AC TRANSIT DISTRICT Board of Directors Executive Summary Committees: Planning Committee External Affairs Committee Rider Complaint Committee Board of Directors SUBJECT:
GC Memo No. 09-139 Meeting Date: June 10, 2009 Finance and Audit Committee Operations Committee Paratransit Committee Financing Corporation
Consider Review of Board Policy 351 (Small/Local Business Procurement Policy) and Take Appropriate Action Based on that Review
RECOMMENDED ACTION: Information Only Briefing Item Recommended Motion
Receive Update on Board Policy 351 and consider taking one of the following actions: 1. 2. 3. 4. Maintain the status quo pending a decision on July 8th regarding performance of a disparity study; Adopt proposed revisions to Policy 351 and fund an internal position to administer it; Authorize the Issuance of a procurement for a consultant to recommend revisions to Policy 351 and administer that policy; or Adopt proposed revisions to Policy 351 and authorize issuance of a procurement for a consultant to administer the policy.
Staff recommends option 3. Fiscal Impact: $100,000 estimated Background/Discussion: Introduction This report has been prepared to provide information regarding what has or has not been achieved since the adoption of Board Policy No. 351 in November 2007 and what would be required to make the policy effective. This report is the first to provide information regarding
BOARD ACTION:
Approved as Recommended [ ] Approved with Modification(s) [ ]
Other
[ ]
The above order was passed on: . Linda A. Nemeroff, District Secretary By
GC Memo No. 09-139 Meeting Date: June 10, 2009 Page 2 of 8 the Small Local Business Procurement Policy (Policy 351) since its adoption and will attempt to address issues raised regarding Board Policy 351. This report will not address in detail the provisions of the District’s DBE Program since that is scheduled as a separate topic of discussion for the July 8th Board meeting. Also, although potential amendments to the District’s Procurement Policy (Policy 350) were originally contemplated to be part of this report, staff is recommending that a discussion of potential changes to that policy be deferred to another time. This will allow staff an opportunity to determine what changes are necessary depending on the action taken by the Board regarding Policy 351 and provide an opportunity to discuss any proposed changes to Policy 350 with staff before bringing them to the Board for your consideration. What is Legally Required and What are the Legal Constraints Associated with a Small or Small/Local Business Program? There is no federal, state or local mandate that requires the District to establish or implement a small or local business program. This is in contrast to the District’s obligation, as a recipient of Federal Transit Administration (FTA) funding to establish and implement a Disadvantaged Business Enterprise (DBE) Program (Board Policy 326) for FTA-assisted contracts. A small or a small local business program is subject to some legal restraints. Attachment A, prepared by the law firm of Hanson Bridgett, provides a summary of applicable legal authority and legal restraints. To summarize, small business (SBE) preferences are permissible for both federally assisted and locally funded procurements provided they are structured to comply with California Public Contract Code 2002. The section authorizes a local agency when it is awarding a contract to the lowest responsible bidder to provide a small business preference of up to 5% in construction, procurement of goods and delivery of services where responsibility and quality are equal. It also allows the establishment of a subcontracting participation goal for small businesses on contracts and the granting of a preference of up to 5% to those bidders who meet the goal. Small local business (SLBE) preferences generally are not permissible for federally assisted contracts or for procurements that require the award to the lowest responsible bidder. However, these limitations do not inhibit the use of local business preferences for non-federal contracts for professional services and for procurements that are below the statutory limits for formal procurements (under $25,000 for supplies, equipment and materials, and under $10,000 for construction). 1 Set asides refer to the process of reserving certain procurements for competition among SBEs and SLBEs only. In contrast to preferences, set asides for small businesses are not
1
The Public Contract Code does not govern professional service contracts and Sec. 20211sets out the contractual limits for supplies, materials and equipment, and construction.
