!r A C TRANSITDISTRICT Memo#NJC0'1-359 FromOffice of Ward5 Director December6,200'1 Dr.Nancy Jewell Cross sContract for Eutopean Buses and RFP' Agenda llem 4a. at Board Meeting 12113101 DireciorNancy Jewell Cross asks the Boardto adoptthe Resoluiionoi whichform followsas is,or as it maybe amendedagreeably to me as a resultof diseussion. Justificationfor reconsiderationis included in the resoluiion. ln addiiionto the formfor Resolution,I adopt here for allpurposes Exhibits A throughG following.The standardis for the Boardto havedocumentation sufficient for informeddecision. A week beforepublic record requests are accommodated and ihe Boardis askedio approve expending$61 ,400 400 in State/LocilFunds, the Board lacks specifics ot uniiprice, sourceor {undsfor largefreight charges for delivery,impaci on bus operationsby useof State/loealtunds, whether the kindsof vehiclesfrom a sole sourceis optirnalio service needsand bestpractices in fleetcornposition in bodyand powering, impacts in national and other dimensionsof usingState/Local funds at cost to operalionsof A C Transitand millionsinvested in foreign economies and freight costs contrary io naiionalpolicy and economiccrisis. Documentationis sketchy. Lackof iimelyinformaiion desired by board membershas been sought from the GeneralManager time and again, wiihoui avail. A-GM Merno01-304 Report on the Costof Transporting People on a StandardBus vs. A Van. Thisis an exampleof the inadequaiedocumentation on subjectinvolved in Boarddecisiong on busprocurement, 2 pages. B-Note: Nancyfrom Rose 1216/01. This illustrates the unavailabilityof information importantfor informeddecision on termsbf the contract,long afterthe RFP. C-Comparisonof 1984Public Transit Costs for FourVehicle Types, Congressional BudgetOffice 1986, Thisillustrates the kind of informationneeded by board . membersand available by staffresearch disclosed in documentsprior to board calendaringin the subjectmatter. D--Communitiesfor a BetierEnvironment, letter November 27, 2001. Thisillustrates the urgencyof better documentation, thinking, and decision-making inA C Transit,2 pp. E*rTeamstersLocal 853 letterby RomeA. Aloise,Secretary-Treasurer, lo Sieve Heminger,MTC, September 27 ,2001. Thisillustrates the absence of serious concemson this contractnot consideredby the Boardof Directorsand not documentedfor the Boardby the GeneralManager. F-Responsefrom Steve Hemingelto Rome A. Aloise, October 31 , 2001. Thisshows thatA C TransitG M conveyedto MTCthat the SanPablo Corridor Project justiiied the order,whereas the need in thalproject is in factonly a fraciion. G-*Flexibilityof ShorterBuses Will MeetToday's Needs, by FredGilliam, Execuiive VP of ChanceCoach, Meiro Magazine, September/October 2000. Thesubjecl is jmportant to considerand discuss by the Boardin relationto thismajor procurement of buses. ALAMEDA.CONTMCOSTA TMNSIT DISTRICT RESOLUTION# RESCTNDTNGRFp 2001-763 (5110/01), REJECTTNG CONTRACT PROPOSEDTO BOARD WITH SOLE BIDDER EUROPEAN SUPPLIER, ANDADOPTING PARAMETERS, SPECIFICATIONS, AND PROTOCOLS FORNEW RFPS FOR FUTURE BUS'PROCUREMENTS WHEREAS, 1. A C Transit'sGeneral Manager sought board authorization for a tripto Europeto surveybuses and appurtenances, and afterurard showed slides of European-stylebr.mes andasked the Boardwhether it liked"their looks', and when board members admireo them,prepared an RFPwith specifications to their acquisition; and the Board on May10, 2001approved the release of RFP2001-763 for acquisitionof 13540', 3 door,low floor buses(wilh an optionfor an additional135 buses) and 60 articulated,4 door, low floor buses(with an opiion for an additional60 artfculatedbuses); and now would on firstsight of contractimportune the board to authorizethe contract; and 2. TheGeneral Manager has not documenied and agendized for board considerationneed for this number of busesand their sizes in the entire fleet; cusiomers nowand prospective,and cornmunities demand small buses, thirty-feet or lessin length whichA C Transit'sexisting fleet cannot satisfy; small buses with two wide doors and vans withbicycl+'canying with kneeling to perrniteasy loading without requiring a liftingthe entirebicycle 2-3 feet would be verypopular with customers on rouiespresenfly served or underservedand needed to meetreguirements of constitution, statutes, court consent decree;and the public for localitynon-discriminaiiot'r, environmental justice, access to jobs andeducaiion, and 15% transit ridership growth; and 3. The Districtroutinely looks to thefederal govemment for funding buses, capital oxpenditures,and to Stateand County sources through Metropolitan Transportaiion Gommission,and staiutory grant sources and iare box revenues for operatingexpenses; federalfunds are unavailable for A C Transit'soperating expenses, and