AC TRANSIT DISTRICT Board of Directors Executive Summary
GM Memo No. 08-081 Meeting Date: May 14, 2008
Committees: Planning Committee External Affairs Committee Rider Complaint Committee Board of Directors
Finance and Audit Committee Operations Committee Paratransit Committee Financing Corporation
SUBJECT: Adopt Resolution No. 08-021 Authorizing the Purchase of Low Entry Suburban Style Commuter Buses RECOMMENDED ACTION: Information Only
Briefing Item
Recommended Motion
Adopt Resolution No. 08-021 Fiscal Impact: Funded by FY 07-08 and FY 08-09 State Infrastructure Bond (PTMISEA) Revenue Background/Discussion: Planning staff has identified a need for buses that have faster boarding and alighting for all passengers with emphasis on disabled and mobility impaired passengers. These buses should also incorporate the comfort and capacity virtues of our present commuter style buses. The low entry suburban style commuter bus will meet these requirements and partially meet the need for additional buses for Transbay service. To fully implement the Fleet Composition Plan, dependent on Prop 1B State allocations for FY 08-09, the District intends to purchase up to thirty (30) suburban buses and include an option to purchase up to one hundred (100) additional buses over the next five (5) years. Staff recommends specifying a 45-foot coach with approximately fifty (50) seats, two doors, one in front of the front axle, the second in the center of the wheelbase at low floor level and two wheelchair securement areas. The seats from the rear door forward would be accessible without step-up, while the seats behind the rear door would require ascending a few steps. BOARD ACTION:
Approved as Recommended [ ] Approved with Modification(s) [ ]
Other
[ ]
The above order was passed on: . Linda A. Nemeroff, District Secretary By
GM Memo No. 08-081 Meeting Date: May 14, 2008 Page 2 of 2
Staff recommends the procurement of these buses using the negotiated procurement process permitted under California Public Contract Code sections 20217 (competitive negotiation) in lieu of the traditional low bid method of procurement. To authorize proceeding under this statute, the Board needs to find by a two-thirds vote of all members that the purchase of these buses by sealed low bid procurement does not constitute a method of procurement adequate for the District’s needs. Such a finding authorizes the issuance of a Request for Proposal (RFP) which process allows for evaluation of such factors as fitness of purpose, manufacturer’s warranty, performance reliability, standardization, life cycle costs, delivery timetables and support logistics. Draft Resolution No. 08-021 (attached) sets forth the necessary findings required to authorize purchase of these buses through negotiated procurement.
Prior Relevant Board Actions/Policies: In October 2007, the Board approved a revision to the Fleet Composition Plan (2007 Revision) (GM Memo 07-140a). Attachments: Draft Resolution No. 08-021 Approved by: Prepared by: Date Prepared:
Rick Fernandez, General Manager Kenneth Scheidig, General Counsel Stuart Thompson, Special Projects Manager Charlie Kalb, Procurement and Materials Director May 8, 2008
GM Memo 08-180 Attachment
RESOLUTION NO. 08-021 A RESOLUTION AUTHORIZING THE ACQUISITION OF LOW ENTRY SUBURBAN STYLE COMMUTER BUSES BY COMPETITIVE NEGOTIATION WHEREAS, pursuant to California Public Contract Code Section 20217(b), the Alameda-Contra Costa Transit District Board of Directors may direct the purchase of rolling stock by competitive negotiation upon a finding by two-thirds votes of all members of the Board that the purchase of these buses in compliance with the provisions of the Public Contract Code generally applicable to the purchase does not constitute a method of procurement adequate for the District’s needs; and WHEREAS, the District desires to acquire approximately thirty (30) 45-foot low entry suburban style commuter buses, with an option to purchase up to an additional one-hundred (100) buses over the next five (5) years by use of a negotiated procurement for the following reasons: ¾
In 2007, the Board approved an amendment to the District’s Fleet Composition Plan to add ninety-three (93) additional buses for Transbay service, including sixty (60) 40-foot suburban buses (GM Memo 07-140a);
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In May, 2008, the Board approved a further amendment to the District’s Fleet Composition Plan substituting 45-foot suburban buses in place of 40-foot suburban buses;
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The District has a need to purchase approximately thirty (30) 45-foot suburban buses and retain an option to purchase an additional one hundred (100) suburban buses over the next five (5) years to facilitate the boarding of disabled and mobility impaired passengers, to provide additional seating, to improve the ride and handling of the buses, and to meet the need for additional buses for Transbay service;
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Using traditional procurement procedures in compliance with the provisions of the Public Contract code for the acquisition of equipment, materials and supplies (Invitations for Bids and contract award to the lowest responsive bidder) would not allow the District to consider evaluative factors other than price;
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The use of the negotiated procurement process would enable the District to obtain the best value for the public investment with various factors considered and refined in the procurement process, including fitness of purpose, manufacturer’s warranty, performance reliability, standardization, life cycle costs, delivery timetables and support logistics.
Resolution No. 08-021
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GM Memo 08-180 Attachment
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The purchase of the required suburban buses under the low bid only competitive bidding procedures would not permit adequate consideration of the above-referenced factors;
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ALAMEDACONTRA COSTA TRANSIT DISTRICT DOES RESOLVE AS FOLLOWS: SECTION 1: The Board finds, based on reasons identified in this resolution, that the purchase of suburban style commuter buses in compliance with the provisions of the California Public Contract Code generally applicable to such a purchase does not constitute a method of procurement adequate for the District’s needs. SECTION 2: The Board authorizes the General Manager to proceed with requesting solicitations for the award of a contract for the purchase of approximately thirty (30) 45-foot low-floor suburban style commuter buses, with an option for up to an additional one hundred (100) buses over the next five years, by competitive negotiation in accordance with the provisions of California Public Contract Code Section 20217 and the District’s procurement procedures. SECTION 3: Upon receipt, consideration and negotiation of the bids received in response to the solicitation, the General Manager shall make a recommendation to the Board of Directors for an award of a contract, with options, in accordance with Board Policy No. 350. SECTION 4: This resolution shall become effective immediately upon its passage by five affirmatives votes of the Board of Directors. PASSED AND ADOPTED THIS ____ day of May 2008.
______ H. E. Christian Peeples, President ATTEST:
Linda Nemeroff, District Secretary I, Linda Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a Regular Meeting of the Board of Directors held on the ______ day of May 2008 by the following roll call vote: AYES:
DIRECTOR(S):
Resolution No. 08-021
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GM Memo 08-180 Attachment
NOES:
DIRECTOR(S):
ABSENT:
DIRECTOR(S):
ABSTAIN:
DIRECTOR(S):
Linda Nemeroff, District Secretary Approved as to Form:
Kenneth C. Scheidig, General Counsel
Resolution No. 08-021
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