GC Memo No. 09-139 Meeting Date: June 10, 2009 Page 3 of 8 authorized by Public Contract Code 2002. However, they may be permissible for procurements that are not subject to the statutory lowest responsible bidder award standard. A question has been raised about the possibility of establishing a policy for the use of contracts funded by state and local funds to remedy racial, sex discrimination or segregation that would not violate the Equal Protection Clause of the Federal Constitution. This question raises issues that will arise again when the Board considers its DBE Policy in July. However, to specifically answer the question, Ms. Jayne Williams of the Oakland law firm of Meyers Nave was requested to provide an analysis of the issue. See Attachment B. The conclusion she reaches is that in the absence of a disparity study that establishes the existence of discriminatory practices the District would be precluded from establishing any race and/or gender based contracting program. What have Other Agencies Done? In light of the limitations identified in Attachment B, several transit districts established small business programs to avoid the pitfalls of California’s Proposition 209 (Cal.Const. Art. 1, sec. 31). By establishing small business programs, public agencies are able to set contract specific goals and give preferences without offending Proposition 209, as these measures are “race neutral.” Below is a short summary of what other agencies have done to establish small and/or small local business programs: 1. BART has both a DBE Program applicable to its federally assisted contracts and a Non-Discrimination Program for subcontracting on non-federal contracts. This program established individual contract goals for MBE and WBE subcontractors based on an availability and utilization analysis, and there is no overall annual goal in the program. BART also recently completed a disparity study which supports the reestablishment of race and gender conscious goals in professional services and construction contracts. The programs are administered by eleven (11) BART employees and two special project consultants. San Francisco Municipal Railway (Muni) maintains a DBE Program in compliance with federal program requirements and a small business program as a race neutral component of its DBE Program. A disparity study has been completed by a consultant and is under internal review. Muni’s program is administered by thirteen (13) Muni employees. The City & County of San Francisco Human Rights Commission has a separate set aside program for micro local businesses with bid discounts for small businesses. This program establishes individual contract goals for local subcontractors. There is no overall annual goal in this program. The program is overseen by thirteen (13) City/County employees located in various departments of San Francisco government.
2.
GC Memo No. 09-139 Meeting Date: June 10, 2009 Page 4 of 8 3. The Santa Clara Valley Transportation Authority (VTA) maintains both DBE and SBE Programs. Both programs have a 15% overall annual goal. The SBE Program mirrors the DBE Program and includes all small businesses. DBEs are automatically counted as small. The SBE Program’s goal is to capture DBEs and other small businesses on non-federal contracts. A small percentage preference goes to local businesses on professional service contracts. A disparity study has also been completed and based on its findings VTA can now include race-conscious goals in its federally funded construction and professional service contracts. The programs are administered by three (3) full time and one (1) part time VTA staff and two (2) consultants who dedicate at least 75% of their time to VTA. San Mateo County Transit (Samtrans) has a DBE Program that is administered by one (1) staff person with part time administrative support. Samtrans recently completed a disparity study with findings similar to those in the case of BART and VTA. CCCTA maintains a race-neutral DBE Program only, which is administered by one (1) staff person who spends approximately 50% of her time on DBE efforts. Alameda County Public Works Department has a DBE Program administered by one (1) staff person for contracts with DOT/Caltrans funding, and follows Caltrans’ DBE policy and goals (based on Caltrans’ completed disparity study). The Alameda County General Services Agency also has a Small Local Business Program for non-federal contracts that includes preferences of 5% for small and 5% for local (10% for small local) firms. Alameda County has no overall annual goal but businesses that are not small or local are required to subcontract a minimum of 20% to small or emerging local businesses to be eligible for contract award; the program targets departmental discretionary spending for goods and services of less than $25,000 to local small and emerging businesses. The SLBE and emerging local business programs are administered by six (6) and one-half (½) staff time positions. Contra Costa County has a SBE Program, which targets purchasing transactions less than $50,000, service contracts less than $50,000 and construction contracts less than $25,000, with the goal of 50% of the eligible dollar base going to SBEs. (Eligible dollar base means SBE awards under $50,000 are counted in SBE reporting and awards over $50,000 are counted in a separate Outreach Program report). Contra Costa also complies with Caltrans DBE program requirements. The Program is administered by one (1) Affirmative Action Officer with part time administrative support. Transbay JPA has a DBE Program for federally funded contracts and approved a draft SBE Program earlier this year which is modeled on Muni’s SBE Program in that it is to be used as a race neutral element of its DBE Program. The agency intends to establish SBE subcontracting goals for contracts with subcontracting opportunities.
