TRAN2452.SR.TH.v2
CITY OF SIMI VALLEY
MEMORANDUM
October 21, 2024
TO: City Council
FROM: Department of Public Works
SUBJECT: AUTHORIZE ISSUANCE OF A PURCHASE ORDER TO CREATIVE BUS SALES, INC. FOR THE PURCHASE OF FOUR (4) ELECTRIC
REPLACEMENT PARATRANSIT VEHICLES THROUGH CALIFORNIA
ASSOCIATION FOR COORDINATED TRANSPORTATION (CALACT) /
MORONGO BASIN AUTHORITY ( MBTA) COOPERATIVE CONTRACT
NO. 20-01 M1 (ZEB VAN), CP7500010, FAIN: CA-2022-077-00
STAFF RECOMMENDATION
Authorize the City Manager to execute and issue a purchase order for $487,452.75 to Creative Bus Sales , Inc. for the acquisition of four (4) Class Z -1 electric replacement paratransit vehicles through CALACT/MBTA Contract No. 20-01 (ZEB Van).
BACKGROUND AND OVERVIEW
In FY 2021-22, Simi Valley Transit (SVT) secured $2,444,542 of Federal Congestion Mitigation Air Quality (CMAQ) grant funds with a required local match of $316,716.
The total amount of $2,761,258 is to replace twelve (12) Compressed Natural Gas (CNG) paratransit vehicles. According to the Federal Transportation Administration (FTA) regulations, all twelve (12) paratransit vehicles have reached the end of their useful service life of seven (7) years and/or 200,000 miles and are eligible for replacement.
During FY 2024, an amendment was approved by FTA to purchase four (4) electric paratransit vehicles instead of four (4) CNG vehicles, making the total vehicle acquisition four (4) electric and eight (8) CNG vehicles. On August 14, 2023 , the City Council approved the original purchase of the eight (8) CNG paratransit vehicles. Simi Valley Transit (SVT) is still preparing the necessary infrastructure to support electric vehicles in line with the City’s Zero Emission Rollout Plan . The current delay in the delivery of CNG vehicles presents an opportunity to accelerate the integration of four (4) electric paratransit vehicles into the fleet. SVT is currently working on acquiring portable electric chargers to support and service electric vehicles instantaneously with minimal preparation time.
AGENDA ITEM NO.
Consent (6)
TRAN2452.SR.TH.v2
FINDINGS AND ALTERNATIVES
Staff recommends utilizing a cooperative purchasing contract through CALACT to purchase four (4) electric replacement paratransit vehicles. The City is a member of CALACT, a cooperative purchasing organization that provides competitively bid contracts that are compliant with federal and state procurement regulations. This cooperative allows the City to select vehicles that best meet its transit needs. SVT can purchase four (4) Class Z-1 electric replacement paratransit vehicles through CALACT/MBTA Contract No. 20-01 M1 (ZEB Van) that was awarded to Creative Bus Sales, Inc. o n November 22, 2023. The cooperative contract initial period of performance is for one year with optional four (4), one (1) year extensions. The cooperative contract is set to expire on November 22, 2024.
SVT carefully examined the available necessary features to improve the City’s Americans with Disabilities Act (ADA) / Dial-A-Ride (DAR) paratransit service and received Creative Bus Sales, Inc. Best and Final Offer (BAFO) for the four (4) Class Z-1 electric paratransit vehicles. The total cost is $487,452.75 ($121,863.19 per vehicle). The proposed delivery date will be within 30 days from the issuance of the purchase order. In addition, SVT received the Assignment to Purchase Agreement #20 -01-1093 from CALACT dated August 30, 2024, that can be exercised at any time on or before November 22, 2024.
Staff recommends that the City Council authorize the City Manager to execute and issue a purchase order to Creative Bus Sales, Inc . in the amount of $487,452.75 for the purchase of four (4) Class Z-1 electric paratransit vehicles. Sufficient funding is currently available in the Transit Capital Project account (CP7500010).