while State and localfunds may be used for capitalexpense of busprocurement, allocaiions irom tnts sourcein thelong run at the expenseof operatinglunds from that source unless A C Transitpersuades MTC to fundits "shortfalls"-i.e. blank check, which it hasannounced no intentionof doing; and 4. TheGeneral Manager is awarethat the amount of moneyfor procurementsof busesin numbersproposed by the GeneralManager by boardpolicy and law requires compeiitivebidding, that use of federalfunds for bus procurements to avoid spending downthe limitedsources for operatingfunds requires meeting federal standards of "Buy American'andAltoona tesiing which are inconsistent with raniting bus RFP specifications for "a European-style''bus in largeguantiiies, the Generai Manager in askingthe Boardfor RFPauthorization did not show pictures oi anybus(es) made in the UnitedStates with Resolution , page2. comparablydesirable feature$ nor memofor Boardconsideraiion and discussion, acquiringbuses from Europeis enormouslyexpensive for freightand lhe pricepaid would be at theexpense of investmentin the productand purchase of additional,more appropriatesmaller and less costly vehieles whose possibiliiy for acquisiiionis compromisedby use of MTc-controlledsources not oiherwise used for capital investments solelyto avoidreasonable and desirablerequirements of federalstatutes at a timeof economicdepression and reliefby investingwithin the UnitedStaies of NorthArnerica; f/re irregutarilies of which would sacrifice achievementof long-term,tran$poftation and national goals for short term expediency;and 5. A C Transitin the past3 yearshas spent estimaied not less than $2,000,000 to change the perception of performanceof A C Transit,and APTA, American Public TransportationAssociation,-of which A C Transitis a member,is undertakingan even more expensiveproject, PTz, likewise ta change the perceptionof publictransit, with purposeto increasefunding by Congress,by states,and locally;and the GeneralManager hasshrugged aside board members and the people's objections of egregiouslynoisy and diesel emissions-pollutinglargest size buses anddismissed complainis of their toxic exhaustand noise;and hereis the opportunityin bus procurement,unexplored by staff and preseniedio the board,to remedythese concerns; and 6, CentralCaliiornia Bay Area is non-attainmentof federalozone standarq, ozone. Oi, comesfrom NO^and hydrocarbons; diesel buses contribute NO*, and the State turned down a bus procurementcontemplated by A C TransiiGeneral Manager for regionarouses becausewhile purchase of 400HP MCIdiesel buses selecled by A C Transit'sGeneral "legal" "low Managerwas in Augusi2001 , theywere not emisssion,'specified in state siatutearrthorizing the regionalbuses; and 7. StateAir Boardregulations on A C Transitpermit purchases of diesel.busesby fleetaverage emissions parameters, it would serve air quality. acceptability and positive image ofA C Transit to phase out diesel buses and unnecessarilylarge buses ASAP! Thenoise, the pollution,and the waste of energyand inappropriatepublic investment demonstratedin unused bus capacityevery day to the pain and sorrow of the peopleand use of public and governmentsupplier money to try.toalter "Simply, perceptionto the contrary,will not. onesize-the largest-fitsall ano au qualiiyand noisego hanged,"degrade the image and project the imageof transitbeing inconsistentwith sustainablecommunity. Buscompanies, which make choices for lnvesimentcarefully respectful of susiainablecommunity and best practiceslistening to the public,do not need,nor would they deign,to try to changeperceptions of theii performance;and ,i Resolution , page3. 8, Changedcircumstances and new opportunities not earlier considered pro and conand with aliematives by the Board of Directorsjusiifies reconsideration of the RFP 20A1-763;and this includes but is notlimited to: a.Argumeni against acquiring CNG buses is overcomenow by CNG fueling staiionsavailable now to A C Transitin UnionCity in Division6 tenitoryand Berkeleyin Division2 andthis is suitablyconsidered in theprocurement specitications; b. Graphicsnot previously knomr and considered by AC Transit board and general managerfrom the Congressional Budget Office on the coststio passengers and transit authorityfor movingpeople in smaltbuses and vans compared with thoseusing large and medium buses (See what was provided to theOperations. Committaefor its meetingon Septefnber2A,2OO2 in GMMemo #0J-304) enable betterthinking by BoardMembers on whatwill contribute to agencygoals; c. Populardemand requires immediate acquisition and use by A C Transitof many newsmaller, quiet, and clean-pqweredvehicles for currentand prospective routesof lowridership which nevertheless need regular frequency and span in hours,and days to