4.
5.
6.
7.
8.
GC Memo No. 09-139 Meeting Date: June 10, 2009 Page 5 of 8 One (1) staff member spends less than 50% of staff time on administration of the programs. 9. City of Oakland has a Small Local Business (SLB) and a Local Business Enterprise (LBE) The City’s contracting policy states that there will be a 20% minimum participation requirement for all construction contracts over $100,000 and all professional services contracts over $50,000 must include outreach to certified local firms such that a minimum of three (3) local firms are included in the solicitation. The 20% local requirement must be met with a minimum participation of 10% local and 10% small local. The program is administered by eight (8) employees. Alameda County Transportation Authority (ACTIA) has LBE, SLBE and VLSBE (Very Small Local Business) programs in place. The goals are different for each program: LBE: 60% construction; 70% professional services and 70% for administrative services; SLBE: contract specific for construction, 30% for professional services, and 30% for administrative services. For VSLBE, the preference is established for contracts under $50,000. Duties and responsibilities of these programs are contracted out to a consulting firm with project oversight by an ACTIA staff member.
10.
Review of the District’s Small/Local Business Procurement Policy/Program At the November 14, 2007 Board meeting, the Board adopted Policy 351 to establish a Small/Local Business program (Attachment C). The Board initially approved two (2) staff positions to implement the program, a Contract Specialist level position and an administrative support position. Although the administrative support position was filled in July 2008, the program administrator position was not funded for two reasons: (1) due to budget concerns and (2) the need to establish a database to determine what has been the District’s experience in contracting with small local businesses. Although Policy 351 required the District, among other things, to do the following • • • • Establish annual overall goals for small/local business utilization Establish small/local business subcontracting goals for construction and professional services based on availability and opportunity analysis Assign staff to oversee and administer all components of the program Maintain neutrality as to race, ethnicity, national origin, age, sex, religion, sexual orientation, disability or veteran status
none of these objectives have been met, except for the fourth bullet. Since the staffing of the administrative support position in July 2008, the Purchasing Department’s primary focus has been to upgrade the District’s vendor database so that businesses within the scope of Policy 351 could be identified and notified of pending purchasing opportunities.
GC Memo No. 09-139 Meeting Date: June 10, 2009 Page 6 of 8
The first step was to add information categories so that new vendors could self-identify as small, local, minority-owned, woman-owned or disadvantaged businesses. Once the vendor registration website was upgraded, a separate effort was made to encourage registered vendors to re-register and self-identify. Unfortunately, this effort has met with little response. Purchasing staff is now going through the District’s vendor database by hand and comparing the District’s vendor file with small local business databases maintained by Alameda County, the City of Oakland, the Port of Oakland and Caltrans. When a District vendor is identified as certified by one of these agencies, the District’s vendor file is updated to reflect this certification. In an effort to generate some meaningful data on the participation of small and small/local businesses in the District’s procurements, and in response to a request for information relating to contract awards, staff has surveyed purchasing data for FY 07-08 and FY 08-09 to date. The results of the survey of formal and informal contracts for each period are provided in Attachment D. 2 The survey information has been refined to identify the number of contracts available for small, small local or DBE businesses, and the number awarded, as well as the available dollar value and dollar percentage awarded. To summarize, in FY 07-08, 59 formal and informal contracts were awarded, 51 were available for award to small, small local or DBE businesses, and 12 (or 23.53%) were awarded to small, small local or DBE businesses. The value of those contracts totaled $10,339,322 of which $1,448,711 (or 14.01%) were awarded to small, small local or DBE businesses. In FY 08-09 to date, 42 formal and informal contracts have been awarded, 31 were available for small, small local or DBE businesses, and 8 (or 25.81%) were awarded to small, small local or DBE businesses. The value of those contracts totaled $7,919,208 of which $693,306 (or 8.75%) were awarded to small, small local or DBE businesses. In addition, staff reviewed Purchase Orders (POs) issued in FY 08-09 to date (7/1/08 thru 3/31/09) and by comparing businesses names with small local databases maintained by other agencies, determined that 1,881 POs were available for award to small, small local or DBE businesses, but only 162 (or 8.61%) of the POs were issued to small, small local or DBE businesses. 3 This represents a dollar value of $1,550,979 (or 7.58%) of $20,460,792.