The following alternatives are available to the City Council:
1. A uthorize the City Manager to execute and issue a purchase order to Creative Bus Sales, Inc. for the purchase of four (4) Class Z -1 electric paratransit vehicles through CALACT/MBTA Contract No. 20-01 M1 (ZEB VAN);
2. Do not authorize issuance of a purchase order through CALACT/MBTA Contract No. 20-01 M1 (ZEB VAN) at this time and provide staff further direction.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to authorize the City Manager to execute and issue a purchase order to Creative Bus Sales, Inc. through CALACT/MBTA Contract No. 20-01 M1 (ZEB Van) in the amount of $487,452.75, for the purchase of four (4) Class Z-1 electric paratransit vehicles.
2 TRAN2452.SR.TH.v2
SUMMARY
SVT has combined federal and state funds available to fund replacement paratransit vehicles. All paratransit vehicles have reached their useful life according to FTA regulations. It is recommended that the City Council move to authorize the issuance of a purchase order to Creative Bus Sales, Inc. in the amount of $487,452.75 for the purchase of four (4) Class Z-1 electric paratransit vehicles.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Gian Maria Garcia, Management Analyst
INDEX Page
Attachment A - CALACT/MBTA Cooperative Contract No. 20-01 M1 (ZEB Van)……4 Attachment B - Assignment to Purchase Agreement #20-01-1093……………………9 Attachment C - Creative Bus Sales Quote ………………………………………...….. 12 3 MBTA CONTRACT # 20-01 M1 (ZEB VAN)
AGREEMENT REGARDING PURCHASE OF PARA TRANSIT VEHICLES.
For Mobility Trans/Forest River Z-1 E-Transit Vans
THIS AGREEMENT is made and entered into on November 22, 2023 between and among CREATIVE BUS SALES, INC., a California corporation, with its principal place of business located at 14740 Ramona Avenue, Chino, California 91710 ("SELLER"), and BASIN TRANSIT. SELLER and Basin Transit may be referred to herein individually as "Party" or collectively as "Parties."
RECITALS
WHEREAS, BASIN TRANSIT, by its Request for Proposals (RFP) #20-01 (ZEB VAN}, duly advertised for written proposals to be submitted for the purchase of Paratransit and Transit Vehicles ("VANS") on behalf itself and Consortium members ("Consortium") identified in the Participating Agencies List in the RFP collected by the California Association of Coordinated Transportation ("CalACT") for BASIN TRANSIT; and
WHEREAS, '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 proposal in response to BASIN TRANSIT's Notice Inviting Proposals; and
WHEREAS, after it was determined that SELLER was a successful responsive and responsible proposer; and
WHEREAS, SELLER's proposal in response to BASIN TRANSIT'S Notice Inviting Proposals is attached hereto as Exhibit "B," and is incorporated herein by reference as if set forth in full; and
WHEREAS, the BASIN TRANSIT Board of Directors has authorized staff via Resolution and board action to award contracts and accept SELLER'S proposal through agreement by and between SELLER and BASIN TRANSIT upon the terms and conditions set forth herein; and
WHEREAS, BASIN TRANSIT has fully complied with all federal, state, and local laws governing the public solicitation process for the purchase of the VANS;
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 BASIN TRANSIT hereby agree as
ATTACHMENT A
4 follows:
1. CONTRACT DOCUMENTS. This Agreement, along with all Exhibits referenced herein, and including without limitation, all documents 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 #20-01 and any addendums 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 of the Parties to this Agreement.
2. DESCRIPTION OF VANS PURCHASED. SELLER hereby agrees
that it shall sell the VANS manufactured by Mobility Trans/Forest River and proposed in the Z-1 category as more particularly described in RFP #20-01 (attached hereto as Exhibit "B") to all Consortium participants who desire to purchase such VANS from SELLER. VANS 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 VANS as more particularly described in RFP #20-01 (attached hereto as Exhibit "B") under the terms and conditions set forth in RFP #20-01.
4. DELIVERY. SELLER shall deliver F.O.B. per terms and conditions of BASIN TRANSIT RFP #20-01 Section SP 7.4, 11 and 12 and as proposed.
