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Agenda 06/14/2011 Item #16A24 6/14/2011 Item 16.A.24. EXECUTIVE SlTMMARY Recom endation to approve the purchase of three fixed-route buses with trolley decal wraps r Collier Area Transit in the amount of $1,123,911 funded with FTA 5307 FYI0 grants. These buses are scheduled replacements and are consistent with the adopted 2010 Transit Development Plan (TDP). I OBJEcrnVE: To acquire Board approval to purchase three fixed-route buses with trolley decal wrap f01 Collier Area Transit with FT A 5307 FYI 0 grant. CONSIDERATION: Staff requests approval to purchase through the Florida Transit consortIum Bus Procurement Contract (Lynx Contract 09-C05), three (3) Gillig heavy-duty fixed ro te buses from Gillig Corporation, Haywood California, at a total cost of approximately $1,123, . 11. The total cost includes $1,108,029 for the purchases of buses and an additional $15,882 for purchase of the wraps. These buses are scheduled replacements and are consistent with the adopted 2010 Transit Development Plan (TDP). The fixed route buses will be purchasbd with FY 10 Federal Transit Administration (FT A) 5307 fommla grant money, which is awarjed for capital expenses. The FI, rida Transit Consortium Bus Procurement Contract (Lynx Contract 09-C05) was develop~d by all 25 public transit systems in Florida. The Central Florida Regional TranSPOfl~iation Authority (Lynx) took the lead on preparing this contract and continues to update it every year. This RFP/contract was prepared in consultation and guidance from Federal Transit Adminitration (FTA) and has been reviewed and audited by FTA every year for concurrency (see at! ched FTA compliance letter review). As part of Collier Area Transit (CAT) 2010 Federal!TranSit Administration Triennial Review, this RFP was reviewed and found compliant. As am mber of the Consortium, CAT pays a $500 fee for every bus we purchase using this contrac . Some of the benefits of using the Consortium Contract are that smaller transit agencies such as CAT ~d many others in the state of Florida can benefit from not having to prepare such a complex Request for Proposal scope and contract. Smaller agencies that do not have large admini~'trative staff greatly benefit from having many transit agencies combine their efforts and knowlec!lge. Another benefit is the economies of scale. By this joint effort, all 25 transit agencie~ have a larger purchasing power (procuring hundreds of buses per year), therefore being able to Inegotiate a better price than a small transit agency such as ours would receive (only purchasrng one or two buses per year). FISCAl IMJ> ACT: Sufficient budget exists to fund the desired acquisition. These replacement buses ~I'ere plam1ed and programmed for purchase through the FTA 5307 FYI0 grant in Fund 424 Pr .ect 33119. The trolley wrap will be purchased through FTA 5307 ARRA grant in Fund 125 Pr . ect 33045. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorn~'s Office, is legally sufficient for Board action and only requires a majority vote for Board approval-SRT. Packet Page -1198- . . . . . . 6/14/2011 Item 16.A.24. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Transportation Element ofthe Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the purchase of three (3) fixed-route buses through Gillig Corporation under the Florida Transit Consortium Contract (Lynx Contract 09-C05). Prepared by: Y ousi Cardeso, Administrative Assistant & Glama Carter, Public Transit Manager, Altemative Transportation Modes Attachments: (1) Quote from Gillig Corporation; (2) Contract # 09-C05. Packet Page -1199- 6/14/2011 Item 16.A.24. COLLIER COUNTY . Board of County Commissioners Item NUlmber: 16.A.24. . Item surmary: Recommendation to approve the purchase of three fixed-route buses with trOlley decal wraps for Collier Area Transit in the amount of $1,123,911. These buses are scheduled replacements and are consistent with the adopted 2010 Transit Development Plan (TOP). I Meeting Date: 6/14/2011 I Prepare By Name: ardeso Y ousi Title: A ministrative Assistant,Altemative Transportatio 5/17/2011 9:42:45 AM Submittd by Title: M~ager - Public Transit,Alternative Transportation Modes Name: ~arterGlama 5/17/20111 9:42:46 AM . Approv d By Name: otoCaroline Title: M nagement/Budget Analyst,Transportation Administr Date: 5/~812011 9:31:01 AM Name: BrilhartBrenda Title: pJrchasing Agent,Purchasing & General Services I Date: 514/2011 4:37:43 PM Name: mol dMichell e Title: drector - Alt Transportation Modes,Altemative Tr Date: 5125/2011 9:28:22 AM Name: tamellSteve Title: Diirector - Purchasing/General Services,Purchasing Date: SA2S/2011 3:38:22 PM . Packet Page -1200- . . . 6/14/2011 Item 16.A.24. Name: CarterGlama Title: Manager - Public Transit,Alternative Transportation Modes Date: 5/26/2011 10:08:10 AM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & Construction Management Date: 5/27/2011 9:35:03 AM Name: FederNorman Title: Administrator - Growth Management Div,TranspOltati Date: 5/27/2011 2:39:06 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/31/2011 3:25:35 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 6/2/2011 9:51 :01 AM Name: KlatzkowJ eff Title: County Attorney, Date: 6/3/2011 3:05:50 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 6/5/2011 7:43:24 PM Name: OchsLeo Title: County Manager Date: 6/6/2011 12:26:37 PM Packet Page -1201- 6/14/2011 Item 16.A.24. . May 16,2011 Ms. lama Carter CoIl er Area Transit-Principal Planner CoIl er COUllty- Transportation Services Division Call er Area Transit 290 I County Barn Rd Nap es, Fl34112 I Dear Glama, Th !" you for your interest to purchase Three (3) 35' Low Floor Diesel. bus ,by u1i1~ng the!ynx (FloncIa ConsortiUm) contract #09-C05. Attached for your reVIew IS the pnce sumh;ary which includes the options as outlined in your pervious order and the associated PPI Index price adjustment. GilJg is pleased to quote the follo'wing: I . (3) 35' LF Diesel Bus $ 374.637.00 Each Thi price is valid for thirty (30) days and is FOB Naples, FL. Prices exclude any taxes and license fees. Production schedule will be determined upon receipt of:firm purchase ord r. We thank you for this opportunity and appreciate your continued interest in Gillig and our roducts. Should you have any questions, please do not hesitate to contact me. S. interelY' ,,~~i-( ~- (J ., But~h Sibley ~ Re~ona1 Sales Manager Gillig LLC (5It) 589-9430 . - ."1" bSJllevi{l':!:!lU HI. com Jan.f You .f'or 5up?oJ-t;"j /1 . R./Ylerr c...C.lj? ---::==-- -r I I --L;;,,?~;;'~~:~~.:~~~~.::r--_ \..,ooS.. ~~~~......- ~"... . Packet Page -1202- 6/14/2011 Item 16.A.24. . PRICE SUMMARY 5-16-2011 COLLIER AREA TRANSIT, NAPLES, Fl (3) 35' IF DIESEL, SN: TBD LYNX (FLORIDA CONSORTIUM) 35' LF DIESEL BASE PRICE 12/08 $316,188.00 ACTION ITEM COST ADD 2010 EPA ENGINE AND EQUIPMENT $27,179.00 ADD DA VCO FUEL PRO 384 $413.00 ADD C/R OIL SEALS (FRONT AND REAR) ($60. PER AXLE X 2) $120.00 ADD REAR ENGINE THROTTLE CONTROL $189.00 ADD OIL PRESSURE GUAGE J1939 (REAR RUN BOX) $58.00 ADD COOLANT TEMP GUAGE J1939 (REAR RUN BOX) $61.00 CHANGE T/K SYSTEM w/ X 426 COMPRESSOR ($1,900.00) ADD TIRES - GILliG PURCHASED (305/85R/22.5) $2,966.00 CHANGE DRIVERS SEAT - USSC 9100ALX WITHOUT HOLDSWORTH $446.00 CHANGE PASSENGER SEATS - AMSECO METROPOLITAN $618.00 ADD Q-STRAINT QRT W/C BELTS AND RETRACTORS $380.00 ADD PASSENGER INFO STATION OBIC 19/214P 1LTR MC $281.00 ADD GRAB RAIL AT FORWARD WHEEL HOUSING (BOTH SIDES) $136.00 . CHANGE PASSENGER WINDOWS - FULL AXED, BONDED $1,555.00 ADD WINDOW FliM TO PASSENGER WINDOWS $1,486.00 ADD JKA ENTERPRISES AUXIliARY "STOP" SIGN $561.00 ADD EXTERIOR REAR YIELD SIGN $582.00 ADD 2-WAY RADIO (MAYCOM ORION D28 MG1) $3,991.00 ADD PLEASURE RADIO TO STD AM/FM/CD $213.00 CHANGE LUMINATOR FRONT AND SIDE ONLY (DELETE REAR) ($700.00) CHANGE B&R 10 X 11 2-PIECE EXTERIOR MIRROR $296.00 CHANGE INTERIOR MIRROR 4.75" X 15" ($18.00) ADD FUEL GUAGE ON DASH $134.00 ADD BIKE RACK - SPORTWORKS DL2 BRUSHED STAINLESS STEEL $1,412.00 ADD VIDEO SURVEILLANCE (4) BUS-WATCH DVR, R8001 $4,202.00 ADD 5TH CAMERA TO SURVEILLANCE SYSTEM (CAMERA LOCATION #6) $440.00 CAT OPTIONS $45,101.00 FLORIDA CONSORTIUM 35' IF DIESEL BASE PRICE $316,188.00 DELIVERY $6,400.00 CAT 35 FT IF DIESEL BASE PRICE $367,689.00 PPI 1413 ADJUSTMENT: 218.8 (MAR'll) /217.8 (DEC '08) = 0.45 % $1,654.00 ADD EXTERIOR TROLLEY GRAPHICS PACKGE (GILliG PROVIDE & INSTALL) $5,294.00 . COLLIER AREA TRANSIT 35FT IF DIESEL BASE PRICE 5-16-2011 $374.637.00 Packet Page -1203- 6/14/2011 Item 16.A.24. . CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY CONTRACT 09-C05 Fa." HEAVY DUTY TRANSIT BUSES HIS AGREEMENT (hereinafter, the "Contract") is made as of the 11th day of ecember 2008 (the "Effective Date") by and between: HE CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY lib/a LYNX (hereinafter referred to as "LYNX"), a body politic and corporate, created y Pmt II, Chapter 343, Florida Statutes, whose address is 455 North Garland Avenue. uite 500, Orlando, Florida 32801 and . ,Gillig LLC, a California limited liability company (hereinafter referred to as the I"contractor")' with its principal place of business located at 25800 Clawiter Rd, Hayward, CA 94545 and a Federal Employer Identification Number of 26-2877063. W!IN~~~~TH: WHEREAS, LYNX was created by the above-stated charter to perform functions necessary for the achievement of an integrated, efficient and well-balanced public transportation system, and to take all steps and actions necessary or convenient for the conduct of its business; and WHEREAS, LYNX desires to obtain goods and/or services (collectively, the '.Services"), according to the requirements in RFP 08-ROt (hereinafter referred to as the "Solicitation") and as fmiher described herein; and WHEREAS, the Contractor has submitted a proposal or response in connection with the Solicitation, which has been selected by LYNX (hereinafter referred to as the "Response"); and {OIJ52523;4}L YNX CONTRACT 09-C05 Page I of 32 . Packet Page -1204- 6/14/2011 Item 16.A.24. . WHEREAS, the Contractor warrants to LYNX that it is qualified and duly licensed to furnish the Services in Florida and meet the obligations set forth in the Solicitation, the Response, and the documents detailing the scope of services attached hereto as Exhibit "A" (the "ScoDe of Services"), and as hereinafter stated; and WHEREAS, the Contractor warrants that the representations made by it in its Response to the Solicitation remain valid, accurate and binding upon it; and WHEREAS, the Contractor desires to render the Services and meet the obligations set forth in the Solicitation, the Response, and the Scope of Services and upon the terms and conditions set forth in the Contract Documents, as defined herein. WHEREAS, LYNX is the Executive Agent for certain other agencies detailed in the Scope of Services (each a "Procurinl! Al!encv" and collectively, the "Procuring: Al!encies"), which agencies also desire to obtain Services according to the requirements in the Solicitation and as further described herein; and WHEREAS, LYNX and the Contractor agree that the Procuring Agencies shall be authorized to issue individual purchase orders in accordance with the terms and conditions of the Contract. . NOW, THEREFORE, in consideration of the premises herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follow: 1. reference. RECITALS. The Recitals set forth above are incorporated herein by this 2. DEFINITIONS. Terms not defined herein shall have the meanings as set forth in the Contract Documents in the order of precedence set forth in paragraph 3 hereof. Terms not defined in the Contract Documents shall have the meanings ascribed to such terms in applicable state, local or federal regulations, including but not limited to LYNX's Administrative Rules. If there is a conflict between any defined terms, the reasonable interpretation of said term by LYNX shall govern. 3. CONTRACT DOCUMENTS. For the purposes of this Contract, the following documents are collectively referred to herein as the "Contract Documents": (a) This Contract together with aU Exhibits hereto; (b) The General Provisions of LYNX; (c) The Solicitation; and (d) The Response. In the event of conflict between the terms of the Contract Documents, the order of precedence is as set forth above. In addition, to the extent any of the terms of the . (0l352523;5} LYNX CONTRACT 09-C05 Page 2 of32 PacketPage-120S- 6/14/2011 Item 16.A.24. . I ~esponse conflict or in the reasonable opinion of LYNX are not relevant to the remaining tontract Documents, then, in that event, the provisions contained in the Response will tot be applicable and therefore not a part of the Contract Documents. ontract Documents shall further include any later amendments or change orders. 