A2399.SR.JD
CITY OF SIMI VALLEY
MEMORANDUM
Jul
y 31, 2023
TO: Cit
y Council
FR
OM: Department of Public Works
SUBJ
ECT: AWARD OF CONTRACT FOR THE PURC HASE OF FIVE (5)
REPLACEMENT VEHICLES, SPECIFICATION NO. SV 23-15
STAFF RECOMMENDATION
It
is recommended that the City Council award the attached contract to UAG Cerritos I, LLC in the not-to-exceed amount of $337,831.43 for the purchase of five (5) replacement vehicles pursuant to Specification No. SV 23-15.
BACKGROUND AND OVERVIEW
Due
to the age and high maintenance costs, f ive (5) vehicles in the Public Works fleet were approved for replacement during the FY2022-23 budget process. Vehicle #490 in Building Maintenance; Vehicle #529, #553, #557 in Street Maintenance; and Vehicle #563 in Public Works Inspection. Staff issued a proposal for bids in which only one bid was received. Staff recommends the City Council award a contract to UAG Cerritos I, LLC for the vehicle purchase.
FINDINGS AND ALTERNATIVES
On M
ay 4, 2023, a Notice Inviting Bids was mailed to twenty vendors, including four local vendors, and posted on the City’s website. Specification No SV 23- 15 listed five (5) vehicle specification requirements based on our vehicle replacement needs. On June 1, 2023, one bid was received from UAG Cerritos I, LLC, for all five (5) vehicles. The five vehicles being replaced are vehicle numbers: #490, #529, #553, #557, and #563 as follows:
1. Vehicle #490 is a 2004 Chevrolet 2500 and is to be replaced with a 2024 Chevy Silverado Regular Cab for $64,569.12.
2. Vehicle #529 is a 2008 Ford F350 4x2 Super Cab and is to be replaced with a 2024 Silverado 3500 Crew Cab DRW for $104,664.78, including the bid exception increase of $5,000 for Crew Cab DRW.
3. Vehicle #553 is a 2009 Ford F250 ¾ Ton and is to be replaced with a 2024 Chevy Silverado Regular Cab for $64,569.12.
4. Vehicle #557 is a 2009 Ford F250 ¾ Ton and is to be replaced with a 2024 Chevy Silverado Regular Cab for $64,569.12.
AGENDA ITEM NO.
Consent (10)
A2399.SR.JD
5. Vehicle #563 is a 2010 Ford Escape Hybrid and is to be replaced with a 2024 Chevy Colorado Crew for $39,459.29.
T
he total amount to replace the five vehicles is $ 337,831.43. All five vehicles were approved for replacement through the General Fund Vehicle Replacement Fund.
U
AG Cerritos I, LLC is requesting t hat the expected delivery date of not more than 150 days that was stated in the bid document change to 210 days. Staff understands that this increase in expected delivery time is due to continued vehicle supply shortages.
S
taff reviewed the bid received, and the bid from UAG Cerritos I, LLC complies with the specifications.
T
he following alternatives are available to the City Council:
1. A
ward the contract to UAG Cerritos I, LLC in the not-to-exceed amount of $337,831.43 for the purchase of five (5) replacement vehicles pursuant to Specification No. SV 23-15 with an expected delivery date of no longer than 210 days;
2. D
o not award the contract at this time and provide other direction to staff.
S
taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I m ove to a ward a contract to UAG Cerritos I, LLC in the not -to-exceed amount of $337,831.43 for the purchase of five (5) replacement vehicles per Specification No.
SV 23-15 with an expected delivery date of not more than 210 days.
SUMMARY
One May 4, 2023, the Public Works Department solicited bids for the purchase of five (5) replacement vehicles, Specific ation No. SV 23-1 5. On June 1, 2023, the City received one bid from UAG Cerritos I, LLC for all five (5) vehic les in the not-to-exceed amount of $337,831.43 with an expected delivery date of no longer than 210 days. ___
_________________________________
Ronald K. Fuchiwaki
Public Works Director
P
repared by: Dylan Gunning, Senior Management Analyst
INDEX Page
C
ontract ............................................................................................ 3 2 A2399.CON.JD
Specification No. 23-15
CONTRACT BETWEEN THE CITY OF SIMI VALLEY
AND UAG CERRITOS I, LLC FOR PURCHASE OF
FIVE (5) REPLACEMENT VEHICLES, SPECIFICATION
NO. SV 23-15
THIS CONTRACT is made and entered into in the City of Simi Valley on this 31st day of July 2023, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and UAG CERRITOS I, LLC , a Type C Limited Liability Corporation, hereinafter referred to as CONTRACTOR, each a “ Party” and collectively “Parties”.
