TRANSPORTATION DEPARTMENT AND TRANSIT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS

This item supports the Board's Values of "Cooperatively delivering an efficient and accessible regional intermodal transportation network" and "Encouraging investments in renewable energy, sustainable practices and environmental protection" and its goals to "Support the development, design and construction of sustainable, multi-modal transportation facilities throughout the County, to meet the demands of residents, travelers, and businesses" and "Seek funding for, implement policies and pursue projects promoting, the use of alternative energies and sustainable practices."

On April 28, 2017, the Federal Transit Administration (FTA) announced the availability of $55 million in Fiscal Year 2017 competitive grant funds for the purchase or lease of low or no emission vehicles (Low-No grant) as well as related equipment or facilities. FTA's Low-No 5339(c) grant program encouraged and allowed public agencies to partner with other entities in implementing projects under the program. Broward County Transit partnered with the Center for Transportation and the Environment (CTE) to provide project management and technical consulting services and byd Motors to manufacture and deliver battery electric buses and charging infrastructure on its grant application. The project is for the purchase of 45-foot all electric over-the-road buses. These over-the-road buses would be utilized to replace older model diesel buses in BCT's fleet that had met their useful life, and to be operated on BCT's express bus routes. By deploying battery electric buses in place of the existing diesel buses will reduce energy consumption, emissions of harmful pollutants and greenhouse gases.

FTA received 128 applications requesting more than $515 million in project funds. On September 15, 2017, FTA announced that BCT was one of only 51 applications selected nationwide. BCT received $1M in grant funding (Exhibit 2). BCT will be submitting the final project through FTA's Transit Award Management System (TrAMS).

As a result of the reduced amount awarded to Broward County, BCT intends to purchase five all electric over-the-road buses utilizing the awarded FTA Low-No grant funds along with programmed FTA 5307 formula funds, and the required local match for the Low-No grant is $150,000 in Transit Concurrency funds.

THE TRANSPORTATION DEPARTMENT/TRANSIT DIVISION APPROVE THIS MOTION.

This item supports the Board's Values of "[C]ooperatively delivering an efficient and accessible regional intermodal transportation network" and "[E]ncouraging investments in renewable energy, sustainable practices and environmental protection" and the corresponding goals to "[S]upport the development, design and construction of sustainable, multi-modal transportation facilities throughout the County, to meet the demands of residents, travelers, and businesses" and "[S]eek funding for, implement policies and pursue projects promoting, the use of alternative energies and sustainable practices."

As background, on June 14, 2016, Item No. 8, the Board approved an Electric Bus Demonstration Project, at no cost to the County, with three bus manufacturers, Build Your Dreams Motors, Inc. (byd), New Flyer of America, Inc. (NFA) and Complete Coach Works (CCW), in response to Request for Information No. V2111285F1, during the summer recess. NFA never provided the Transit Division (BCT) with an electric bus for testing and evaluation. During August and September 2016, BCT tested and evaluated two buses provided by CCW and byd. The byd bus was met with approval by BCT, as well as passengers, during the testing pilot.

On January 9, 2018, Item No. 7, the Board approved Resolution No. 2018-004 authorizing the Director of the Transportation Department to submit a Grant Application to the Federal Transit Administration (FTA) for Federal Grant Program funds pursuant to 49 U.S.C. Section 5339(C), for Low Or No (Low-No) Emissions Competitive Federal Grant Program for awarded funds in the amount of $1,000,000, for the purchase of all electric over-the-road buses. FTA's Low-No 5339(c) grant program encouraged and allowed public agencies to partner with other entities in implementing projects under the program. Broward County Transit partnered with byd Motors for the manufacture of these battery electric buses and charging infrastructure and with the Center for Transportation and the Environment (CTE) to provide project management and technical consulting services for the electric bus project on its FTA approved grant application. These five over-the-road coaches will be utilized to replace older model diesel buses in BCT's fleet that have met their useful life, operated along BCT's express bus routes. Deploying battery electric buses in place of the existing diesel buses will reduce energy consumption, emissions of harmful pollutants and greenhouse gases.

BCT is requesting that the Purchasing Director be authorized to enter into an agreement, as prepared and approved by the Office of the County Attorney, with Build Your Dreams Motors, Inc. (byd) as the most reasonable source for the purchase of five over-the-road 45-foot electric buses with a total estimated cost for the five buses (including spare parts & training) of $4,598,484, and also to enter into a two-party agreement with the Center for Transportation and the Environment in the amount of $120,000 to provide project management and technical consulting services. The agreements will be in accordance with applicable law and all FTA guidance and requirements as approved by the Federal Transit Administration (FTA) for Federal Grant Program funds pursuant to 49 U.S.C. Section 5339(C), for Low Or No (Low-No) Emissions Competitive Federal Grant Program.

TRANSPORTATION DEPARTMENT AND TRANSIT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS

This item supports the Board's Values of "[C]ooperatively delivering an efficient and accessible regional intermodal transportation network" and "Encouraging investments in renewable energy, sustainable practices and environmental protection" and its goals to "[S]upport the development, design and construction of sustainable, multi-modal transportation facilities throughout the County, to meet the demands of residents, travelers, and businesses" and "[S]eek funding for, implement policies and pursue projects promoting, the use of alternative energies and sustainable practices."

