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HomeMy Public PortalAbout18-9530 Execute New Agreement w/Limousine of South Florida Sponsored by: City Manager RESOLUTION NO. 18-9530 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW AGREEMENT WITH LIMOUSINES OF SOUTH FLORIDA, INC., PIGGYBACKING ON THE CITY OF DORAL'S AGREEMENT, TO PROVIDE SERVICES ENSURING CONTINUITY OF SHUTTLE BUS SERVICES, IN AN AMOUNT NOT TO EXCEED $54.00 PER HOUR, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PAYABLE FROM ACCOUNT NUMBER 47-541342, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka ("City") had an agreement with Limousines of South Florida, Inc. ("LSF") that expired in February 2014; and WHEREAS, the City of Doral entered into a five (5) year Contract in 2014 with LSF pursuant to RFP 2014-09 attached as Exhibit "A"; and WHEREAS, the proposed agreement with LSF allows a minimum of thirteen (13) hours of operation per day, five (5) days a week and eight (8) hours on Saturday, not to exceed $54.00 per hour; and WHEREAS, the City Commission finds that it is in the best interest of the City to piggyback on City of Doral's Contract with LSF so it can benefit from already negotiated rates and enter into an agreement for shuttle bus services. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-locka hereby authorizes the City Manager to piggyback on the City of Doral's Contract with LSF and enter into a contract for shuffle bus services in the amount not to exceed $54.00 an hour, in a form that is acceptable to the City Attorney. Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Resolution No. 18-9530 Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 1S` day of August, 2018. yra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: ` l Joan Flores THE BROWN LAW GROUP, LLC City • erk City Attorney Moved by: COMMISSIONER RILEY Seconded by: COMMISSIONER HOLMES Commissioner Vote: 4-0 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: NOT PRESENT City of Opa-Locka Agenda Cover Memo Department Airia Austin Department Director: Director Signature: e51 •�. c� Finance Director: Bryan Hamilton FD Signature: Department Acting City Manager: Newall J. Daughtrey CM Signature: • / ,��,' — Commission 08/01/2018 Item Type: Meeting Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: (EnterXin box) (EnterXin box) X Public Hearing: (EnterXin box) x x (Enter Fund Advertising Requirement: &Dept) (EnterXin box) Funding Source: x Ex: Account#: 47-541342 Contract/P.O. RFP/RFQ/Bid#: Required: (EnterXin box) Strategic Plan Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list Related x Enhance Organizational Q the specific objective/strategy this item will (EnterXin box) Bus.&Economic Dev address) Public Safety J Quality of Education Qual.of Life&City Image El Communication 0 Sponsor Name City Manager Department: City Manager A resolution of the City Commission authorizing the City Manager to renew and execute contract with Limousine of South Florida, Inc as highly suggested by Citizen's Independent Transportation Trust Office to maintain the continuity of service for the North Route Monday through Saturday as is currently being serviced. Staff supports the passing of this resolution under our current surtax funding for the Circulator Service through Inter local agreement with Miami Dade County/Citizen's Independent Transportation Trust to operate on weekdays between hours of 6:00 a.m. to 7:00 p.m. and on Saturdays between hours of 9:30 a.m. to 6:20 p.m.except holidays within the City and connect residents to the Tri Rail Station, MDT bus stops, Flea Market, Miami-Dade College and other key areas.The agreement with Limousine of South Florida (LSF) does allow a minimum of thirteen (13) hours operation per day for five days a week and a minimum of eight (8) hours operation on Saturdays.The contract renewal will allow us to continue the Monday through Saturdays shuttle bus service. The shuttle bus service funded by Surtax proceeds through Interlocal agreement with Miami Dade County/Citizen's Independent Transportation Trust operates on weekdays between hours of 6:00 a.m. to 7:00 p.m. and on Saturdays between hours of 9:30 a.m. to 6:20 p.m. except holidays within the City and connect residents to the Tri Rail Station, MDT bus stops, Flea Market, Miami-Dade College and other key areas. The agreement with Limousine of South Florida (LSF) does allow LSF to a minimum of thirteen (13) hours operations per day for five (5) days a week and and a minimum of eight (8) hours operation on Saturdays; for an amount not to exceed$54.00 per hour. 1. Memo to the Manager dated July 20, 2018 2. Copy of the Agreement dated January 26,2011 3. Resolution#13-8663, 13-8549, & 10-8155 4. Limousine of South Florida Letter dated January 30,2018 5. Draft copy of the renewal agreement 9mm the Office of CIT Amu.4ustin,'"1 L D er CPT Director Carlos yvnra&,'Project Wanager Y'es%C ui((en,CI'PCoordinator MEMO TO: Newall J.Daughtrey,Acting City Manager FROM Airia Austin,GP&PWD Director d, DATE: July 20,2018 RE: Limousine of South Florida Shuttle Bus Service New Contract Agreement Limousine of South Florida has been providing the Shuttle Bus service to the City since February 1,2011 as indicates on the agreement dated January 26,2011.Based on Resolution#14-8758,the City was supposed to renew and enter into an agreement in February of 2014 to ensure the continuity of the Shuttle Bus service;however,the City never did and Limousine of South Florida continues providing this service without contract. In January of this year,Limousine of South Florida gave us a new proposal for a new agreement where the rate would increase from$46.00 to$54.00 dollars per hour.The increase is because they are changing the circulator vehide to a newer model. This proposal was verbally approved by the previous Assistant City Manager Mr.Green and the City Manager,Mr.Brown,and we were informed that Mr.Green was working with the attorney for the new agreement. The vendor contacted the City at the end of May to follow up on the Agreement,and as Mr.Green was no longer here,we had to follow up with the attorney to see how far he was with the new agreement and apparently there was a disconnection between the information we were receiving from Mr.Green and the Attorney.As a result of the follow up,my department was tasked to draft the agreement. The shuttle Bus Service is funded by the surtax proceeds and it is oversight by the Citizens'Independent Transportation Trust office at Miami Dade County.Failure to move forward with this agreement will jeopardize the shuttle bus service that Limousine of South Florida is currently providing to the City, which will also result in non-compliance with the OTT office. - Limousine of South Florida wanted to start the new rate in July of this year,and we negotiated with them to start it in August instead. ***END OF MEMORANDUM*** Attadwientsi - Agreement dated January 26,2011 along with Resolution#10-8155,13-8549,138663,&14-8758 - New Proposal from Limousine of South Florida for the North Route - New Agreement Draft 780FI(ER R.NSPR`EDT•4291 FLOOR•OPA-L0 .•FLORIDA•33054 m:(305)953-28685AZ(305)953-2870 Sponsored by: City Manager RESOLUTION NO. 14-8758 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW AND EXECUTE THE AGREEMENT WITH LIMOUSINES OF SOUTH FLORIDA, INC. IN AN AMOUNT NOT TO EXCEED $46.00 PER HOUR AS PER CONTRACT DATED JANUARY 26, 2011, ENSURING CONTINUITY OF THE SHUTTLE BUS SERVICES, PAYABLE FROM ACCOUNT NUMBER 44-541810, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Resolution 10-8155, Resolution 13-8549 and Resolution 13-8663, the City of Opa-locka has an existing agreement with Limousines of South Florida, Inc. ("LSF"); and WHEREAS, the City Commission of the City of Opa-locka ("City") desires to renew the City's agreement with Limousines of South Florida, Inc. ("LSF"); and WHEREAS, through grant funding from Job Access Reverse Commute ("JARC"), the shuttles services operate on weekdays, from 6 am through 7 pm (excluding holidays), connecting residents to the Tri-Rail Station, MDT Bus Stops, Flea Market, Miami Dade College and other key areas; and WHEREAS, the current agreement with LSF allows a minimum of thirteen (13) hours of operation per day, five days a week, not to exceed $46.00 per hour, with the City matching 50% of cost as required by JARC Grant; and WHEREAS,the City Commission desires to authorize the City Manager to renew the agreement with Limousines of South Florida, Inc., for shuttle bus services. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Resolution No. 14-8758 Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka,hereby authorizes the City Manager to renew and execute the agreement with Limousines of South Florida, Inc. in an amount not to exceed$46.00 per hour,as per contract dated January 26, 2011,payable from account number 44-541810, a budgeted item. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of February, 2014. _J T MA OR Attest to: J 4: •a Flores Ay Clerk Approved as to form and legal sufficiency:0/0 iddi/4I - 'g J.1 . Seller EN' 'OON MARDER PA Ar ty Attorney Moved by: COMMISSIONER J SON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES City of Opa-Locka Agenda Cover Memo Commission Meeting February 12,2014 Item Type: s s a Date: X (Enter X in box) Fiscal Impact: Ordinance Reading: (Enter X in box) mss (Enter X in box) x Public Hearing: (Enter X in box) Funding Source: (Enter Fund& Advertising Requirement 4o ., Dept) (Enter X in box) Account#32-541340 CIP x Contract/P.O.Required: - o RFP/RFQ/Bid#: (Enter X in box) X Strategic Plan Related _ x Strategic Plan Priority Strategic Plan ObjJStrategy: (Enter X in box) Area: (list the specific objective/strategy X this item will address) Enhance Organization Bus.&Economic Dev 0 LSF is a highly suggested Public Safety ilitj provider for SFRTA and required Quality of Education 0 in order to to continue Shuttle QuaL of Life& City Imp Bus Monday thoough Friday Communcation Sponsor Name Department: City Manager CIP f Y, A resolution of the City Commision authorizing the City Manager to renew and execute contract with Limousines of South Florida,Inc as highly suggested by SFRTA in order to maintain the continuity of service the North Routes Monday through Friday as is currently being serviced . . m `'; Staff supports the passing of this resolution under our current grant funding for shuttle buses through Job Access Reverse Commute (JARC) to operate on weekdays between hours of 6am and 7pm except holiday(s) within the City and connect residents to the Tri Rail station, MDT bus stops, Flea Market, Miami-Dade College and other key areas. The agreement with the Limousines of South Florida (LSF) Wage does allow a minimum of thirteen (13) hours operation per day for 5 days a week. The contract renewal will allow LSF to continue the Monday through Friday shuttle bus services. - The shuttle buses through grant funding Job Access Reverse Commute (JARC) operate on weekdays between hours of 6am and 7pm except holiday(s) within the City and connect residents to the Tri Rail station, MDT bus stops, Flea Market, Miami-Dade College and other key areas. The agreement with Limousines of South Florida(LSF)does allow LSF to a minimum of thirteen(13)hours operation per day for(five)days a week;for an amount not to exceed$46.00 per hour as stipulated in their January 26, 2011 contract. 1. Copy of Original Agreement dated January 26,2011 2. Resolution#13-8549 dated July 25,2013 to amend agreement to renew the interlocal agreement with South Florida Regional Transportation(SFRTA)for continuity of the bus shuttle operations 3. Resolution #13-8663 dated July 30, 2013 with South Florida Limousine Services to include Saturday Bus Shuttle Services Prepared by: Delia Rosa Kennedy,Grant Administrator 2IPage • rB"s..- •Memorandum To: Mayor Myra L. Taylor Vice Mayor Joseph L. Kelley Commissioner Timothy olmes Commissioner Dorothy" ottie' J s i I n Commissioner Luis B. S. ti..o FROM: Kelvin L. Baker, Sr.,City Man. iI DATE: January 22,2014 RE: Renewal and execution of the contract agreement with Limousines of South Florida, Inc. (LSF)for the non-interruption of Shuttle Bus services for the North Route as required by SFRTA for Monday through Friday services. A resolution has already been passed for the Saturday Services as per attachment. Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO RENEW AND EXECUTE THE AGREEMENT WITH LIMOUSINES OF SOUTH FLORIDA, INC. IN THE AMOUNT NOT TO EXCEED $46.00 PER HOUR PER PRIOR CONTRACT DATED JANUARY 26, 2011 TO ENSURE CONTINUITY OF SHUTTLE BUS SERVICES MONDAY THROUGH FRIDAY AND MAINTAIN UNIFORMITY OF SERVICES WITH SFRTA Description: The shuttle buses through grant funding Job Access Reverse Commute (JARC) operate on weekdays between hours of 6am and 7pm except holiday(s) within the City and connect residents to the Tri Rail station, MDT bus stops, Flea Market, Miami-Dade College and other key areas. The current agreement with the Limousines of South Florida (LSF) does allow LSF to a minimum of thirteen (13) hours operation per day for (five) days a week not to exceed $46.00 per hour as indicated in their January 26,2011 contract Account Number: 44-541810 Financial Impact: The city will match 50%of cost as required per JARC grant not to exceed$46.00 per hour for thirteen(13)hour per day per January 26, 2011 contract with LSF Implementation Time Line: North Routes have been running successfully from Monday to Friday. Legislative History: Original Agreement January 26,2011 Recommendation(s): Staff strongly recommends approval of this resolution in order that we may provide continuous continuity of services to our residents. Under advice from SFRTA, the continuity of using Limousine of South Florida has been used is highly suggested since LSF provides service for SFRTA for the South Rote and uniformity of service is pivotal. Analysis: Limousines of South Florida (LSF) has been successfully providing shuttle bus services for the North route since January 26, 2011 and they provide services for the South Route operated by South Florida Regional Transport Authority (SFRTA). The conditions set forth in the JARC grant from Federal Transit Administration (FTA) are conditional upon providing all shuttle services Monday through Friday. ATTACHMENT(S): 1. Copy of Original Agreement dated January 26,2011 2. Resolution#13-8549 dated July 25, 2013 to amend agreement to renew the interlocal agreement with South Florida Regional Transportation(SFRTA)for continuity of the bus shuttle operations 3. Resolution #13-8663 dated July 30, 2013 with South Florida Limousine Services to include Saturday Bus Shuttle Services END OF MEMORANDUM Agreement By and Between City of Opa Locka & Limousines of South Florida,Inc. For Operation and Maintenance of Transit Bus Service THIS AGREEMENT dated 26tlday of Jan ,2011 by and between the City of Opa Locka(herein,the "City"), a Florida Municipal Corporation, and Limousines of South Florida, Inc., a Florida corporation, hereinafter"Contractor". WHEREAS, city desires to provide a community transportation service to allow residents access to a number of destinations through public transit;and WHEREAS, City has determined that it would be in the public interest to provide said transit services by contacting with a private transit service provider to operate said transportation service;and WHEREAS, City has selected Contractor for the operation and maintenance of the transit bus system which shall be known as the"Opa Locka Shuttle Bus Routes"and described herein. IN CONSIDERATION of mutual terms, conditions, promises, covenants and payments hereinafter set forth,City of Opa Locka and Contract agree as follows: ARTICLE 1 DEFINITIONS, 1.1 "Agreement"means this Agreement as it may be modified from time to time. 12 "Contractor"means Limousines of South Florida,Inc.,a Florida corporation. 13 "County"means Miami-Dade County,a political subdivision of the State of Florida. 1.4 "City"means the City of Opa Locka,a municipal corporation of the State of Florida. 1.5 "Revenue Hours"means the time between the fast bus route stop and the last scheduled bus route stop,rounded to the nearest hour,as set by the City from time to time. ARTICLE 2 CONTRACTOR'S SERVICES 2.1 Contractor agrees to provide all services necessary to provide for the day to day management, operation and maintenance of the public transportation services for the"City of Opa Locka Shuttle Routes" according to any future Agreements between County and City. Contractor shall comply with every term;condition;duty and obligation set forth in this agreement. 2.2 Any and all fares collected will belong to the City and fare canister will be delivered to the City Finance Department for the City to count and reconcile. 1 23 Established service shall be on fixed routes with designated intermediate stops. The hours of operation shall be initially fixed by the City and may be changed from time to time at the absolute discretion of the City. 2.4 Contractor shall keep records concerning the number of passengers per revenue hour on each route operated by the Contractor. 2.5 Contractor will provide the City with one (1) 16-passenger minibuses that will be in service a minimum of thirteen hours per day,five days per week. 2.6 Vehicles shall be operated by properly licensed operators employed by Contractor. These employees shall provide full utilization of vehicles to disabled passengers while in service. 2.7 Contractor shall maintain the vehicle provided by the City in accordance with manufacturer's standards and keep vehicles in a reasonable and safe condition at all times. 2.8 Contractor shall comply with all applicable requirements of the Americans with Disabilities Act (ADA)as amended at all times. 2.9 Contractor shall at all times during this Agreement comply with the requirements of the Miami- Dade County Ordinance pertaining to the maintenance of a Drug Free Work Place Program. 2.10 Contractor at all times during this Agreement shall comply with all applicable requirements of the United States Department of Transportation and the Federal Transit Administration, which shall include,but not be limited to,regulations for drug and alcohol testing.To the extent that any terms of this Agreement are inconsistent with the United States Department of Transportation regulations,the requirements of the United States Department of Transportation shall control. 2.11 Contractor agrees that if the City specifies a City logo for the buses, it shall be placed on the vehicle in the manner specified by the City. Contractor shall not place any advertising or other graphics or lettering on(or within)the bus except what is required by law or ordinance.City may elect to wrap buses at their sole cost and expense. 2.12 Contractor shall maintain certain records of information and data in the format prescribed by the City and shall furnish such records to the City on a monthly basis. ARTICLE 3 CITY'S SERVICES 3.1 City shall review all policies established by the Contractor relative to the public transportation services. 3.2 City shall be responsible for the service planning, including adjustments to the mutes,schedules and such other factors that affect the quality of service provided. 3.3 City shall be responsible for designation of transit stops. It is understood that passengers will be able to board and depart at designated stops. 3.4 City will be responsible for payment to the Contractor in a timely period,not to exceed thirty(30) days from time of invoice being submitted to the City. 2 ARTICLE 4 TERM AND TIME OF PERFORMANCE 4.1 The term of this Agreement shall begin on February 1, 2011 and shall remain in effect until January 31,2012. The parties may agree to extend this Agreement for an additional one(1) year term. The City or the Contractor is under no obligation to extend or renew this Agreement after its expiration. 4,2 The City shall be entitled to terminate this Agreement for any reason during the term hereof upon thirty (30) days prior written notice to Contractor. The Contractor shall be paid all compensation through the effective date of such termination." ARTICLE 5 COMPENSATION 5.1 In return for services provided by Contractor and specified in this Agreement,the City agrees to pay Contractor Forty-Six dollars($44.60)per hour,per vehicle in revenue service.The City shall not be responsible for payment of any other monies to Contractor under this Agreement. 5.2 City shall pay Contractor invoices monthly. Contractor shall submit invoices to the City documenting hours of service provided by the Contractor during the preceding month together with such additional documentation,which may be required by the City(e.g.,ridership statistics). Within thirty(30)days of receipt of such invoices, City shall compensate Contractor pursuant to the terms set forth herein. ARTICLE 6 PERFORMANCE STANDARDS, 6.1 The public transportation service described in this Agreement must begin operations on February 1,2011 and such service shall run according to the schedule set forth in Exhibit A. The schedule shall be followed unless otherwise agreed upon in writing by the parties. 6.2 Contractor shall complete one hundred percent(100%) of all scheduled trips on a daily basis, subject only to delays, which are attributable to vehicular accidents or mechanical breakdowns. ARTICLE 7 PERSONNEL REOUIREMENTS 7.1 Contractor shall designate a Project Manager who will oversee the complete operation of the public transportation service and who will serve as the day-to-day liaison with the City. 72 Vehicle chauffeurs employed by the Contractor during the term of this Agreement shall be properly licensed operators. The vehicle chauffeurs shall have the qualifications as required by the State of Florida and the County. All drivers shall,during the term of this Agreement possess the following qualifications and adhere to the following standards. Contractor shall immediately dismiss any driver from performing services under this Agreement if driver fails to maintain said qualifications or standards as listed below: 72.1 Minimum age for driver shall be 21 years. 3 7.2.2 Drivers must possess a valid Florida commercial driver's license as required by law. 7.2.3 Drivers shall have no more than three (3) moving violations or accidents (counted individually or combined)within a five(5)year period. Drivers shall have no history of a conviction fora DUI, DWI, or possession, control, or distribution of an illegal substance. Additionally, drivers shall have no history of felony convictions. Finally,in the event a law enforcement agency charges a driver with any of the foregoing, upon receipt of knowledge of such fact,the driver involved shall be suspended. 7.2.4 Drivers must be capable of speaking, writing and understanding the English language fluently. 7.2.5 Drivers shall operate the vehicle in a safe and timely manner. 7.2.6 Drivers shall be courteous to all passengers and the general public at all times and shall respond to passenger questions regarding the use of the subject service. 7.2.7 At all times while on duty, drivers shall wear clean and presentable uniforms which include a company shirt, appropriate length shorts, skirt or pants and closed toe shoes. Torn,frayed,stained,or severely faded uniforms shall not be considered"presentable". 7.2.8 Drivers shall distribute or collect flyers, handouts, surveys, etc., as City may request from time to time. 7.2.9 Drivers shall not accept gratuities. 72.10 Drivers shall assist passengers with disabilities with entering and exiting the vehicles in accordance with safe practice. 7.2.11 Drivers shall not permit passengers to smoke or play a radio in the vehicles (unless the passenger is using headphones with the radio). 72.12 Drivers shall not be convicted of a crime during the term of this Agreement 72.13 Drivers shall not test positive for drug use on a drug test administered by a responsible testing facility or in cooperation with the drug-testing program. 72.14 City may request immediate removal of any driver who fails to comply with any provision of this section. ARTICLE 8 CONDITION AND MAINTENANCE OF THE VEHICLES 8.1 Contractor shall maintain the vehicles in accordance with manufacturer's standards. 8.2 Contractor shall supply any additional vehicles to provide back-up service within one hour in the event that one or more vehicles are out of service. Contractor shall provide ADA accessible back-up vehicles should they be necessary to continue service as outlined in this contract. 4 • 83 Vehicles shall be maintained in good condition, both operationally and in their appearance, and in accordance with any County requirements or any City requirements. All vehicles shall be kept in good repair and condition,satisfactory to the City at a minimum. ARTICLE 9 RECORD KEEPING,REPORTING AND AUDITING 9.1 Contractor shall record on a daily basis and report weekly to the City all disruptions in service,late service vehicle breakdowns,accidents,vehicles out of service and any other incident affecting service. 