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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. Packet Page -323- 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 Packet Page-324- 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 Packet Page-325- 1/12/2016 13.A. 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 Packet Page-326- 1/12/2016 13.A. 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 Packet Page-327- 1/12/2016 13.A. 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. Page 1 of 1 Packet Page-328- 1/12/2016 13.A. 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 Packet Page-329- 1/12/2016 13.A. 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 Packet Page-330- 1 I 1/12/2016 13.A. 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 Packet Page-331-