On April 23, 2018, the Federal Transit Administration (FTA) announced the availability of $84.45M of Fiscal Year 2018 funds for the purchase or lease of low or no emission vehicles as well as related equipment or facilities. FTA's Low-No 5339(c) grant program encouraged and allowed public agencies to partner with other entities in implementing projects under the program. Broward County Transit again partnered with the Center for Transportation and the Environment (CTE) to provide project management and technical consulting services and byd Motors on its application for the zero emission bus project and included a solar-powered charging infrastructure project.

On August 24, 2018, FTA announced that BCT was one of  52 projects selected nationwide. BCT received $2.25M in grant funding (Exhibit 2), which requires 10% match of $225,000 to be provided by budgeted Transit Concurrency funds. BCT will be submitting the final project through FTA's Transit Award Management System (TrAMS). Funds will be used to support BCT's Zero Emission Bus Project and for the solar-powered charging infrastructure.

THE PURCHASING DIVISION AND THE TRANSPORTATION DEPARTMENT/TRANSIT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

This item supports the Board's vision of "A sustainable system of world-class intermodal transportation, infrastructure, quality human services, public safety, affordable housing, recreation, arts and culture, complementing and balancing our natural resources and environment"; and its values of “Cooperatively delivering an efficient and accessible regional intermodal transportation network”, “Encouraging investments in renewable energy, sustainable practices and environmental protection”, and “Consistently delivering responsive, efficient, quality services to the public and internal customers" by purchasing electric buses. Deploying all-electric buses to replace existing diesel buses will reduce energy consumption, emissions of harmful pollutants and greenhouse gases and contribute to the County’s Climate Change Action Plan initiatives.

The Office of Economic and Small Business Development did not assign goals for this procurement, because it is based on the use of a pre-existing State of Georgia contract (Exhibit 2).

The purpose of this contract is to purchase 15 forty-foot, low floor, heavy-duty all-electric transit buses to include diagnostic equipment, spare parts and training, via the State of Georgia Contract No. 99999-001-SPD0000138 at a unit cost of $741,000 per bus for the Broward County Transit (BCT) Division (Exhibit 1).

In accordance with Section 21.36 of the Procurement Code, the Director of Purchasing may purchase directly from federal, state or local contracts when the contract expressly permits, or if the awarding jurisdiction and/or the vendor agree to allow the County to utilize the contract. By purchasing from this contract, the County will benefit from lower costs available through competitive pricing based on large volume discounts.

The State of Georgia Solicitation No. 99999-001-SPD0000152, Supplemental Mass Transit and Transportation Related Vehicles and Related Equipment and Accessories, was competitively solicited as a Request for Proposals (RFP) by the State of Georgia Administrative Services Department and is compliant with the Federal Transit Administration procurement guidelines and piggyback requirements. The RFP posted on December 14, 2017 and publicly opened on February 6, 2018, with eight responses received.

By utilizing State of Georgia's contract, the County is taking advantage of the State of Georgia's pre-negotiated pricing, reducing time and minimizing operational and administrative functions. Additional benefits include reducing overall diesel fuel consumption by BCT, reduced or low noise pollution, elimination of harmful air pollutants and odor reductions due to zero tailpipe emissions. The contract also allows the County to promote its ongoing commitment to environmental sustainability by purchasing all-electric vehicles.

On June 12, 2018 (Item No. 31), the Board authorized the Director of Purchasing to execute an agreement with Build Your Dream Motors, Inc. (byd) for the purchase of five 45-foot Over-the-Road electric buses, which included charging systems. On September 27, 2018, the Director of Purchasing approved an agreement between byd and Broward County for the purchase of five 45-foot Over-the-Road electric buses, which included charging systems. The charging system that was purchased with the previous byd 45-foot Over-the-Road buses are unique to byd bus design and build; other bus manufacturers' electric buses cannot be charged using byd charging stations. In order to maintain charging systems compatibility requirements, BCT has chosen to purchase buses from byd in lieu of Proterra, Inc. despite the lower price offered by Proterra, Inc. for the 40-foot electric, heavy duty, low floor transit bus. Proterra, Inc. and other vendors listed on the State of Georgia contract charging systems are unique and specific to their bus design and specifications, which would require a different configuration and setup than byd. A price comparison was performed by State of Georgia and the prices were determined to be fair, reasonable and aligned with market analysis for the industry (Exhibit 5).

The amounts referenced in this agenda were rounded to the nearest whole dollar. Vendor payments will be based on the actual bid amount.

No vendor performance evaluation has been completed for byd.

On October 9, 2018, on Item 45, the Board approved the awarding of a fixed contract to byd, based on a State of Georgia contract, for the purchase of 15 forty-foot, low floor, heavy-duty all-electric transit buses to include diagnostic equipment, spare parts, and training for the Transit Division, in the total amount of $13,096,121.
 
The attached media reports detail problems with byd. This item allows the Board to discuss this matter and to consider rescinding the Board's prior action on Item 45.