4. FURNISHING OF SERVICES. In regard to the Services to be furnished by the Contractor: (a) Furnishine of Services. The Contractor shall furnish to LYNX the Services in compliance with the Contract Documents. (b) Minimum and Maximum Ouantities. The minimum number of Buses to be purchased by LYNX and the Procuring Agencies is twenty-five (25). The maximum number of Buses to be purchased by LYNX and the Procuring Agencies is one thousand eight hundred and fourty-four (1,844). (The term "Buses" shall have the meaning set forth in the Scope of Services.) 5. TERM. (a) Initial Term. Subject to the further provisions set forth in this paragraph, the term of this Contract shall be for a period of five (5) years commencing on December 11, 2008 and ending December 10, 2013. (b) Termination. LYNX shall have the right to terminate this Contract at any time, in accordance with the provisions of paragraph 10 below. . 6. PAYMENT. (a) Pavment. LYNX or the Procuring Agency agrees to pay the Contractor for the Services the amount provided in the Scope of Services; provided, however, that LYNX shall not be responsible for any payments except when acting as a Procuring Agency. (b) Procedure for Invoicine. Invoicing for services must be rendered in accordance with LYNX policies and procedures on a monthly basis, or as otherwise provided in the Contract Documents. For orders placed by LYNX, the invoice must be sent to Central Florida Regional Transportation Authority, Accounts Payable, 455 North Garland Avenue, Orlando, Florida 32801, or such other address as may be specified by LYNX from time to time. (c) Time of Pavment bv LYNX. Subject to the terms and conditions provided herein, payment will be made within thirty (30) days after receipt of a proper invoice and acceptance (final or provisional) of the Bus(es). Within fifteen (15) days after arrival at the designated point of {0I352523;5} LYNX CONTRACT 09-C05 Page 3 of32 . Packet Page -1206- 6/14/2011 Item 16.A.24. . delivery, each Bus shall undergo testing by LYNX or the applicable Procuring Agency. If the Bus passes these tests, acceptance of the Bus by LYNX or the applicable Procuring Agency occurs on the fifteenth (15111) day after delivery. Acceptance may occur earlier if LYNX or the applicable Procuring Agency notifies the Contractor of early acceptance or places the Bus in revenue service. If the Bus fails these tests, the Contractor requests a letter of discrepancies for resolution be issued by the fifteenth (15tli) day after delivery . LYNX and the Procuring Agencies reserve the right to conditionally or provisionally accept one or more Buses subject to the correction of minor deficiencies. (d) Additional Information. LYNX may request additional documentation from the Contractor prior to payment of any invoice or bill from the Contractor. LYNX may disallow and deduct any cost for which proper documentation is not provided. . (e) Receipt of Payment bv Contractor as Waiver Aeainst LYNX. The acceptance by the Contractor, its successors, or assigns, of any progress or final payment due pursuant to this Contract, shall constitute a full and complete release of LYNX from any and all claims, demands, or causes of action whatsoever that the Contractor, its successors, or assigns may have against LYNX or in connection with the Services performed hereunder, through the date that the Services are rendered and for which such payment is made. (t) Subcontractors. In the event the Contractor is utilizing any subcontractors for the furnishing of Services (which would only be as pelwitted in the Contract Documents), then, upon request by LYNX, the Contractor shall further provide to LYNX copies of billings and other invoices which may be received from any such subcontractors and, in addition, the Contractor will obtain releases from time to time in favor of LYNX from any subcontractor(s) for work so pelformed by that subcontractor. LYNX shall have the right from time to time to directly contact and discuss with the subcontractor any work performed by that subcontractor under the Contract Documents, but LYNX will not have any liability or obligation to said subcontractor(s). (g) Withholdine of 5% of Cost of Buses. The Procuring Agency may withhold up to five percent (5%) of the total cost of each delivered and accepted Bus to assure correction of minor deficiencies. The withheld funds shall be paid in full to the Contractor within thirty (30) days of Bus acceptance, unless specific defects are found in the vehicle or it is subject to a fleet defect. The defect(s) found shall be described and submitted in writing, including the relevant specification requirement, to the Contractor when identified and within the thirty (30) day withholding period. The withheld funds shall be paid in full to the Contractor upon repairs of the vehicle or receipt of a written commitment from the . {01352S23;S} LYNX CONTRACT 09-C05 Page 4 of 32 Packet Page -1207- 6/14/2011 Item 16.A.24. . Contractor reflecting a mutual agreement to resolve the identified deficiency. The withholding option set forth in this subparagraph shall be in addition to any damages and remedies available to LYNX as set forth elsewhere in this Contract or which are otherwise available to LYNX under applicable law. The exercise by LYNX of the withholding option set forth in this subparagraph shall in no way constitute a waiver of LYNX's ability to seek or exercise any other damages or remedies available to it. 7. CONTRACTOR'S OBLIGATIONS. (a) The Contractor shall, for the consideration set forth herein, and at its sole cost and expense, as an independent contractor, provide all labor, materials, equipment, tools, supplies and incidentals necessary to perform this Contract in the manner and to the full extent as set forth in the Contract Documents. (b) The Contractor shall furnish, provide or fulfill its obligations under this Contract in a professional manner to the reasonable satisfaction of the duly authorized representatives of LYNX, who shall have, at all times, full opportunity to monitor the services performed under this Contract. The Contractor's pelformance shall be considered acceptable when: (i) The Contractor's performance has been inspected and approved by LYNX or the applicable Procuring Agency and, if applicable, all punchlist items have been properly corrected to LYNX's or the applicable Procuring Agency's satisfaction; and . (ii) The Contractor has delivered to LYNX or the applicable Procuring Agency adequate documentation for securing title to the Bus(es) in the county of the applicable Procuring Agency (including without limitation a notarized MSO document transferring ownership), fi'ee and clear of all liens, mortgages and encumbrances, financing statements, claims and demands of any character; and (iii) all the other duties and obligations to be performed by the Contractor under the Contract Documents have been satisfactorily met or performed, including the delivery to LYNX of any materials or documentation relating to the Services, including any warranty materials. (c) The Contractor shall conform to all applicable governmental requirements and regulations, whether or not such {0l352523;5} LYNX CONTRACT 09-COS Page 5 of32 . Packet Page -1208- 6/14/2011 Item 16.A.24. . requirements and regulations are specifically set forth in the Contract Documents. The Contractor in this regard understands that LYNX is a public agency which receives both federal and state funding and, if applicable, the Contract Documents and the performance by the Contractor shall be subject to any applicable rules and regulations promulgated by the Federal Transit Administration ("FTA") and/or the Florida Department of Transportation ("FDOT"). . (d) The Contractor shall pay any applicable license fees and all sales, consumer, use and other similar taxes relating to the Contract, and the matters to be performed thereunder, if any. LYNX is exempt from payment of Florida sales and use taxes. LYNX will sign an exemption certificate submitted by the Contractor. The Contractor shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with LYNX, nor is the Contractor authorized to use LYNX's tax exemption number in securing such materials. LYNX reserves the right to "direct buy" any materials to be furnished by the Contractor under the Contract Documents and, if LYNX so submits, then the parties will enter into an appropriate agreement reflecting said direct purchase, the effect of which will be for LYNX to directly purchase those materials, for the contract amount to be reduced by the amount of the purchase price paid by LYNX for said materials, for those materials to be physically acquired and/or delivered to the Contractor, who will install them or deliver them as provided in the Contract Documents, with full wan.anties regarding those materials as if those materials were purchased from the Contractor. Any bonds furnished by the Contractor will apply to those materials. (e) The Contractor shall be responsible for payment of its employee(s)', Federal Insurance Contributions Act ("FICA") and Social Security benefits with respect to this Contract. (f) Unless otherwise expressly set forth in the Contract Documents, the Contractor shall be responsible to secure, at the Contractor's expense, all necessary permits and approvals. The Contractor shall promptly furnish copies of all such permits and approvals to LYNX as and when obtained. (g) The Contractor shall be responsible to coordinate all tests and inspections necessary for the proper execution and timely completion of this Contract. (h) The Contractor shall indemnify and hold harmless LYNX and the Procuring Agencies or any of them, from and against all claims of liability to third parties for injury to or death of persons, or loss of or damage to property arising out of or in connection with the performance of the work under this Contract, and the use of the premises incident thereto, . {0l3S2S23jS} LYNX CONTRACT 09-C05 Page 6 of 32 Packet Page -1209- 6/14/2011 Item 16.A.24. . except where such liability arises out of the sole negligence of LYNX or the Procuring Agencies, or any of them, and shall defend all suits brought upon such claim and pay all costs and expenses incident thereto. LYNX and the applicable Procuring Agency shall have the right to participate in the defense of any suit, without relieving the Contractor of any obligation hereunder. (i) The Contractor, at the request of LYNX, shall further provide to LYNX such other information as LYNX may reasonably request from time to time. Further, the Contractor shall at LYNX's request meet and have its employees and representatives meet with LYNX from time to time, regarding any of the Services to be rendered under the Contract. 8. NO DISCRIMINATIONIDBE REQUIREMENTS. (a) Neither the Contractor nor any of its subcontractors shall discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT- assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or stich other remedy as LYNX deems appropriate. . (b) In the event that a Disadvantaged Business Enterprise ("~") goal has been established by the Solicitation, the Contractor covenants and agrees to comply with the requirements set forth in Exhibit "B" attached hereto (the "DBE Addendum"). In the event that the Contractor is in breach of this subparagraph, in addition to any other damages and remedies available to LYNX in accordance with applicable law, the Contracting Officer (as hereinafter defined) may issue a termination for default proceeding pursuant to paragraph 10 hereof. {01352523;S} LYNX CONTRACT 09-C05 Page 7 of32 . Packet Page -1210- 6/14/2011 Item 16.A.24. . 9. PUBLIC RECORDS. LYNX is an agency of the State and is subject to Florida's Government in the Sunshine Law, Chapter 286, Florida Statutes (the "Sunshine Law") and the Public Records Act, Chapter 119, Florida Statutes (the "Public Records Act"). It is possible that the Contractor, as a result of the Contract, may also be subject to the Sunshine Law and the Public Records Act and, if so, the Contractor will promptly respond in accordance with the statute to any and all third party requests for "public records," as that term is defined in the Public Records Act. In regard to any such request, the Contractor will promptly notify L YNX. LYNX's determination as to the necessity of such response shall be presumptively correct. 