5. PAYMENT BY CONSORTIUM PARTICIPANTS. SELLER shall
collect payment from Consortium participants within thirty (30) days after the delivery and acceptance of the VANS by the participant, and a receipt of an invoice thereof, per RFP #20-01, Section SP 10.
6. NO ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or 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 nor the Purchasing Agencies 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. MODIFICATION. This Agreement may be modified only in writing approved by the BASIN TRANSIT and signed by all Parties. 5 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 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 BASIN TRANSIT 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 BASIN TRANSIT, 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 BASIN TRANSIT's sole active negligence or willful misconduct.
16. WARRANTY. The VANS 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 6 "B", and as submitted in response to RFP 20-01 by SELLER and incorporated herein by reference as if set forth in full. During said warranty periods, the VANS 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 VANS 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 VANS 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 at any other address designated by proper notice:
MBTA:
SELLER:
Joe Meer
Director of Purchasing
Basin Transit
62405 Verbena Road
Joshua Tree, CA 92252
Nick Corley
Transit Bid Manager
Creative Bus Sales, Inc.
14740 Ramona Avenue
Chino, CA 91710
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.
7 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
CREATIVE BUS SALES, INC.,
a cor oration
er
Basin Transit,
A Joint Powers Authorit
8 4632 Duckhorn Drive • Sacramento, CA 95834 • Phone (916) 920-8018 • Fax (916) 920-8021 8/30/2024
Gian Maria Garcia
2929 Tapo Canyon Road
Simi Valley, CA 93063
Dear Gian Maria :
The CALACT-MBTA Purchasing Cooperative is pleased to make an assignment as detailed in the Assignment to Purchase Agreement.
Additional information is available on the CALACT website at www.calact.org/purchasingco-op that documents the procurement process used by the Cooperative to solicit and award Contract No. 20-01. Prior to acceptance of the vehicles you order, a Post-Delivery Audit must be conducted by your agency if you are using Federal Transit Administration funding to purchase the vehicle.
Thank you for purchasing your vehicles through the Cooperative. Please don't hesitate to contact me if you have any questions at 916-920-8018 or email [email protected].
Sincerely,
Julia Marin
Program Specialist
CALACT
ATTACHMENT B
9 Assignment to Purchase Agreement
Assignment #20-01-1093
The CALACT-MBTA Purchasing Cooperative, “Assignor”, hereby assigns to Simi Valley, City of, “Assignee”, 4 options to purchase Transit Vehicles (“Vehicles”) from the Joint Procurement Cooperative at a price and under the terms and conditions contained in Assignor’s Contract No 20-01 with the Contractors awarded to on the Procurement. Only those vehicles and optional features may be purchased using the Solicitation and the purchase may only be from a Seller listed on the Schedule. Specifically, the Assignment shall have the right to purchase:
Quantity and Type of Vehicle(s):
(4) Mobility Trans Class Z-1-E Transit
Total # of Vehicles: 4
Such ability to purchase commenced, per terms of Contract, on 8/30/2024, and may be exercised at any time on or before 11/22/2024. Assignee must communicate any changes in the order in particular cancellation to the Cooperative as soon as possible.
With respect to the Vehicles assigned hereunder and this Assignment, Assignee agrees to perform all covenants, conditions and obligations required of Assignor under said Contract and agrees to defend, indemnify and hold Assignor harmless from any liability or obligation under said Contract. Assignee further agrees to hold Assignor harmless from any deficiency or defect in the legality or enforcement of the terms of said Contract or option to purchase thereunder. Assignee agrees and understands that Assignor is not acting as a broker or agent in this transaction and is not representing Seller or Assignee, but rather is acting as a principal in assigning its interest in the above-referenced assignment to purchase the Vehicles under the Contract to Assignee.
Please be advised that assignment of said vehicles does not constitute a recommendation or endorsement of this product by the Cooperative. The Assignee is responsible for its choice of vehicle product and options selected. Assignee is responsible for vehicle inspection, acceptance and enforcement of any contract provisions. While PreAward verifications of Buy America, FMVSS and Purchaser’s Requirements have been accomplished, Assignee is responsible for Post Award due diligence in this regard.
