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  County Administrator's Report     10. 18.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 10/08/2015  
Issue:    Pensacola Beach Open-Air Trolleys - Release of Liquidated Damages
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning Pensacola Beach Open Air Trolleys - Release of Liquidated Damages - Joy D. Blackmon, P.E., Public Works Department Director 

That the Board authorize the release of the $9,000 of imposed liquidated damages for Classic Trolley, Inc., for the production and delivery of three single-decker, open-air trolleys.

[Funding:  Fund 104, Mass Transit - Cost Center 320402, Pensacola Beach Trolley, Object Code 56401]
BACKGROUND:
The Board of County Commissioners and Santa Rosa Island Authority (SRIA) Board entered into an Interlocal Agreement (ILA) on April 9, 2015, approving the use of Portofino Island Improvement Funds (PIIF) for the acquisition of three new trolleys to be used solely on Pensacola Beach (see attached).  The ILA included a not-to-exceed provision with an amount of $675,000 for the production and delivery of the three trolleys within 30 days following the issuance of a Notice to Proceed (NTP).  The ILA requires that the County return any unexpended funds following trolley delivery.  The Invitations for Bid solicitation package established liquidated damages at $500 per day for each consecutive day beyond the 30 day timeframe, and was also reiterated in the NTP issued on May 28, 2015 (see attached NTP).  The May 28, 2015 NTP began the 30 day timeframe with a final delivery date of the trolleys on June 27, 2015. The purchase price for the three trolleys was $652,855.

Classic Trolley, Inc. produced and delivered just 2 of the 3 required trolleys within the 30 day timeframe. The third and final trolley was not delivered until July 15, 2015, 18 days after the delivery was required to be complete. At $500 per day for 18 days, the total amount of liquidated damages is $9,000. The liquidated damages amount reduced the invoice payment to Classic Trolley, Inc. to $643,855. The $9,000 of liquidated damages has been placed on hold in the Purchase Order until the Board takes action. If the Board approves the release of the liquidated damages, County staff would simply transmit the $9,000 balance to the contractor.

During the time frame that Classic Trolley, Inc. were manufacturing the trolleys, they received several requests and/or recommendations for additional improvements or modifications to the trolleys prior to delivery (e.g. re-wrap the exterior to a different shade of green). Classic Trolley, Inc. has been asked to install three additional monitors (1 monitor per trolley) totaling $4,818 (equipment and installation); to install a Stop Request System on each trolley totaling $3,000 (equipment and installation); and to install bike racks on the front of each trolley totaling $8,200 (equipment and installation). Classic Trolley, Inc. agreed to the additional equipment installations, and then, at their own expense, re-wrapped the trolleys. The trip charge for their technicians for onsite installations of the monitors, stop request systems, and bike racks is $900.

The additional requests, including flights for techs and installation totals $16,918.

Meeting in regular session on August 12, 2015, the SRIA Board discussed the liquidated damages and, after taking into consideration of all the work and time that Classic Trolley, Inc. put into the project and has agreed to do above and beyond the original contract details and specifications, moved to approve the release of the liquidated damages pending BCC approval. See attached excerpt of the SRIA Board meeting minutes dated August 12, 2015.
BUDGETARY IMPACT:
Funds are available in F-104 Mass Transit - Cost Center:  320402, Pensacola Beach Trolley, Object Code:  56401.

Upon BCC approval, County staff will transmit the $9,000 of liquidated damages upon approval.
LEGAL CONSIDERATIONS/SIGN-OFF:
N/A
PERSONNEL:
No additional personnel are required.
POLICY/REQUIREMENT FOR BOARD ACTION:
N/A
IMPLEMENTATION/COORDINATION:
Transportation & Traffic Operations Division staff will coordinate with SRIA, Classic Trolley, Inc., and local stakeholders.

Attachments
SRIA Mtg Minutes
ILA
NTP

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