10. TERMINATION. . (a) Default bv Contractor. LYNX may, in it sole and absolute discretion, by written notice of default to the Contractor, terminate all or any part of this Contract if (i) the Contractor fails to perform the Services described herein, within the time specified herein or any extension hereof; or (ii) if the Contractor fails to satisfy any of the other provisions of the Contract, or so fails to make progress as to endanger performance of this Contract in accordance with its terms; and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such longer period as the Contracting Officer may in his/her absolute discretion authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. In the event that LYNX elects to waive its remedies for any breach by the Contractor of any covenant, term or condition of this Contract, such waiver by LYNX shall not limit LYNX's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. (b) Termination bv LYNX for Convenience. This Contract may be terminated by LYNX in its absolute discretion, in whole or in part, whenever the LYNX Contracting Officer or LYNX shall determine that such termination is in the best interest of LYNX. Any such termination shall be effected by delivery of a notice of termination by LYNX to the Contractor, specifying the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective. The Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of telmination. The Contractor shall promptly submit its claim for final payment to LYNX. Settlement of claims by the Contractor under this subparagraph shall be in accordance with the provisions set forth in Part 49 of Title 48 - Federal Acquisition Regulations (48 C.F.R 49), except that wherever the word "Government" appears it shall be deleted and the word "LYNX" shall be substituted in lieu thereof. . ( c) Default bv LYNX. In the event LYNX is in default under this Contract, the Contractor shall first provide written notice to LYNX of said condition alleged by the Contractor to be a default, and LYNX shall {01352523;5} LYNX CONTRACT 09-COS Page 8 of 32 Packet Page -1211- 6/14/2011 Item 16.A.24. . have a reasonable period of time, not to exceed 30 days, within which to cure said default. During said period, the Contractor shall continue to provide the services to LYNX. In the event LYNX continues to be in default under this Contract upon the expiration of the time period set forth above for curing its default, this Contract may be terminated by the Contractor upon providing a notice of termination to LYNX. (d) Remedies for Default bv Contractor. If this Contract is terminated by LYNX for default by the Contractor, LYNX shall, except as otherwise expressly set forth in the Contract Documents, retain any and all remedies available for it against the Contractor, including the remedy set forth in subparagraph 7(h), all of which remedies shall be exclusive. By way of illustration and not limitation, LYNX may proceed to obtain the remaining Services from another third party and thereby recover from the Contractor any "excess costs" incurred by LYNX in so doing. 11. DISPUTE RESOLUTION. The parties mutually acknowledge and agree ~hat this Contract shall be construed in accordance with the laws of the State of Florida, w~ ithout regard to the internal law of Florida regarding conflicts of law. Any controversy r claim arising out of or relating to this Contract, or the breach thereof (collectively, a 'Le2al Dispute"), may, at the option of LYNX, be settled by arbitration administered by ,he American Arbitration Association in accordance with its Commercial Arbitration ules, and judgment on the award rendered by the arbitrator(s) may be entered in any ourt having jurisdiction thereof. Any such arbitration shall be held in Orange County, lorida. If LYNX does not elect to settle any Legal Dispute by arbitration, then any ction, suit or proceeding arising in connection with any such Legal Dispute shall be It rought in the exclusive jurisdiction of the 9th Judicial Circuit of the State of Florida or (!the United States District Court for the Middle District of Florida, Orlando Division. othing in this paragraph shall in any way limit the right of LYNX to terminate this ontract under paragraph 10 hereof. 12. NOTICES. All notices shall be made to the addresses listed in the preamble to this Contract, unless otherwise provided below: . (a) The Contractor's primary point of contact for daily operations of the Selvices pursuant to this Contract is: Butch Sibley; 1418 Garden Ave, Tarpon Springs, FL 34689; Phone: 510-589-9430; Fax: 727. 940-4324. (b) The Contractor's primary point of contact for legal notice and authority to modify or act under this Contract is: Brian Macleod; 25800 Clawiter Rd, Hayward, CA 94545; Phone: 800-735-1500; Fax: 510-785-6819. (c) The Contractor may appoint other individuals upon written notice to, and approval by, LYNX. The Contractor shall provide written {0l352523;5} LYNX CONTRACT 09-C05 Page 9 of 32 . Packet Page -1212- 6/14/2011 Item 16.A.24. . notice to LYNX promptly with respect to any changes to the aforesaid contact information. (d) As of the date hereof, LYNX designates Joe Cheney, (the "Project Manager") with respect to the Contractor's performance of this Contract, and who will also serve as the primary point of contact for operational issues. (e) As of the date hereof, LYNX designates Rich Bannon (hereinbefore referred to as the "Contracting Officer"), as the primary point of contact for issues peltaining to contractual changes, modifications and overall Contractor performance. (f) LYNX may change such designation upon written notice to the Contractor. The designated person(s) shall not have the authority to modify this Contract except in accordance with applicable rules and regulations, including, but not limited to LYNX's Administrative Rules and Procedures. Notwithstanding anything herein to the contrary, no such change, modification or amendment shall be valid or binding upon LYNX, if the authorizing representative of LYNX executing such instrument has exceeded his or her authority, pursuant to applicable LYNX Rules and procedures. . 13. MISCELLANEOUS. (a) Captions and Headings. The captions and headings provided herein are for convenience of reference only and are not intended to be used in construing the terms and provisions hereof. (b) Number And Gender. Whenever herein the singular or plural is used the same shall include the other where appropriate. Words of any gender shall include other genders when the context so permits. (c) Multiple Counterparts. This Contract may be executed in a number of identical counterparts each of which is an original and all of which constitute collectively one agreement. In making proof of this Contract in any legal action, it shall not be necessary to produce or account for more than one such counterpart. (d) Attornev Fees. In the event of any legal action, including arbitration proceedings, seeking enforcement of this Contract, the prevailing patty shall be entitled to recover reasonable attorneys' fees and the costs of such proceedings from the other patty, including without limitation fees and costs associated with any trial, appellate or bankruptcy proceeding. . (e) Assignment bv Contractor. LYNX has selected the Contractor to render the Services based in substantial part on the personal {01352523;5} LYNX CONTRACT 09-C05 Page 10 of32 Packet Page -1213- 6/14/2011 Item 16.A.24. . qualifications of the Contractor; as such, the Contractor may not assign or transfer any right or obligation of this Contract in whole or in part, without the prior written consent of LYNX, which consent may be granted or withheld in the sole discretion of LYNX. The Contractor may utilize subcontractors as otherwise permitted and provided in the Contract Documents. Any assignment or transfer of any obligation under this Contract without the prior written consent of LYNX shall be void, ab initio, and shall not release the Contractor from any liability or obligation under the Contract, or cause any such liability or obligation to be reduced to a secondary liability or obligation. (f) Assi~nment hv LYNX. LYNX may unilaterally assign the right for purchases under this Contract to others. LYNX will not assign rights without the prior concurrence of the Florida Public Transportation Authority subject to their then existing policies, rules and procedures. Any assignee under this Contract will act solely as a Procuring Agency and only as specifically authorized by LYNX. A executed copy of the assignment authorizing the purchase under the terms and conditions on this Contract will be forwarded to the Contractor. (g) Survival. Should any provision of this Contract be determined to be illegal or in conflict with any law of the State of Florida, the validity of the remaining provisions shall not be impaired. (h) No Third-Party Beneficiarv. It is specifically agreed that this Contract is not intended by any of the provisions of any part of this Contract to establish in favor of any other party other than the, the public or any member thereof, the rights of a third-party beneficiary hereunder, or to create or authorize any private right of action by any person or entity not a signatory to this Contract to enforce this Contract or any rights or liabilities arising out of the terms ofthis Contract. . 14. AMENDMENT OF CONTRACT. This Contract may not be modified or amended without the prior written consent of the party to be charged by said amendment or modification. This provision may not itself be changed orally. The Contractor specifically is aware and understands that any material or substantial change to this Contract may require approval of LYNX's Governing Board for any such change to be valid. 15. LYNX APPROVAL. This Contract, including the exhibits and attachments hereto, is contingent upon the approval by the LYNX Governing Board, consistent with the Solicitation, and applicable governing rules and procedures ofL YNX. 16. ENTIRE CONTRACT. This Contract, including the Contract Documents referenced above, together with any exhibits or attachments hereto constitutes the entire agreement between the parties. {01352523;5} LYNX CONTRACT 09-C05 Page 11 of32 . Packet Page -1214- 6/14/2011 Item 16.A.24. . [SIGNATURE PAGE FOLLOWS] . . {0l352523;5} LYNX CONTRACT 09-C05 Page 12 of32 Packet Page -1215- 6/14/2011 Item 16.A.24. . IN WITl\TESS WHEREOF, the authOlized signatories named below have xecuted this Contract on behalf of the parties as of the Effective Date. , L .YNX" I entra1 Florida Regional TranspOltation ;.\uthOrit: /J. ~ y: Jji~~ 1'\!ame: Linda Watson Title: Chief Executive Officer ate: y;z,-1 "CONTRACTOR" Gillig LLC, a Ca1ifomia limited liability company 4~ ame: Brian Macleod Title: Senior Vice President Date: if' V1~ ~~ his Contract is approved as to fonn only for execution by LYNX and this approval is lot to be relied upon by the Contractor for any purpose. . Page 13 of 32 LYNX CONTRACT 09-COS . 10 1352523;5} Packet Page -1216- 6/14/2011 Item 16.A.24. . Exhibit "A" SCOPE OF SERVICES Contractor shall provide 30-foot, 35-foot and 40-foot low-floor diesel or hybrid electric drive heavy duty transit buses as meeting the specifications in Section III of LYNX RFP 08-ROI and the specifications set forth on Exhibit "B" attached hereto and incorporated herein by reference (herein referred to individually as a "Bus" and collectively as the "Buses") on an as needed basis. Procuring Agencies The following named agencies are members of the consortium and are authorized to issue purchase orders in accordance with the terms and conditions set forth in the Contract. The total number of Buses ordered pursuant to all purchase orders for each agency shall not exceed the number in parenthesis without obtaining assignability. . Broward County (255) . Central Florida Regional Transportation Authority (300) . Charlotte County Area Transit (6) . City of Key West (13) . Citrus Connection (46) . Collier Area Transit (13) . . Escambia County Area Transit (13) . Gainesville Regional Transit System (62) . Hillsborough Transit Authority (123) . Jacksonville Transportation Authority (90) . Lake County (7) . Lee County Transit Division (63) . Manatee County Area Transit (10) . Miami-Dade Transit (324) . Palm Beach County (153) . Pasco County Public Transportation (14) . Pensacola Bay Town Trolley (4) . Pinellas Suncoast Transit Authority (140) . OcalalMarion County (14) . Orlando Aviation Authority (15) . Sarasota County Area Transit (50) . Space Coast Area Transit (24) . St. Lucie County Transit (44) . Tallahassee (10) . Volusia County (29) . Winter Haven Area Transit Services (22) . {01352523;5} LYNX CONTRACT 09-C05 Page 14 of32 Packet Page -1217- 6/14/2011 Item 16.A.24. . rdering Instructions ach Procuring Agency will forward to LYNX the executed purchase order for the Buses eing purchased. A copy of the purchase order from the Procuring Agency will be imultaneously sent to the Contractor to allow timely production scheduling of the bus rder. Each purchase order will contain the pricing for any and all optional equipment nd or accessories listed in the Contractor's Response. LYNX will assign each purchase rder a tracking and control number and forward the purchase order to the Contractor. NOTE: The Contractor at no time will start performance without receiving a copy ofthe purchase order from LYNX with the control number. nvoicing he Contractor shall submit invoices for orders placed by Procuring Agencies to the address listed on the purchase orders. Delivery Time Delivery of Buses shall be no later than 365 calendar days after the close of the calendar quarter (Le., March 31, June 30, September 30, December 31) in which any purchase order is