On October 9, 2018, the Board simultaneously approved Item 38, which authorized the Transportation Department to submit a grant application to the Federal Transit Administration, and Item 45, which approved a fixed contract to byd for the purchase of 15 40-foot, low floor, heavy-duty all-electric buses from the State of Georgia Contract No. 99999-001-SPD0000138-0008. Subsequently, the Board was informed of media reports detailing problems with certain byd electric buses.  The County has not executed an agreement or issued a purchase order to purchase the 15 buses from byd.

On October 23, 2018, in connection with consideration of Item 53, the Board approved a Motion to Consider Rescission of the Board's approval of Item 45 from the October 9, 2018, agenda. The Administrative Code provides that a Motion to Rescind shall be placed on the agenda of the Commission meeting following the meeting at which the Motion to Consider Rescission was approved. Approval of a Motion to Rescind requires the affirmative vote of a majority of the Board. If the Motion to Rescind is approved, the Administrative Code requires the Board to either consider the original item again on the same day or set a date certain for its consideration. 
 
Motion B is worded the same as Item 45 from the October 9, 2018, agenda.  However, I plan to make a substitute Motion B to authorize the Purchasing Director to enter into an agreement with byd, approved as to legal sufficiency by the Office of the County Attorney, for the purchase of 15 40-foot, low floor, heavy-duty all-electric buses to include diagnostic equipment, spare parts, and training for the Transit Division, in the total amount of $13,096,121, via “piggyback” on State of Georgia Contract No. 99999-001-SPD0000138-0008 titled “Supplemental Mass Transit and Transportation Related Vehicles and Related Equipment and Accessories;” and authorize the County Administrator to take all required administrative and budgetary actions in connection therewith, upon the Director of the Transportation Department determining that the five electric buses from the initial byd electric bus purchase dated September 27, 2018, have performed well for a period of not less than six months after delivery to Broward County.
 
Importantly, Item 38 from the October 9, 2018, County Commission meeting, which was considered by the Board concurrently with Item 45, is not affected by any action taken on this agenda item.

THE TRANSPORTATION DEPARTMENT AND TRANSIT DIVISION RECOMMEND APPROVAL.

This item supports the Board's vision of "A sustainable system of world-class intermodal transportation, infrastructure ... complementing and balancing our natural resources and environment", and it's values "Cooperatively delivering an efficient and accessible regional intermodal transportation network", "Encouraging investments in renewable energy, sustainable practices and environmental protection", and "Consistently delivering responsive, efficient, quality services to the public and internal customers."

On December 27, 2018, the Purchasing Division issued Request for Information (RFI) No. GEN2118257F1, Electric Bus Manufacturers solicitation, seeking Electric Bus Manufacturers to provide free of charge 40-foot Transit style and 45-foot over the road coach buses capable of being operated in either express or local service for up to a 30-day demonstration per bus for the Transit Division (BCT). Through this demonstration project, BCT will be able to evaluate the most recent advancements and technologies for future electric bus purchases.

On January 14, 2019, the County received four responses to the RFI from potential vendors, indicating an interest in participating in the demonstration with 40-foot and 45-foot buses. Vendors that responded include Motor Coach Industries (MCI), Build Your Dreams Motors, Inc. (byd), New Flyer of America, Inc. (New Flyer), and Proterra, Inc. All four bus manufacturers indicated that they can provide a bus, with byd, New Flyer and Proterra being able to provide a bus immediately. MCI will be able to provide a bus in the Spring of 2020.

Staff is requesting that the Board approve the demonstration project to conduct testing and evaluation of these newer technology electric buses during our most demanding time period on an electric bus battery--the summer. It is the intent to execute mutual agreements with the corresponding bus manufacturers for the 30-day demonstration period, subsequent to Board approval of this item. The Purchasing Director, in coordination with the County Attorney's office, will be responsible for the drafting of the mutual agreements with the bus manufacturers.

As background, on June 14, 2016, (Item No. 8), the Board approved an Electric Bus Demonstration Project, at no cost to the County, with three bus manufacturers, Build Your Dreams Motors, Inc. (byd), New Flyer of America, Inc. (NFA) and Complete Coach Works (CCW), in response to RFI No. V2111285F1, during the summer recess.  NFA never provided the Transit Division (BCT) with an electric bus for testing and evaluation. During August and September 2016, BCT tested and evaluated two buses provided by CCW and byd. The CCW bus was a remanufactured bus.  Proterra was unable to provide a bus for that RFI, but expressed interest in future projects.

Besides reducing air pollutants and greenhouse gas emissions that contribute to climate change, all electric buses will also significantly reduce fuel and maintenance costs. These buses do not require fuel, engine oils, transmission fluids, antifreeze, emission control equipment, and the associated filters and costs to dispose of used oils, fluids and filters are eliminated. The buses are all ADA compliant and meet all Federal Transit Administration (FTA) requirements, as well as Federal Motor Vehicle Safety Standards (FMVSS) and Florida Motor Vehicle standards. In addition, proposers are to provide all equipment & parts necessary to charge the vehicles as well as maintain them during the testing period and also provide a qualified technician/trainer free of charge during the testing period.