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Item 1.7 - Authorization to Purchase 3 Truck Cab/Chassis & 2 Safety Services Replacement VehiclesOF 0 r ye �' ry THE c�`~R City of Poway COUNCIL AGENDA REPORT DATE: TO: FROM: INITIATED BY: September 16, 2014 APPROVED APPROVED AS AMENDED (SEE MINUTES) DENIED REMOVED CONTINUED RESOLUTION NO. Honorable Mayor and Members of the City Council Daniel Singer, City Manager Leah Browder, Director of Public Works Michael Obermiller, P.E., Assistant Director of P blic Works Pat Ryan, Public Works Operations Manager W SUBJECT: Request for Authorization to Purchase Three Truck Cab /Chassis and Two Safety Services Replacement Vehicles through the State of California's CMAS Purchase Program, and Authorization to Use Informal Competitive Bidding for Construction /Installation of Truck Bodies Summary: The City's Fiscal Year 2014/2015 Capital Replacement Equipment budget includes funding to purchase three replacement trucks for Public Works and two specialized vehicles for Safety Services. For maximum efficiency and optimal pricing, these vehicles are recommended for purchase through the State of California's Multiple Awards Schedule (CMAS) procurement process. Additionally, it is proposed that the construction /installation of truck bodies for the three replacement truck cab /chassis be added to the informal competitive bidding process currently in process for previously purchased cabs /chassis, as authorized by City Council on April 15, 2014. Recommended Action: It is recommended that the City Council authorize the purchase of three truck cab /chassis and two replacement vehicles for Safety Services through the State of California's CMAS Purchase Program at a total estimated cost of $136,936.00, and authorize the additional construction /installation of truck bodies using the in- process informal bidding process, and authorize the City Manager to process the necessary contracts. Background: Public Works is scheduled to replace three heavy duty trucks for Facilities, Streets Maintenance and Utilities Divisions. Two of the trucks being replaced are over 13 years old, exceeding the projected replacement life by three years. All three trucks have accrued high mileage and have reached a point where maintenance and repair costs are outpacing value. Additionally, Safety Services has requested replacement of two specialized pursuit.vehicles that are not typically available to the general public. 1 of 10 September 16, 2014 Item # /.7 a E■ Authorization to Purchase Three Truck Cab /Chassis and Two Vehicles September 16, 2014 Page 2 The CMAS Program was made available to local governments in October 1993 with the passage of Assembly Bill 1727. The program provides a streamlined and effective procurement option by establishing agreements with manufacturers and suppliers currently on an existing multiple award schedule with the Federal General Services Administration after participating in a competitive procurement procedure. Staff has reviewed the unit costs for these trucks and chassis and replacement vehicles for Safety Services currently offered through CMAS and found them to be advantageous to the City. The type of trucks and vehicles recommended for this purchase are not generally found on local lots that sell to the public. It does not appear that going out to bid on our own would provide better options for the City. The City has previously used the CMAS Program with good results, finding a lack of bidder response through the formal bidding process, in spite of comprehensive outreach, for these types of heavy duty trucks. At the City Council meeting held on April 15, 2014, City Council approved an open market process to construct six truck bodies. This was due in part to the lack of response to the last two formal bids for this service, with each bid process yielding only one bid for the work. Utilizing the informal bidding approach will afford the City the opportunity to receive competitive bids on the construction /installation of the custom truck beds. Later this year, the City will be issuing request for bids in order to purchase several additional vehicles including a van, SUV and several pick -ups. This opportunity will allow vendors, including local automobile dealers, to submit a competitive bid for one or more of the vehicles. Findings: The trucks and vehicles are available through the CMAS statewide contract 1- 14 -23 -20 and 1- 14- 23 -10B. The following table contains additional information on the pricing. City Vehicle Unit # Description of Truck Cab /Chassis and Vehicles to be Purchased Contract Price ( *includes tax) 30 2015 Ford - Line 25 State Contract 1- 14 -23 -20 E $26,898.00 90 2015 Ford - Line 25 State Contract 1- 14 -23 -20 E $26,898.00 31 2015 Ford - Line 25 State Contract 1- 14 -23 -20 E $26,898.00 900 2015 Dodge - Line 31 State Contract 1- 14- 23 -10B "$28,121.00 902 2015 Dodge - Line 31 State Contract 1- 14- 23 -10B *$28,121.00 Total Cost $136,936.00 Fiscal Impact: Sufficient funds for the purchase of the replacement vehicles and construction/ installation the trucks beds as described in this report are appropriated with the FY 2014/15 budget (0108- 6104). 