delivered to the Contractor. Delivery shall be made on Monday through Friday; Federal and State holidays excluded, between the hours of 8:00 A.M. and 4:00 P.M. local time. . FOB Point All deliveries are F.O.B. Destination - Contractor shall pay shipping costs and will have risk of loss until LYNX takes possession. Contractor shall deliver Services to the address indicated on the individual purchase order. Acceptance The Procuring Agency will provide the Contractor written notice of acceptance or rejection of each bus upon completion of acceptance testing and within a reasonable period after delivery to facilitate that testing. If the equipment is rejected, the notice shall state the discrepancy noted. The Procuring Agency reserves the right to conditionally or provisionally accept one or more Buses subject to correction of minor discrepancies. Title Adequate documents for securing title to each Bus in the county of the individual Procuring Agency shall be provided to the Procuring Agency at least thirty (30) business days before each Bus is delivered to the common carrier. Following acceptance of each Bus, the Contractor warrants that the title shall pass to the Procuring Agency free and clear of all liens, mortgages and encumbrances, financing statements, claims, and demands of any character. {0l352523;5} LYNX CONTRACT09-C05 Page 15 of 32 . Packet Page -1218- 6/14/2011 Item 16.A.24. . The Procuring Agency is responsible to provide the Contractor with the necessary information to title the Buses and shall provide a point to contact for the delivery of the titles. Pricing The base pricing of the Buses is as follows: Bus, Diesel, 30 Foot Low Floor, 102" Wide Bus, Diesel, 35 Foot Low Floor, 102" Wide Bus, Diesel, 40 Foot Low Floor, 102" Wide Weighted Delivery Charge for Florida Agencies $306,373 $316,188 $320,983 $6,400 . LYNX and the Procuring Agencies reserve the right to order buses and equipment over the five (5) year period beginning upon the date of Contract award. The prices of such buses and equipment shall be the prices quoted below. These prices shall remain fixed for any orders issued by the Procuring Agency within a period of ninety (90) days of Contract award. The price(s) of any buses or equipment ordered by the Procuring Agency after the initial ninety (90) day firm/fixed price period shall be that quoted (Base Order Prices) plus any escalation which will be calculated based on the following formula which utilizes the U.S. Department of Labor/B ureau of Labor Statistics Producer Price Index ("PPI") Category 1413, "Trucks and Bus Bodies". The escalation in this index will be used to adjust the Base Order Prices. However, in no event will the prices for any purchase order release exceed, by more than 5%, the price(s) that would have been in effect twelve (12) months prior to the date of the release if the base price of the date of the purchase order release is less than twelve (12) months after the initial contract award. . {0l352523;5} LYNX CONTRACT 09-C05 Page 16 of 32 Packet Page -1219- 6/14/2011 Item 16.A.24. . B~1E DESCRIPTION UNIT l(l PRICE (2) I ENGINE Base Cummins ISL 280 HP wI EGR and Diesel Particulate Filter (Pre 20 I 0) Base I 20 I 0 EP A Regulatory Changes $13.827.00 I THROTTLE PEDAL Bn e Williams Controls 41 Degree Throttle Pedal Buse Williams Controls 45 Degree Throttle Pedal $24.00 Teleflex Adjustable Throttle and Brake Pedal $1.225.00 I HYBRID PACKAGE Ba~e NONE Base I Allison EP40 Electric Drive System (Pending A vailabilitv and Quantities) $209,500.00 I Voith Electric Drive Svstem (Pending Availability and Quantities) $154,500.00 I ISE Hybrid (Pending minimum Quantities, Certified installation & Successful QUOTE testing) I AIR INTAKE RESTRICTION BaSe Std Donaldson (RBXOO-2277) Base I Ashcraft (25-1 490A02L) $23.00 Filterminder # SP-3832 $23.00 Donaldson fnformer $23.00 I OIL SYSTEM Bn le Spin On Filters Supplied by Engine Manufacturer Base Spinner n BV)JUSS Model 976 $745.00 Bn e TITAN PROBALIZER OD-IOI4 Base Ba e FEMCO Oil Drain Plug Base Magnetic Drain Plug $24.00 Delete FEMCO Oil Drain Plug ($35.00) STARTER Ba~e Deleo MT 42 - 24V Electric Base I COOLING SYSTEM BaSe Modine side by side bv side plate fin radiator Base T EMP Electric Cooling Fan System (Upon production Avaiablity) Quote I L&M Radiator (Not Available) N/A Masabi Radiator (Not Available) N/A E - Coat Radiator, CAC & Hydraulic Cooler $8 I 6.00 Radiator Tank Guard $174.00 Double Breeze Constant Tension Clamps $333.00 Bn e Oetiker Constant Torque Clamps Base Gates - Greenstripe Hose $198.00 I I {01352523;-l}LYNX CONTRACT 09-C05 Page Ii of 32 Packet Page -1220- BASE EQUIPMENT AND OPTIONS . . . . . 6/14/2011 Item 16.A.24. STEERING SYSTEM Bllse Ross Model TS 65 Base TR W Electric Assisted Steering $2,286.00 Standard Size Padded Steering Wheel $68.00 EXHAUST SYSTEM Base Diescl Particulate Filter (Active) Base Base Cummins Computest Fitting Base ALTERNATOR Base Delco 50 ON ( 270 AMP) I Base Neihoff C-70 1 ( 300 AMP) $564.00 NeihofrC-703 (330 AMP) $768.00 Marinc Cabling for Charging System $1,981.00 TRANSMISSION Base ALUSON B-400R, GEN IV Base varni 0864.5 $0.00 ZF 6HP594 $2,052.00 Base 'Tnmsynd'Svnthetic Base Base TITAN PROBALlZER 00-1014 Base DA VCO Electronic Fluid Level Gauge $549.00 Keyed Transmission Lockout Switch on Dash $276.00 Transmission Oil Temperature Gauge (Dash or Rcar Run Box) $50.00 HUBS Base Hub Piloted Wheels and Axles wI Grease Seals Base Hub Pilotcd w/Oil Seals (PCI' Axle) S60.00 Stud Piloted Wheels and Axles wI Greasc Seals S235.00 Stud Piloted Wheels and Axles wI Oil Seals $295.00 HUBOMETER Bllse Nonc Base Veeder Root wlo Tenths ,,,10 Guard $72.00 S &A Fleetwatch 392 Electronic $376.00 E J Ward Data System (Includes CANceiver, display unit and Antenna) $1,028.00 En.gter (Stemco) Mechanical wlo Tenths wlo Guard $79.00 Engler Hubometer wI Powder Coat Guard SI21.00 BRAKES Bllse S - Cam Drum wI Wabsco ABS System Base Brake Wear Monitoring System $1,420.00 Two or Four Wheel Disc Brakes (Not available at bid time) Quote W ABCO Traction Control $130.00 FUEL SYSTEM Base EMCO-WHEA TON Posi Lock 105 (Flio Car) or Twist CaD) Base Standard Gravity Fill ($513.00) Fuel Gauge on dash $134.00 Dual Fill (Curbside and Streetside) wI Standard Gravity Fill $221.00 80 gallon Net Useable Split Fuel Tanks (29' L/F wI No Rear Door) $1.886.00 for ADA each side Low Fuel Alarm $135.00 FUEL FILTERS Base Spin On Primary and Secondary Fuel Filters I Base {0JJ52523;~IL YNX CONTlv\.CT 09-C05 Page IS of 32 Packet Page -1221- 6/14/2011 Item 1 DA VCO Fuel Pro 384. Heated $413.00 I Racor 490R30 Filter w/ Thumbpu111p $200.00 I REAR RUN BOX I Base Rear Run Box Base Rear I-land Throttle $189.00 Engine Hour Meter $50.00 AIC Hour Meter $63.00 Voltmeter 11 939 $50.00 Oil Pressure Gauge J 1939 $58.00 I Coolant Gauge J 1939 $61.00 Mechanical Gauges - Murphy Oil Pressure and Coolant Temperature $218.00 AIR SYSTEM - COMPRESSORS Base Cummins 18.7CFM Base Base Shop Air Connection ( Milton S790) Base AIR SYSTEM - AIR DRYERS Base I Bendix AD9, (300 ci purge) Base Bendix ADIP, Heated $98.00 I Bendix Puraguard Air I Oil Separator $161.00 Haldex cOllsep Moisture Ejector, Heated, at Air Dryer $ 1 50.00 Wabco SS 1800 Air Drver. Heated ($64.00) Chicago Rawhide T2000 $48.00 Chicago Rawhide Dual Turbo 2000 $321.00 Graham White 'Sludge Buster' $992.00 I Kingston Auto Drain Valve at Ping Tank $51.00 Terminate Kneeling Operation Sensor $2,928.00 BA TTERI ES Base (2) DEKA 8D Side or Top Post Connections Base I (4) DEKA Group 31 Top Post $245.00 I DEKA AGM Type 8D/Group 31 $400.00 I Ultra Ca])acitors $5,325.00 Base Anderson 350 JUllm Start Connector (Each) Base I Delete Anderson 350 Jump Stmt ($58.00) I BRT EXTERIOR STYLING PACKAGE Base Standard Styling Package Base I BRT Exterior Styling Package (Front & Rear) With One Piece Windshield $13,950.00 I3RT Roof Fairings Front and Rear ( $1,250.00 Each) $1.250.00 I 2 - Piece BRT Windshield wI Destination Sign Glazing wI Standard LF Rear Cap $ 1 0,946,00 WHEELCHAIR RAMP Base I LIFT-U , 6: I Ratio. Front Door Onlv Base I Ricon . 6: I Ratio, Front Door Only (Upon production availability) (S842.00) I HEATING / AIR CONDITIONING Base TK Intelligaire 2 wI X 616 Compressor, R134A , Reliance Brushless Condo & Base Eva!). Motors TK Svstem \V I General Electric Field Wound Motors ( Cond & Evap ) ($1.700.00) TK System w / General Electric P.M. Motors ($2,700.00) TK System w I X 426 I x 430Compressor ($1. 900 .00) TK System wI S391 Screw Compressor (SlAOO.OO) I TK Pressure and Retum Gauges Mounted to Unit $344.00 I Carrier i',,{icro Max wI 05G Compressor. RI 34A. GE P.M. Motors (Cond & Evap) (S3.42? .00\ {OI352523;5} LYNX CONTRACT 09-C05 Page 19 of 32 Packet Page -1222- 6.A.24. . . . . . . 6/14/2011 Item 16.A.24. Carrier Micro Max w I Brushless Motors ($2.027.00) R407C Refi'igerant $222.00 Base Modified Houston Pull Down ReCluirements Base Delete Modified Houston Pull Down, add Enhanced Insulation Package ($1.500.00) Base MCC Drivers Heater wI Brushless Motors Base MCC drivers Heater w I Brush Motors I ($211.00) MCC Front Stepwelll Tlu'eshold Heater wI Brushless Motor ( Each) $228.00 MCC Underseat I Rear Stepwell Heater wI Brushless Motor ( Each) $288.00 MCC Underseal / Rear StelJwell Heater wI Brush Motor ( Each) $246.00 Warm Welcome Mat ( Rear Door) $189.00 Warm Welcome Mat (Installed on W/C Ramp) $299.00 AUXILIARY COOLANT HEATER Base None Base Webasto Model Thermo 300 ( 104,000 btu ) Coolant Heater $2,423.00 Webasto Model Thermo 230 ( 80,000 btu ) Coolant Heater $2.383.00 Proheat Model X80 ( 80,000 btu ) Coolant Heater $2.531.00 Proheat Model X50 ( 50,000 btu ) Coolant Heater $2,490.00 Preheat Model X45 ( 45,000 btu ) Coolant Heater $2.450.00 REAR DOOR Base 34' Wide Rear Door wI Full Driver Control ( Air Open I SlJring Close) Base 48' Wide Rear Door wI Full Driver Control ( Air Open I SIJring Close) $ 1 ,495.00 56' Wide Rear Door wI Full Driver Control ( Air O!Jcn I Air Close) $1.705.00 Passenger Open (Push aDen I Spring Close) ($4 I 0.00) Touch Bars (Air Open I SDring Close) $943.00 Touch Bars w / Driver Override $992.00 Touch TUlJe in place of Touch Bars $762.00 Var)Qr CLASS Acoustic (Photo Sensor) $2,993.00 Vapor V Touch (Electronic Touch Bar) $987.00 Exterior Air Release (Front Door Control Valve) $98.00 Driver Push Button Door Controls $179.00 Delete Rear Door, add two seats ($860.00) WHEELS Base (7) Powder Coated Steel Wheels (White or Black) Base (7) Aluminum Alcoa - Full Polish $1,955.00 (7) Aluminum Alcoa - Full Polish w I Dura Bright finish $2,487.00 (7) Aluminum Alcoa - Machine Finish $1,705.00 (7) Aluminum Alcoa - Machine Finish w I Dura Bright Finish $2.245.00 Delete SDare Wheel ($110.00) ADD Dura Flan~e to Alcoa $770.00 TIRES Base Customer Supplied Base Gillig Supplied (7) Michelin XZU2 (305 185R 122.5) $2.966.00 Gillig Supplied (7) Michelin XZU2 (305 170R /22.5) $2,896.00 Gillig Supplied (7) Michelin XZU2 (275 / 70R /22.5) I $2.695.00 Gillig Supplied (7) Goodyear G 152 (305/85R /22.5) $4.603.00 Gillig SUPIJlied (7) Goodyear G 152 (305 170R /22.5) $3,780.00 Gillig SllJ)plied (7) Goodvear G 152 (275/70R 122.5) $3.133.00 Gillig Supplied (7) Firestone 18J (315 / 80R 122.5) $3,658.00 Gillig Supplied (7) Firestone 16H (305 I 70R 122.5) $3.675.00 101352523;5) LYNX CONTRACT 09-C05 Page 20 of 32 Packet Page -1223- . 6/14/2011 Item 1 Gillig SUPI)Jied (7) Bridgestone 16J-1 (275 170R I 22.5) $3,675.00 I Tire Pressure Monitoring System $1,357.00 I DRIVER'S SEAT Base I Recaro Ergo Metro w I Fabric Seat and Back wI Grav Fabric Boxing; Base USSC 9100 ALX wI Fabric Seat and Back w I Gray Fabric Boxing; $446.00 USSC 9100 ALX - 3 wI Fabric Seat and Back w.l Grav Fabric Boxing $944.00 ! Add Headrest $108.00 Add Armrest (Right side only) $97.00 I Add Shoulder Belt (Recaro) $195.00 Drivers Seat Vacancy Alarm $197.00 Safety Orange Shoulder Belt (US SC ALX) $0.00 Silicon Foam at Lower Seat Cushion (USSC) $431.00 I Holdsworth Fabric $257.00 FR Treated Foam ( Recaro) $187.00 USSC Q90 ALX $611.00 USSC Q9l ALX3 $903.00 I PASSENGER SEATS I SEE ATTACHED SHEET FOR PASSENGER SEAT OPTIONS WHEELCHAIR SECUREMENT Base AMSECO - A.R.M. Base USSC - FIRST $0.00 FREEDMAN - FIRST $0.00 I Q'Straint - QRT $380.00 I USSC - V-PRO $330.00 Sure LOK - RTT Electric $4,792.00 I Sure LOK - RTT Manual $2,500.00 PASSENGER SIGNALS Base I Pullcords - Above Windows (Neutral or Yellow) w I Touch Pad at WIC positions Base I Touch Tape (At Window Mullions) ( 35' 140') $971.00 I Touch Tape (At Window Mullions) ( 29' ) $499.00 I Button at Exit Door Vertical Stanchion $86.00 I Additional Amber Stop Request Lamp Mounted on Driver's Dash $36.00 DRIVER'S BARRIER Base Wrap Around Fiberglass (35' I 40' LlF ) Base Wrap Around Fiberglass wlo Schedule Rack Cutouts (35' 140' ) $315.00 I Plexiglass Drivers Secll\'it\' Enclosure ( 35' 140' ) $1,317.00 I Base Flat Melamine, Two Piece ( 29' LlF ) Base Flat Melamine, Two Piece, w I (4) Schedule Holders I $297.00 I EXIT DOOR MODESTY PANELS Base Standard Melamine Panels on Lower Section I Base Upper Clear Plexiglas Modesty Panels Both Sides orRear Exit Door I $168.00 STANCHIONS I GRAB RAILS I STRAPS Base Stainless Steel Stanchions and Grab Rails and Modest\' Panel Tubes Base I Powder Coated VeItical Stanchions, Grab Rails and Modesty Panel Tubes $642.00 Powder Coated Vertical Stanchions only $225.00 Farebox Guard Rail $112.00 Grab Rail Forward Wheel Housing $68.00 I Luggage Rack 68'. Two-Tier with Fixed Shelfs $872.00 Base (14) Vinvl Coated Nylon Grab Straps 40' (10) straps on 30' Base {0l35252J;5} LYNX CONTRACT 09-COS Page 21 of 32 Packet Page -1224- 6.A.24. . . . . . . 