9.2 Contractor shall maintain daily records of total passenger utilization and total mileage logged on the vehicles by route while performing the services under this Agreement Project Manager shall provide accurate reports on ridership by route and by trip to City on a monthly basis. 9.3 City shall approve Contractor's forms that may be required in addition to those required by the County. ARTICLE 10 INSURANCE REQUIREMENTS The Contractor will comply with insurance requirements as set forth below and shall not commence performance of duties until all certificates of insurance have been approved by the City's Risk Management Department. 10.1 Proof of insurance must be provided for General Liability, Auto Liability, Workers Compensation, Employers liability. The contractor shall carry at all times the required insurance coverage and it shall name the City of Opa Locks as additional insured. The insurance requirements are as follows: A. General liability in such amounts as shall be requires by the City as of the date hereon as may be amended from time to time but not less than: $1,000,000 each occurrence, $1,000,000 for Fire, $1,000,000 Medical Expenses, $1,000,000 for Personal and Advertising injury, $1,000,000 for General Aggregate, $1,000,000 for Products and Completed Operations Aggregate. B. Auto Liability in such amounts as shall be requires by the City as of the date hereon as may be amended from time to time but not less than y : $1,000,000, Any Auto, Combined Single Limit $1,000,000 for bodily injury and property damage each accident C. Workers Compensation coverage A&B Florida Statutory limits. Employers Liability$100,000 each accident,$100,000 per employee. 10.2 Original Certificates of Insurance required herein shall be delivered to the City of Opa Locks prior to performance of duties. The Contractor shall pay the premiums for all 5 insurance required by this Agreement. The Contractor shall cause all policies of insurance required by this Agreement to be reviewed annually by the City's Risk Management Department so that at all times the insurance protection required by this Agreement shall continuously exist. The policy shall not be cancelled or materially changed without the giving of a minimum of thirty(30)days prior written notice to the City of Opa Locica, and in such event, a policy pursuant to the above terms must be submitted. ARTICLE 11 INDEMNIFICATION, As to City: The Contractor agrees to indemnify and hold harmless the City of Opa Locka, its officers, employees, and officials, (and at the City's discretion the Contractor will provide defense or pay for legal counsel selected by the City to represent the City and its officers,officials, and employees) for, from and against all claims, actions, or causes of actions, losses, damages, liabilities,costs and expenses,including costs,attorneys'and paralegals'fees,and fees of experts, imposed on or incurred by the City of Opa Locka in connection with any and all loss of life, e to which arises, relates, or pertains to, directly or indirectly, bodily injury and damage property to the use the Contractor's acts or omissions(including negligent acts or omissions)with respect of any vehicle provided for in this Agreement or with respect to the Contractor's performance of the services set forth in this Agreement. To the extent necessary by the City Locka Opa y sums due the Contractor under this Agreement may be retained by City as a set off against City's claims for indemnification, pursuant to this Agreement and any amount withheld shall not be subject to payment of interest by City. Nothing sovereign immunity,or of any other intended to serve as a waiver Nothing in this Agreement is this immunity,defense,or privilege enjoyed by the City.Nothing in m shall be construed or as consent by the City to be sued by third parties in any matter arising out of any other contract. ARTICLE 12 NOTICES Whenever either party desires to give notice to the other,such notice must be in writing,sent by certified United States Mail, postage prepaid, return receipt requested, or by band-delivery with a request for a written receipt of acknowledgment of delivery,addressed to the party for whom it is intended at the p lace last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this article.For the present,the parties designate the following: For the City of Opa Locka City Manager 6 For Limousines of South Florida,Inc.: Limousines of South Florida,Inc. Attention: Mark Levitt,President 2595 Northwest 38s'Street Miami,FL 33142-5254 ARTICLE 13 MISCELLANEOUS 13.1 NONDISCRIMINATION: Contractor agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion,gender,sexual orientation,age,national origin,political affiliation,or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race,color,religion,gender,sexual orientation,age,national origin, political affiliation,or disability. This provision shall include,but not be limited to,the following. employment upgrading,demotion or transfer,recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training including apprenticeships. Contractor agrees to furnish City with a copy of its Affirmative Action Policy or in the event that Contractor contracts with a third party for this service, such third party's Affirmative Action Policy shall be furnished to City. 13.2 INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement Services provided by Contractor shall be subject to the supervision of Contractor, and such services shall not be provided by Contractor or its agents as officers, employees, or agents of the City. The parties expressly acknowledge that it is not their intent to create any rights in any third person or entity under this Agreement 133 ASSIGNMENT AND PERFORMANCE: Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party and Contractor shall not subcontract any portion of the work required by this Agreement except as authorized herein. 13.4 OUALITY REPRESENTATIONS AND WARRANTY. Contractor represeentss tha all persons delivering the services required by this Agreement have the knowledge and training, experience,education or a combination thereof,to adequately and� � perform the duties, obligations, and services set forth in this Agreement and to provide perform such services to City's satisfaction. Contractor shall perform its duties, obligation, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance shall be comparable to the best local and national standards. 133 NON-WAIVER OF BREACH:, Failure by City to enforce any provision or modification of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. 13.6 MATERIALITY. City and Contractor agree that each requirement,duty,and obligation set forth herein is substantial and important to the formation of this Agreement and,therefore,is a material term hereof. 13.7 CONSIDERATION ACKNOWLEDGED. Contractor and City agree that there is sufficient and adequate consideration to support each right, duty, obligation, responsibility, and covenant of this Agreement. 7 13.8 SERVERANCE: In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven(7)days after the finding by the court becomes final. 13.9 JOINT PREPARATION: Preparation of this Agreement has been a joint effort of City and Contractor and the resulting document shall not, solely as a matter of judicial construction,be construed more severely against one of the parties than any other. 13.10 PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term,statement,requirement,or provision of any exhibit attached hereto,any document or events referred to herein, or any document incorporated into this Agreement by reference and a term statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 15 of this Agreement shall prevail and be given effect. 13.11 APPLICABLE LAW AND VENUE: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Miami-Dade County,Florida. 13.12 AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the City and the Contractor. 13.13 PRIOR AGREEMENTS: This document incorporates and includes all prior negotiations, correspondence, conversation, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document Accordingly,the parties agree that no deviation from the terms or conditions contained herein shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 13.10 above. 8 IN WITNESS WHEREOF,CITY OF OPA LOCKA AND Limousines of South Florida,Inc.have signed this AGREEMENT. One counterpart has been delivered to the City and Contractor. Signed,sealed and delivered in the presence of: l Attest: /IV/ CITY OF OPA City CI B�� Witness City Manager Typed Name of Witness Witness Approv . as orm: I Typed Name of Witness r#' ' / II Approved as to terms,scope,insurance: By: . ce approved: By: By: Risk Manager STATE OF FLORIDA COUNTY MIAMI-DADE I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State and County aforesaid to take acirnowledgments as the Mayor aid City Clerk respectively,who are personally known to be the persons desathed in ad who executed the fonrgoaig instrument aid acimowkd®ed before me that they executed the same an behalf of the City of Opa Locks,Florida,aid who did iot take an oath. WITNESS my hand and official seal this day of ,2010. Notary Public My commission Printed Name of Notary My commission number is: /?-‘ (notary=0 Limousines of South Florida,Inc. B .C`[gai Witness John Bussko i —Chief '�� 1, Operating Officer 2595 NW 38*Street T ,r A a of Witness Miami,Florida 33142-5254 � s�l W Sty)C20 a 10 STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State and 'd to take acknowledgments appeared Mark Levitt,as President of Limousines of South Florida,Inc.,who is - . 4=11 me to be the person described in and who executed the foregoing instrument, acknowledged before me that - sane, has produced as identification,and who d' not take an oath. WITNESS my hand and official seal th _(day of 1014A111 , tut 1 NOT OF a Il/Rt. .u: AN Primed Name of Notary My commission expires: Seal) t My commission no.is: �':'•"'•.�' Ara M.ROME * * MY OOIMS'SION HD 0791N EXPIRES:Aa0uat 6,2014 0,nor Ii TYr&Opt Missy Stria 11 Sponsored by: City Manager RESOLUTION NO. 13-8663 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT WITH LIMOUSINES OF SOUTH FLORIDA, INC., FOR SATURDAY SHUTTLE BUS SERVICES, IN AN AMOUNT NOT TO EXCEED $19,713.20, PAYABLE FROM ACCOUNT NUMBER 32- 541340; PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE WHEREAS,pursuant to Resolution 10-8155 and Resolution 13-8549, the City of Opa-locka has an existing agreement with Limousines of South Florida,Inc. ("LSF");and WHEREAS,through grant funding from Job Access Reverse Commute("JARC") the bus shuttles operate on weekdays,from 6 am through 7 pm(excluding holidays);and WHEREAS,the current agreement with LSF provides for a minimum of 13 hours per day,5 days a week service;and WHEREAS, the City would like to amend the service to requires LSF to extend the services for Saturday, see Exhibit"A";and WHEREAS, the Saturday Shuttle will begin on August 3, 3013, and will cost $19,713.20 annually,with a 50%match from the City as required by the JARC grant;and WHEREAS,the City Commission desires to authorize the City Manager to amend the agreement with Limousines of South Florida,Inc.,for Saturday Shuttle bus services NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 13-8663 Section 2. The City Commission of the City of Opa-locka, hereby approves and authorizes the City Manager to amend the agreement with Limousines of South Florida, Inc., to include Saturday Shuttle Bus services, in an amount not to exceed $19,713.20,payable from Account Number 32-541340. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 30th day of July,2013. f x477• 'AYLOR MAYOR •ttest to: 4kkOv-- J!anna Flores ity Clerk A.. .ved as to i rm and legal sufficiency: I ., I . . Job .h . I - ler ' ENS: • •N MARDER PA Atto • y Moved by: COMMISSIO R HOLMES Seconded by: VICE MAYOR KELLEY Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: NOT PRESENT Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 2 Sponsored by: City Manager Resolution No. 134549 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND RENEW THE INTERLOCAL AGREEMENT — AMENDMENT 1 WITH SOUTH FLORIDA REGIONAL TRANSIT AUTHORITY (SFRTA) TO CONTINUE OPERATION OF THE BUS CIRCULATOR FOR AN ADDITIONAL ONE YEAR PERIOD; IN THE AMOUNT OF 594,73750, PAYABLE FROM ACCOUNT 47-541810;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,pursuant to Resolutions 10-8019 and Resolution 11-8267,the City entered into an Interlocal Agreement for Bus Circulator services; and WHEREAS the City Commission of the City of Opa-locka desires to continue the bus service connection to the Tri-Rail Station in Opa-locka;and WHEREAS, the Interlocal Agreement — Amendment 1 is to extend the contract for an additional one year period for the first of the two(1)year renewal terms;and WHEREAS,the City will match 25%of the Total Project Cost,in the amount to$94,737.20, payable from account 47-541810. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA: Section 1. The recitals to the preamble herein are incorporated by refeicuce. Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to execute and renew the Interlocal Agreement-Amendment 1 with South Florida Regional Transit Authority(SFRTA), for an additional one year period for operating Circulator Resolution No. 13-8549 service for the City of Opa locks,with the City matching 25%($94,737.50)of the total project cost, payable from Account 47-541810. Section 3_ This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27th day of February,2013. / ' T YLOR MAYOR Attest to: a : Flores 'Clerk 1 sufficiency. ty Approved as to form and legal '42 Of I ) it, J. . S. 1, er A. . Moved by: COMMISSIONER JOHNSON Seconded by VICE MAYOR JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor. YES 1— ,— cv i .. I .....,, . 1 _ nit . • - .i a • at if .,.. -•.,„ , • .S' 1-----' ",,,......0 . esles..-i- ossl • w. ,, •f.; il 1,-..i,t it 1 ... # j g a 1 _, .. 1814 .• I . . 1 NN:eas . ibi tartiot WM.! . lit i . :.. a I \ _ _ v. . .. ... .• , IllrealE ' 8 1 f0.0%,044, , av - t I 41 5 2 imam faameetig a. Iamaaa■rogNew I I 1 - 1 , It '-' • 1 4 *IPS V— t will081,1101 : ii.1, ■ . 404/ . , . . 1 Fri ! ' pm.10 if di - ii. < ..„,,.... . , ■ Ii; 1 ew I III E kA u. Y co coo N N N N N N N N N H ~ p 0 r I rN-I I N M Ln l0 r c .P M m M m m m fn rn m 6 M M M m m m m M m r-I N M Ln lD w z ,- t U O O O c N N N N N N N N cv N w m Q n 0 r�-I Aii r"1 N M Ct Cr; 6 1m _ 0 C UO vi e--1 r^-I r^-I r^-I r^-I NN N Q N Lf) C 3 Q 0 r-1 Aii e--1 N m 4 Ln 6 Z = o0 O I- Q N w 0 0 0 0 0 0 0 00 LIN r-I r-1 r-I r-1 ri Q (/) 0 N ii r-1 N M CI: Ln CD Q 3 H z —. Q V 3 �p in Ln Ln Ln Ln U) Ln Ln Ln Q a > � M In `.ninoLninininln O = o a al 0 e-i c-I N M Ct Ln U w W _ 0 CI te in Ln Ln Ln Ln Ln Ln In Ln Q oo U N m 0 r,-1 r•I e-i N in Ln O f) cY`a O d0 M N Ln n Q; 0 r�-I ri N M Ct Ln Ql 0 00 m LL°1 w J '^ c 0C4 ° ° 00000 a M m m m m m m m m m p v� IT 0 e-i rN-1 r I N M Cr; �2 L •/ m C N Ln Ln Ln Ln Ln Ln Ln Ln Ln o N N N N N N N N N = to Q O1 O rA rrl r-1 N M Ln MO C .c H m m M m m m m m M CO t - > m m m m . m m m m v z° 1= a` 00 of 0 r`�-I ri N m a. 0 r Z -44< , '3AV 14.1.0Z AA N r o u) Q �Zs ce cc '3AVaNZZMN al r X1 H H w N '3Ad aNZZ MN 1.:. \ �! ,� a � YaZ W * -. ! O W W u W W uJ. J �J Nun = u 0 Q � '3Ad z Z a cL WIZ MN El ra] ti o E– Z z _ Q o la aV � N ; O� re' ir U g > � , 3 arc 0 z °0 °QP10v a s J cn 3d Q .011 CL O 6 raga' Z '3AV/ GNU MN Co Ad ribs I— o Q I— w (n o z - . I r .►rr•►.i• a 0 0 S/ w — cncna I—CG = _ c Ow 0 H F- k� �C., J1 I CI- Z z Z VC ,,� rl�� Q ce 11 i.� c 0 Q wM V U H ',e, p t 0 NM o o OA110 • x Sponsored by: City Manager Resolution No. 10-8155 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON AN EXISTING CONTRACT BETWEEN THE CITY OF NORTH MIAMI AND LIMOUSINES OF SOUTH FLORIDA AND TO NEGOTIATE A PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND LIMOUSINES OF SOUTH FLORIDA,INC.FOR COMMUNITY TRANSIT SERVICES, TO OPERATE THE CITY CIRCULATOR, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND SEVEN HUNDRED FORTY-EIGHT DOLLARS ($150,748.00), PAYABLE FROM ACCOUNT NUMBER 44-541810; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka secured funding through Job Access Reverse Commute(JARC)grant and the South Florida Regional Transportation Authority(SFRTA), and additional funding which is being leveraged by PIP dollars,to fully pay for the first two- years of operation to operate the proposed Bus Circulator,and WHEREAS,the system will be comprised of two(2)routes—North and South; WHEREAS, through an interlocal agreement with the City, the South Florida Regional Transportation Authority(SFRTA)will manage the South mute;and WHEREAS, the Circulator is anticipated to be in operation by January 2011,and will provide for the same vendor to operate both routes. WHEREAS, the City desires to piggyback on an existing agreement between the City of North Miami to procure the services of Limousines of South Florida to operate the North mute, at an annual fee not to exceed One Hundred Fifty Thousand Seven Hundred Forty-Eight Dollars($150,748.00),payable from the Account No.44-541810. Resolution No. 10-8155 Moved by: HOLMES Seconded by: MILLER Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller. YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor. YES LS ' sHUrrtE A TRANSPORTATION AMERICA COMPANY January 30,2018 City of Opa Locka 129650 Lejeune Road Opa Locka, FL 33054 Atten:Mr.Owen Carney,Sr.Public Works Dept. RE:Shuttle Bus Options Dear Mr.Carney, Per our conversation this morning and as you are aware, Limousines of South Florida has been trying to get the City of Opa Locka to agree to a new agreement for several years as the last agreement signed was dated February,2011 and expired January 31,2013. In our conversation, you have indicated that the City of Opa Locka has decided to move forward with executing a new agreement with Limousines of South Florida for the North Route that we are currently and have been providing service since 2011.Limousines of South Florida would like to provide the City of Opa Locka with a newer vehicle as the existing bus is a 2010 model and really needs to be replaced.We would like to offer the City a 2017 Demo Bus(used but with less than 30,000 miles).The rate per hour for this option will be$54.00 per hour and we can allow the City of Opa Locka to Piggy-back on an existing agreement that we currently have in place with another Miami-Dade County City. Limousines of South Florida will require a Three(3)year agreement with a two(2)year option upon mutual agreement. Additionally,in our discussions this morning you indicated that the City of Opa Locka would like to have a proposal for the South Route.Limousines of South Florida will be happy to provide the City of Opa Locka another 20 passenger Demo Bus that is ADA equipped and the rate would be the same $54.00 per operating hour.This option of an additional bus can either be included in the new agreement or as a separate agreement. If you need any additional information, please feel free to contact me at any time. ,1111. ark Levitt Vice President 3300 SW 11th Avenue Fort Lauderdale, FL 33315 Phone: (954)463-0845 Agreement By and Between The City of Opa-Locka Limousine of South Florida, Inc For Operation and Maintenance of Transit Bus Service THIS AGREEMENT dated the day of , 011 by and between the City of Opa-Locka, herein, the "City", a Florida Municipal Co . - 'on, and Limousine of South Florida, Inc, a Florida corporation, hereinafter"Contra WHEREAS, City desires to provide a community .po 'on service to allow residents access to a number of destinations through pub - ansit; an. WHEREAS, City has determined that it , • be in the publi -rest to provide said transportation o tation service and contacting with a pri F�; /ransit service pr. _ to operate said P , WHEREAS, City has selected Co< ;�P2' for the o.�� on and maintenance of the transit bus system which shall be known /;`, pa-Lock uttle Bus Routes and describe herein. O// IN CONSIDERATIO / al ter.. .�o�, ondi !% .miser. covenants and payments hereinafter set fort of 1 ocka a , for s as follows: ARTI 1 1.1 eement me.. s a - t as it ma =modified from time to time 1.2 .ctor"means . ■usine outh Florida,Inc.,a Florida corporation. 1.3 "Co : means Mi. de Co . political subdivision of the State of Florida. 1.4 "City' �� •s the City o Locka,�%municipal corporation of the State of Florida. 1.5 "Revenu s"means 'me between the first bus route stop and the last scheduled bus route < stop,rounde t,� e neare J ur,as set by the City from time to time. j !r ARTICLE 2 CONTRACTOR'S SERVICE 2.1 Contractor agrees to provide all services necessary to provide for the day to day management, operation and maintenance of the public transportation services for the "City of Opa-Locka Shuttle Routes" according to any future Agreements between the County and the City. Contractor shall comply with every term; condition; duty and obligation set forth in this agreement. 2.2 Any and all fares collected will belong to the City and fare canister will be delivered to the City Finance Department for the City to count and reconcile. Page 1 of 13 2.3 Establish service shall be on the fixed routes with designated intermediate stops. The hours of operation shall be initially fixed by the City and may be changed from time to time at the absolute discretion of the City. 2.4 Contractor shall keep records concerning the number of passengers per revenue hour on each route operated by the Contractor. 2.5 Contractor will provide the City with one (1) 20-passenger vehicle with four flip seats that can fold down to allow two wheelchairs space. This vehicle will be in service a minimum of thirteen hours per day, five days per week and eight hours on Saturdays. According to the specifications set forth in Exhibit A. 2.6 Vehicles shall be operated by properly licensed oiler. -mployed by Contractor. These employees shall provide full utilization of vehicles to di - passengers while in service. 2.7 Contractor shall maintain the vehicle provided by 'n accordance with manufacturer's standards and keep vehicles in a reasonable and s. diri. all times. 2.8 Contractor shall comply with all applicable ments of th- ricans with Disabilities Act (ADA)as amended at all times. Contractor shall at all times during this al///, ent comply with the r. -ments of the Miami Dade County Ordinance pertaining to the mai ce of/? g Free Wo i ce Program. . 2.10 Contractor at all times during ,' �/eement sha th all applicable irements of the United States Department of - ion and the` -ral Transit Administration, which shall include, but not be limited to, r!j/a l sr drug . ohol testing. To the extent that any terms of this Agreement are inco ent e Unite.% ° es Department of Transportation regulations,the re• �+ nts of the / d Sta ��j . men f ansportation shall control. 2.11 Contractor a City Ss. ' 7 /6/1'../' the .uses, it shall be placed on the vehicle in th- er spec by the i tractor not place any advertising or other graphics or lette .n(or w )the bus -pt what is required by law or ordinance. City may elect to wrap buses eir � •st and e ,se. According to the specifications set forth in Ex P � 2.12 �% „ . . torsi• tam n recor• , � •tion and data in the format prescribed by the and shall ch r to the Ci .n a monthly basis. TICLE 3 CITY'S SERVICES 3.1 City shall revs �j/ .•�. established by the Contractor relative to the public transportation services. 3.2 City shall be responsi. e for the service planning, including adjustments to the routes, schedules and such other factors that affect the quality of service provided. 3.3 City shall be responsible for designation of transit stops. It is understood that passengers will be able to board and depart at designated stops. 3.4 City will be responsible for payment to the Contractor in a timely period,not to exceed thirty(30) days from time of invoice being submitted to the City. Page 2 of 13 ARTICLE 4 TERM AND TIME OF PERFORMANCE 4.1 The term of this agreement shall begin on August 1, 20 18 and shall remain in effect until ,Ly 30, 2021. The parties may agree to extend this Agreement for an additional Two U year term. The City or the Contractor is under no obligation to extend or renew this Agreement after its expiration. 4.2 The City shall be entitled to terminate this Agreement for any reason during the term hereof upon thirty (30) days prior written notice to Contractor. The Con _ tor shall be paid all compensation through the effective date of such termination. ARTICLE COMPE <`„ "' ON 5.1 In return for services provided by Contr. j. d specified in this - -ment, the City agrees to pay Contractor Fifty Four dollars ($54.1 r hour, per vehicle in sue service. The City shall not be responsible for payment of any o� omes /•ntractor un. is Agreement. 5.2 City shall pay Contractor i s monthly r� shall submit in es to the City documenting hours of service by the Co . �;o r during the preceding month together with such additional documentat .y be req 1 jby the City (e.g., ridership statistics). Within thirty (30) days'of receipt .> s, City s ;j�ompensate Contractor pursuant to the terms set forth - - .. i�,, P is RMAN , TANDARDS 6.1 •ttat d in Agreement must begin operations on August an. ice ' run acc• ��• schedule set forth in.Exhibit A. The schedule 11 be follow o �- agreed ��"�� writing by the parties. 