 9 A22123.CON2.JD
Vehcile #486
4. Exhibit “A” to the CONTRACT (Truck Price Quote 1/26/2021) is hereby amended to include Exhibit “A-1” (Invoice Surcharge 5/26/22) as attached hereto and incorporated herein this FIRST AMENDMENT TO CONTRACT.
5. Mailing Address . The mailing address of each party to this CONTRACT AMENDMENT is as follows:
CITY City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Michael Sandoval,
Maintenance Superintendent (Landscape)
(805) 583-6450
CONTRACTOR Gibbs International Truck Center
2201 E. Ventura Blvd.
Oxnard, CA 93036
Attn: John Limoli, Salesperson
(805) 485-0551
6. Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A municipal Corporation
By:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: GIBBS INTERNATIONAL TRUCK CENTER
By:
David L. Caceres, City Attorney
Title:
Approved as to Content: Print Name:
By:
Brian Paul Gabler, City Manager
10 A22123.CON2.JD
Vehcile #486
Title:
Print Name:
Johanna Medrano
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki,
Public Works Director
11 A22123.CON2.JD
Vehcile #486
EXHIBIT “A-1”
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND GIBBS INTERNATIONAL TRUCK CENTER FOR THE PURCHASE OF ONE (1) 2022 INTERNATIONAL TRUCK
CHASSIS WITH TRANSFER OF EXISTING AERIAL EQUIPMENT
“INVOICE NO. 501” an additional surcharge dated May 26, 2022
12 A22123.CON2.JD
Vehcile #486
13 A22123.CON3.JD
Vehicle #452
REINSTATEMENT AND FIRST AMENDMENT TO
CONTRACT BETWEEN THE VENTURA COUNTY
WATERWORKS DISTRICT NO. 8 AND GIBBS
INTERNATIONAL TRUCK CENTER FOR THE PURCHASE
OF ONE (1) 2022 INTERNATIONAL DUMP TRUCK
THIS REINSTATEMENT AND FIRST AMENDMENT TO CONTRACT is
made and entered into in the City of Simi Valley on this 23 rd day of January 2023, retroactively effective to July 1, 2022 (the “Effective Date”) by and between the VENTURA COUNTY WATERWORKS DISTRICT NO. 8, a municipal corporation, hereinafter referred to as DISTRICT, and GIBBS INTERNATIONAL TRUCK CENTER, a California corporation, hereinafter referred to as CONTRACTOR.
I. Recitals
A. DISTRICT and CONTRACTOR entered into a written contract ( "CONTRACT") executed by the parties on April 5 , 2021 for the purchase of one (1) 2022 International Dump Truck, which CONTRACT is incorporated herein by reference.
B. The CONTRACT expired on June 30, 2022 before the DISTRICT could purchase the desired International Dump Truck. The parties now desire to reinstate said CONTRACT retroactively effective to July 1, 2022, extend its term for one year from July 1, 2022 through June 30, 2023, and increase the not to exceed amount of the CONTRACT as set forth below.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
II. Amendment
1. Reinstatement of CONTRACT.
The parties hereby reinstate the
CONTRACT, as amended hereby, and agree and confirm that the CONTRACT, as so amended, is and shall be in full force and effect and binding upon the parties and their respective successors and assigns in accordance with its terms.
2. Section 1. Term
. is amended to read as follows:
“The term of the CONTRACT shall be extended for one (1) year retroactively effective from July 1, 2022 to the 30th day of June 2023.”
3. Section 3. Compensation and Payment
. Subsection C is amended
to read as follows:
“C. In no event shall the t otal amount paid for this FIRST AMENDMENT TO CONTRACT exceed $15,134.69, for a total not to exceed amount of the CONTRACT of $131,554.52, unless otherwise agreed to by the parties in writing.”
14 A22123.CON3.JD
Vehicle #452
4. Exhibit “A” to the CONTRACT (Truck Price Quote 1/26/21) is hereby amended to include Exhibit “A-1” (Invoice Surcharge 5/26/22) as attached hereto and incorporated herein this FIRST AMENDMENT TO CONTRACT.
