Agenda 01/12/2016 Item #13A 1/12/2016 13.A.
EXECUTIVE SUMMARY
To provide the Board of Collier County Commissioners information regarding a portion of an
outstanding invoice received by Collier County Board of County Commissioners on or about
September 11,2015 from Gillig LLC pursuant to the Indefinite Delivery Indefinite Quantity
(IDIQ) Contract# 14-009 dated December 5,2013; and inform the Board of other matters
regarding this Contract.
OBJECTIVE: To bring to the Board of Collier County Commissioner's (BCC) attention the certain
items pertaining to the September 9, 2015 Invoice#58719 (received on September 11, 2015) that has not
been paid in full despite requests from Gillig LLC (Vendor) and BCC Staff; and to make the BCC aware
of other matters regarding the procurement of Contract #14-009 and actions of BCC Staff and the
Vendor; and to assist in providing public transparency into the BCC procurement and purchasing
process by providing the general public insight into the manner in which public funds are being
expended.
CONSIDERATIONS: On or about September 25, 2015 BCC Staff requested the Clerk of the Circuit
Court and Comptroller (Clerk) to make full payment of the invoice #58719 totaling $428,222.00.
Presently, there remains an outstanding balance of$22,002.00. The bus was shipped and received by
BCC Staff with parts and items that are not in conformance with the BCC approved Contract. The items
in question, totaling $22,002.00 were substituted by BCC staff without BCC approval. Clerk's staff
requested cost verification from BCC staff and the Vendor, to date has not received this support. The
Contract requires the Vendor to provide cost documentation upon request.
Upon further review of RFP 13-R06 and Contract 14-009 Clerk staff has ongoing concerns regarding
the procurement process, including but not limited to:
• BCC approval of funding authority;
• Procurement methodology of this Contract;
• The method in which substitutions were made to the bus; and
• Availability of cost documentation.
Finally, it was our understanding these outstanding items on Invoice # 58719 totaling $22,002.00 were
to be placed on the BCC December 8, 2015 Agenda, for BCC consideration and action, however this did
not occur.
FISCAL IMPACT: May be in excess of $6,000,000 in present and future expenditures for 14
additional buses from the Vendor as allowed in Contract#14-009.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the BCC review, and if it determines appropriate, authorize the
expenditure of funds for parts, items and costs that are now being presented in the amount of
$22,002.00; and consider referring Contract#14-009 to the proper authorities for further review.
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1/12/2016 13.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 13.13.A.
Item Summary: To provide the Board of Collier County Commissioners information
regarding a portion of an outstanding invoice received by Collier County Board of County
Commissioners on or about September 11, 2015 from Gillig LLC pursuant to the Indefinite
Delivery Indefinite Quantity (I0IQ) Contract#14-009 dated December 5, 2013; and inform the
Board of other matters regarding this Contract.
Meeting Date: 1/12/2016
Prepared By
Name: MilumJennifer
Title: Office Assistant,Clerk of Courts
1/6/2016 12:04:20 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/6/2016 1:51:14 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 1/6/2016 1.:51:22 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/6/2016 3:00:59 PM
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1/12/2016 13.A.
December I. 2014
Ms. Yousi Cardeso
Operations Analyst
Alternative Transportation Modes Dept.
Collier Area Transit
2901 County Ram Rd
Naples. H 341 12
Dear Yousi.
Thank you fir)our interest to purchase One(1)41)' l.uu Floor Diesel bus utilising the
I.vnx (Florida Consortium) contract 14-009.
I prepared the Ibllouing price quote using the specifications from your previous order
and other changes as per your request. I also included the 1'1'l 1413 price adjustment per
contract. Please rekrence the price summary dated December I. 2014 For complete
details.
Gillig is pleased to quote the rollom ing:
(1)40' IS DIESEL S 428,848.00 Each
This price is Valid for Thirty (30)days and is FOR Naples. FL. Prices exclude any taxes
and license lees. Production schedule N%ill he determined upon receipt of firm purchase
order.
We thank you for this opportunity and appreciate )our continued interest in C;illig and
our products. Should)ou have any questions. please do not hesitate to contact me.
Sincerely.