RECITALS
WHEREAS, on May 4, 2023, CITY invited bids for the Purchase of Five (5) Vehicles per Specification No. 23-15; and
WHEREAS, pursuant to the bid invitation, CONTRACTOR submitted a bid which was accepted by CITY for the Purchase of Five (5) Vehicles.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties hereto agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Term. The term of this CONTRACT shall be from July 31, 2023 until completion of all of the CONTRACTOR’S obligations under this CONTRACT and its accompanying exhibits, but in any event no longer than 210 days or such later date as may be explicitly set forth by CITY in this CONTRACT or its accompanying exhibits.
3. Description of Vehicles. This CONTRACT is for the purchase of Five (5) Vehicles. CONTRACTOR agrees to supply the item(s) more specifically set forth in the “Bid Specifications” attached hereto and incorporated herein as Exhibit “A”.
4. Compensation and Payment
.
A. The CITY shall be obligated to pay CONTRACTOR based
upon the unit and/or lump sum prices bid by CONTRACTOR, multiplied by the actual CITY-authorized quantities received and accepted by CITY; such unit and/or lump sum prices as contained in the “Pricing Schedule” attached hereto and incorporated herein as Exhibit “B”.
B. Payments to the CONTRACTOR shall be made within 30
days after receipt of an original invoice from the CONTRACTOR and acceptance of the five (5) replacement vehicles by CITY.
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Specification No. 23-15
C. In no event shall the total amount paid for this CONTRACT exceed $337,831.43 (the “Not-To-Exceed Amount”), unless otherwise agreed to by the Parties in writing.
5. CONTRACTOR Representations and Obligations.
A. CONTRACTOR shall perform as required by this
CONTRACT. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONTRACTOR shall obey all Federal, Sta te, local, and special district laws, ordinances, and regulations.
C. CONTRACTOR shall indemnify, defend, and hold CITY
harmless from any claim that prevailing wages should have been paid pursuant to this CONTRACT, including federal prevailing wage requirements under the Davis-Bacon Act, if applicable and shall be liable for the payment of same and any penalties thereon.
D. CONTRACTOR shall abide by the CITY’S Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of thi s CONTRACT. CONTRACTOR shall maintain a valid Business Tax Certificate for the term of the CONTRACT.
6. Audit
.
A. At any time during normal business hours and as often as the CITY may deem necessary, CONTRACTOR shall make available to CITY for inspection its records pertaining to this CONTRACT. CONTRACTOR shall permit CITY to audit, examine and/or reproduce such records. CONTRACTOR will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR.
7. Hold Harmless and Indemnification
. CONTRACTOR shall
defend, indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONTRACTOR, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non- performance of this CONTRACT. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. The CITY shall be included as an Additional Insured in the automobile/ liability insurance policies and endorsements of the CONTRACTOR. The CONTRACTOR must select an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such 4 A2399.CON.JD
Specification No. 23-15
approval by the CITY will not be unreasonably withheld. This paragraph shall survive the termination of this CONTRACT.
8. Amendments. Any amendment, modification, or variation from the terms of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the Public Works Director and CONTRACTOR.
9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONTRACTOR shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
10. Termination. If, during the te rm of this CONTRACT, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to the CONTRACTOR a ten (10) day per iod of time thereafter in which to perform the work or cure the deficiency. If CONTRACTOR has not performed the work or cured said deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONTRACTOR. Thereafter, neither Party shall have any further duties, obligations, responsibilities, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In such event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. CITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the CONTRACT amount.
11. Complete CONTRACT. This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the Parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the Parties hereto.
12. Time of Performance. Time is of the essence in this CONTRACT.
13. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto; provided, however, that no Party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other Party, and any such assignment without said consent shall be void.
14. Authority to Execute Contract. Both CITY and CONTRACTOR do covenant that each individual executing this CONTRACT on behalf of each Party is a person duly authorized and empowered to execute contracts for such Party. 5 A2399.CON.JD
Specification No. 23-15
15. Jurisdiction and Venue . Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the Parties do not consent to arbitration. In the event of any dispute, each Party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
16. Non-Appropriation of Funds
. Payments due a nd payable to
CONTRACTOR for current goods and/or services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of goods and/or servi ces beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
