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HomeMy WebLinkAbout11/06/2001, C12 - SOLE SOURCE PROCUREMENT WITH COMPLETE COACH WORKS FOR THE PURCHASE AND INSTALLATION OF WHEELCHA councit j acEnaa nepoat C 12- C 2C I TY OF S AN L U IS 0 B 1 S P 0 FROM: Michael D. McCluskey,Public Works Director Prepared by: Austin O'Dell,Transit Manager SUBJECT: SOLE SOURCE PROCUREMENT WITH COMPLETE COACH WORKS FOR THE PURCHASE AND INSTALLATION OF WHEELCHAIR LIFTS ON SLO TRANSIT BUSES CAO RECOMMENDATION: Approve sole source procurement with Complete Coach Works to purchase and install wheelchair lifts on four.SLO Transit Orion Buses and authorize the CAO to execute the contract for an amount not to exceed $133,350. DISCUSSION Background Four city transit coaches have obsolete and unreliable wheelchair lifts. The wheelchair lifts frequently malfunction and cause inconvenient service interruptions to passengers with disabilities who rely on the buses for their only means of transportation. When a wheelchair lift fails and accommodation is not available from either Runabout or from the road supervisor, the passenger with disabilities is left waiting at the bus stop for the next accessible bus or when accommodation can be made. Each bus is inspected daily before going into revenue service. As part of this inspection, the wheelchair lifts are cycled to insure their safe operation in the event a person with disabilities should require the wheelchair lift during the day. Even though the wheelchair lifts may pass this inspection, the wheelchair lifts on the older transit coaches often fail to operate or malfunction during revenue service. Unfortunately, these wheelchair lifts cannot be repaired since the manufacturer is no longer in business. These wheelchair lifts are now a liability to the City, The Americans with Disabilities Act requires that all public transit vehicles be equipped with operating lifts or other devices to allow access for wheelchair dependant riders. To avoid lawsuits as result of a passenger being denied access on the bus and to provide good service, the City must replace the wheelchair lifts. Aware of this problem, staff actively pursued and secured a State Transportation Improvement Program (STIP) grant for the wheelchair lift removal and retrofit. We have also been successful in getting approval to use State Transit Cash as a substitute source for the STIP dollars. This funding source will allow immediate use of state funds and not require waiting for completion of C,1a - I J Council Agenda Report—SLO Transit Sole Source Procurement-Wheelchair Lifts Page 2 the Federal Transit Administration (FTA) process. A requirement of this funding source is that the City completes the project by February 2002. Given the City's normal competitive bid process, it would be difficult to meet the February deadline. Justification for a Sole Source Procurement The City's Purchasing Manual states that sole source procurements are permissible if a single- source supplier is the only acceptable vendor able to furnish a certain item or service. This particular procurement is unique since there is a "lack of responsible competition for the commodity or service which is vital to the operation and best interest in the City". In researching this issue, the Transit Manager has'determined that Complete Coach Works (CCW) is the only qualified company equipped to expedite the scope of this project. Other companies might be able to perform the work, but because they do not specialize in transit coach retrofits, they would not be able to ensure performance. In addition, the City's Financial Management Manual allows for a sole source determination if an emergency condition exists. An assessment of Federal Transit Administration (FTA) guidelines (Attachment 2) indicates that the City may execute a sole source procurement in this instance due to the emergency need to provide accessible vehicles and to avoid a civil rights lawsuit. While it may not be appropriate to deem this situation an emergency under the City's state of emergency process, to ensure the delivery and installation of the equipment in a timeframe that meets the State requirements for funding, the situation does suggest that a non- typical procurement be used. Project Funding This project is included in the approved 2000 Figure 1:Project Budget State Transportation Improvement Program (STIP). The project is being funded with 1998 STIP 1998 State Cash 88.5% $118,015 STIP State Cash and the City's Transportation TDA LTF at 11.5% 15,335 Development Act (TDA) funds. Figure 1 illustrates the funding sources for this project and Total $133,350 total project cost. The City was presented with the unique opportunity to utilize state cash from the 1998 STIP and capitalized on this opportunity by signing the Master between the City and Caltrans on June 5, 2001. By utilizing state cash, the City avoids the lengthy grant process from the FTA, which would require the use of the FTA Section 5307 program—a program that can be very lengthy. The only caveat to utilizing the 1998 STIP state cash is that the City must spend the funds by February 2, 2002. Council Agenda Report—SLO Transit Sole Source Procurement-Wheelchair Lifts Page 3 The schedule for this project is illustrated in the below table: Table I Task Date Council Approval November_o, 2001 Issue PO November 7, 2001 Pre-Production Meeting November 27, 2002 