2
The data does not include purchases undertaken by credit cards.
It is important to keep in mind that a purchase order is the document issued by the Mincom Ellipse system during the period in question and does not reflect actual payments. Currently, the Finance Department pays invoices using a separate system (IFAS) with the result being that Purchasing is currently unable to track actual payments to small local businesses. The implementation of the PeopleSoft financial system scheduled for July should improve matters dramatically. The implementation of PeopleSoft financials means that both purchasing and financial activities will occur within the same system, which should allow for generating reports based on payments instead of purchase order awards. In addition, we understand that PeopleSoft will bring with it the capability of sorting quotes, proposals, submittals, and awards, among other data according to vendor category
3
GC Memo No. 09-139 Meeting Date: June 10, 2009 Page 7 of 8 In addition, the following activities have occurred to encourage the use of small and small local businesses: • • • • • Buyers have been advised to make a concentrated effort to find SLBE firms for small purchases; Email notices of available contracts are sent to vendors registered on the District’s website; Procurement has been advised to include in future bid invitations notice of Policy 351; Risk Management has been instructed to review the insurance requirements of all contract solicitations to determine whether the insurance requirements can be reduced; and A “Doing Business With AC Transit” brochure has been in development but may require revisions if changes are made to Policies 351 and 350. See Attachment E.
What, if any, revisions should be made to the District’s Small Local Business Program and what steps need to be taken to fully implement the program? There are at least four options available to the Board: 1. Maintain the status quo pending a decision July 8th regarding the performance of a disparity study and continue the ongoing, albeit, limited efforts to encourage the use of small local businesses; or 2. Approve revisions to Policy 351 to make it more effective and fund a staff position to administer it; 3. Issue an RFP seeking the services of a consultant to recommend revisions to Policy 351 and implement the Policy as amended; or 4. Issue an RFP for a consultant to administer the Policy as amended in option (2). Option 1. This option would maintain the existing program with the existing staff efforts outlined above. If the decision on July 8th is to proceed with a disparity study, the Board would have the option of continuing the status quo until the study is complete and then the Policy could be tailored to address the results of the study. Option 2. Attachment F is a revision to Policy 351 that would, following the example of other local agencies, separate the program into Small Business and Small Local Business components. The revisions provide for subcontracting opportunities, incentives and proposes to expand the area from which small and small local business may be drawn. However, the adoption of these or other amendments will have little or no impact upon the program in the absence of the retention of either a staff person or consultant to administer the program and perform outreach efforts. The advantage of revising Policy 351 at this juncture would be to immediately put more “teeth” into the Policy, even if the Board elects to commission the preparation of a disparity study. If the Board decided to maintain the position in house, then a classification description may be required, particularly if the position also was responsible for administering the DBE Program. Option 3. The growth and expansion of Small and Small Local Business programs in the Bay area have been accompanied by the development of a niche of consultants with