Dutch Sibley
Regional Sales Manager
C;iIU t 1.I.0
(510) 589-9430
Thank You C'or S 'ppor6`In9 ,tnietican
extuerr
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PRICE SUMMARY 12-1-2014
COLLIER COUNTY(NAPLES, FL)
(1)40'LF DIESEL,SN TBD
LYNX FL CONSORTUIM 40'LF DIESEL BASE PRICE 12-13 $388,963.00
ACTION ITEM COST
BASE 2013 Cummins ISL 280 HP Diesel Engine INCL
BASE Standard Front Cap, Rear Cap and Engine Door Styling INCL
BASE Donaldson(RBX00-2277)Air Intake Restriction Indicator INCL
BASE Spin-On Oil Filters INCL
BASE Femco Auto Drain INCL
BASE Delco 42MT Electric INCL
CHANGE Modine Hydraulic Cooling System
BASE Oetiker Constant Tension Clamps INCL
CHANGE Delco 5ODN Alternator $0.00
BASE Allison B400R,GEN IV INCL
BASE Titan Probalizer II OD-1014 Extraction Port INCL
CHANGE Hub Piloted Wheels,Axles with Oil Seals $120.00
BASE No Hubometer INCL
CHANGE S-Cam Drum Brakes
BASE (7)Steel Powder Coated Finish Wheels INCL
CHANGE Gillig Purchased Tires(7- Michelin XZU2 12R22.5) $4,949.00
BASE Douglas Steering Column(Standard Steering Column) INCL
BASE Protective Sleeves(High Pressure Lines) INCL
BASE Standard 120 Gallon Net Useable Fuel Tank INCL
CHANGE Standard Gravity Fuel Fill
CHANGE Davco Fuel Pro $641.00
BASE Engine Run Control and Start Switch, Compartment Light Switch INCL
BASE Engine Comp. Electrical gauges- Oil Pressure and Coolant Temperature INCL
ADD Rear Engine Hand Throttle $189.00
BASE Cummins 37.4 CFM INCL
BASE SKF, HCT_2000 Duraguard Air Dryer INCL
BASE Shop Air Connection Milton S790 INCL
BASE (2) DEKA 8D Side Lug or Top Post Connections INCL
CHANGE (1)Anderson 350 Jump Start Connector ,.t:`i .)
BASE Lift-U Ramp(LU-18), Front Door INCL
CHANGE TK T-14,X426 Compressor, Brushless Evap. &Cond. Motors, R134a
CHANGE Delete Modified Houston Pulldown Package(Add Enhanced Insulation Package)
BASE MCC Drivers Heater- Brushless Motor, Left Foot Vent, 1/4 Turn Valves INCL
BASE 34" Rear Door-Air Open/Spring Close (Full Driver's Control) INCL
CHANGE 44H X 20D X 22.5W, W/ Key Lock and (2) 5/16'Square Key Locks $0.00
CHANGE AMSECO Metropolitan w/VR 50 Padded Fabric Inserts and Energy Absorbing Grab Handles
BASE Hinged Rear Setee INCL
BASE AMSECO-A.R.M. System w/ Remote Belt Release INCL
ADD Q'Straint QRT Belts and Retractors $380.00
ADD Passenger Info Station(OBIC 19/26 Naples)(Same as SN 184199) $414.00
CHANGE USSC 9100 ALX
CHANGE Ricon Full Fixed Bonded Passenger Windows $844.00
ADD 6 Mil Film Window Guards $1,720.00
BASE Pull Cords(Yellow)with Touch Pad at Wheelchair Location INCL
ADD Stop Request Lamp Mounted on Driver's Dash $35.00
BASE SSTL Vertical Stanchions, Grabrails and Modesty Panel Tubes INCL
CHANGE Delete Farebox Guardrail
BASE Horizontal Grabrail on C/S and S/S Wheelhousing INCL
ADD Vertical Stanchion Rails at Front Wheelhousings $152.00
CHANGE Vinyl Coated Nylon Grab Straps(10 Total)
BASE Standard Melamine Panel Lower Section(Aft Rear Door) INCL
BASE I/O Controls LED Interior Lights INCL
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PRICE SUMMARY 12-1-2014
COLLIER COUNTY(NAPLES, FL)
(1)40'LF DIESEL,SN TBD
ACTION ITEM COST
ADD Ceiling Mounted LED Farebox Light $84.00
CHANGE (4) Halogen Headlights • ; .'w
BASE 4" Diameter-Turn, Tail , Brake, Reverse INCL