6/14/2011 Item 16.A.24. Delete Vinyl Coated Nvlon Grab Straps - each $20.00 SSTL Spring Loaded Grab Handle (Cost per Handle) $132.00 WINDOWS SEE ATTACHED SHEET FOR WINDOW OPTIONS EXTERIOR LAMPS Base Tail Lights - Manufacturer Dialite LED, Fixture Size - 4' diameter Base Tail Lights - Manufacturer Dialite LED, Fixture Size - 7' diameter $122.00 AUXILIARY EXTERIOR LIGHTS Base Four (4) 4' Diameter LED Auxiliary Brake Lights Base Two (2) 4' Diameter LED Auxiliary Brake Lights $1 ]4.00 Add Hoods $197.00 JKA Enterprises LED 'STOP' Light $561.00 Exterior Curb lamps. front & rear - 1. W. SDeaker White I-lousing LED's $436.00 Triangle Amber LED Yield Sign $582.00 Two (2) Red LED Brake Strip Lamps $ 1 98.00 Delete LED Auxiliary Brake Lights ($204.00) Decel Lights (2) - non-flashing only (Per NHTSA) $114.00 Beacon Light (not available per NHTSA) N/A INTERIOR LIGHTS SEE A TTACHED SHEET FOR INTERIOR LIGHT OPTIONS COMMUNICATION RADIO SYSTEM Base Per-Wire: 12V 140A Direct Battery & 12Vn OA Ignition ( Route to RH Dash & EIe. EQui!). Box) and Install Roof Mount RF/GPS/Cellular Antenna Base Motorola XL l' 2500, 10-35 W, 800MHZ wi DEe Box and Silent Alarm Switch $5.155.00 Motorola XLT 5000 $5,466.00 Motorola CM200 or CM300. 4SW, 439 -470-MHZ $1,500.00 Motorola COM 1250 $2,424.00 DC Power Filter for Radio Wiring $140.00 Hand Microphone $65.00 ASP930 Radio Antenna $78.00 Antenna Specialist ASP-572 $78.00 Customer Specified 1""'0 Way Radio and Installation Quote PUBLIC ANNOUNCEMENT SYSTEM Base REI Model 750040 PA w I handheld Mic wi (8) Flush Mount Speakers 40' (6) wI 30' Base Luminator IVS wi GPS capability, w I LED Sign, wlo MaDDing $6.987.00 DR 600 Vehicle Logic Unit w I GPS capability. w I LED Sign, wlo Marming S6,838.00 Clever Devises - Speakeasy II $ 1.160.00 REI Echo P A System $881.00 Shure Brothers Lapel Microphone wI REI PA System $128.00 Midwest Lallel Microllhone ( Use wI Voice annunciation System) $444.00 Interior LED Sign $1.025.00 Mapping and Database Setup for GPS per Customer Requirement Quote INTELLIGENT VEHICLE NETWORKS Base None I Base Clever Devices IVN III w I Voice Annunciation, APC. Wireless LAN I $18.127.00 A V AIL IVN wi MDC, GPS. APC. WLAN I $21.837.00 Siemens Transit Master (Pending System Specification) I Quote {OIJ5252J;5} LYNX CONTRACT 09-COS Page 22 of 32 Packet Page -1225- em I Orbital TMS CAD/A VL System w/ Voice Annunciation, APC (Pending System Quote Specification) I Intelligent Vehicle System Prewire Only (Pendin!2: System Soecification) I Quote I Trimble 'Button' Antenna $345.00 I Low Profile Blade Antenna $110.00 I Tacho Link Event Data Recorder $2.664.00 I PLEASURE RADJO Base None Base AM/FM/CD $213.00 Drivers Speaker w/ Separate Volume Control $57.00 FAREBOX Base No Farcbox , Power Circuit and Groundstrap Onlv Base GFI 41' Cents-a-Bill w/ Trim $14,573.00 G FI 41 ' Odyssey $15,969.00 I Diamond Model H w / Two (2) Vaults $1.820.00 I Diamond Model SVw / Two (2) Vaults $1.l19.00 Main TI Farebox \V / Two V 1 Vaults in Standard Paint Colors $1.151.00 Main M 4 Farebox w / Two V4 Vaults in Standard Paint Colors $1.020.00 Main SL 5 farebox w / Two V5 Vaults in Standard Paint Colors $2,653.00 Cubic Fare Box (Pending Systcm Specification) Quote Denominator Manual Passenger Countcr (Rows X Tallies $32.) Quote Incandescent Farebox LamlJ. Ceiling mounted $82.00 Globe Transfer Cuttcr $57.00 I > DESTINATION SIGNS Base! Twin Vision 100% AMBER LED, Front, Curb Side, Rear Base I Twin Vision Chroma I Color LED Front $2.438.00 I Twin Vision Chroma IV 100% Color LED $9.330.00 Twin Vision 24 x 200 Front Amber LED Sign $3,333.00 I Luminator GEN 4 Horizon 100% Amber LED Front. Curbside, Rear $0.00 I LUl11inator Spectrum 100% Ambcr LED Front, Curbside. Rear $8.872.00 Add Street Side Sign ( Amber LED) $1.800.00 T Delete Rear Sign ($700.00) Program Software (Twin Vision) $1.131.00 Luminator Programming Software and Flash Cards $1,104.00 Transign Curtain Front and Side Sign ($870.00) Hcatcd Front Sign Glazing $210.00 DASH MOUNTED SIGN Base I Transign, (4) Character, Mctal Housing Base I Transign. (3) Character, Metal Housing ($2.2.00) Transign, (2) Character, 0-1 853, Metal HOllsing ($42.00) I Twin Vision Elcctronic Front Dash Sign $594.00 I Luminalor Electronic Front Dash Sign $813.00 Delete Front Run Sign $246.00 I FLOOR COVERING &MA TERIAL Base I Greenwood ACQ Plywood w/ RCA Rubber Base Altro Transfloor $400.00 Composite Sub Floor $4.300.00 Rear Seat Riser for Forward Facing Seats $1.136.00 I Front Seat Risersor for Forward Facing Seats (Each side) $747.00 I0135!523;S} LYNX CONTRACT 09-C05 Page 23 of 32 Packet Page -1226- 6/14/2011 It 16.A.24. . . . . . . 6/14/2011 Item 16.A.24. ROOF HATCHES Base Manual Hatch at Front and Rear Positions Base Delete one (I) Roof Hatch Position ($230.00) Electric Hatch with Driver Control ( Del' Ilosition ) $552.00 EXTERIOR MIRROR Base B&R One Piece 8' x 8' Flat Glazing w / Stainless Steel Arms. Remote Both Sides Base B&R One Piece 8' x 8' Flat Glazing w/ S.S. Arms, Manual w/ 6' Soot Mirror ($86.00) B&R 6'x 14" 2 Piece, Heated, Remote Both Sides $188.00 B&R 8' x IS' 2 Piece, Heated, Remote Both Sides $475.00 B&R 9' x II' 2 Piece, Heated, Remote Both Sides $296.00 B&R 9' x 13' Class 'A' 2 Piece, Heated, Remote Both Sides $660.00 B&R 10'x II' I Piece, Heated, Remote Both Sides $184.00 B&R 10 x 13' I Piece, Heated, Remote Both Sides $197.00 Rosco 8' x 15' I Piece, Heated Remote Both Sides $268.00 Lucerix Metagal 7' x 15' 2 Piece, Heated Remote Both Sides $172.00 Delete Remote Mirror Controls and Heated ($20.00 oer side) $20.00 INTERIOR MIRRORS Base Mill'or - 8 1/2' x 16' Base Mirror - 4.75' x 15' ($18.00) PAINT & DECALS Base One Color w / Roof Numbers Base (2)Colors. With or Without Black Mask at Windows $710.00 (3)Colors. With or Without Black Mask at Windows $1.1 40.00 Basic Decal Package (Up to Three Strips or Equivalent Design) $790.00 Custom Paint / Decal Design (Per Spec) Quote Clear Coat Complete Bus $740.00 Gilli.g Provide Desi.gn Services for Paint / Decal Layout $750.00 Delete Roof Numbers ($68.00) ELECTRICAL / MULTIPLEXING Base Dinex , [/0 Controls G3 System Base I/O Controls Wireless RF Modu[e Sl,011.00 VO Controls, Gatewav Module (Included in the ITS Prewire Ootion) $542.00 Cole Hersee 12063 Electrical Tow Connector $103.00 ELECTRICAL STORAGE BOX BHse 33'H x 20'0 x 22.5'W, 13-42920F006 Base 33'H x 20'0 x 22.5'W, 13-42920FO 14, W / Louvered Back Panel $222.00 33tH x 20'D x 22.5'W, 13-42920F, W /2 - Dool's $156.00 SCHEDULE RACKS Base None Base Innocom Schedule Racks 3.75' x 7' x 1.5' $14.00 Innocom Schedule Racks 8.62' x I I' x I' $25.00 22' x 2 I' Black, RH Load Open Back $103.00 Transit Information Products -19'x 21' OBIC [9/214P I L TRMC $281.00 Transit Information Products -19'x 21' OBICTIOP2L TR1\1C $383.00 FIRE SUPPRESSION SYSTEM Base Amerex V-25 System BASE JOMAR Firestick Liquid $410.00 Kidde - Dual Spectrum $189.00 Delete Amerex ($ 1.800.00) {OI352523;5} LYNX CONTRACT 09-C05 Page 24 of 32 PacketPage-1227- 6/14/2011 Item 16.A.24. BIKE RACK Base I None Base I Sportworks - 2 position Bike, Black Powder Coated I $1,086.00 SpOltworks - 2 Ilosition Bike, Stainless Steel $1,412.00 I Velo Porter $1,487.00 I Midwest Bus - BYK RYK $885.00 T Bike Rack DelJlovedLamp on Dash $97.00 I Bike Rack 5' Spot Mirror I $38.00 I Bike Rack Mounted Advertising Frame, 14'x 44' $2 I 6.00 I Mounting Brackets Onlv $298.00 I VIDEO SURVEILLANCE SYSTEM Base I None Base (4) Camera Pre Wire Package $1,936.00 I SEON TR4F wi Audio, 3 Sensor Inputs, 80 GiG. Remote Mic, Silent Alarm $4.335.00 I SafelY Vision RR6000 Pro w (4) Digital Color Cameras. 120 GB DVR, w I Audio $5,8] 6.00 MARCH Network (8) Camera System $9,997.00 I REI Bus Watch Digital $3.734.00 I TVSS Claim Safe Tl1 w 14 Digital Cameras $6.272.00 I Mobileview IV Digital, (5) Cameras, 250 GB DVR, w I Audio $7,699.00 Rear View Camera System $1.1 02.00 I Add Additional Color Camera $440.00 Central Station Mobileview (Kalatel) $4.973.00 Desk Top Viewing Station (REI) I $3300.00 I Video Test Kit Mobileview IV-Kalatal $1.327.00 AUTOMATIC PASSENGER COUNTER Base None Base UTA Automatic Passen!.!er Counter System with GPS, WLAN Capabilities $11.841.00 UTA APC Sensors, Cablin.!.!, CPU Only $4.666.00 SAFETY EOUIPMENT Base Fire Extinguisher and Safety Triangle Kit Base Twenty-Four Unit First Aid Kit $62.00 I Ten Unit First Aid Kit $37.00 Blood Born Pathogens Kit $37.00 Bio- I-Iazard Disposal Kit $37.00 (3) 20 -Minute Road Flares $26.00 I Wheel Chocks ( Per Set) $26.00 I MANUALS Base I Drivers Handbook ( I Manual I 1 CD PCI' 3 bus order) Base Base Service Manual ( I Manual / 1 CD Per 3 bus order) Base Basel Parts Manual ( I Manual! I CD Per 3 bus order) Base Base I Electrical Schematics ( 1 Manual I I CD Per 3 bus order) Base Basel Vender manuals ( ] Manual I I CD Per 3 bus order) Base Additional Driver's Handbook I $25.00 Additional Service Manuals $125.00 Additional Parts Manuals $125.00 Additional Electrical Schmatics $125.00 Additional Electrical Multi\llex $25.00 Additional Cummins ISL Manuals (4 Books) $550.00 {OI352523;5} LYNX CONTRACT 09-COS Page 25 of 32 Packet Page -1228- . . . . . . 6/14/2011 Item 16.A.24. Additional Allison B400 Manuals (6 Books) $195.00 Additional ZF 6HP594 Manuals (5 Books) $165.00 Additional Voith Manuals (7 Books) $60.00 Additional Amerex Manuals $45.00 Additional TR W Steering Gear Manuals $15.00 Additional Thermo King Manual $45.00 Additional Carrier HV AC Manuals (2 books) $45.00 Additional CD's $65.00 TRAININ G Base None Base Operator Orientation - 8 hours, (Customer Property) Price Proposal Form $] ,250.00 Maintenance Orientation - 4 hours, (Customer Property) Price Proposal Form $625.00 Technical Training - 96 hours, (Customer ProlJertv) Price ProlJosal Form $14.000.00 Body, Chassis, Suspension and Steering - (24 hour class) , Procuring Agency Property $3,500.00 Electrical and Electronics - (24 hour class) . Procuring Agency Pronertv $3,500.00 Air and Brake Systems - (24 hour class) , Procuring Agency Property $3.500.00 HV AC And Climate controls - ( 8 hour class) , Procuring Agencv Property No ChaJ'ge Engine - (24 hour class), Per Student $1,050.00 Transmission - (24 hour class) , Per Student $1,050.00 Wheelchair Ramp - (4 hour class), Procuring Agency Property No Chlll'ge Destination Sign - (8 hour class), Procuring Agencv ProIJerty No Char2"e Doors - Procuring Agency Property, Included in Body/Chassis Axles and Tires - Procuring Agency Property, Included in Body/Chassis Fire Suppression - (8 hour class). Procuring Agencv PrODertv No Charge Hybrid Drive - (16 hour class), Procuring Agency Pronerlv $5,300.00 Engine OEM Training (24 I-lour Class. 2 persons ), At Local Dealer $2,100.00 Transmission Training (24 I-lour Class. 2 persons ). At Local Dealer $2,100.00 Hybrid Transmission Training - (24 I-lour Class, 2 persons), At Local Dealer $5,300.00 Data Communications System OEM Training (2 persons ). At Local Dealer, Pending System Spec Quote Hybrid Drive OEM Training ( 2 persons ), At Local Dealer $5,300.00 Fare Collection OEM Training ( 2 persons ), At Local Dealer $3,500.00 TRAINING MODULES ISUB400R Power Plant $103,950.00 ISUVoith D864.5 $103,950.00 ISL/ZF HP594 S I 04,902.00 I-IV AC Training Module $26,250.00 I/O Controls Multiplex Board $17,525.00 Air Brake Training Board $16,910.00 WARRANTY and/oJ' EXTENDED COVERAGES Base Complete Bus - 1 vear / Unlimited Miles Base Complete Bus - I Year / 50.000 Miles - Deduct ($500.001 Base Engine - 5 Year /300,000 Miles Base Engine - 2 Year / Unlimited Miles - Deduct ($3.200.00) Base Transmission - 5 Year / Unlimited Miles (Voith/ZF limit 300,000 Miles) Base Transmission - 2 Year /100,000 Miles - (Allison) Deduct ($2, I 00.00) Transmission - 2 Year /100,000 Miles - (Voith) Deduct ($2, I 00.00) {0135252J;5} LYNX CONTRACT 09-C05 Page 26 of 32 Packet Page -1229- 6/14/2011 Item 1 Transmission - 2 Year / 100,000 Miles - (ZF) Decluct ($2.100.00) Base Hybrid Drive System 2- Year I 100,000 Miles Base Base Differential- 2 Year / Unlimited Miles Base Differential - 2 Year / 100,000 Miles - Deduct ($375.00) Base BV AC - 3 Year Unlimited Miles Base HV AC - 2 Year Unlimited Miles - Deduct (TK) ($1.450.001 HV AC - 2 Year Unlimited Miles - Deduct (Carrier) ($500.00) Base Starter Motor - I Year / Unlimited Miles Base Base Basic Body Structure - 3 Years / Unlimited Miles Base Base Wheelchair Ramp - ( Lift-U ) 3 Year i Unlimited ( Parts Only) Base I Wheelchair RamI) - ( Lift-U ) I Year (Parts Only) - Deduct ($300.00) Base Wheelchair RamI) - ( Ricon) 2 Year / Unlimited Base Base Exterior Paint - 3 Year I Unlimited Miles Base Base StrucLurel Body Integrity Against Corrosion - 7 Year / Unlimited Miles Base Structure/ Body Integritv Against Corrosion - 7 Year / 350,000 Milcs ($500.00) Base Sub Floor - 12 Years I Unlimited Miles Base Base Rubber Floor Matcrial- 12 Year I Unlimited Miles Base Base Body and Window Frames Against Leaka.ge - 7 Year Unlimited Miles Base I Body and Window Frames Against Water Leakage - 4 Year 1200.000 Miles ($600.00) Body and Window Frames Against Watcr Leakage - I Year 150,000 Miles ($1.200.001 QTY SPARE PARTS I Differential Center section ( Drop in Only) $4.760.00 I I X 426 /430 A/C compressor w / Clutch assembly $5.255.00 I I A/C Compressor - S 391 $5.390.00 I Reliance Brushless Condenser Motor $1.015.00 I I Reliance Brushless Evaporator Motor $ [,070.00 I I Heater Core $880.00 I I Set Wiper Motors I $484.00 I I Set Windshields ( Standard Transit) $480.00 1 Set of (3) One Piece BRT Windshields $3.068.00 1 2 Piece BRT Windshield $232.00 1 Set of Window Glazing ( 29' ) - I-Iidden Frame Fixed $8,15 1.00 1 Set of Window Glazing (35' ) - Hidden Frame Fixed $10,357.00 I I Set ofWinclow Glazing (40') - Hidden Frame Fixed $12,014.00 I I Set of Skirt Panels ( 29' ) I $2.990.00 I I Set of Skirt Panels ( 35' ) $3,520.00 I I Set of Skirt Panels ( 40' ) $3,905.00 I Engine Power Pack ( ISL / Allison) $55,260.00 I Engine Power Pack ( ISL I Voith ) $55.260.00 I I Engine Power Pack ( ISL / ZF ) $56,212.00 I I Engine ISL 280 I-IP ( w/o DPF) $24,880.00 I Allison Transmission ( B400R ) $20.080.00 I I Voith Transmission ( 864.5 ) $20,080.00 1 ZF Transmission ( 6HP 592/4 ) $? 