GC Memo No. 09-139 Meeting Date: June 10, 2009 Page 8 of 8 expertise and experience in this area. 4 While staff has made recommendations as to possible revisions to Policy 351 (Option 2), a consultant who works in this area would be in a better position to recommend changes to Policy 351 to accomplish what the District desires and get the District’s program up and running in the shortest amount of time by (1) reviewing and recommending revisions to Policy 351; (2) identifying the contracting mechanisms which are best suited to maximize small and small local business participation in the District’s procurement activities; (3) implementing and overseeing the resulting program; and (4) identifying any staff resources needed to maintain the program under consultant oversight. Initially, staff would do a procurement with Board approval of the contract award. As indicated, there are significant advantages to this approach, certainly in making the District’s program effective. Ultimately, a determination would have to be made whether to continue to outsource the administration of the program or bring that work inhouse. Note the discussion in Option 4 about the possibility of the consultant hired to administer Policy 351 also handling the DBE Program. Also, it is anticipated that there may be the need for staff coordination with the consultant. This can be accomplished by either designating a staff person as the contact or creating an oversight committee, composed, for example, of representatives from the following departments: External Affairs, Procurement, Legal and Finance. Option 4. This is a combination of Options 2 and 3 – amend the policy as submitted and do a procurement for a consultant to recommend revisions and administer the policy until the District is prepared to bring the work in-house. Prior Relevant Board Actions/Policies: Board Policy 351 adopted November 2007 Attachments: A. Summary of Authority for AC Transit to Offer Preferences to Small and/or Local Businesses B. Legal Opinion and Race/Gender Conscious Contracting Programs C. Revised Board Policy 351, (redlined clean copies) as adopted November 2007 D. Charts of Formal and Informal Contracts Awarded for FY 07-08 and 08-09 E. Draft “Doing Business with AC Transit” brochure Approved by: Reviewed by: Prepared by: Date Prepared: Kenneth C. Scheidig, General Counsel Rick Fernandez, General Manager Mary King, Ass’t GM Communications/External Affairs Kenneth C. Scheidig, General Counsel Carol Babington, Assistant General Counsel June 4, 2009
The existence of a local pool of experts is reflected in ACTIA’s recent experience. The agency issued a competitive procurement to outsource its Small Local Business program in 2008. The top four or five finalists were all local woman-owned minority firms.
4
FISCAL YEAR 07/08 AWARDED FORMAL & INFORMAL CONTRACTS
Contract # Vendor 968 970 988 988A 988B 988C 988D 988E 988F 988G 988H 988I 988J 996 1006 1013 1026 1026A 1026B 1026C 1026D 1026E 1026F 1026G 1026H 1026I 1026J 1026K 1026L McGuire & Hester Claremont Behavioral Services RFP resulted in the award of a Panel of ten (10) firms: Grigsby & Associates UBS Securities LLC Morgan Stanley Lehman Brothers M.R.Beal & Co., Inc. Gardner, Underwood & Bacas The Public Financial Mgmt Grp Bank of America Steve and Youngbert Backstrom, McCarley, Berry Co T.K. Services Keenan and Associates CherryRoad Technologies, Inc. RFP resulted in the award of a Panel of sixteen (16) firms: ALTA Planning & Design ARUP CHS Consulting Cambridge Jacob Carter & Burgess DKS Associates Delcan Diversified Dowling Fehr & Peers HNTB PB America (Parsons)
Business Type
Local Local
Description
CMF Parking Structure Seismic Retrofit Employee Assistance Program Financial Advisor/Pension Bonds panel: 10 contractors awarded total ***** ***** ***** ***** ***** ***** Fuel Hedge Consulting ***** ***** ***** AC Preventative Maintenance Employee Benefit Broker Services Financial/HR Sys Implementation On-Call Transportation Planning Consultant Panel ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** 1
Award Date
TERM
Dollars
$473,745 $561,000 $3,500,000 Per Task Per Task Per Task Per Task Per Task Per Task $20,176
TYPE
Construction Services As Needed Services
12/19/07 Completion 07/01/07 11/15/07 11/15/07 11/15/07 11/15/07 11/15/07 11/15/07 11/15/07 11/15/07 5 year 5 yr panel
Small Local
Local Local
Local
Local Local Local
Local Local Local