6.2 Co tor shall co . one --d percent (100%) of all scheduled trips on a daily basis, subj-' to delays, ` %, are a • .,, able to vehicular accidents or mechanical breakdowns. ARTICLE 7 RSONNEL REQUIREMENTS 7.1 Contractor shall desi: /te a Project Manager who will oversee the complete operation of the public transportation service and who will serve as the day-to day liaison with the City. 7.2 Vehicle chauffeurs employed by the Contractor during the term of this Agreement shall be properly licensed operators. The vehicle chauffeurs shall have the qualifications as required by the State of Florida and the County. All drivers shall, during the term of this Agreement, possess the following qualifications and adhere to the following standards. Contractor shall immediately dismiss any driver from performing services under this Agreement if driver fails to maintain said qualifications or standards as listed below: 7.2.1 Minimum age for driver shall be 21 years. Page 3 of 13 7.2.2 Drivers must possess a valid Florida commercial driver's license as required by law. 7.2.3 Drivers shall have no more than three (3) moving violations or accidents (counted individually or combined) within a five (5) year period. Drivers shall have no history of a conviction for a DUI, DWI, or possession, control, or distribution of an illegal substance. Additionally, drivers shall have no history of felony convictions. Finally, in the event a law enforcement agency charges a driver with any of the foregoing, upon receipt of knowledge of such fact, the driver involved shall be suspended. 7.2.4 Drivers must be capable of speaking, wr. and understanding the English language fluently. 7.2.5 Drivers shall operate the vehicle in a a timely manner. 7.2.6 Drivers shall be courteous to all 'nge • the general public at all times and shall respond to passenge regar. e use of the subject service. 7.2.7 At all times while on d vers shall wear c < . d presentable uniforms which include a comp ' irt, appropriate length s, skirt or pants and closed toe shoes. Tom, fra <=%-.tained, o, everely fa•: iforms shall not be co:: :rl: r ided 7.2.8 D collect � handouts surveys, etc., as City may request from ti q , 7.2.9 Drivers shall not ak at gr. 7.2.10 II� 11 assist ngers 4,'sabili s j ith entering and exiting the %i, ;�����/iii ordance + s. ,,. j 7.2.11�/�vers sh it permit , gers to s . e or play a radio in the vehicles the . -nger is us adphones with the radio). Driv- ccted /crime during the term of this Agreement. 7.2. rs s of test .i . Drug use on a drug test administered by a r- able „ ;facility o cooperation with the drug-testing program. j ce, j.2.14 City . /quest diate removal of any driver who fails to comply with any provisio ,,j�this se -; ARTICLE 8 rj 4 CON i ND MAINTENANCE OF THE VEHICLES 8.1 Contractor shall main n the vehicles in accordance with manufacture's standards. 8.2 Contractor shall supply any additional vehicles to provide back-up service within one hour in the event that one or more vehicles are out of service. Contractor shall provide ADA accessible back-up vehicles should they be necessary to continue service as outlined in this contract. 8.3 Vehicles shall be maintained in good condition,both operationally and in their appearance,and in accordance with any County requirements or any City requirements. All vehicles shall be kept in good repair and condition, satisfactory to the City at a minimum. Page 4 of 13 ARTICLE 9 RECORD KEEPING, REPORTING AND AUDITING 9.1 Contractor shall record on a daily basis and report weekly to the City all disruptions in service, late service vehicle breakdowns, accidents, vehicles out of service and any other incident affecting service. 9.2 Contractor shall maintain daily records of total passenger utilization and total mileage logged on the vehicles by route while performing the services under this Agreement. Project Manager shall provide accurate reports on ridership by route and by trip to City on a monthly basis. 9.3 City shall approve Contractor's forms that may be require. '• addition to those required by the County. ARTICLE INSURANCE R ;, •EMENT The Contractor will comply with insurance re• .((l'nts as set forth be : • d shall not commence performance of duties until all certificates of ance have been app r. by the City's Risk Management Department. 10.1 Proof of insurance must te ovided for iability, Auto •ility, Workers Compensation, and Employer . The Con,- sr shall carry at all times the required insurance coverage and it shall n`` ���-% of Opa- `:-• as additional insured. The insurance q ' , � requirements are as follows: "%�A� •all be ires by the City as of the date A. G-- � ability in � amo � ��, � y y /D/////00%///' �1 'se b not less than: $1,000,000 each be ame • fr• currence, 000,000 1,111,• j edical Expenses, $1,000,000 for •nal an• •vertising , $1,000,000 for general aggregate, $1,000,000 •ucts ompleted rations Aggregate. :4; „jjj / f'°ut° 16 / j j shall be requires by the City as of the date -on as be ame • -� ime to time but not less than: $1,000,000, Any omb Ingle L %,1,000,000 for bodily injury and property damage each •ent. Worker%•mpens coverage A&B Florida Statutory limits. Employers ���� $100,000 per employee. Liability : 1000 each accident, , 10.2 Original Ce •tes of F ce required herein shall be delivered to the City of Opa-Locka prior to perfo of s. The Contractor shall pay the premiums for all insurance required by the Agreeme ontractor shall cause all policies of insurance required by this Agreement to be re " r'ed annually by the City's Risk Management Department so that at all times the insurance protection required by this Agreement shall continuously exist. The policy shall not be cancelled or materially changed without the giving of a minimum of thirty (30) days prior written notice to the City of Opa-Locka, and in such event, a policy pursuant to the above terms must be submitted. ARTICLE 11 INDEMNIFICATION Page 5 of 13 As to City: The Contractor agrees to indemnify and hold harmless the City of Opa-Locka, its officers, employees, and officials, (and at the city's discretion the Contractor will provide defense or pay for legal counsel selected by the City to represent the City and its officers, officials and employees) for, from and against all claims, actions, or causes of actions, losses, damages, liabilities, costs and expenses, including costs, attorneys' and paralegals' fees, and fees of experts, imposed on or incurred by the City of Opa-Locka in connection with any and all loss of life, bodily injury and damage to property which arises, relates, or pertains to,directly or indirectly, the Contractor's acts or omissions(including negligent acts or omissions)with respect to the use of any vehicle provided for in this Agreement or with respect to the use of any vehicle provided for in this Agreement.To the extent necessary by the city of Opa-Locka any sums due the Contractor under this Agreement may be retained by City as a set off against City's claims for indemnification, pursuant to this Agreement and any amount withh- hall not be subject to payment of interest by City. Nothing in this Agreement is intended to serve as a waiv.;` vereign immunity, or of any other immunity, defense, or privilege enjoyed by the City. No n •greement shall be construed as consent by the City to be sued by third parties in any t- arising of this Agreement or any other contract. ARTI 2 NOTIC ////� ,/ Whenever either party desires to give n�<; �--�;-+e other, suc ce must be in writing, sent by Certified United States Mail, postage prepaid, ret E r- equested, 4 . hand delivery with a request for a �'� d to th✓ for whom it is intended at the written receipt of acknowledgement of d ry, ; - j place lastspecified. The 1 giving not hall r e sam- ..et forth herein until changed in writing in the manner prr,; = article. ;. e pr,-- / ies ," ignate the following: For the City of Opa Loc "> % City �/ / .I Fisherman Street, 4th Floor / I. ;, ;,•cka, FL 33054 For the Limousine i th Flo Inc: //i j Limousine of South Florida,Inc Attention:Mark Levitt, President 2595 Northwest 38`h Street Miami, FL 33142-5254 ARTICLE 13 MISCELLANEOUS Page 6 of 13 13.1 NONDESCRIMINATION: Contractor agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, gender, sexual orientation, age, national origin, political affiliation, or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, gender, sexual, orientation, age, national origin, political affiliation, or disability. This provision shall include, but not be limited to the following: employment upgrading, demolition or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensations, and selection for training including apprenticeships. Contractor agrees to furnish City with a copy of its Affirmative Action Policy or i the event that Contractor contracts with a third party for this service, such third party's aft.' Action Policy shall be furnished to City. 13.2 INDEPENDENT CONTRACTOR: Contractor is an independent contractor under „<' greeme -rvices provided by Contractor shall be subject to the supervision of Co �'', and such -s shall not be provided by Contractor or its agents as officers, e j0%%l�s or agents of th . The parties expressly acknowledge that it is not their intent to - any rights in any thin! _ on or entity under this Agreement. � 13.3 ASSIGNMENT AND PERF 1 � ANCE: yj// / Neither this Agreement nor an ' erein shal signed, transferred, or encumbered, by either party and Contractor sh. /a o e ntract an / , ion of the work required by this %/j/ /0 Agreement except as authorized he �j/ ii 13.4 1 UALITY PRE ` , , ONS %:>: ' ' ' �� Contractor re s that �j rsons de �� se <;� quired by this Agreement have the ; knowledge am� 11, eithe j; trainm +-nence, e• cation or combination thereof, to adequately and '` -tently °rform the %j.'es, obligations, and services set forth in this Agre- . d to 9 i 9 such es to City's satisfaction. d rfo euties, o. • s, d services under this Agreement in a skillful respectable r. Thy/°; .lity of Co ;or's performance shall be comparable to the best o ds d national s► A 1 : CH: % 13.5 NO ' ; 0o j �% Failure ; /% provision enforce rovision or modification of this Agreement shall not be deemed a � , g waiver of s ovision • •dification of this Agreement. 13.6 MATERIALI , /j/ City and Contract. : ee that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term thereof. 13.7 CONSIDERATION AKNOWLEDGED: Contractor and City agree that there is sufficient and adequate consideration to support each right, duty,obligation,responsibility, and covenant of this Agreement. 13.8 SERVERANCE: In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Page 7 of 13 Contractor elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 13.9 JOINT PREPARATION: Preparation of this Agreement has been a joint effort of City and Contractor and the resulting document shall not, solely as a matter of judicial construction,be construed more severely against one of the parties than any other. 13.10 PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term, st. ent, requirement, or provision of any exhibit attached hereto, any document or events ed to herein, or any document incorporated into this Agreement by reference and a t- tement, requirement, or provision of this Agreement, the term, statement, requirement, o contained in Articles 1 through 15 of this Agreement shall prevail and be given effect. 13.11 APPLICABLE LAW AND VENUE: /j This Agreement shall be interpreted and 14 ed/ in accordance w id governed by the laws of the State of Florida. Venue for litigat �:S •ncerning this Agree all be in Mia-Dade County,Florida. ' 13.12 AMENDMENTS: %�/ /j 'D"' No modification, amendment, ' ; 1 the te %, conditions contained herein shall be � in effective unless contained in a w - t prepar.-%h the same or similar formality as this Agreement and executed by the % an. • tracto . 13.13 PRIOR ACRE'"': �/� �/ //% :: %>� includ4 i:.�ne o�� -,:_�ns correspondence, conversation, This docume � orporate , d mclud �� „ o g ,n po , agreements, an• -rstandi / applicabl <;j e matters contained herein and the parties agrees that there are no ci tme• %, •eements,' derstandings concerning the subject matter of this, • that j, .1 this / ment. Accordingly, the parties agree that no • te /„ condiri. i�•to -• herein shall be predicated upon any prior ���'° "%%.hether o % ritten. It is further agreed that no modification, sentations . % eme ' 'dment or alte in t %/ s or conditions contained herein shall be effective unless co d in a written ;�� ent ; ordance with Section 13.10 above. Page 8 of 13 INWITNESS WHEROF, CITY OF OPA-LOCKA AND Limousine of South Florida, Inc have signed this Agreement,one counterpart has been delivered to the City and Contractor. Signed, sealed and delivered in the presence of: Attest: CITY OF OPA-LOCKA City Clerk Witness City M. Typed Name of Witness / �j/Approved as to Form egal Sufficiency: Witness Typed Name of Witness CA j'pij ey ��� !