MEETING: DATE: TYPE OF ACTION: STAFF CONTACT: Operations and Administration Committee

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1 MOTION NO. M Cntract fr the Cmpletin f a Disparity Study MEETING: DATE: TYPE OF ACTION: STAFF CONTACT: Operatins and Administratin Cmmittee 09/06/2018 Final Actin Leslie Jnes, Directr f Small Business Develpment and Labr Cmpliance Beverly Cbb Zahir, Small Business Prgram Manager PROPOSED ACTION Authrizes the chief executive fficer t execute a ne-year cntract with Griffin & Strng, P.C. t cnduct a disparity study fr a ttal authrized cntract amunt nt t exceed $288,350. KEY FEATURES SUMMARY Sund Transit is required t establish and administer a Disadvantaged Business Enterprise (DBE) Prgram as a Federal Transit Administratin (FTA) funding recipient that awards prime cntracts in $250,000. A disparity study is necessary t prvide Sund Transit with the analysis needed t determine the nature f and the extent t which remedial actins are necessary t achieve the purpses f the DBE Prgram in accrdance with FTA regulatins. The study scpe f wrk includes: Reviewing Sund Transit s current DBE gals and methdlgy Develping a legal framewrk and prducing an analysis f federal requirements and state laws related t a Federal DBE Prgram Analyzing the use f minrity and wmen-wned firms and the cntract amunts thse firms wuld be expected t receive based n their type and size Summarizing disparities between minrity/ wmen-wned firms and firms that are neither minrity nr wmen-wned Prducing a final reprt that includes recmmendatins fr the Agency s DBE Prgram BACKGROUND A new disparity study is necessary t supprt the Sund Transit DBE Prgram. The disparity study frm which Sund Transit disaggregated data t supprt its current DBE prgram was cnducted five years ag and the shelf life fr disparity studies are generally cnsidered t be five t six years. The statistical dcument upn which Sund Transit determined its utilizatin gals fr the DBE prgram was derived frm a 2016 availability and disparity study cnducted by Brwn, Brtz & Cddingtn, Inc. Sund Transit subsequently engaged Brwn, Brtz & Cddingtn, Inc., t disaggregate that data t establish the statistical basis fr Sund Transit s DBE utilizatin gals. FTA as well as federal case law strngly indicate that bth statistical and anecdtal data must be dcumented t measure the existence and extent f discriminatin in the specific marketplace; that

2 DBE utilizatin must be narrwly tailred t the evidence f discriminatin in the specific marketplace; and that data must be timely and current. Cnsistent with the United Stated Department f Transprtatin regulatins and guidelines, Sund Transit will submit t the FTA it gals fr DBE utilizatin based upn the analysis, dcumentatin and recmmendatins that will be prvided by Griffin and Strng, Inc. The anticipated cmpletin date is June PROCUREMENT INFORMATION Prir t issuing the slicitatin fr these services, Sund Transit cnsidered the prject scpe, the determining factrs fr cntract award, and the need fr prpsal discussins and revisins, and determined that a Request fr Prpsals prcurement methd was the mst advantageus. Sund Transit advertised Request fr Prpsals N. RTA/RP n April 4, Five firms submitted a prpsal, and the prpsals were evaluated based n the advertised evaluatin criteria including firm experience and histry; knwledge and experience f key individuals; prject apprach, rganizatin, and capacity; price; and cmmitment t and cmpliance with equal pprtunity emplyment law. Griffin & Strng, P.C. was identified as the tp ranked firm. As it was determined that Griffin & Strng s prpsal ffers the best value, cntract award t this firm is in the best interests f Sund Transit. Griffin & Strng s rates are fair and reasnable based n cmparisn f the cmpetitive market rates submitted by the ther prpsers fr these services and cmparisn t the independent cst estimate (ICE). Sund Transit s ICE was determined t be $400,000. The agreed price fr the cntract is $288,350 which is $111,650 less than the ICE and Requisitin amunt. This is a savings f 39 percent frm the ICE. FISCAL INFORMATION The prpsed actin will be funded frm the services categry within the Executive department s annual perating budget. The services categry budget is $6.7 millin, f which a ttal f $120 thusand is estimated t be spent in the first year f the cntract and is within the agency s budget authrity. After apprval f this actin, the remaining annual budget amunt will be used t fund ther department expenditures anticipated in the 2018 annual budget. Mtin N. M Page 2 f 4 Staff Reprt