11/15/07 Per Task 11/15/07 Per Task 11/15/07 Per Task 05/01/08 3 years $284,420 09/01/07 5 years $505,000 11/28/07 Completion $6,676,449 12/01/07 5 yr panel No dollar limitation Per Task Per Task $97,908 $199,935 $280,358 Per Task Per Task Per Task Per Task $500,376 Per Task Per Task
Services Services Installation & Services As Needed Services
Prepared by J. Strahan
6/5/2009
FISCAL YEAR 07/08 AWARDED FORMAL AND INFORMAL CONTRACTS
Contract # Vendor Wilbur Smith Transp Mgmt Design, Inc URS Jakes & Associates David Donn Consulting Cummins West, Inc. Direct Line Communications ABD Insurance & Financial Services Urban Transportation 1031 x 1033(FED) x Orbital 1036 RJMS Corp dba Toyota Material Handling 1037 T.E.C. of California 1038 TeeCom Design Group 1039 Komatsu 1040 EDX Information Systems 1041(FED) x UTC Power Corporation 1044 x 1046 1049 1050 1052 1053(FED) x 1058 x 10169 10170 10174(FED) 10175 10176 Orbital Jakes Associates Vermeer Pacific LLC Holt of California E. B. Ward & Co. Automotive Resources, Inc. Mentor Engineering, Inc. Echo Landscaping Fluoresco FilmSite NaviSite Yovino-Young, Inc. 1026M 1026N 1026O 1026P 1027 1028(FED) x 1029 1030
Business Type
Description
***** ***** ***** ***** Program Monitoring Services Extended Warranty on ISB/ISM Fiber Backbone Cabling Systems Insurance Broker Services Automatic Passenger Counters Software Support Agreement Tractor Scrubber
Award Date
TERM
Dollars
$9,000 $94,409 Per Task Per Task $160,302 $197,900 $40,294 $334,700 $169,514 $125,161 $97,932 $55,842 $500,000 $25,786 $61,610 $9,300,000 $227,845 $45,100 $26,600 $57,535 $27,293 $56,600 $102,000 $225,200 $54,432 $150,000 $71,468 $14,500
TYPE
Small Small Local Small
07/01/07 3 Years 09/07/07 02/06/08 Completion 12/01/07 5 years 11/07/07 Completion 10/15/07 1 year 12/21/07 Delivery 05/16/08 05/01/08 06/01/08 01/30/08 03/31/08 04/11/08 04/24/08 06/06/08 05/20/08 04/16/08 05/15/08 05/30/08 07/01/07 Delivery 3 years Delivery Delivery Delivery Delivery Completion Delivery Delivery Completion Completion Completion 5 Years
Consulting Services Services Services Services S/W Agreement Equipment Equipment A&E Security Services Equipment Equipment Equipment Equipment A&E Services Equipment Equipment Services Purchase & Install Purchase & Install Services Services Services Services Services 6/5/2009
Small
2009 GMC TC7500 Truck Small Local Security Consulting & A&E Svcs Local Forklift Thinkpad T61 Widescreen Hydrogen Fuel Cell Power Plant & Fuel Cell Power Section upgrades Cables & /W for Satcom Radio Sys Facilities Options Analyses Small Trailor Mounted Vacuum System Scissor Platform Lifts HVAC Rooftop Units Mobile Column Bus Lifting Systems MDTs for Paratransit Small Local Landscape Maintenance DBE Local Yard Lighting Small Local Photography/Video Production Website Hosting Services Small Local Appraisal Services 2
07/01/07 5 years 07/01/07 5 years 10/22/07 02/01/08 Completion
Prepared by J. Strahan
FISCAL YEAR 07/08 AWARDED FORMAL AND INFORMAL CONTRACTS
Contract # Vendor 10177 10178 10179 10180 Cameron-Cole, LLC Cameron-Cole, LLC Singer Associates, Inc. Modern Express Courier
Business Type
Local Local Small Small Local
Description
Greenhouse Gas Inventory Environmental Sustainability Report Communication Consultant Services Delivery Services for Board
Award Date
TERM
Dollars
$17,840 $25,840 $155,000 $5,952
$25,535,022 $15,356,001 $10,179,021
TYPE
Services Services Services Services
03/12/08 Completion 03/24/08 Completion 02/01/08 2 years 07/27/08 1 year
Total # of contracts awarded for FY 07/08 = 59
# of contracts unavailable for SBE/SLEB for FY 07/08 = 7 (x) # of contracts available for SBE/SLEB for FY 07/08 = 52
Total $s for awarded contracts for FY 07/08 = Total $s NOT available for SBE/SLEB for FY 07/08 = (x) Total $s available for SBE/SLEB for FY 07/08 = $s for small or small local or DBE: % of $s to small, small local or DBE: $1,448,711 14.23%
Awards to small or small local or DBE = 12 % awards to small, small local or DBE =
23.08%
(x) indicates that SBE/SLBE would not be able to supply these products/services
NOTE: This report deals with ONLY those contracts issued by the Purchasing Office. This report DOES NOT reflect any contracts which may have been issued by the Retirement Board.