` 1 ✓ OUTH FLORIDA'INC Witness � '%llf Typed Name o ,> • s / / . esident /;%%////% / /viii S T A I • I D ��/// /'i% COUNT - I • -DAD p� I HEREBY C that on thi-A before e, an officer duly authorized by law in the State and County aforesaid to ster o. and take acknowledgements, personally appeared, as , and acknowledged executed the foregoing A. '4 .ent proper official of , for the use i, ��d the official seal of the Corporation, and that the instrument is the act and and purposes mentioned in i�'�=: deed of that Corporation. IN WITNESS OF THE FOREGOING,I have set my hand and official seal this of ,2018. Notary Public My Commission Expires: Page 9 of 13 ATTACHMENT-A NORTH ROUTE SCHEDULE, MAP, & LIMOUSINE OF SOUTH FLORIDA PROPOSAL DATED JANUARY 30, 2018 = a oC "' 4k Q U . �, mss` P a._ Y 'wr�arw 4 y JiIi tv� ac _ 7. = C I. ::::3333 Ill _0:,-',, 1 4, ,.... r,....1 ,,,„ 1-- '- . = c-.c- ,,e \ 121 1....,... " °' ''''''. Ilk 11 pm ii _ - :-. l'ill ,\,.._,, it .31 I- z di 1 f W i i Inn iii la s,,, i.-g ! " r` . g-al ' 1 ::::,:::-.1,,Ir.. k i il Id 0 �- Page 10 of 13 Q = Q :F: 'a—� _ f f 0 � . I 1433E'' '225 pp I O dS -0 111 Etil ,Ilit tIREF €► iai 515— © rig . a :O 3 ! ! c ! ii iS a O a Iii El ooa It -irz a 1E4 * 2 2 AR9I II © - 1 I� 3 b P b ? f^I iV. si 2 2 O I a > 0 11 E St585R1455 ! 22 e n o b � ii � d : ^ Ili 4 . it Ari ..t, e2Z .t iq 5 . •-. 5 i 1 t4 - ti 3 + a 1 1v Page 11 of 13 LSSHUTTLE A TRANSPORTATION AMERICA COMPANY January 30,2018 City of Opa Locks 129650 Lejeune Road Opa Locks,FL 33054 Atten:Mr.Owen Carney,Sr.Public Works Dept RE:Shuttle Bus Options Dear Mr.Carney, Per our conversation this morning and as you are aware,Limousines of South Florida has been trying to get the City of Opa Locks to agree to a new agreement for several years as the last agreement signed was dated February,2011 and expired January 31,2013. In our conversation,you have indicated that the City of Opa Locks has decided to move forward with executing a new agreement with Limousines of South Florida for the North Route that we are currently and have been providing service since 2011.Limousines of South Florida would like to provide the City of Opa Locks with a newer vehicle as the existing bus is a 2010 model and really needs to be replaced.We would like to offer the City a 2017 Demo Bus(used but with less than 30,000 miles).The rate per hour for this option will be$54.00 per hour and we can allow the City of Opa Locks to Piggy-back on an existing agreement that we currently have in place with another Miami-Dade County City.limousines of South Florida will require a Three(3)year agreement with a two(2)year option upon mutual agreement. Addltionaliy,in our discussions this morning you indicated that the City of Opa Locka would like to have a proposal for the South Route.Limousines of South Florida will be hippy to provide the City of Opa Locka another 20 passenger Demo Bus that is.ADA equipped and the rate would be the same$54.00 per operating hour,This option of an additional bus can either be induded in the new agreement or as a separate agreement. If you need any additional information,please feel free to contact me at any time. IIY, ark Levitt Vice President 3300 SW 11th Avenue Fort Lauderdale,FL 33315 Phone:(954)463-0845 Page 12 of 13 ATTACHMENT—B OPA-LOCKA SHUTTLE BUS LOGO The Opa-Locka Shuttle Bus is funded by the Surtax proceeds through the Inter-local Agreement between the Miami Dade County/CITT and the City requires the posting of a conspicuous sign on each side of the vehicle regarding the Funding by Surtax Proceeds. The Circulator should also include the name of the City and Logo. s. jiii'4 . ,,,. *'iii. J w > ra 0 Page 13 of 13 s " City of Doral Request for Proposal Maintenance & Operation Services for Doral Trolley Circulator System RFP # 2014-09 TABLE OF CONTENTS 1.0 GENERAL CONDITIONS 2.0 SPECIAL CONDITIONS 3.0 TECHNICAL SPECIFICATIONS 4.0 PROPOSAL/BID FORM 5.0 REQUIRED FORMS & DELIVERABLES EXHIBIT A- Operations and Performance Standards and Specifications EXHIBIT B- Insurance Requirements EXHIBIT C- Doral Trolley Map EXHIBIT D- Contract Agreement 2 T �,1 • City of Doral Request for Proposal MAINTENANCE& OPERATION SERVICES FOR DORAL TROLLEY CIRCULATOR SYSTEM RFP # 2014-09 NOTICE: Pursuant to the City of Doral Procurement Ordinance, proposal bids for consideration to provide the services detailed in the scope of services listed below, shall be received by Joe Carollo, City Manager, City of Doral, 8401 NW 53rd Terrace, Doral, Florida 33166 until 11:00 am on March 18, 2014.The submittals shall be clearly marked "Maintenance & Operation Services for Doral Trolley Circulator System" RFP #2014-09". All submittals shall be publicly opened and recorded on **Tuesday, March 18, 2014 at **11:00 am. Late submittals shall not be accepted or considered. A mandatory pre-bid conference shall be held on Wednesday, February 26, 2014 at 11:30 a.m. at City of Doral Government Center, Third Floor Training Room, 8401 NW 53 Terrace, Doral Fl. 33166. Proposers are to deliver One (1) original and three (3) copies of the submittal statements of qualifications and experience and other pertinent information for consideration, as indicated in this Request for Proposal. In addition, proposers are to deliver two (2) CDs containing a PDF copy of all materials submitted in the bid. The City of Doral reserves the right to accept any bid deemed to be in the best interest of the City or to waive any informality in any submittal. The city may reject any or all bids and re- advertise. 3 PROPOSAL OVERVIEW The City of Doral requests proposals for the maintenance and operation of the Doral Trolley Circulator System in accordance with the terms and conditions set forth in RFP #2014-09. The specifications are included in this RFP package. The contract shall be a firm fixed price contract. It is the intent of the City of Doral to establish a contract for providing Trolley Circulator Operation and Maintenance Services with a vendor licensed to operate in the State of Florida. All questions or comments should be directed to the following email at procurement @cityofdoral.com. All inquiries must reference "Maintenance and Operation Services for Doral Trolley Circulator System" RFP #2014-09" in the subject line. No phone calls will be accepted in reference to this RFP. Any communications regarding matters of clarification must be made in writing to the email address listed above. In the event that it become necessary to provide additional clarifying data or information that revises any part of this RFP, supplements or revisions will be made available via written addendum. Solicitations may be found via the City of Doral website (www.cityofdoral.com) under Procurement. To obtain the solicitation interested parties must follow the link and register to be able to download the document. The City's schedule for this Request for Proposal is as follows: Mandatory Pre-bid Conference: 11:30 AM, Wednesday, February 26,2014 City of Doral, Government Center 8401 NW 53 Terrace, Third Floor Training Room Doral, FL 33166 For directions,please call 305-593-6725 Opening of RFPs: 11 AM, Monday, March 18,2014 City of Doral, Government Center 8401 NW 53 Terrace, City Clerk's Office Doral, FL 33166 For directions, please call 305-593-6725 Cut-off Date for Questions: 12 PM, Noon, Monday, March 3, 2014 The City reserves the right to delay or modify scheduled dates and will notify Proposers of all changes in scheduled dates. 4 SECTION 1.0: GENERAL CONDITIONS 1.1 DEFINITIONS Any business entity submitting a (i) We/Us/Our/City response to this solicitation. These terms refer to the City of Dora!, Florida, a duly organized Successful public entity. They may also be used Proposer/Respondent/Bidder as pronouns for various subsets of The Proposer whose response to the City organization including, as this solicitation is deemed to be the content will indicate. most advantageous to the City. A Proposer will be approved for award Procurement Division The Division responsible for handling by the City Council, and a contract procurement-related issues within will be executed for the provisions the City. of the goods and/or services specified in the RFP and a Notice of Departments Commencement will be issued. The City Department(s) and offices for which this solicitation is (iii) Proposal prepared, which will be the end user The written, sealed document of the goods and/or services sought. submitted by the Proposer according to the RFP instructions. A Authorized Representative response to this RFP shall not The user Department's Contacts for include any verbal interactions with interaction regarding contract the City apart from submittal of a administration. formal written submittal. (ii) You/Your The term refers generally to the 1.2 CLARIFICATION other person or entity which is a Questions regarding this RFP shall be party to this agreement, or any of directed in writing by email, to the their subsidiaries, affiliates offices, Procurement Contact email address employees, volunteers, specified on the title page. Answers, citing representatives, agents or the question but not identifying the subcontractors. The term may apply questioner, will be distributed differently to different classes of simultaneously to all known prospective entities, as the context will indicate. Bidders. For instance, "you" as a Proposer will have different obligations than (i) Written Addenda "you" as a Successful Proposer will If it becomes evident that this RFP have upon awarding of this contract. must be amended, we will issue a formal written addendum to all Proposer/Respondent/Bidder registered prospective Proposers via 5 email notification. Addendum will be exemptions to disclosure provided by law in uploaded to the City's Procurement their response to the Request for Proposal webpage If necessary, a new RFP by identifying materials to be protected and opening date may be established by must state the reasons why exclusions from addendum. public disclosure is necessary and legal. The City reserves the right to make any final determination on the applicability of the 1.3 COST OF PREPARATION Public Records Law. The City will not be responsible for any expenses incurred by the Proposers for the preparation of RFP related to this 1.6 WITHDRAWAL OF PROPOSAL procurement, or for conduct of any A Proposer may, without prejudice, negotiations related to potential award of withdraw, modify, or correct the Submittal the Contract. after it has been deposited with the City, provided the request and any subsequent modifications and/or corrections are filed with the City in writing before the 1.4 EXAMINATION OF DOCUMENTS time for opening RFPs. The original The Proposer must thoroughly examine Submittal as modified by such writing will each section. If there is any doubt or be considered as the Submittal Proposal obscurity as to the meaning of any part of submitted by the Proposer. No oral these conditions, the Proposer may request proposal modifications will be considered. clarification by written request to the Procurement Division. Interpretations or clarification in response to such questions 1.7 RIGHT TO REJECT ANY AND/OR ALL will be issued in the form of a written PROPOSALS addendum, emailed to all parties recorded The City reserves the right to reject any by the City's Procurement Division as having and/or all proposals or sections thereof, received the RFP documents. No person is and waive any technicalities. As a matter of authorized to give oral interpretations of, or information, the City Council does not bind make oral changes to the RFP. The issuance itself to accept the minimum specifications of a written addendum shall be the only stated herein, but reserves the right to official method whereby such an accept any Proposal, which, in the judgment interpretation or clarification is made. of the City, will best serve the needs and interests of the City. This offering of Request for Proposal itself does not in any 1.5 PUBLIC RECORDS way constitute a contractual agreement Upon award recommendation or ten (10) between the City of Doral and the Proposer. days after the bid opening, whichever is However, the contents of the offered earlier, any material submitted in response document, as well as the proposed to this Request for Proposal will become a documents may be used for details of the "Public Record" and shall be subject to actual agreement between the Proposer public disclosure consistent with Chapter and the City of Doral. Furthermore, the City 119, Florida Statutes (Public Record Law). Proposers must claim the applicable 6 reserves the right to award without further fully read and understands the discussion. proposal method and has full knowledge of the scope, nature, and 1.8 GOVERNMENTAL RESTRICTIONS quality of work to be performed. In the event that any governmental restrictions are imposed which would (v) Acceptance/Reiection/Modification necessitate alteration of the performance to Proposals to the services offered in this proposal prior The City reserves the right to to delivery, it shall be the responsibility of negotiate modifications to proposals the proposer to notify the City at once. The that it deems acceptable, reject any City reserves the right to accept the and all proposals, and to waive alteration or cancel the Contract at no minor irregularities in the expense to the City. submittals. 