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CC - PUBLIC HEARING AND FOUR FIFTHS VOTE REQUIREMENT (1) Adoption of Motion Making a Finding Pursuant to California Vehicle Code Section 35554(d)(1)(B) that the City's Transit Fleet Class Expansion is Necessary to Address a Need to Serve an Existing Market Pursuant to the City's Short-Range Transit Plan Approved on May 26, 2015; and (2) Approval of a Contract with New Flyer of America Inc., for the Purchase of 18 Advanced Design, Heavy-Duty, Low Floor Compressed Natural Gas (CNG) Powered Forty-Foot Transit Buses and Optional Equipment in an Amount Not-to-Exceed $11,171,500.
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Contact Person/Dept: Paul Condran/Transportation
Phone Number: (310) 253-6520
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: Yes [] No [X]
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (12/10/15) (USPS) Cities and Counties in Which the Proposed Busses Might Travel (12/08/15)
Department Approval: Art Ida, Director of Transportation (12/01/15)
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RECOMMENDATION
Staff recommends the City Council (1) adopt a motion making a finding, pursuant to California Vehicle Code Section 35554(d)(1)(B), that the City's transit fleet class expansion is necessary to address a need to serve an existing market pursuant to the City's Short-Range Transit Plan approved on May 26, 2015; ; (2) approve a budget amendment appropriating $11,171,500 as outlined in the Fiscal Impact section of this report; and (3) approve a contract for the purchase of 18 advanced design buses and optional equipment from New Flyer of America, Inc. in an amount not-to-exceed $11,171,500.
A Budget Amendment Requires a 4/5th Vote.
PROCEDURE:
1. The Mayor seeks a motion to receive and file the affidavit of mailing and posting of public notice.
2. The Mayor calls on staff for a staff report and City Council poses questions to staff as desired.
3. The Mayor seeks a motion to declare the public hearing open, providing the public an opportunity to speak.
4. Mayor seeks a motion to close the public hearing after all testimony has been presented.
5. The City Council discusses the matter and arrives at its decision.
BACKGROUND
Since 1975, State Law has mandated that the weight on any single axle of a transit bus may not exceed 20,500 pounds (SAWL). However, over the last thirty years, many federal, state, and local mandates have required the installation of additional equipment on transit buses, including safety equipment compliant with Americans with Disabilities Act (ADA) requirements and other mechanical equipment compliant with clean air rules and environmental requirements. Due to these mandates, public transit buses today often exceed the SAWL, especially when carrying a large number of passengers. According to the California Transit Association, as many as half of all buses in California operating at peak commute times exceed the SAWL.
In 2012, the State enacted legislation [Assembly Bill 1706 (Eng)] that amended the California Vehicle Code to provide a temporary solution to the SAWL issue. This amendment authorized the procurement of new transit buses after January 1, 2013 if such procurement was preceded by a public hearing and the "governing board" made a required finding. In 2014, additional legislation was enacted [Assembly Bill 1720 (Bloom)] that extended the sunset date of these provisions from January 1, 2015 until January 1, 2016.
The City's transit fleet is comprised of fifty-four CNG-powered buses, all of which were manufactured by New Flyer of America, Inc. (New Flyer). To accommodate increasing demand for transit services in Culver City and the greater Los Angeles area, staff recommends that the City Council approve a contract for the purchase of eighteen (18) new, advanced design CNG buses from New Flyer as replacements for buses that are reaching the end of their useful life. The rear axle weight of these replacement buses may exceed the SAWL.
As noted in Vehicle Code Section 35554, transit operators' "governing boards" (in this case, the City Council) are required to hold a public hearing to consider procurement pursuant to the above exception. Written notice has been provided to those cities and counties on whose roads these buses would travel and any comment or concern the City Council receives about the procurement is required to be placed in the public record.
DISCUSSION
The Transportation Department has an opportunity to purchase eighteen (18) new advanced design, compressed natural gas (CNG) buses using another transit agency's contract procurement. In planning for the purchase of the 18 buses, staff contacted Omnitrans (a public transit agency serving the San Bernardino Valley) and submitted a request to be included in their open and competitive procurement of new CNG powered, heavy-duty transit buses. Omnitrans awarded the contract to New Flyer of America, Inc. (as Omnitrans Contract #MNT15-103).
Exercising a "piggy-back" acquisition for transit vehicles is permissible within the procurement rules of the Federal Transportation Administration (FTA) providing that the original contract language stipulates an Assignability of Options, and the requesting agency enters into a separate contract with the awarding manufacturer.
This process is also consistent with Culver City Municipal Code Section 3.07.045.G, which provides that the formal competitive bidding process is not required for the purchase of equipment where competitive bid procedures have already been utilized by another public agency.
New Flyer of America, Inc. has fully complied with the requirements, technical specifications, and supportive documentation of the Omnitrans Request for Proposal, and all federal language and procurement documents have been reviewed by Transportation Department staff. As the Transportation Department already operates a fleet of New Flyer CNG powered buses, this purchase from the same manufacturer continues to support the City's fleet standardization efforts. Further, it will assist in reducing the operational cost of these vehicles as any replacement parts needed in the future would be similar amongst all transit busses.
FISCAL ANALYSIS
Sufficient grant funds to pay for the entire purchase have been attained from the following sources:
FTA 5307 Discretionary Funds (20370300.340910) $ 4,431,555
AQMD AB2766 Subvention Funds (41470620.342500) $ 110,000
Metro Call for Projects Award Funds (20370300.346685) $ 4,208,074
Prop 1B PTMISEA Capital Funds (20370300.346363) $ 950,000
Measure R Clean Fuel Capital Funds (20370300.313540) $ 137,015
Local Discretionary Funds (20370300.346595) $ 1,334,856
TOTAL $11,171,500
Funding is requested to be appropriated in Transit Accounts 20370300.732100 ($11,061,500) and 41470620.732100 ($110,000), along with the above referenced revenue accounts, for the acquisition of the buses. This project is identified in the Los Angeles Metropolitan Transportation Authority (Metro) 2015 Federal Transportation Improvement Program (FTIP) as project number LA0G433. No general fund monies will be used for this acquisition.
A Budget Amendment Requires a 4/5ths Vote.
ATTACHMENTS
None.
RECOMMENDED MOTIONS
That the City Council:
1. Adopt a motion making a finding that the acquisition of new transit buses which axle weight exceeds the SAWL is necessary to address a need to serve a new or existing market pursuant to the City's Short-Range Transit Plan; and,
2. Approve a budget amendment appropriating $11,171,500 to the Transportation Department's accounts as referenced in this staff report; and,
A Budget Amendment Requires a 4/5ths Vote.
3. Approve a contract with New Flyer of America, Incorporated for the acquisition of 18 new CNG powered forty-foot (40') low floor, heavy duty, advanced design transit buses and optional equipment in an amount not-to-exceed $11,171,500; and,
4. Authorize the City Attorney to review/prepare the necessary documents; and,
5. Authorize the City Manager to execute such documents on behalf of the City.