3 Disparity Study Budget Table Executive (in thusands) Cst Categry 2018 Annual Operating Budget 1 YTD Actuals 2 This Actin (Current Year Impact Only) YTD Actuals Plus Actin (Current Year Only) Remaining Annual Operating Budget Salaries and Benefits $24,004 $11,816 $ $11,816 $12,188 Services 6,744 1, ,999 4,746 Materials and Supplies $ Utilities 1 $ Miscellaneus 3,476 1,065 $1,065 2,411 Leases and Rentals $35 67 Ttal Annual Operating Budget $34,542 $14,868 $120 $14,988 $19,553 Cntract Spending Plan Spending t Date 3 Frecasted Spend fr Remainder f 2018 Future Spending Ttal Griffin & Strng P.C. $ $120 $168 $288 Prpsed Revised Cntract Detail Bard Apprved Cntract Value Prpsed Actin Bard Apprved Cntract Value Griffin & Strng P.C. $ $288 $288 Cntingency Estimated Taxes Cntract Amunt - Ttal $ $288 $288 Percent Cntingency 0% 0% 0% Ntes: Annual Operating Budget is lcated n page 23 f the Adpted Budget bk. 2 YTD Actuals as f July 31, Spending t Date as f July 31, SMALL BUSINESS/DBE PARTICIPATION Sund Transit prmtes and encurages small business participatin, which als includes Disadvantaged Business Enterprises (DBEs). Small Business and DBE gals are based upn an examinatin f subcntracting pprtunities cntained in the wrk f this cntract and the number f Small Businesses/DBEs available t perfrm such subcntracting wrk. Fr this cntract, the fllwing Small Business/DBE Participatin cmmitments were made: Small Business: 100% DBE: 3% Subcnsultant Business Type % f Wrk Amunt Griffin & Strng, P.C. Small Business 100% $100, The Planning Studi Small Business 7% $ 20, Henry Yates Cnsulting DBE 3% $ 8, Ttal 100% $288, Mtin N. M Page 3 f 4 Staff Reprt

4 PUBLIC INVOLVEMENT Nt applicable t this actin. ENVIRONMENTAL REVIEW KH 8/23/18 LEGAL REVIEW AJP 8/31/18 Mtin N. M Page 4 f 4 Staff Reprt

5 MOTION NO. M A mtin f the Operatins and Administratin Cmmittee f the Central Puget Sund Reginal Transit Authrity authrizing the chief executive fficer t execute a ne-year cntract with Griffin & Strng, P.C. t cnduct a disparity study fr a ttal authrized cntract amunt nt t exceed $288,350. BACKGROUND: Sund Transit is required t establish and administer a Disadvantaged Business Enterprise (DBE) Prgram as a Federal Transit Administratin (FTA) funding recipient that awards prime cntracts in $250,000. A new disparity study is necessary t supprt the Sund Transit DBE Prgram. The disparity study frm which Sund Transit disaggregated data t supprt its current DBE prgram was cnducted five years ag and the shelf life fr disparity studies are generally cnsidered t be five t six years. A disparity study is necessary t prvide Sund Transit with the analysis needed t determine the nature f and the extent t which remedial actins are necessary t achieve the purpses f the DBE Prgram in accrdance with FTA regulatins. The statistical dcument upn which Sund Transit determined its utilizatin gals fr the DBE prgram was derived frm a 2016 availability and disparity study cnducted by Brwn, Brtz & Cddingtn, Inc. Sund Transit subsequently engaged Brwn, Brtz & Cddingtn, Inc., t disaggregate that data t establish the statistical basis fr Sund Transit s DBE utilizatin gals. FTA as well as federal case law strngly indicate that bth statistical and anecdtal data must be dcumented t measure the existence and extent f discriminatin in the specific marketplace; that DBE utilizatin must be narrwly tailred t the evidence f discriminatin in the specific marketplace; and that data must be timely and current. Cnsistent with the United Stated Department f Transprtatin regulatins and guidelines, Sund Transit will submit t the FTA it gals fr DBE utilizatin based upn the analysis, dcumentatin and recmmendatins that will be prvided by Griffin and Strng, Inc. The anticipated cmpletin date is June 2018.

6 MOTION: It is hereby mved by the Operatins and Administratin Cmmittee f the Central Puget Sund Reginal Transit Authrity that the chief executive fficer is authrized t execute a ne-year cntract with Griffin & Strng, P.C. t cnduct a disparity study fr a ttal authrized cntract amunt nt t exceed $288,350. APPROVED by the Operatins and Administratin Cmmittee f the Central Puget Sund Reginal Transit Authrity at a regular meeting theref held n September 6, ATIEST: 0 Opera ins and Administratin Cmmittee Vice Chair ~7. ><7- Bard Administratr Mtin N. M Page 2 f 2

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