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 review the Altoona test report for the vehicle you are purchasing. 10 Supporting documents for your records may be downloaded from our website at www.calact.org for any reviews or audits your agency will be subject to. Please contact CALACT staff for any assistance you may need at 916-920-8018.
Assignee hereby unconditionally releases and covenants not to sue Assignor upon any claims, liabilities, damages, obligations or judgments whatsoever, in law or in equity, whether known or unknown, or claimed, which they or either of them have or claim to have or which they or either of them may have or claim to have in the future against Assignor, with respect to the Vehicles or any rights whatsoever assigned hereunder.
Julia Marin
Program Specialist
CALACT
"Assignor"
11 Vehicle Type: Delivery Date:
Contact: Type of Lift:
Agency: Seat Material Level:
Address: Seat Color:
City, State, Zip: Floor Color :
Phone: Salesperson:
E-Mail: Salesperson Email:
NOTE:
Quantity: Price Ext. Price ADA
1 $99,092.00 $99,092.00 $9,800.00
1 2 - Modular Track Floor System Std Std
1 27 - Delivery Zone 1 $800.00 $800.00
1 77 - Front passenger seat delete+ add equipment tower $1,800.00 $1,800.00 1 $9,500.00 $9,500.00 9,500.00
.
2 $747.00 $1,494.00
100 $5.00 $500.00 $500.00
.
NOTE: Class Z 1- Base Price $99,092.00
Published Options $12,100.00
Non-Published Options $1,994.00
Total $113,186.00 $19,800.00
. The Non-Taxable Amount is the ADA Equipment in the Base and Added as Options Doc Prep Fee $85.00 . The Taxable Amount Includes the Mobility Rebate of $1,000.00 For Ford Chassis Non-Taxable $19,800.00 . 1496 Taxable Amount $94,471.00
. Tax Total $6,849.15 7.250%
. Sub-Total $120,120.15
. CalACT Fee $1,697.79
. DMV E-File Fee: $33.00
. DMV Fee $0.00 (Estimated)
. 0 Tire Fee $12.25
. Local Delivery $0.00
Total $121,863.19
Number of Units 4
Final Total $487,452.75
661-309-0227
[email protected]
Class Z1 - Z-1 E-Transit (Basic) 109" Hiroof EL W3X 148" WB 6+copilot, driver and WC 84 - WC Lift installed behind curbside rear axle
PER THE PURCHASING COOPERATIVE, PRICING SUBJECT TO CHANGE DUE TO PPI (PRODUCER PRICE INDEX) ESCALATION AND/OR MANUFACTURER PRICE INCREASES. PLEASE CONTACT
YOUR SALES REPRESENTATIVE TO CONFIRM QUOTED PRICING IS STILL VALID PRIOR TO ISSUANCE Non-Published Options
Description
Purchasing of vehicles requires a CALACT membership, letter of assignment, and payment of procurement fee. If you have any questions, please contact CALACT direct at 916-920-8018
.
Additional Single Seat
Level 4
490 W LOS ANGELES AVENUE Black
SIMI VALLEY, CA 93065 Grey Altro Floor
Simi Valley
Ben Gonzales
CalACT MBTA RFP #20-01 - Class Z - Quote Sheet (Rev 2023) Date: 9/6/24 Class Z1 - Z-1 E-Transit Within 30 days of reciept of PO Jon Fink - 909-241-0424
L Track covering installed (except in WC area) - Per foot [email protected]
PER THE PURCHASING COOPERATIVE, PRICING SUBJECT TO CHANGE DUE TO PPI (PRODUCER PRICE INDEX) ESCALATION AND/OR MANUFACTURER PRICE INCREASES.
PLEASE CONTACT YOUR SALES REPRESENTATIVE TO CONFIRM QUOTED PRICING IS STILL VALID PRIOR TO ISSUANCE OF PURCHASE ORDER.
Braun
Side
Rear
Class Z1 1 OF 1 9/10/2024
ATTACHMENT C
12