1,032.00 1 Set of Twin Vision Destination Signs, 100% Amber LED, ( Front, Side, Rear) $8.600.00 I Set of Luminator Destination Signs. 100% Amber LED. ( Front, Side. Rear) $8,600.00 1 Twin Vision Front Electronic Dash Sign $813.00 1 Luminator Front Electronic Dash Sign $813.00 I Set Entrance Doors I $2.650.00 (OI352~23;5} LYNX CONTRACT 09-C05 Page 2i of32 Packet Page -1230- 6.A.24. . . . . . . 6/14/2011 Item 16.A.24. 1 Set of Exit Doors 34' $2,440.00 I Set of Exit Doors 48' $3.860.00 1 Set of Exit Doors 56' $4.2 I 0.00 I Door Motor $2.110.00 1 Left Rear Corner Panel $230.00 1 Rioht Rear Corner Panel $230.00 1 Rear Bumper $ [.095.00 1 Front Bumper $1,380.00 I Right Front Bumper Corner $190.00 I Left Front Bumper Corner $190.00 I Right Rear Bumper Corner $175.00 1 Left Rear Bumper Corner $175.00 I Front CaD ( Standard Transit) $3,340.00 I Front Cap ( BRT) $3.695.00 I Set of Access Doors 29' LlF ( Radiator, Trans, RR Fender, LR Fender, Battery, $2,475.00 Front) 1 Set of Access Doors 35' LlF ( Radiator, Trans, RR Fender, LR Fender, Battery, $2,650.00 Front) I Set of Access Doors 40' LlF( Radiator, Trans, RR Fender, LR Fender, BattelY, $2,9]0.00 Front) I LIFT-U Wheel Chair Rump 6: 1 Ratio, $8,557.00 I Ricon Wheel Chair Ramp 4: I Ratio $7.354.00 1 Sportworks - 2 Bike. Black Powder Coated $1.173.00 1 Sportworks - 2 Bike. Stainless Steel $1,525.00 1 GFI 41' Cents-a-Bill wi Trim $14.937.00 I GFf 41' Odvssev $16,185.00 I Deleo 50 ON $1,995.00 1 NeihoffC-70 I $2,140.00 I Neihoff C-703 $2,300.00 I Set of Drums and Linings 35' & 40' LlF (Front) $1,315.00 I Set of Drums and Linings 35' & 40' LlF (Rear) $1.135.00 I Set of Drums and Linings 29' LlF ( Front) I $1.030.00 I Set of Drums and Linings 29' LlF (Rear) $1.080.00 DIAGNOSTIC HARDWARE 1 Laptop PC - Dell Pentium M $2,574.00 1 Printer (J-38480-A) $768.00 ELECTRICAL DIAGNOSTICS I Set of Multiplexing Diagnostics (includes the 7 following items) $5, 184.00 Included Circuit Tester Tncl wi set Included Program Loader 1ncl wi set lncluded Program Incl wi set Included ID Writer/verification Incl wi set Included RS232/RS485 Converter lnel wi set Included Software, Real Time Ladder Logic Incl wI set Included Hand-Held Computer Incl wi set ENGINE DIAGNOSTICS 1 Cummins lllIine 5 Adapter Kit, Insite Basic I $1,356.00 ENGINE TUNE-UP KIT 1 Cummins Tune-Up Kit (includes the following) I $5,441.00 {OIJ52523;5} LYNX CONTRACT 09-C05 Page 28 of 32 Packet Page -1231- 6/14/2011 Item 16.A.24. Pressure Gauge [ncl w / Kit I Torque Wrench Incl w / Kit Oil Filter Wrench [ncl w / Kit I Engine Coolant & Fuel Wrench lncl w / Kit I Belt Tension Gauge Tnel w / Kit I Belt Tension GaUlze Incl w / Kit I Charge-AlC CAC Pressure Kit Incl w / Kit I Engine Barring Gear Incl w / Kit Torque Wrench Incl w I Kit Roller Follower Rem. & Installation Tool Incl w / Kit COITIlJllcheck Fittina Incl w / Kit I TRANSMISSION DIAGNOSTICS I Allison Cable & Software $1,636.00 I Voith Cable & Software $665.00 I Voith Service Tool Kit $4.290.00 1 I Set ofZF Diagnostics ( Includes the 3 following items) $3.240.00 Inelude~ I Testman Diagnostic System Incl w / Set Include~ SAE Cable Incl w / Set [nclude~ Ecomat Testman Software . [ncl w / Set I DESTINATION SIGN PROGRAMMING I Luminator Flash Card & Software $411.00 [ I Twin Vision Flash Card $200.00 I I Twin Vision Software Package $667.00 I BV AC SPECIAL PURPOSE 1 I TK Intclligaire II Diagnostics $521.00 I I Carrier Micromax ATE Diarmostics ; $295.00 I I Webasto Diagnostic Tool $182.00 [ Van Steenburgh Regiona[ Recovery System (JV90-1) $9.749.00 I TOWING & HOISTING 1 Set Towing Adapters / Tow Bar $4,943.00 1 I Set of Hoist Adaoters (Includes the 4 following items) $2.681.00 Inelude~ Front Saddle Incl w / set IncludeU Front Adallters Incl w / set Inelude~ Rear Saddle Inel w / set Include~ Rear Adapters [ncl w / set BRAKE SYSTEM DIAGNOSTICS I Meritor Software (Tool Box), Serial Link / Interf.1ce Kit $1.093.00 HYBRID DRIVE TOOLS I[ S!)ecial Purpose Hybrid Drive Tool Kit . $21 ,826.00 MISCELLANEOUS ALTERN A TIVES Ba~e None Base I Engine Dolly $4,530.00 I Phillips Thermo Block Heater $96.00 I Engine Skid Protection $306.00 EMCO- Wheaton Posi-Lock Nozzle $6[7.00 Mobile Receiver for S&A 392 Hubodometer $1,150.00 Floor Mounted 4-way Flasher Switch I $72.00 I Cup Holder $46.00 I Auxilimy Drivers Fan I S16.00 {OI352523:5} LYNX CONTRACT 09-C05 Page 29 of 32 Packet Page -1232- . . . . . . 6/14/2011 Item 16.A.24. Stainless Steel Trash Baa Holder Transfer Cutter Ke 'cd I!lnition Switch Fiber 0 )tic Backlighting on Drivers Dash 12V Power Port on Driver Dash Exterior Ad Frame- Front 21' x 40' Exterior Ad Frame- Curbside 30' x 88' Exterior Ad Frml1c-Streetside 30' x 144' Exterior Ad Frame Rear 21' x 72' $66.00 $48.00 $23.00 $633.00 $65.00 $92.00 $132.00 $171.00 $121.00 INTERIOR LIGHT OPTIONS Description 29' 35' 40' I/O Controls LED Interior Lights Base Base Base Pretoria LED Interior Lights $0.00 $0.00 $0.00 Open Bottom Racks $5,762.00 $10.266.00 $12.695.00 Suburban Package Racks / Open Bottom $9.082.00 $10.663.00 $12.809.00 WINDOWS OPTIONS Description 29' 35' 40' Laminated Safety Glass (1/4') - Framed Sliders Base Base Base Laminated Safety Glass (114') - Framed Fixed ($1.040.00) ($1,550.0(J) ($ 1.889.00) Laminated Safety Glass (1/4') - Framed Transom ($264.00) ($614.00) ($991.00) Hidden Framed Bonded - Fixed $1.506.00 $1.555.00 $1.674.00 Hidden Framed Bonded - Transom $2,487.00 $3.064.00 $3.485.00 Add Window Guards (Acrylic Liner or Film) $1,067.00 $1,486.00 $1,720.00 PASSENGER SEAT OPTIONS Description 29' 35' 40' AMSECO - 6468 Base Base Base AMSEeO - Insight $ 1.530.00 $1,951.00 $2.296.00 AMSECO - Metropolitan $595.00 $618.00 $728.00 AMSECO - 6466 $2,124.00 $2,970.00 $4,130.00 AMSECO - 6566 Quote $5.067.00 $6.248.00 AMSECO - 2005 16466 Suburbans Quote $3.391.00 $3.957.00 AMSECO - Innovator 850 $8.092.00 $10,527.00 $13,027.00 Freedman - Angel $1,303.00 $2,490.00 $3,4 18.00 Freedman - Citiseat $49 LOO $1.237.00 $1,937.00 Freedman - Citipro $2,627.00 $3,695.00 $4,911.00 Freedman - Diablo ($652.00) ($273.00) $258.00 Freedman - Patriot Quote $1.182.00 $780.00 USSC Aires - 4MA $4,513.00 $5.637.00 $6.632.00 USSC Mariella 6MZ $2.190.00 $3,511.00 $3.906.00 Add (3) Passenger Seats to Curbside Wheel well ( 29' UF Only) $997.00 Add (2) Passenger Seats to Curbside WheelwelI ( 29' UF Only) $665.00 Hinged Rear Settee $269.00 $269.00 $269.00 {01352523;5} LYNX CONTRACT 09-C05 Page 30 of 32 Packet Page -1233- 6/14/2011 Item 16.A.24. ! TROLLEY STYLING PACKAGE Dcscdptioll 29 ft 35 ft 40 ft Classi~ San Francisco $49.680.00 $56,325.00 $63,050.00 Optiolls woodlScats $8,064.00 $8,260.00 $8,710.00 Wood Trimed Drivers Barrier Included $413.00 $413.00 Wood Trimcd Electrical Box $250.00 $125.00 $125.00 Brass owdercoated Stanchions & Grab Rails $2.600.00 $2,700.00 $2,800.00 Add \ inyl Seal Cushions $3, 100.00 $3,430.00 $3,860.00 Add qow Catcher $2,700.00 $2,700.00 $2,700.00 Add [.Iopelights $2,700.00 $2,800.00 $2,900.00 Add' intage Style Graphics Package $4,800.00 $4,900.00 $5.000.00 Add r ,r Hybrid Roof Compatibility $4,300.00 $4.300.00 $4,300.00 2Cal r Custom Paint for Trolley $1,608.00 $1,608.00 $1,608.00 Browr!l Leather Overhead Grab Straps - Each $30.00 $30.00 $30.00 . . {O 1J52523;5} LYNX CONTRACT 09-C05 Page 31 of 32 . Packet Page -1234- 6/14/2011 Item 16.A.24. . EXIDBIT "B" . . {0l352523;5} LYNX CONTRACT 09-C05 Page 32 of 32 Packet Page -1235- 6/14/2011 Item 16.A.24. 8J!!I3 . MINORITY BUSINESS ENTERPRISE (MBE) CERTIFICATION Gilli LLC, Box 3008, Hayward, California, hereby ceItifies that Gillig LLC has comPlied with the requirements of 49 CFR, Section 26 of the Transportation Assltance Act of 1982, and submitted the required documents to the Federal Trm ,sit Administration (FTA), formerly UJv1.T.A. FT A does not provide evidence of approval directly to manufacturers. However, tran it customers may call the FT A for verification: CYNTHIA PHIFER Regional Civil Rights Director FEDERAL TRANSIT AD:rvHNISTRA TION Offi.ce of Civil Rights 1200 New Jersey Street SE, 5lh FI~or, Office E54-427 Washington, DC 20590 Phone: 202-366-4018 . GILLIG LLC BY~~ TITLE SENIOR VICE PRESIDENT DATE JANUARY 29,2009 . 10-08 Packet Page -1236- . . . 6/14/2011 Item 16.A.24. Central Florida Regional Transportation Authority d.b.a. 19i~~~2:;;~2~;Z:;!.\ 'J. -....) '7;7 l'''j\ m ""). .'7 ('.'.':".'. C\~;<I ~"'.'" i.';! \X'.' /:i 1;;;.}..lL,lV.\/:....,~ .:::,'\1.... ..;, ';~:\ )v lY:I;{iJ,6~' \'HY' "l-<'/!"" '1 ,,,I')' "r,,' /."., ;ji~ .''''7 ;Y[,'i:_;# J:1~;~-:,:~J ,..{2:;"\~\ ".,'" "cl'o~'""',:J J& .}!i1 /,4 \~L ~_~'Jr '';;7'---- - -'6.;;.;..:.:.:1 (Jj \;,.'21 L;~t V'.:d "~~E~i;;f} 455 N. Garland Avenue Orlando, FL 32801 CONTRACT MODIFICATION 2. CONTRACT/ORDER NO: 09-C05 .1. EFFECTIVE DATE: 26 MAR 09 3. CONTRACT/ORDER DATE: 11 DEC 08 5. NAME AND ADDRESS OF CONTRACTOR Gillig LLC 25800 Claw iter Rd Hayward. CA 94545 L MODIFICATION NO: 2 4. ISSUED BY Central Florida Regional TranspOltation Authority 455N. Garland Avenue Orlando, FL 3280 I 6. THIS CONTRACT MODIFICATION IS ISSUED I'ERSUANT TO: General Provision 6.02.03 Changes Contractor is re uired to sign this document and return it to the issuing office. 7. DESRIPTION OF MODIFICATION a. The Cummins 2010 EPA compliant engine listed on the Base Equipment and Options section of the contract is hereby deleted. b. The manufacture withdrew the pricing of the engine due to further design requirements of the engine. c. All other terms and conditions remain unchanged. 