Production Period December 3-31, 2001 Acceptance Period Jams 2-11, 2002 Acceptance January 15, 2002 Project Sign off January 15,2002 FISCAL ANALYSIS This project was approved in the FY 2001-03 Financial Plan. (See pages E-35 of the Financial Plan and page 287 of Appendix B). STIP State Cash will fund this project up to $118,015. The remaining amount of$15,335 will be funded.from the City's annual Transportation Development Act. This project has no impact to the general fund. CONCURRENCES On June 5, 2001, City Council approved the Master Agreement between the City and Caltrans and the supplemental agreement pertaining to the purchase and installation of the wheelchair lifts using 1998 STIP State Cash. In addition, the agreement authorizes the Director of Public Works to execute documents regarding this STIP grant. ALTERNATIVES The Council may decide to deny the waiver of competitive purchasing and sole source procurement for the purchase and installation of the wheelchair lifts and instead require a competitive bid process. The consequence of this alternative would be that the project could not be completed by the February 2, 2002 deadline and the City would lose the available state funding for this project. Also, the City would continue to be vulnerable to civil rights lawsuits until the equipment is replaced. ATTACHMENTS 1. Resolution 2. Sole Source Analysis 1:\Council Agenda Reports\CAR Sole Source STIP WC.doc ;1--3 ATTACHMENT 1 RESOLUTION NO. (2001 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE SOLE SOURCE PROCUEMENT TO COMPLETE COACHWORKS TO PURCHASE AND INSTALL WHEELCHAIR LIFTS ON CITY BUSES WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates SLO Transit; WHEREAS, the City is required to provide and maintain accessible public transit .coaches pursuant to the Americans with Disabilities Act (CFR 49 Part 37); WHEREAS, the City has identified four transit coaches with unreliable and obsolete wheelchair lifts and the need to purchase and install new wheelchair lifts on these transit coaches; WHEREAS, the City has secured funding from the 2000 State Transportation Improvement Program for the purchase and installation of wheelchair lifts on four city transit coaches; WHEREAS, the City can procure and install the new wheelchair lifts in accordance to the sole source guidelines from the Federal Transit Administration; and, WHEREAS, Complete Coach Works is a qualified and reputable company in the State of California that rehabilitates transit coaches and can complete this project. NOW THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo: SECTION 1. Approve sole source procurement with Complete Coach Works to purchase and install wheelchair lifts on four SLO Transit Orion Buses. SECTION 2. Authorize the Public Works Director or his designee to negotiate a contract with Complete Coach Works for the purchase and installation of wheelchairs on four SLO Transit Orion Buses for the amount not to exceed $133,350. SECTION 3. Authorize the CAO to execute a contract with Complete Coach Works for the purchase and installation of wheelchairs on four SLO Transit Orion Buses for the amount not to exceed $133,350. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: C la-� J ATTACHMENT 1 The foregoing resolution was passed and adopted this day of , 2001. Allen Settle, Mayor ATTEST: City Clerk ;it (ttoey ATTACHMENT 2 SOLE SOURCE ANALYSIS FOR PURCHASE AND INSTALLATION OF WHEELCHAIR LIFTS IN CITY TRANSIT COACHES Project. Purchase of five wheelchair lifts. This project includes the installation of four wheelchair lifts on Orion transit coaches by Complete Coach Works. The remaining wheelchair lift will be a spare unit. Preparation Date. October 9, 2001 Description of Features. The City has four city transit coaches with unreliable wheelchair lifts. These coaches represent the oldest vehicles in the fleet and are equipped with wheelchair lifts that are obsolete and unreliable. Because these wheelchair lifts are unreliable and parts are no longer available, the City is not in compliance with the Americans with Disabilities Act (ADA) to provide accessible vehicles. In addition, the City depends on these vehicles to maintain its peak vehicle requirement. With the completion of this, the City will be again in full compliance with the ADA. Cost and Funding. The total project is $133,350 and is included in the approved 2000 State Transportation Improvement Program and Transportation Development Act (TDA) 4.0. The project will be funded with 1998 STIP State Cash to expedite the project. In addition, this project is included in the City Financial Plan and Capital Improvement Program. Reference. FTA Circular 4220.11) Justification. There is a current urgency to acquire the equipment as any delay will subject the City to legal actions from the community with disabilities and any delay will not permit a competitive solicitation because of the funding source requirements. A normal competitive bid process would endanger the funding source as well as increase the City's exposure to civil lawsuit. Cost Analysis. Complete Coach Works provided a quotation for purchase and installation and has guaranteed the quotation. Complete Coach Works is equipped with the necessary resources and experience to perform the work at the least cost to the City. If the City should solicit proposals, the City would incur additional costs and risk of loosing its funding. c �a; )