BASE (4)4"Red LED Brake Lamps 2 @ Bottom of HVAC Door,2 @ Top of HVAC Door INCL
ADD Red LED"STOP" Lamp on Lower Ceneter HVAC Door $434.00
ADD Triangle Style Amber LED Yield Sign Mounted Lower SS HVAC Door $600.00
BASE Power Circuit( Route to RH Dash&Ele.Equip. Box ), Roof Mount RF/GPS/Cellular Antenna. INCL
ADD Maycom Mobile M7300 2-Way Radio $4,998.00
ADD Low Profile 800 MHz Antenna(ASP 931) $125.00
BASE REI Model 750040 PA System w/Handheld Mic w/(8)Speakers 40' INCL
ADD Avail Pre-Wire W/ 2 Door APC $12,272.00
CHANGE Luminator Gen 4 100%Amber LED Front, Curbside Only(No Rear) i,u Ui",
CHANGE DeleteTransign Mechanical with Four Characters(3 number, 1 letter) Display :i'.. -.0())
BASE No Farebox,Gillig provided Power Circuit&Grounding Strap INCL
BASE Green Wood Plywood with RCA Rubber INCL
BASE Manual Front and Rear Roof Hatches INCL
CHANGE B &R 10 x 11, Remote Control(both sides), Bilk. Cast Aluminum Arms $296.00
CHANGE 4.5"X 15" Interior Mirrror $0.00
BASE I/O Controls, Dinex G3 System INCL
BASE Amerex V25 System Fire Suppression INCL
BASE Protective Sleeves on High Pressure Lines INCL
ADD Angel Trax 5 Camera, 1 TB HDD, Wireless, Impact Sensor $6,860.00
ADD Sportworks 2-Position S/S Bike Rack $1,471.00
ADD Bike Rack Indicator Mounted on Driver's Dash $30.00
BASE Fire Extinguisher and Safety Triangle Kit INCL
BASE Speedometer,Air Pressure Gauge, 12/24 Volt Gauges, DEF Gauge on Driver's Dash INCL
ADD Fuel Guage on Driver's Dash $171.00
BASE Roller Style with Pull String Release INCL
BASE Williams Controls 41 Degree Throttle Pedal (non adjustable) INCL
BASE One Color w/ Black Mask at Windows w/Roof Numbers(Up to Four 24" High Decals) INCL
ADD One Additional Paint Pass $941.00
BASE Driver's, Service, Parts, Electrical, (1)per 3 bus order&(1)CD,Vendor(1)per 3 bus order INCL
BASE Complete Bus- 1 year/Unlimited Miles INCL
BASE Engine- 5 Year/300,000 Miles INCL
BASE Transmission- 5 Year/Unlimited Miles INCL
BASE Differential - 2 Year/Unlimited Miles INCL
CHANGE HVAC-2 Year Unlimited Miles Base • 1.').),'co
BASE Starter Motor- 1Year/Unlimited Mites INCL
BASE Basic Body Structure- 3 Year Unlimited Miles INCL
CHANGE Wheelchair Ramp-( Lift-U)2 Year/Unlimited ( Parts&Labor) ,,;` '.y
BASE Exterior Paint- 3 year Unlimited Miles INCL
BASE Structure/Body Integrity Against Corrosion- 7 Year/Unlimited Miles Base INCL
BASE Sub Floor- 12 Year/Unlimited Miles INCL
BASE Rubber Floor Material- 12 Year/ Unlimited Miles INCL
BASE Body and Window Frames Against Leakage- 7 Year Unlimited Miles INCL
COLLIER COUNTY CHANGES $23,947.00
DELIVERY $7,447.00
LYNX(FL CONSORTIUM)40'LF DIESEL BASE PRICE $388,963.00
COLLIER COUNTY 40' LF DIESEL BASE BUS PRICE 12-'13 $420,357.00
PPI 1413 AD3USTMENT 232.3(OCT14) / 227.7(DEC'13) = 2.02% $8,491.00
COLLIER COUNTY 40'LF DIESEL BASE BUS PRICE 12-1-2014 $428,848.00
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PRICE SUMMARY
8/5/2015
NAPLES, FL (PIGGY BACK ON LYNX RFP# 13-R06)
(1) 40' LOW FLOORS
SN: 184208
ITEM COST
NAPLES, FL 40'LOW FLOOR BASE UNIT PRICE(12/1/2014) $428,848.00
ACTION SECTION PRE•PRE-PRODUCTION MEETING CHANGES(VOUSI CARDESO)9/26/2013
CHANGE 2 RETARDER TO 1/3 BRAKE 2/3 THROTTLE USING 4&7 PSI SWITCHES $0.00