8A. NAivlE AND TITLE OF SIGNER (Type or Prinl) BRIAN MACLEOD, SENIOR VICE PRESIDEN SB. CON . CTOR 8C. DATE SIGNED: APRIL 28, 2009 LYNX FORM PI REVISED 11/14/07 Packet Page -1237- 6/14/2011 Item 16.A.24. c. . Marc 26, 2009 i Mr. Brian Macleod Gillid Corporation 25SaO Clawiter Road Ha~ood. CA 94545 Dea~ Mr. Macleod: Due ~O a number of major factors beyond our control, Cummins must withdraw its earlier quote for engiies meeting the 2010 EPA emission regulations. Our r.ew estimates indicate a substantially higher price for the 2010 engines. and the premium over 2009 COUll be 2 to 3 times higher than previously advised. but we do not have final pricing as yet. We pologize for the quote withdrawal and the delay in providing final pricing. but we will advise you as soo as it is available. Sinel rely, ) -7 I, I I 7P~ ThXI as R. Hodek Ge erat Manager Wo idwide Bus Business . Cu mins Inc. 500 ackson Street, MC 60621 Col mbus, IN 47201 USA Ph]e 1 612377 3915 Fax 612 377 3062 tho as.r.hodek@cummins.com . Packet Page -1238- 6/14/2011 Item 16.A.24. . I3I!!I3 Posl Office Box 3008 Hayward, CA 94540-3008 (510) 785-1500 March 26, 2009 Via Fed Ex. & Email Mr. Richard Bannon LYNX 455 N. Garland Avenue Orlando, FL 32801-1518 RE: EMISSIONS RELATED PRICE INCREASE - RFP~08ROl Dear Mr. Bannon: Unfortunately due to a number of external factors, our engine costs for next year have increased substantially and therefore we are forced to request a corresponding increase in the price for buses with the optional 2010 compliant engines. This request does not change our base bus prices which included the current 2009 emission technology. However, it will increase the price for buses incorporating the optional 2010 emission compliant engines. . The attached notification from Cummins advises that their earlier price quote for 2010 engines has been withdrawn and while new pricing is still not available (their designs have not yet been fmalized), their preliminary estimates are that the price increase for the new technology (2010 pricing over 2009 pricing) could be 2 to 3 times what they had previously quoted. The net result of this impending increase along with recent related design changes could be an additional $15,000 to $20,000 per bus. Accordingly, we are respectfully requesting the Florida Consortium members to approve in principle GILLIG's request to revise our option pricing for buses incorporating 2010 and beyond emission compliant technology. At this time, we believe the price for the "2010 EP A Regulatory Changes" shown on our Base Equipment and Option Price Sheet (page 1 of 14) in our bid will increase from the shown amount of$13,827 to around $30,000. We will advise an exact number as soon as it becomes available from Cummins, however we felt obliged to provide this advance notification to the Consortium members as soon as we became aware of it. . We realize that this is an unusual request, but we are in unusual times and we have no alternative. Cummins is the only engine manufacturer in the world with a US EP A certified engine for Urban Bus (VB) applications and Cummins is the only engine manufacturer pursuing US EP A 2010 UB ceIiification. So we are unable to change to a different engine supplier and we do not believe that a different engine manufacturer would be willing to, or capable of producing a 2010 urban bus engine at an equivalent (to the new estimates) or lower price. Packet Page -1239- 6/14/2011 Item 16.A.24. i March ~6, 2009 Page 21 We J requesting this price revision for "Significant Equipment Modifications" in accordance with sb~ction 2.15, Contract Modifications, and our "Pricing Clarification" documen.t submitted in our id (attached). In our document we noted that pricing could change due to "Emissions and Other egulated or Mandated Changes", but that we would "not change the quoted pricing for the initial build" (i.e. the base product with the 2009 engine). In our statement regarding emiss~on changes, we advised that "changes .... related tofuture regulations .... or technologies neces4itating revisions from the currently proposed vehicle configurations .... may require a price adjustment ...." (Italics added). Accordingly, we are submitting the attached Cummins letter,~alOng with a copy of an earlier presentation slide showing the 2010 engine compartment layou at that time (vertical DPF, horizontal SCR, and curbside exhaust outlet) compared to a slide f our current configuration (horizontal DPF, vertical SCR, and street side exhaust outlet), to pro I e that the emission technologies have changed substantially and thus that this is a signicant equipment modification which justifies a price change request. . We a ologize for this unusual request but believe the Consortium members will be fair and agree that ( .) the cause afthe request is beyond Gillig's control, (b.) it could not have been reasonably anticil?ated by Gillig and that (c.) Gillig has no viable alternative, and therefore we request approval in principle for this unavoidable option price revision. ThanJ you for your consideration and please contact anyone of us at Gillig if you need anything else tJ justify approval ofthis request. sinJelY, I I . ~ Brian Macleod Senio Vice President BM: 1 Enc11sures cc: J. Policarpio B. Sibley . Packet Page -1240- fEI!!I3 6/14/2011 Item 16.A.24. L_D\N. r:=LDOR . PRICING CLARIFICATION All the following general comments and clarifications may not apply to your specific procurement, but they are included so as to avoid misunderstandings. However, they should not be construed as making this a conditional bid because they do not change the quoted pricing for the initial build. TAX STATEMENT The prices quoted for this procurement are for the specified deliver~bles only and exclude (unless specifically noted) any Local, City, County, State, Franchise or Income taxes, tariffs, fees, business licenses, or other licenses, that may need to be paid as part of the perfonnance of this contract, or any option of it If any additional fees are required, they will be. noted and added to the appropriate invoice. . EMISSIONS AND OTHER REGULA TED OR MANDATED CHANGES The prices quoted for the initial build quantity are for vehicles meeting aU applicable Federal and State regulations (including EPA, CARB, or NHTSA requirements) currently known to be in effect at the time of delivery of those vehicles. Changes caused by or related to future regulations, any subsequently enacted regulations, or technologies necessitating revisions from the currently proposed vehicle configuration (e.g. component change/availability due to emission or other regulations, requirements or mandates), may require a price adjustment, which would be subject to negotiation and agreement by both Gillig and the buyer. This latter statement is more likely to apply to future or optional builds that may need to use .different components or currently unknown or unavailable technology, to meet regulations or requirements in effect at the time(s) oftbose optional deliveries. Additional cost to meet 2010 emission requirements. are shown on the Base Equipment and Options price sheet. OPTIONAL BUILD PRICING Bus pricing for optional/future build quantities may be different from the initial build pricing because of the above regulated/mandated changes and/or due to customer initiated change notices. GILLIG LLC B~~ TITLE SENIOR VICE PRESIDENT DATE SEPTEMBER 19, 2008 . 1/18l2OO7(8'()8} Packet Page -1241- 6/14/2011 Item 16.A.24. I o u.s.loepartment of Trpnsportation Federal Transit Ad1inistrati~n January 7, 2010 Ms. I Linda S. Watson ChiJf Executive Officer Central Florida Regio.nal Transportation Authority 45SIN. Garland Avenue OrlIndO, Florida 32801 Re: Federal Transit Administration FY 2010 ARRA Review De . Ms. Watson: En~OSed is a copy of the repOlt of the Federal Transit Administration' s (ITA) ARRA Re1vl' ew. of the Cenu:aI Florida Regional TranspOltation Authority (LYNX). This review is t e FTA's assessment ofL YNX's compliance with Federal requirements in connection wit I the Florida ConsOltiuln Bus Pro'curement. There are a total of twenty five public transit systems that are members of this joint purehase consortium. Consortium members intend to use FTA financial assistance, inclhding funds provided under the American Recovery and Reinvestment Act (ARRA), to ~ocure new or replacement transit buses through this joint procurement. The purpose of the review was to identify if this procurement was undertaken in compliance with thh'd party contracting requirements of the Federal Transit Administration. No deficiencies welJe found. Several recommendations are contained in the repOlt for future LYNX pro urements. If . u have any questions about this report, Ms Jessica Granell of my staffis available to ass st you fUlther. She can be reac;hed at (404) 865-5622 or jessica.granell@dot.gov. . REGION IV Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, Virgin Islands 230 Peachtree, ~ Suite 800 Atlanta, GA 30303 404-865-5600 404.865.5605 (fax) . cc: Ken Mackel, FTA Headquarters Jessica Granell, FT A Region IV Enclosure . 1 Packet Page -1242- 6/14/2011 Item 16.A.24. . PROCUREMENT COMPLIANCE REVIEW OF THE FLORIDA CONSORTIUM BUS PROCUREMENT BACKGROUND Under its Triennial Review Program, the Federal Transit Administration (FTA) contracted Reid Consulting, LLC to perform a review of the Florida Consortium Bus Procurement undertaken in 2008 by the Central Florida Regional Transportation Authority (LYNX). This procurement was undertaken for LYNX and 24 other public transit systems within the State of Florida that are members of the Florida Public Transit Association. The purpose of the review was to determine if the procurement processes and procedures undertaken by LYNX are in compliance with FTA procurement requirements. DESCRIPTION OF THE PROCUREMENT LYNX was the executive agent on behalf of25 members of the Florida Public Transportation Association (FPTA) for the procurement of30 foot, 35 foot and 40 foot heavy duty transit coaches. Participating members of FPTA had submitted their bus procurement forecasts for the five year term of the contract. . The procw..ement was call'ied out through the competitive negotiation process. LYNX prepared a request for proposals (RFP) in cooperation with other members of the consOltium. The RFP was advertised in Passenger Transport, a weekly publication of the American Public Transit Association. Proposals were solicited on June 30, 2008. During the solicitation period there were six amendments to the RFP. Each amendment was provided to all interested proposers. The proposal due date was September 24, 2008. Lynx received five proposals. A proposal review committee that consisted of members of the consortium evaluated each proposal. The evaluation process utilized the evaluation factors that were contained in the RFP document and were weighted as follows: Product - 50 percent PeITormal~e-30peroent Price - 20 percent All bus manufacturers that submitted a proposal were invited to attend meetings of the evaluation committee and did so. As a result of the proposal evaluations, Gillig Corporation was aWal"ded a contract with an effective date of December 11,2008. There were no protests filed by the other four proposers. . Packet Page -1243- 6/14/2011 Item 16.A.24. I DE~CRlPTION .OF THE REVIEW PROCESS I The review process was carried out using standards that are contained in the pro~urement section of FTA Triennial Review as well as procedures contained in the FT A Procurement Systems Review guidance documents. . A desk review was conducted the first two weeks of November 2009. During the deSK review, the RFP and contract were reviewed. A checklist fl:om the Procurement sys~lem Review (Attachment 1) was used to determine if the documents contained req ired FTA provisions. Checklists fl:om the Triennial Review (Attachments 2 and 3) wer utilized to determine ifFTA required contract clauses and certifications were contained in the procurement documents. These checklists are attached to this report. On November 18, 2009 a site visit was conducted in the LYNX offices. The p ,oses of the site visit were to follow up on questions developed during the desk rev' wand examine the full procurement file. In attendance at the site visit were: Jessica Granell, General Engineer, FT A Region IV Richard Bannon, Manager of Procurement and Contracts, LYNX John R. Clare, Transit Specialist, Reid Consulting, LLC RE ULTS OF THE REVIEW The procurement appears to be in compliance with FT A third palty contract prO[iSions. The RFP was adequately advertised, contained a clear scope of work, did not co1tain any provisions that restricted full and open competition, and contained pro edures for bid protest. An independent cost estimate was prepared by LYNX. Competitive proposals were received from five sources. The proposal received fro Gillig Corporation (the successful pl'Oposer) was responsive to the requirements of thelRFP and contained executed lobbying, Buy America, and TVM certifications and re~Wred bus testing certifications and reports. Each proposal was evaluated in aC50rdance with the evaluation criteria that were contained in the RFP. The evaluation pr~cess was open and transparent. All manufacturers that submitted proposals attended oPln evaluation meetings. The contract document appears to be a sound and complete agreement. The co I tract document incorporates the RFP, all amendments to the RFP, the proposal and L ~ general contract provisions. The contract term, inclusive of options, does not ex~eed five years in length. The contract contains adequate termination clauses as well as I ell defined procedures for dispute resolution. All required FTA contract clauses are in luded in the contract.b . . Packet Page -1244- 6/14/2011 Item 16.A.24. . RECOMMENDATIONS Post Delivery Buy America Requirements Post delivelY Buy America requirements were not reviewed since vehicles have yet to be delivered. Compliance with these requirements should be reviewed during future Triennial or Procurement System Reviews of each cons011ium member. Evaluation of Options The procurement contains a multitude of optional equipment (both adds and deducts) that can be selected by each member of the consortium. It is required that each consortium member conduct its own evaluation to determine if the final price of its specific vehicle is fair and reasonable. It was recommended at the site review that LYNX send a written reminder to each consortium member to assure that they conduct the pdce analysis prior to their award. Compliance with this requirement should be reviewed during future Triennial or Procurement System Reviews of each consortium member. Contract Modifications and Change Orders . LYNX is the only entity that can issue a contract modification 01' change order to Gillig