2 of 10 September 16, 2014 Item # 1. Z Authorization to Purchase Three Truck Cab /Chassis and Two Vehicles September 16, 2014 Page 3 Environmental Review: This action is not subject to CEQA review. Public Notification: A copy of this report was sent to Elk Grove Dodge Chrysler Jeep. Attachments: A. Vehicle Quotation, Elk Grove Dodge Chrysler Jeep and CMAS Pricing B. City of Poway Form of Contract Sale and Purchase of Goods and Materials 3 of 10 September 16, 2014 Item # %.% D Elk Grove Dodge Chrysler Jeep E 8575 Laguna Grove Drive A Elk Grove, Ca. 95757 L CONTACT: DWANE GALATTI E T:916- 429-4702 R F: 916- 421 -0149 1� a City of Poway U Attn: Tony Bowers T 858 -668 -4745 E State of Cat Contract 1- 14- 23 -10B F o Line 31 F.O.B. Los Angeles R ITEM QYT MODEL CODE DESCRIPTION UNIT EXTENDED 1 2 LDDM48 2014 Dodge Charger SE $22,238.00 $44,476.00 2 2 LDDE48 Upgrade to 2104 Dodge Charger Police $546.70 $1,093.40 3 2 EZH 5.71- V8 Herni Engine $2,183.50 $4,367.00 4 2 AJJ Connectivity Group $485.10 $970.20 5 2 AEB Street Appearance Group $367.40 $734.80 6 2 Spare Full Size Spare N/C N/C F-1, Subtotal $25,820.70 $51,641.40 Sales Tax Q 8.0% $2,065.65 $4,131.31 Tire Fee $8.75 $17.50 Delivery to Poway $225.00 $450.00 Total Delivered to Poway $28,120.10 $56,240.21 Elk Grove Fleet 8575 Laguna Grove Drive Elk Grove California 95757 DWANEFLEET@HOT8IAILCOM 4 of 10 ATTACHMENT A September 16, 2014 Item # /- 7 a [! Ij m O g 0 LA C 21. LA S (D a 4 a a d v 00 r- m M {P ti m Q fi A y1 ¢3 3 J � h Ul rfi yQ O O [�J y v r Nan 4 E # w $ � 6 !p � •n ^� 5 W f d �$m m� 3rn !n 1➢ n 4 4 a rn it N 0 3 rt � m Im 00 m f aim o m C z 6 I� ri cr �ro m b. Q c o I Q. m m m s � m � 8 � � 6 Qom 3 a 9 � m m m � n m P a m n c a a 0 @ .F 3 i � t � 0 O 1 t 0 3� �l w EL m = -� ?�7 >fi K T 4 3 G7 F I h 1:5 In Do -.� .60 0— m -4 U Lin M C7 o © w W fv P m p - 3 3 � CL 47 ¢ d p es O Q C-) r 3 Y m rn a_ m -q " a 2 I, % m ct of Cry `� N p O y O _ 4 rn' G B N !1 r,? 6 a m d M N to c Q V n n a 3 _ p 7 t p m � C b 9 m m � y a 0 n m a d5 ; 6 m p� 9 � gy Ch . p m c m 9 0 da m a n_ a c f J GI R m 9� m � m m m a ?. ty I v v. rn s [� w O a � e ° U V R i � 4 n 0. ro � iP U M a 7' N.) " rj O d � C Y rD n� 7 m � ru m ,� �3 a LI -n 3 4D Li SJ < =r T m 1 � � M tRi 0 0 X n Yet to z 5 of 10 September 16, 2014 Item # 1, 7 Cam*] `k d XTOM - FORM OF CONTRACT - SALE AND PURCHASE OF GOODS AND MATERIAI This Contract, entered into this day of , 2014, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City "), and a California [corporation, limited liability company, general partnership, sole proprietorship, dba], (the "Seller"). Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the location identified in Section. 4, below, and in the Bid Sheet, attached hereto as Exhibit "1 "and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in the Bid Schedule. 2. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule. 3. Payment. The City shall make payment within 30 days of receipt of invoice. Payment shall be considered as having been made .upon the date such payment is deposited in the U.S. Mail, first -class postage pre -paid and addressed to Seller. Payment terms for this contract include a $500 per vehicle discount for payment made within twenty (20) days. For this bid, cash discount time will be defined as beginning only after the vehicle has been inspected, delivered and accepted by the receiving agency, or from the date a correct invoice is received in the office specified on the Purchase Order, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, one (1) working day after the date on the warrant or check. Normally, acceptance will be accomplished within twenty (20) normal business days after a vehicle is delivered. 4. Delivery. Delivery shall be to Tony Bowers, City of Poway, 14415 Lake Poway Rd, Poway, CA 92064, within 120 days ARO (after receipt of order). 5. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in 6 of 10 ATTACHMENT B September 16, 2014 Item # /. 7 writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 6. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4, above, with all delivery charges and claims for en route damage the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extent of damage. Concealed damage must be reported to the carrier within 15 days of delivery. 7. Assignment and Delegation; Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without-express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this bid proposal shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 8. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and save harmless, the City, and its elected and appointed officers, agents and employees (the "Indemnitees ") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the City's use of the product and installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. If any action or proceeding is brought against Indemnitees by .reason of any of the matters against which Applicant has agreed to indemnify Indemnitees as provided above, Applicant, upon notice from City, shall defend Indemnitees at Applicant's expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Applicant under Section 2, item 14 shall ensure Applicant's obligations under this section, but the limits of such insurance shall not limit the liability of Applicant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. 7 of 10 September 16, 2014 Item # , 7 The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions. - - - The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 9. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non -owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City. The failure of bidder to provide City with insurance meeting all requirements of this Contract within 10 calendar days, excluding Sundays and Holidays, after the Award of Bid shall constitute a material breach of the Contract, entitling City to terminate the Contract. All bonds and all insurance shall meet the following standards. The issuing company: a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation (See City Council Resolution 90 -082). 10. Integration. The terms of this Contract are intended by the parties to be the final expression of our agreement with respect to such terms and also as a complete and exclusive statement of such terms. Any documents prepared and issued by City in preparation for 8 of 10 September 16, 2014 Item # /.'/ and preliminary to the award and execution of a Purchase Order are expressly made a part of this Bid. However, in the event of any conflict between the written expressions of such prior documents and the written- - expressions of this - document -,- the terms and interpretations given to the provisions of this writing shall prevail. No agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. 11. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from. San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. 12. Dispute Resolution. In the event of a dispute between City and Seller concerning the terms of this Agreement or its performance, the parties agree to initially submit such dispute to voluntary mediation before a mutually acceptable mediator prior to arbitration or litigation. In the event of arbitration, each party shall bear its own attorneys' fees and costs incurred. Any action to enforce or interpret the terms of conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division. Seller hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. 13. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 14. Entire Agreement. This Agreement, all written parts of the bid and any and all addendum, shall constitute the entire understanding between Seller and City relating to the terms and conditions of the services to be performed by seller. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. [Remainder of Page Left Blank Intentionally] 9 of 10 September 16, 2014 Item # 1.7 IN WITNESS WHEREOF, the parties hereto have caused this order to be executed by their respective authorized representatives. SELLER: BY: Signature of Seller's Authorized Representative PRINT NAME: CITY OF POWAY: L'1 Date: ATTEST: Daniel Singer, City Manager By: Sheila R. Cobain, CIVIC, City Clerk Date: Approved as to content: By: Leah Browder, Director of Public Works Date: Approved as to form: By: Morgan L. Foley, City Attorney Date: 10 of 10 September 16, 2014 Item # f .