CHANGE 6 MICHELIN XZU2 TIRES(7)TO FIRESTONE FS560 PLUS(H) 12R22.5(7) $0.00
CHANGE 55 INTERIOR MIRROR TO 8.25 X 16 $0.00
EMAIL CHANGES(YOUSI CARDESO)3/10/2015
CHANGE 1 COOLING SYSTEM TO EMP W/EMP ALTERNATOR $2,450.00
DELETE 37 3M 4 LAYER TEAR OFF GUARDS FROM PASSENGER WINDOWS ($1.720.00)
DELTE 39 TRIANGLE YIELD SIGN (5500.00)
ADD 39 ROUND DIALIGHT YIELD SIGN $242.00
ADD 39 (2)7"BRAKE LIGHT WITH 10 DEGREE BEZEL TO HVAC DOOR $100.00
CHANGE 39 STOP,TURN AND TAIL LIGHTS TO 7" $0.00
DELETE 41 MAYCOM MOBILE M7300 ($4,998.00)
ADD 41 MAYCOM MOBILE M5300 $3,900.00
ADD 74 CUMMINS WARRANTY TO INCLUDE TOWING OR TRAVEL $1,150.00
EMAIL CHANGES(YOUSI CARDESO)3/25/2015
DELETE 74 CUMMINS WARRANTY TO INCLUDE TOWING OR TRAVEL ($1,150 00)
EMAIL CHANGES(STEPHEN HAYES)6/12/2015
CHANGE 27 DRIVERS SEAT SLIDE TO"10 INCH"SLIDE $0.00
PHONE CALL CHANGES(STEPHEN HAYES)8/5/2015
CAHNGE 6 FIRESTONE FS560 PLUS(H) 12R22.5 (7)TO FIRESTONE FS561 12R22.5(7) 0
NAPLES, FL 40'LOW FLOOR BUS PRICE(815/2015) $428,222.00
SPARES&TOOLING BUDGET
NAPLES, FL SPARES&TOOLING BUDGET(TO DEFERRED ACCOUNT) $0.00
CONFIDENTIAL
This pricing information is intended only for the personal and confidential use of the redpient(s)to whom it was originally sent.If you are not an Intended recipient of this
information or an agent responsible for delivering it to an intended recipient,you are hereby notified that you have received this information in error,and that any review,
dissemination,distribution,or copying of this message is strictly prohibited.
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liE011!!1!!! INVOICE
(BILL OF SALE) rr PAYMENT TO:
OILLIG uC
PA.aox 45369
CUSTOMER COPY MN_ NCIsCO,CAM14545 9
PHONE NO: 51%}71541506
INVOICE NUMBER 58719
INVOICE DATE 9/W2015
SOLD TO SHIP TO
COLLIER COUNTY BOARD OF COUNTY Alternative Transportation Modes Dept
COMMISSIONERS Stephen Hayes Collier County Fleet MgmtPrincipal
3299 TAMIAM/TRAIL EAST 11700 Auto Technician
NAPLES,FL 34112 8300 Radio Road
Naples,Florida 34104
Cell(239)-398-1894
AP
CONTRACT NU*43ER: RFP 13-R06 BUS NO: CC2-1008
CONTRACT DATE: VIN NUMBER: 15GGD2718F1184208
P.O.NUANER: 4500156417 CHASSIS S/N: 184208
P.O.DATE: 12/29/2014 ENGINE S/N: 73875262
TRANSMISSION-SIN: 6511331649
ONE GILLIG"LOW FLOOR"TRANSIT BUS,40 FOOT LENGTH,IN COMPLIANCE WITH BID SPECIFICATIONS
UNIT PRICE AS OF PRICE SUMMARY DATED 8/5/15 $428,222.00
SEP . 1 2015
EiteCtive,`01401,09
federal Tax i a 254085364 I TOTAL INVOICE AMOUNT: EXHIBIT
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LYNX
Justification for Other Than Full and Open Competition
RFP#13-R06
Heavy Duty Transit Coaches
9/4/2013
Other than Full and Open Competition for this purchase is required because:
Single Bid or Proposal(Adequate Competition):The reasons for few responses were caused by
conditions beyond the Authority's control.Among other reasons and methods of justification, this is
most often determined by surveying the vendor pool.Typical responses may include that the vendor
had received notice, but had not put the item on their calendar,or that they had too many other
projects bidding.The Authority must be confident that the bid or proposal was submitted under an
assumption of competition on the part of the single bidder or proposer.