5. Mailing Address . The mailing address of each party to this CONTRACT AMENDMENT is as follows:
CITY/DISTRICT Ventura County Waterworks District No. 8
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Bryan Crable,
Water Distribution Supervisor
(805) 583-6076
CONTRACTOR Gibbs International Truck Center
2201 E. Ventura Blvd.
Oxnard, CA 93036
Attn: John Limoli, Salesperson
(805) 485-0551
6. Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: Ventura County Waterworks District No 8,
A Municipal Corporation
By:
Lucy Blanco, District Secretary Fred D. Thomas, Chair of the Ventura County Waterworks District No. 8
Approved as to Form: GIBBS INTERNATIONAL TRUCK CENTER
By:
David L. Caceres, District Counsel
Title:
Approved as to Content: Print Name:
By:
15 A22123.CON3.JD
Vehicle #452
Brian Paul Gabler, District Manager
Title:
Print Name:
Johanna Medrano
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki,
Public Works Director
16 A22123.CON3.JD
Vehicle #452
EXHIBIT “A-1”
CONTRACT BETWEEN THE VENTURA COUNTY WATERWORKS DISTRICT NO. 8 AND GIBBS INTERNATIONAL TRUCK CENTER FOR THE PURCHASE OF ONE (1) 2022
INTERNATIONAL DUMP TRUCK
“INVOICE NO. 502” an additional surcharge dated May 26, 2022 17 A22123.CON3.JD
Vehicle #452
18 A22123.CON4.JD
Vehicle #512
REINSTATEMENT AND FIRST AMENDMENT TO
CONTRACT BETWEEN THE VENTURA COUNTY
WATERWORKS DISTRICT NO. 8 AND GIBBS
INTERNATIONAL TRUCK CENTER FOR THE PURCHASE
OF ONE (1) 2022 INTERNATIONAL TRUCK CHASSIS WITH
TRANSFER OF EXISTING TRUCK BED AND EQUIPMENT
THIS REINSTATEMENT AND FIRST AMENDMENT TO CONTRACT is
made and entered into in the City of Simi Valley on this 23 rd day of January 2023, retroactively effective to July 1, 2022 (the “Effective Date”) by and between the VENTURA COUNTY WATERWORKS DISTRICT NO. 8, a municipal corporation, hereinafter referred to as DISTRICT, and GIBBS INTERNATIONALTRUCK CENTER, a California corporation, hereinafter referred to as CONTRACTOR.
I. Recitals
A. DISTRICT and CONTRACTOR entered into a written contract ( "CONTRACT") executed by the parties on April 5 , 2021 for the purchase of one (1) 2022 International Truck chassis with transfer of existing truck bed and equipment , which CONTRACT is incorporated herein by reference.
B. The CONTRACT expired on June 30, 2022 before the DISTRICT could purchase the desired International Truck chassis. T he parties now desire to reinstate said CONTRACT retroactively effective to July 1, 2022, extend its term for one year from July 1, 2022 through June 30, 2023, and increase the not to exceed amount of the CONTRACT as set forth below.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
II. Amendment
1. Reinstatement of CONTRACT.
The parties hereby reinstate the
CONTRACT, as amended hereby, and agree and confirm that the CONTRACT, as so amended, is and shall be in full force and effect and binding upon the parties and their respective successors and assigns in accordance with its terms.
2. Section 1. Term
. is amended to read as follows:
“ The term of the CONTRACT shall be extended for one (1) year retroactively effective from July 1, 2022 to the 30th day of June 2023.”
3. Section 3. Compensation and Payment
. Subsection C is amended
to read as follows:
“C. In no event shall the t otal amount paid for this FIRST AMENDMENT TO CONTRACT exceed $8,682.53, for a total not to exceed amount of the CONTRACT of $130,392.17, unless otherwise agreed to by the parties in writing.” 19 A22123.CON4.JD
Vehicle #512
4. Exhibit “A” to the CONTRACT (Truck Price Quote 1/23/21) is hereby amended to include Exhibit “A -1” (Invoice Surcharge 5/26/22) as attached hereto and incorporated herein this FIRST AMENDMENT TO CONTRACT.
5. Mailing Address
. The mailing address of each party to this
CONTRACT AMENDMENT is as follows:
CITY/DISTRICT Ventura County Waterworks District No. 8
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Bryan Crable,
Water Distribution Supervisor
(805) 583-6076
CONTRACTOR Gibbs International Truck Center
2201 E. Ventura Blvd.
Oxnard, CA 93036
Attn: John Limoli, Salesperson
(805) 485-0551
6. Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: Ventura County Waterworks District No 8,
A Municipal Corporation
By:
Lucy Blanco, District Secretary Fred D. Thomas , Chair of the Ventura County Waterworks District No. 8
Approved as to Form: GIBBS INTERNATIONAL TRUCK CENTER
By:
David L. Caceres, District Counsel
Title:
Approved as to Content: Print Name:
By:
20 A22123.CON4.JD
Vehicle #512
Brian Paul Gabler, District Manager
Title:
Print Name:
Johanna Medrano
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki,
Public Works Director
21 A22123.CON4.JD
Vehicle #512
EXHIBIT “A-1”
CONTRACT BETWEEN THE VENTURA COUNTY WATERWORKS DISTRICT NO. 8 AND GIBBS INTERNATIONAL TRUCK CENTER FOR THE PURCHASE OF ONE (1) 2022
INTERNATIONAL TRUCK CHASSIS WITH TRANSFER OF EXISTING TRUCK BED AND
EQUIPMENT
“INVOICE NO. 503” an additional surcharge dated May 26, 2022
22 A22123.CON4.JD
Vehicle #512
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