1.9 SUBMISSION OF PROPOSAL (vi) Proposal Submittals Binding All proposals submitted shall be (i) Incurred Expenses binding for three hundred sixty-five The City is not responsible for any (365) calendar days following expenses which Proposers may incur opening. preparing and submitting proposals called for in this Request for (vii) Alternate Proposals Proposal. An alternate proposal will not considered or accepted by the City. (ii) Interviews The City reserves the right to (viii) Economy of Preparation conduct personal interviews or Proposals should be prepared simply require presentations prior to and economically, providing a selection. The City will not be liable straightforward, concise description for any costs incurred by the of the Proposers ability to fulfill the Proposer in connection with such requirements of the RFP. interviews/ presentations (i.e. travel, accommodations,etc.). (ix) Proprietary Information In accordance with Chapter 119 of (iii) Request for Modifications the Florida Statutes (Public Records The City reserves the right to Law), and except as may be request that the Proposer(s) modify provided by other applicable State a proposal/bid to more fully meet and Federal Law, all Bidders should the needs of the City. be aware that Request for Proposals/ Qualifications/ Invitation (iv) Bid Acknowledgment to Bid and the responses are in the By submitting a proposal, the public domain. However, the proposer certifies that he/she has Proposers are required to identify specifically any information 7 contained in their Proposal which they consider confidential and/or American with Disabilities Act of 1990, as proprietary and which they believe amended to be exempt from disclosure, citing specifically the applicable exempting National Institute of Occupational Safety law. Hazards(NIOSH) All proposals received from National Forest Products Association Proposers in response to this (NFPA) Request for Proposals will become the property of the City of Doral and State of Florida Department of will not be returned to the Proposer. Transportation- Rule 14-90, Florida Admin. In the event of contract award, all Code documentation produced as part of the contract will become the U.S. Department of Transportation exclusive property of the City. City of Doral, City Ordinance No. 2004-03 1.10 COMPLIANCE WITH ORDERS AND Cone of Silence, City Provision Code LAWS Successful Proposers shall comply with all The State of Florida Statutes Sections local, state, and federal directives, 218.73 and 218.74 on Prompt Payment ordinances, rules, orders, and laws as applicable to this RFP and subsequent Proposer or Vendor hereby recognizes and contracting including, but not limited to: certifies that no elected official, board member, or employee of the City of Doral Executive Order 11246 (which prohibits (the "City") shall have a financial discrimination against any employee, interest directly or indirectly in this applicant, or client because of race, creed, transaction or any compensation to be paid color, national origin, sex, or age with under or through this transaction, and regard to, but not limited to, employment further, that no City employee, nor any practices, rate of pay or other elected or appointed officer (including City compensation methods,and training.) Board members) of the City, nor any spouse, parent or child of such employee or Occupational, Safety and Health Act elected or appointed officer of the City, may (OSHA) be a partner, officer, director or proprietor of Proposer or Vendor, and further, that no The State of Florida Statutes Section such City employee or elected or appointed 287.133(3)(A)on Public Entity Crimes officer, or the spouse, parent or child of any of them, alone or in combination, may have Environment Protection Agency (EPA) a material interest in the Vendor or Proposer. Material interest means direct or Uniform Commercial Code (Florida indirect ownership of more than 5% of the Statutes,Chapter 672) total assets or capital stock of the Vendor or 8 Proposer. Any exception to these above herein, means a prohibition on any described restrictions must be expressly communication regarding a particular provided by applicable law or ordinance Request for Proposal (RFP), Request for and be confirmed in writing by City. Further, Proposer or Vendor recognizes that with Qualification (RFQ), or Invitation to Bid respect to this transaction or bid, if any (ITB), between a potential vendor, service Proposer or Vendor violates or is a party to provider, proposer, bidder, lobbyist, or a violation of the ethics ordinances or rules consultant, and the City Council, City's of the City, the provisions of Miami- Dade professional staff including, but not limited County Code Section 2-11.1, as applicable to, the City Manager and his or her staff, to City, or the provisions of Chapter 112, any member of the City's selection or part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such evaluation committee. Proposer or Vendor may be disqualified The Cone of Silence shall be imposed upon from furnishing the goods or services for each RFP, RFQ, and Bid after the which the bid or proposal is submitted and may be further disqualified from submitting advertisement of said RFP, RFQ or Bid. any future bids or proposals for goods or The Cone of Silence shall terminate at the services to City. Proposer or Vendor must complete and execute the Business Entity beginning of the City Council meeting at Affidavit form. The terms "Proposer" or which the City Manager makes his or her "Vendor," as used herein, include any written recommendation to the City Council person or entity making a proposal herein or until 30 days after opening the bids, to City or providing goods or services to proposals, or final replies, whichever is City. earlier. However, if the City Council refers Lack of knowledge by the Proposer will in the Manager's recommendation back to the no way be a cause for relief from Manager or staff for further review, the responsibility. Non-compliance with all Cone of Silence shall be re-imposed until local, state, and federal directives, orders, the beginning of such meeting where the and laws may be considered grounds for City Manager will make his/her termination of contract(s) recommendation to the City Council. Copy of City of Doral Ordinances may be The Cone of Silence shall not apply to: obtained from the City of Doral City Clerk's Office. (1) oral communications at pre-bid conferences; 1.11 CONE OF SILENCE (2) oral presentations before selection Notwithstanding any other provision of or evaluation committees; these specifications, the provisions of City (3) public presentations made to the "Cone of Silence" are applicable to this City Council during any duly noticed transaction. The "Cone of Silence", as used public meeting; 9 (4) written communications regarding a between a potential vendor, service particular RFP, RFQ or bid between provider, proposer, bidder, lobbyist, a potential vendor, service provider, or consultant and any member of proposer, bidder, lobbyist or the City's professional staff consultant and the City's Purchasing including, but not limited to, the City Agent or City employee designated Manager and his or her staff are in responsible for administering the writing or are made at a duly procurement process of such RFP, noticed public meeting. RFQ or bid, provided the communication is limited Please contact the City Attorney for any strictly to matters of process or questions concerning Cone of Silence procedure already contained in the compliance. Violation of the Cone of Silence corresponding solicitation by a particular bidder or proposer shall document; render any RFP award, RFQ award, or Bid (5) communications with the City award to said bidder or proposer voidable Attorney and his or her staff; by the City Council and/or City Manager. (6) duly noticed site visits to determine the competency of 1.12 Florida Government in the bidders/proposers regarding a SUNSHINE LAW particular bid/proposal during the As a political subdivision, the City of Doral is time period between the opening of subject to the Florida Sunshine Act and bids and the time the City Manager Public Records Law. By submitting a makes his or her written Proposal, Proposer acknowledges that the recommendation; materials submitted with the Proposal and (7) any emergency procurement of the results of the City of Doral evaluation goods or services pursuant to City are open to public inspection upon proper Code; request. Proposer should take special note (8) responses to the City's request for of this as it relates to proprietary clarification or additional information that might be included in its information pursuant to section 1.10 Bid. of this RFP; (9) contract negotiations during any duly noticed public meeting; 1.13 CANCELLATION In the event any of the provisions of this (10) communications to enable City staff RFP are violated by the Awarded Proposer, to seek and obtain industry the City Manager shall give written notice comment or perform market to the Awarded Proposer stating the research, provided all deficiencies and, unless deficiencies are communications related thereto corrected within ten (10) days, 10 recommendation will be made to the City written notice of default, the City Manager Council for immediate cancellation. The City may terminate this Contract, in whole or in Council of Doral, Florida reserves the right part, upon written notice without penalty to terminate any contract resulting from to the City of Doral. In such event, the this invitation at any time and for any Awarded Proposer shall be liable for reason, upon giving thirty (30) days prior damages including the excess cost of written notice to the other party. No procuring similar supplies or services: consideration will be given for anticipated provided that if, (1) it is determined for any loss of revenue on the canceled portion of reason that the Awarded Proposer was not the Contract. in default or (2) the Awarded Proposer's failure to perform is without his control, fault or negligence, the termination will be 1.14 ASSIGNMENT deemed to be a termination for the The Awarded Proposer shall not assign, convenience of the City of Doral. transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or 1.17 TERMINATION FOR CONVENIENCE its power to execute such contract to any The City Manager may terminate the person, company or corporation without Contract, in whole or in part, upon 30 days prior written consent of the City of Doral. prior written notice when it is in the best interests of the City of Doral. If the Contract is for supplies, products, equipment, or 1.15 PROPERTY software, and so terminated for the Property owned by the City of Doral is the convenience by the City of Doral, the responsibility of the City of Doral. Such Awarded Proposer will be compensated in property furnished for repair, modification, accordance with an agreed upon study, etc., shall remain the property of the adjustment of cost. To the extent that this City of Doral. Damages to such property Contract is for services and so terminated, occurring while in the possession of the the City of Doral shall be liable only for Awarded Proposer shall be the payment in accordance with the payment responsibility of the Awarded Proposer. provisions of the Contract for those services Damages occurring to such property while rendered prior to termination. in route to the City of Doral shall be the responsibility of the Awarded Proposer. In the event that such property is destroyed or 1.18 CONFIDENTIALITY declared a total loss, the Awarded Proposer As a political subdivision, the City of Doral is shall be responsible for replacement value subject to the Florida Sunshine Act and of the property at the current market value, Public Records Law. If this Contract contains less depreciation of the property if any. a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.16 TERMINATION FOR DEFAULT If the Awarded Proposer defaults in its performance under this Contract and does not cure the default within 30 days after 11 1.19 ANTI-TRUST PROVISION 1.22 GOVERNING LAW AND VENUE At such times, as may serve its best interest, The validity and effect of the Contract shall the City of Doral reserves the right to be governed by the laws of the State of advertise for, receive, and award additional Florida. The parties agree that any action, bids for these herein items, and to make mediation, or arbitration arising out of this use of other competitively bid Contract shall take place in Miami-Dade (government) contracts for the purchase of County, Florida. these goods and/ or services as may be available. 