Follow on Work:Is it likely that this sole source will lead to additional sole source contract work? na
The determination above that the single proposal,submitted by Gillig LLC,was submitted under an
assumption of competition is based on the following facts: 1. Multiple bus manufacturers were present
at the Pre-Proposal Conference;2.As a result of Industry Review,the specification was revised to
reflect a more performance driven APTA standard based specification; 3.A question(although
submitted after the questions deadline)was received from a competitor during the solicitation process
which indicated that they were considering tendering a proposal.
LYNX did receive two"No-Bid"letters on the day of bid. The letter from New Flyer stated that the
contractor was making a decision not to bid due to not allowing for multiple award.The second letter,
from North American Bus industries(NABI), stated that the solicitation requirements,as well as the
method of solicitation(RFP vs IFB),favored the incumbent Both companies submitted responses to
the industry review of the Solicitation prior to release of the RFP. LYNX and the FPTA took industry
comments into consideration,and changed the Final RFP to accommodate,to the extent possible,any
concerns.This resulted in a major overhaul of the specification. No comments were received from
either company during the Q&A period of the Final RFP. New Flyer did submit a request to extend the
period of solicitation following the Q&A period,which LYNX determined was not necessary.
This provides further evidence that at least one more manufacturer was able to provide competition,
but chose not to propose. It is also important to note that,during the RFP period, New Flyer bought
NABI, and they are now,essentially, one company. It is also important to note that the two companies
petitioned LYNX to after the RFP to award under a multiple award scenario, or a low,responsive,
responsible scenario, the two basic alternatives to the RFP process,and it appears that,essentially,
New Flyer and NABI wanted LYNX and the FPTA to adopt a different solicitation process altogether.
Aside from collusion(which is not suspected in this instance), there would have been no way for Gillig
to know that a competitor was not going to provide competition.As LYNX had every expectation that at
least one additional proposal was going to be submitted, it can be reasonably assumed that Gillig
would have that expectation as well.
n
Director of rocur ent
EXHIBIT
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ATTACHMENT 2 TO EXHIBIT"B"
CONFIDENTIAL ¢%
GILLIG'S BASE EQUIPMENT AND ALTERNATIVES PRICE SHEET
As you have just reviewed, Gillig has submitted Exhibit A to RFP PART IV Price Proposal
Options in accordance to the RFP. You specifically request that document should not be altered.
However,Gillig has recognized there are a number of line items in those Price Sheets that:
• list components as the BASE which are in conflict with the Technical Specifications (the
RFP states elsewhere that in the event of any discrepancies or conflicts, the Technical
specifications shall govern)
• are obsolete due to technology changes
• have item descriptions that do not match the specific application
• are not identified in current Florida bus order configurations commonly used by LYNX
and the other Florida agencies
Therefore, in addition to the required LYNX Exhibit A to RFP Part IV Price Proposal Options
Form, Gillig is pleased to offer and supply as part of our proposal a separate and more complete
updated listing of the Base Equipment and Alternatives Price Sheet that will be more beneficial to
LYNX and the Procuring Agencies for this new contract. Much of the pricing will correlate
between the two lists, however the Gillig supplied Base Equipment and Alternatives Price Sheet
is more pertinent and inclusive with current nomenclature. We trust this will be very useful.
FOR THE ELECTRONIC' COPY OF THIS CONTRACT CONFIDENTIAL
PRICING HAS BEEN INCLUDED t1ND1.-:R SEPARATE COVER.
:. , EXHIBIT
— . ., •
ai
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