17. Taxpayer Identification Number . CONTRACTOR shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
18. Permits and Licenses . CONTRACTOR, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
19. Waivers. The waiver by one Party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach.
20. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither Party to this CONTRACT shall refuse to accept such mail; the Parties to this CONTRACT shall promptly inform the other Party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each Party to this CONTRACT is as follows:
CITY Department of Public Works
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: John Willoughby
Maintenance Superintendent
(805) 583-6489
6 A2399.CON.JD
Specification No. 23-15
CONTRACTOR UAG Cerritos I, LLC
18605 Studebaker Road
Cerritos, CA 90703
Atten: Kyle Slavin
Fleet Account Manager
(202) 258-3044
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: UAG Cerritos I, LLC
By:
David L. Caceres, City Attorney
Print Name:
Approved as to Content: Title:
By:
Brian Paul Gabler, City Manager
Print Name:
Title:
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki
Department of Public Works Director
7 A2399.CON.JD
Specification No. 23-15
EXHIBIT “A”
BID SPECIFICATIONS
CONTRACT BETWEEN THE CITY OF SIMI VALLEY
AND UAG CERRITOS I, LLC FOR PURCHASE OF
FIVE (5) REPLACEMENT VEHICLES, SPECIFICATION
NO. SV 23-15
The City of Simi Valley Public Works Maintenance is requesting bids for the purchase of Five (5) vehicles replacement.
1.0 GENERAL REQUIREMENTS
1.1 All vehicles furnished shall be of the most recent year and model of a standard manufacturer.
1.2 All vehicles shall be subject to the inspection and approval of the Maintenance Superintendent.
1.3 All vehicles furnished shall be new and shall be factory standard in all respects not in conflict with the specific requirements below.
1.4 Where specifications for specific items are not included, the latest revisions of manufacturers' standards are satisfactory.
1.5 Warranty. Unless otherwise noted on the specification sheet below, the vehicle(s) furnished under these specifications shall carry a standard warranty, which will cover a minimum of thirty -six (36) months total parts and labor.
1.6 Delivery.
a. The vehicle(s) shall be delivered to the City of Simi Valley Public Works Maintenance within two hundred and t en ( 210) days after order by City.
b. The vehicle(s) shall be delivered to the Maintenance Superintendent at the Public Services Center, 500 West Los Angeles Avenue, Simi Valley, California 93065, Monday - Friday, 9:00 a.m. to 1:00 p.m., except holidays.
c. The City shall be notified in writing not less than seventy -two (72) hours prior to delivery of the proposed vehicle(s). All regular pre - delivery service and warranties shall be provided, including a full tank of fuel.
1.7 Descriptive Literature
. The bidder shall attach to the bid proposal, and it
shall be made a part thereof, regularly printed literature as published by the manufacturer, which sets out and describes in detail the proposed vehicle. 8 A2399.CON.JD
Specification No. 23-15
1.8 The Contractor shall submit (an) application(s) for exempt registration with the Department of Motor Vehicles prior to delivery to the City.
1.9 There shall be no dealer name or any form of dealer advertisement on any vehicle delivered to City.
1.10 Vehicles and accessories shall conform to the Federal Motor Vehicle Safety Standard provisions, the California Vehicle Code, Department of Transportation and, where applicable, the Safety Orders of the ANSI and OSHA.
2.0 EQUIVALENT PRODUCT
Bids will be accepted for consideration on any make or model that is equal or superior to the vehicle specified. Decisions of equivalency will be at the sole discretion of the City of Simi Valley. Bidder shall provide information as to any exceptions to each line item. If there are no exceptions, bidder shall mark each line item “as specified”. A blanket statement that equipment proposed will meet all requirements will not be sufficient to establish equivalence.
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Specification No. 23-15
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Specification No. 23-15
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15 A2399.CON.JD
Specification No. 23-15
EXHIBIT “B”
PRICING SCHEDULE
CONTRACT BETWEEN THE CITY OF SIMI VALLEY
AND UAG CERRITOS I, LLC FOR PURCHASE OF
FIVE (5) REPLACEMENT VEHICLES, SPECIFICATION
NO. SV 23-15
Vehicle Spec 1 Vehicle Spec 2 Vehicle Spec 3
Base Price (Cost Per Vehicle)
$60,196.15
$92,916.11
$36,783.72
State Tire Fee (Cost Per Vehicle)
8.75 %
12.25 %
8.75 %
Other (Provide Detail in Exceptions, page 15)
-
5,000.00
-
Subtotal (Cost Per Vehicle)
$60,204.90
$97,928.36
$36,792.47
Sales Tax @7.25% (Cost Per Vehicle)
$4,364.22
$6,736.42
$2,666.82
Total Cost (Cost Per Vehicle)
$64,569.12
$104,664.78
$39,459.29
Quantity 3 1 1
Total Cost X Quantity
$193,707.36
$104,664.78
$39,459.29
Grand Total Cost - All Vehicles
$337,831.43
16