LEGEND: INVITATION FOR BID REQUEST FOR PROPOSALS REQUEST FOR QUALIFICATIONS SOLE SOURCE
Prepared by J. Strahan
3
6/5/2009
CONTRACTS UNAVAILABLE TO SBE OR SLBE
FY 07/08
Contract # Description
1028 1031 1033 1041 1044 1053 Extended Warranty on ISB/ISM Engines Automatic Passenger Counters Software Support Agreement Hyrdogen Fuel Cell Power Plants & Upgrades Orbital Automotive Resources, INC.
Vendor
Cummins West, INC Urban Transportation Associates (UTA) Orbital UTC Power Corporation Cables & Hardware for Satcom Mibile Column Bus Lift Systems
Reason
Original Equipment Mfg (OEM) Standardize the Inventory - currently have 65 counters in house & request 8 more Proprietary Software Products ONLY available from one source Standardize the Inventory to allow interchange between lifts and/or divisions; cost to maintain one system instead of a variety of systems. Under Strategen contract, Mentor was selected as the Sub contractor for MDTs, & became sole source for future because you can't have different units on 69 EBP vehicles. To save money, contracted directly to Mentor instead of a sub relationship under Strategen.
1058
Mentor Engineering, INC.
Mobile Data Terminals (MDTs) for Paratransit
FY 08/09
Contract # Description
1067 High Speed Fabric Doors
Vendor
Byron Epp, INC.
Reason
Board Memo 00-131authorized the purchase of the doors from this vendor and authorized the standardization of all future procurements for doors Piggyback procurement on the SamTrans RFP in which the District, as a Consortium member, was allowed to purchase up to 50 buses (as referenced in RFP # 07-SAMTR-M-23, paragraph 2. Original Equipment Mfg (OEM) OEM of FleetWatch Fuel & Fluid Management Systems & related equipment utilizing proprietary hardware and software Standardize the Inventory - request an additional 60 units (see contract 1031 above) Public Entity National Elevator is the OEM, which are well past 20yrs old. The OEM is the most cost effective vendor to replace their own obsolete circuitry, while bringing all items to current code standards. GM Memo 09-107 approved 5/13/09 IAW Board Policy 350, only 1 quote required with determination of fair & reasonableness 6/8/2009
1068
Cutaway Paratransit Buses (36 buses)
Creative Bus Sales, INC.
1069 Extended warranty on ISL/ISB Engines 1075(A,B,C) FleetWatch upgrade(incl Maint./tech support & S/W License Agreement 1082 1095 1096 Automatic Passenger Counters
Cummins West, INC. S&A Systems, INC.
Urban Transportation Associates (UTA)
Apprenticeship Training Program Martinez Adult School Upgrade Elevator Controls & Microprocessor to National Elevator Company meeet code/service requirements
1102 10183
Lithium-Ion Battery Packs Parking lot TOP deck repair @ D3
EnerDel, INC. Weatherproofing Technologies 1
CONTRACTS UNAVAILABLE TO SBE OR SLBE
FY 08/09
Contract # Description
10184 Consultant for Hub Reviews
Vendor
Wilbur Smith & Associates
Reason
ACTIA funded project-expanding upon the base work funded/developed by MTC. Wilbur Smith & Associates were awarded a competitive procurement for this type of work, & issuing a contract to continue the District's portion of the work to this vendor provided substantial public benefit in both time and money. Cameron cole is ceretified tech provider by California Climate Action Registry (CCAR) & were competitively awarded the contract to perform the 2 previous Greenhouse Gas Inventories (GHG & IMP). With their experience & District knowledge, contract award was determined to be in the best interest of the District. Cameron Cole has assisted District with reporting (and publishing) for CY 04 thru 07, the last of which was published 1st qtr 09. With their years of experience & body of knowledge regarding District operation, manage system & strategic vision, award was determined to be in the best interest of the District.
10187
Greenhouse Gas Inventory
Cameron Cole
10188
Sustainability Report
Cameron Cole
2
6/8/2009