Corporation. This is an excellent contract provision to ensure contract control and will centralize cost and price analysis of any contract changes within LYNX. At the time of the review, there had been no contract modifications or change orders. Compliance with this requirement should be reviewed during future Triemlial or Procurement System Reviews of each consortium member. Technical Specifications There were several minor components in the technical specifications that specified a brand name without an "or equal" designation. However, Section 3.1 of the RFP states that brand names are used for illustrative purposes only. These areas were reviewed with LYNX during the site visit to allow LYNX to make corrections for future procurements. Protest Procedures The RFP contained wording in the protest procedures section that made it unclear if the procedures were applicable to RFP procurements. In addition, there was a lack of notification to bidders regarding their rights to file a protest directly to the Federal Transit Administration. LYNX has acknowledged these issues and has modified its boilerplate language accordingly. . Assignability The assignability provision ofthe RFP did not make reference to applicable FT A piggybacking requirements. It is recommended that this section be revised to include Packet Page -1245- 6/14/2011 Item 16.A.24. I I I refetence to FT A piggybacking requirements and that any assignments under the agr1ement will comply with these requirements. Bu~ America . The Buy America section of the RFP contained reference to a general waiver for 15 nassenger vans manufactured by the Chrysler COlporation. This general waiver was rep1aled by SAFETEA-LU. LYNX should amend its boilelplate language for future pro I urements. FT Circular 4220.1F It was pointed out that the clause titled "Incorporation ofFTA Terms" still made refe~rellCe to the previous version ofFT A's Third Party Procurement Circular (4220. IE). It i recognized that the procurement being reviewed was prior to 4220.IF taking effect. Ho ever, it is recommended that any references to 4220. IE be revised to 4220. IF and tha~ LYNX review its third party contracting procedures to assure compliance with 42 O.1F. ' . . Packet Page -1246- . 6/14/2011 Item 16.A.24. ATTACHMENT 1- CONTRACT PROVISIONS CHECKLIST ~.::;:~:/:;:.'::.?;:..~9~..i.M~I"'*~.9yi~i9~;!S:V:.;:::~;::.:..: :;.:;.,:,::':;~/i.'~}:;'.~;:.~X~y~iI,*~r.SB.~T~..).~:~:;?/Ui;,'::;:.: 1) Independent Cost Estimate IFf A C he grantee made and documented an independent cost 4220.lF, VI, stimate before recei t of ro osals. 2) Unreasonable Qualification 1FT A C Ws solicitation did not contain unreasonable 4220.1F, VI 2. a. 4) 8) e uirements placed on firms. Unnecessary experience and excessive bonding 3) Unnecessary Experieuce and Excessive 'equirements were not included in this solicitation or Bonding rFTA C 4220.1F, VI, 2. a. (4) (b) (e)l outract documents. here is no apparent or potential OCI and the solicitation ontaillS provisions to eliminate or mitigate the conflict 4) Organizational Conflict of Interest (OCI) e.g. by inserting a clause that prohibits the contractor IFTA C 4220.1F. VI, 2. a. (4) (11)} om competing for the follOW-all contract to the CutTent esign or research contact). ere was no arbitralY action in the procurement process. An example of arbitrary action is when award is made to 5) Arbitrary action [FTA C 4220.1F. VI, 2. a. ther than the contractor who most satisfied all the (4) 0)] frrantee's requirements as specified in the solicitation and s evaluated b staff.) here were several minor components in the technical pecifications that specified a brand name without an "or 6) Brand Name Restrictions IFTA C 4220.1 F, qual" designation. However, Section 3.1 oftbe RFP VI, 2. a. (4) (1)] t h b d d.c. '11 t' ates t at ran names are use ~or lustra Ive purposes nI. e solicitation contains no in-State or local geographic 7) Geographic PI'eferences rFT A C 4220.1 F, references except where Federal statutes expressly VI, 2.a.(4) (g))] andate or encourage them. he contract period of perfonnance for rolling stock and eplacement parts does not exceed five (5) years inclusive 8) Contract Term Limitation [FT A C 4220.lF f options without prior written FTA approval. For all IV, 2.( e)(lO) ther types of contracts, the procurement file contains vidence that the contract term is based upon sound usiness judgment. he grantee has written selection procedures and the 9) Written Procurement Selection Procedures olicitation also identifies all requirements that offerors rFT A C 4220.1 F. III, 3. a.; VI, 2. e.] ust fulfill and all other factors to be llsed in evaluating ids or ro osals. . 10) Solicitation Prequalification Criteria I A C 4220.1 F. VI, l.cl 11) Award to Responsible Contractors [FTA C 4220.lF, VI, 8. b.] 12) Sound and Complete Contract [FTA C 4220.1F, III, 3. b.; IV, 2.b.(6)(b) 4] . 13) Clear, Accuratc, and Complete Specification rITA C 4220.tF. VI, 2. a.; VI, 3. c. (2) (e)} he grantee made a determination that it was awarding to responsible contractor considering such matters as ontractor integrity, compliance with public policy, ecord of past performance, and financial and technical 'esources. his contract is a sound and complete agreement. In dditioll, it includes remedies for breach of contract and rovisions covering termination for cause and ollvenience. complete, adequate, and realistic specification or urchase description was available and included any pecifications and pertinent attachments that define the items or services sought in order for the bidder to roperly res ond. Packet Page -1247- :'f.:~/l:~:;:{:i.~;f<?~i%~fr~QW~ig~'~.~~;f\\:~;I ;': 14)1 More Than One Source FT A C 4220.1 F. VI, 3. d 15~ Publicized FTA C 4220.1F, VI, 3. d. 2 a 1~ Adequate Number of Sources Solicited FT A C 4220.IF, 3. d. (2 c 1 1~ Evaluation Factors in RFP FTA C 4220.1F, 3. d. 2 (d 18)!price and Other Factors. [ITA C 4220.1F, 3. d. (2) (e)J I 19) Evaluation of Options rF1i'A C 4220.1F, VI, 7. b.] I 20) Cost or Price Analysis [ITA C 4220.1F, VI, 6.J I 211 Wdtte. Record of ProcnrementHlstory [liifA C 4220.1 F, III, 3. d. (1)1 I I 22) Exercise of Options I A C4220.1F V 7. a. 1 a 23b Out of Scope Changes FlrA C 4220.1F, VI, 3. h. 3 c 2 Advance Payment Pl'Ovisions [ A C 4220.IF. N, 2. b. (S)(b) I 2~ Progress Payment Provisions [FffA C 4220.1F IV, 2. b. 5 c 2~ Time and Materials Contracts FIT A C 4220.IF, VI, 2.c. 2 21~ Cost Plus Percentage of Cost NrA C 4220.1F, 2. 2 a 2J) Liquidated Damages Provisions rNrA C 4220.1F, IV, 2. 504-610-6548 (b) c. 6)(b) 1 2~) Piggybaclcing lIT A C 4220.1F V, 7. a. 2 3q) Clauses [RTA C 4220. IF, N, 2.1 6/14/2011 Item 16.A.24. ,tY:~:::i:,'.:.:\\:.:::'~Y4jjA#q.~f~9~#~i~..::.~::;::;..;\:\j:::;:.;:~" ive proposals received. . dvertised in Passenger Transport 4/28/2008 LYNX did not solicit proposals beyond the public dvertisement. he RFP document contains the evaluation factors that ~ere used by the selection committee. ompleted evaluation sheets were reviewed at the site isit. Award was made to the firm receiving the highest core. here are numerous optional equipment choices. It is tbe 'esponsibility of each consortium member to complete an valuation of options selected by them to determine if the mal contract price of their procurement is fair and . easonable. This evaluation is to be undeltakell prior to ntering into a contact. ~ undertook an analysis of the Gillig price and etennined that the price is fail' and reasonable. The nalysis utilized the previous procurement price and inflated the price utilizing the Producer Price Index. This ocumentation was reviewed at the site visit. The file contains records detailing the history ofthis procurement. These records include: (1) Rationale for the method ofpl"Ocurement, (2) Selection of contract type, (3) Reasons for contractor selection or rejection, and 4 Basis for the contract price. . o contract changes or modifications had been made at he time of this review. e contractor did not receive an advance payment Itilizing ITA funds and the contract does not contain dvallce payment provisions or, if it did, prior written oncurrence was obtained fromFTA. ere is no provision in the contact for progress ayments. is is not a cost plus a percentage of cost - type contract. This contract contains liquidated damages provisions and the assessment for damages is specified in the contract at a specific rate per day for each day of ovemm in contract time. This contract contains the appropriate ITA required clauses. Please see Attachment 2. . Packet Page -1248- . . . 6/14/2011 Item 16.A.24. ATTACHMENT 2 - CONTRACT CLAUSE CHECKLIST : ........~i:i:.:.ftt~~;.':\ L<::;...:;.......c~~&t~i....;), No federal government obligations to third-parties by use of a disclaimer Program fraud and false or fraudulent statements and related acts Access to Records Federal changes Civil Rights (EEO, Title VI & ADA) Termination provisions Disadvantaged Business Enterprises (DBEs) Incorporation of Fl' A Terms Suspension and Debarment Buy America Provisions for resolution of disputes, breaches, or other litigation Lobbying Clean Air Clean Water Cargo Preference Fly America Construction Employee Protection - Davis Bacon Act - Copeland Anti-Kickback Act Contract Work Hours & Safety Standards Act Contracts >$10,000 (49 CFR s18l Contracts awarded on the basis of a bid or proposal offering to use DBEs Per Fl'A C 4220. IE and IF Contracts >$25,000 When tangible property Of construction will be acquired When acquiring property suitable for shipment by ocean vessel When property or persons transported by air between u.s. and foreign destinations, or between foreign locations Except for contracts <$2,000 or third party contracts for supplies, materials, or articles ordinarily available on the open market Contracts >$100,000 Packet Page -1249- .. , :.... , . ,. :i.G~::~T\:.: . '. ~ . '.- ,., - , , . .. .." . -- ':REFERENCE' : ... . , , ' .. .. -- .. S2.f X g3.f X 915.t X S2.c(1) X 812 X 911 X s12.d X gl5.a X 93.b X gl4.a X g52 X g3.d X S25.b X S25.c X S14.b X S14.c X 924.a NA NA :'f/'l;{,;};~~~~~'i':,';;::"';i'}'.'..c:~~~~~: "/i. :. I BonJng for constrnction activities exceeding $100,000 I Seisnllic Safety I I Nonclnstruction Employee Proteftion (Contract Work Hours and safety Standards Act) I Transit Employee Protective Arr~gements Charrer Service Operations SChopl Bus Operations Dru~Use and Testing Alco~Ol Misuse and Testing Pate~t Rights Rights in Data and Copyrights I Enerb- Conservation I Recyred Products ADA kccess I I Assi&nability Clause Special Notification Requirements for States 5% bid guarantee; 100% perfonnance bond; and Payment bond equal to: . 50% for contracts < $1 M . 40% for contracts> $1 M, but < $5 M . $2.5 M for contracts >$5M Contracts for construction of new buildings or additions to existing buildings Applicable to all turnkey, rolling stock and operational contracts (excluding contracts for transportation services) in excess of $2,500 (Note that 4220.1F raised this to $3,000) Safety-sensitive functions Safety-sensitive functions Contracts for items designated by EPA, when procuring $10,000 or more per year Contracts for rolling stock or facilities construction/ renovation Piggyback procurements Packet Page -1250- 6/14/2011 Item 16.A.24. .. '. . .::. .MASTE.R '. >- Aq.REEMENT. . REFE~~C~_ . ~15.0(1) NA ~23.e NA S24.b x S24.d NA 928 NA . 1329 NA 1332.b NA 932.b NA 917 NA 918 NA 1326 X 9l5.k X 1312.g x S15.a NA NA 937 . . . . 6/14/2011 Item 16.A.24. ATTACHMENT 3 - REQUIRED CERTIFICATIONS AND ASSURANCES ";-"::'::'-:",...: ::. ... ., .....:,;.-.,.':...:-..':. :..'. :',: '..." .. . ".. .' ". . . ~ ". o. . '.. . ..::::.;'u:.:;~.... .,:,:.;': :~9.gI.~~~~!.~:::.>:.:;~:'.~..<<.;.: Bus Testing Certification and Report TVM Certifications Buy America Certification Pre-Award Audit Pre-Award Buy America Certification Pre-Award Purchaser's Requirement Post-Delivery Audit Post-Delivery Buy America Certification Post-Delivery Purchaser's Requirement On-Site Inspector's Report Federal Motor Vehides Safety Standards (Pre-Award and Post-Delivery) Lobbying Certification Standard Form LLL and Quarterly Updates (when required) ,,:'C\~~~~~'k? :il~=; " Procurements of buses and modified mass produced vans All rolling stock procurements Procurements of steel, iron or manufactured products exceeding $100,000 Rolling stock procurements exceeding $100,000 Rolling stock procurements exceeding $100,000 Rolling stock procurements exceeding $100,000 Rolling stock procurements exceeding $100,000 Rolling stock procurements exceeding $100,000 Rolling stock procurements exceeding $100,000 Rolling stock procurements for more than 10 vehicles Motor vehicle procurements (49 CFR ~571) Procurements exceeding $100,000 Procurements exceeding $100,000 where contractor engages in lobbying activities Packet Page -1251- ~15.n(4) ~12.d(1) ~14.a s15.n(3) !315.n(3) ~15.n(3) s15.n(3) s15.n(3) !315.n(3) s15.n(3) s15.n(3) S3.d(1) S3.d(1) ; . x x x x x x NA NA NA NA x x NA