1.23 ATTORNEY FEES In connection with any litigation, mediation, 1.20 AUDIT RIGHTS AND RECORDS or arbitration arising out of this Contract, RETENTION each party will pay its' attorney's fees. The Awarded Proposer agrees to provide access to the City, or any of their duly authorized representatives, to any books, 1.24 NO PARTNERSHIP OR JOINT documents, papers, and records of the VENTURE Awarded Bidder which are directly Nothing contained in this Contract will be pertinent to the contract, for the purposes deemed or construed to create a of audit, examination, excerpts, and partnership or joint venture between the transcriptions. The Awarded Proposer shall City of Doral and Awarded Proposer, or to maintain and retain any and all of the create any other similar relationship aforementioned records for three years between the parties. after the expiration and/or termination of the agreement. 1.25 TERMS AND CONDITIONS OF AGREEMENT 1.21 CAPITAL EXPENDITURES The Agreement to be entered into with the Awarded Proposer understands that any Awarded Proposer will include, but not be capital expenditures that the Awarded limited to, the following terms and Proposer makes, or prepares to make, in conditions: order to perform the services required by A. The Awarded Proposer agrees to the City of Doral, is a business risk which indemnify, defend and hold the Awarded Proposer must assume. The harmless the City, its officers, City of Doral will not be obligated to agents, servants, volunteers, elected reimburse amortized or unamortized capital officials and employees, from and expenditures, any other expenses, or to against any and all liability, claims, maintain the approved status of the demands, damages, fines, fees, Awarded Proposer. If Awarded Proposer expenses, penalties, suits, has been unable to recoup its capital proceedings, actions and cost of expenditures during the time it is rendering action, including attorney's fees for such services, it shall not have any claim trial and on appeal, and of any kind upon the City of Doral. and nature arising or growing out of or in any way connected with the performance of the Agreement 12 whether by act or omission of the against the City which is based upon Awarded Proposer, its agents, a claim, whether rightful or servants, volunteers, elected otherwise, that the goods or officials and employees or others, or services, or any part thereof, because of or due to the mere furnished under the contract, existence of the Agreement constitute an infringement of any between the parties; unless said patent or copyright of the United claim for liability is caused solely by States. The Awarded Proposer shall the negligence of the City or its pay all damages and costs awarded agents or employees. against the City. C. An understanding and agreement, B. The Awarded Proposer(s) shall pay by and between the Awarded all royalties and assume all costs Proposer and the City, that the arising from the use of any completion time as specified in invention, design, process materials, Awarded Proposer's submission will equipment, product or device which be met and that all work shall be is the subject of patent rights or executed regularly, diligently, and copyrights. Awarded Proposer shall, uninterrupted at such rate of at its own expense, hold harmless progress as will ensure full and defend the City against any completion thereof within the time claim, suit or proceeding brought specified END OF SECTION 1 13 2.0 SPECIAL CONDITIONS 2.1 PURPOSE The purpose of this solicitation is to establish a contract, through open, competitive bidding, for the "Maintenance and Operation of the Doral Trolley Circulator System" in accordance with the terms and conditions set forth in RFP#2014-09. 2.2 RULES OF CONSTRUCTION AND DEFINITION Unless otherwise apparent from the context, or otherwise specifically defined elsewhere in this Proposal, the parties agree that the following words and phrases shall be construed and/or defined as follows: Rules of Construction: The singular includes the plural and the plural includes the singular. "Shall" is mandatory and "may" is permissive. The masculine gender includes the feminine and neuter. For the purpose of this RFP, the following definitions will be used: • City — City of Doral, 8401 NW 53rd Terrace, Doral, Florida, 33166 and its authorized representatives. • In-Service — the time during which a trolley is in service route, or authorized detours, and stopping to load and unload passengers, or such other times a trolley is available for use by the general public, or as otherwise specified to the benefit of the City. • Out-of-Service — all times other than when the trolley is In-Service. Out-of-Service shall include all time spent driving to the beginning point on the route, or moving trolleys from one route to another route or location other than such time expressly approved by its Coordinator as In-Service based on direct benefit to the City. • Trolley Manager—Director of City of Doral Public Works Department or Assignees. • City of Doral Circulator Service — public transit service to serve residents, employees, and visitors within the Doral City Limits and at connection Miami Dade County Transit Stations. • FDOT—Florida Department of Transportation • Agreement—Executed contract between the City and the Contractor. • Addenda — Written or graphic instruments issued prior to the Proposal Opening which modify or interpret the Contract Documents by addition, deletions, clarifications or corrections. • Respondent—Entity submitting a proposal. • Contractor/Successful Proposer—Entity to which an Agreement is awarded. • Vehicle Miles or Hours —the miles travelled by the City provided trolleys for use by the CONTRACTOR to perform this Agreement or the hours spent by CONTRACTOR's employees in driving such trolleys while on a specified route, an authorized detour from such route by this Agreement, and Out-of-Service miles or hours spent travelling to and from a route starting or ending point. The vehicle service hours shall be limited to those the employee actually spent driving the trolley while in service route and does not 14 include those of other employees riding the trolley for training or other purposes. • Vehicle Service Hours — Monday through Friday, approximately 6:00 a.m. to 9:20 p.m. and 7:00 a.m. to 7:15 p.m. on Saturdays. 2.3 QUALIFICATIONS/EXPERIENCE OF PROPOSERS All firms that submit a proposal shall meet, but not be limited to, the following minimum qualifications: 1. The firm, or principals of the firm, shall be regularly engaged in the business of providing the services as described herein. The firm shall have a record of performance and operation for a five-year period of time immediately preceding this Request for Proposal.The firm shall have sufficient financial support, equipment, and organization to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated.There shall not be any pending criminal charges against the firm, principal owners, partners,corporate officers, or management employees.The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established operation as determined by officials of the City of Doral. 2. Proposer shall be fully licensed to perform the work described herein and shall comply with all applicable Federal, State Statutes and local codes and ordinances. 3. Proposer must provide a minimum of three (3) references for services provided within the past five (5) years. At least one (1) of these services must have been provided to a governmental entity. Supporting references must include company name or governmental agency, contact person telephone number and email address. It is the responsibility of the Bidder to ascertain that the contact person will be responsive. The proposer must show proof of having met these minimum requirements on the "Bidder/Proposer Qualification Statement" in Section 5. THE CITY WILL NOT ACCEPT ANY SUBSTITUTION FOR THIS FORM. 2.4 RULES, REGULATIONS, LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including requirements of the Federal Transit Administration (FTA) Section 5307, State of Florida (including System Safety Plan SSP), Miami-Dade County Passenger Transportation Regulatory Commission, the Americans with Disabilities Act, Title VI of the Civil Rights Act, the EEOC Uniform Guidelines, and all other EEO regulations and guidelines and all Drug/Alcohol Policies compliant with all federal, state and local requirements. Ignorance on the part of the Proposer will in no way relieve the same from responsibility. 15 Successful proposer must provide a copy of all licenses, registrations, permits, and other applicable legal or regulatory requirements required to do business in the State of Florida at time of award. Florida state registration can be downloaded and printed via www.sunbiz.org. 2.5 MANAGEMENT The City will have the Public Works Department responsible for administering the Agreement, monitoring, and evaluating the service. The Contractor will report to the City's Trolley Manager 2.6 ADVERTISING AND PROMOTION The City shall prepare, place, schedule and pay for all advertising and promotional materials designed to inform the general public of service operations and to promote ridership. The City shall prepare, print and provide to the Contractor all schedules, and other materials required by service operations. The Contractor shall distribute and disseminate such materials in accordance with the provisions of this RFP and any directions supplemental thereto provided by the City. 2.7 ADJUSTMENT TO SERVICE 1. Adjustments to service shall be a prerogative of the City. The City expects to work closely with the Contractor on such modifications in order to provide efficient and responsive service. 2. No operational changes that affect service, scheduling, hours of operation, frequency of service, or any other characteristics of the Circulator Service shall be made by the Contractor without the prior approval of the City. 3. The City may modify the service area for fiscal, jurisdictional, geographic, coordination or passenger travel pattern reasons. Modifications may be made to the specified vehicle service hours without changing the fixed service hour rate bid herein or agreed to during contract negotiations. 4. The City will notify the Contractor 30 days in advance of any major service changes. 2.8 VEHICLES, DISPATCHING AND TELEPHONE SERVICE, COMPLAINTS The City will utilize a systematic method for processing any telephone inquiries concerning the Circulator Service schedule, frequency, stops, accommodations, etc. which will maximize efficiency. All complaints will be logged and forwarded to the City's Trolley Manager and the Contractor's representative no later than two (2) business days after the receipt of the complaint. 2.9 SAFETY AND SECURITY PROGRAM PLAN The City implements and maintains a formal Safety and Security Program Plan which requires that the Contractor attend periodic safety meetings, participate in safety organizations, and risk management activities. 16 The City shall provide an outline of said Safety and Security Program, including periodic updates,to the Contractor. 2.10 EQUAL PRODUCT Manufacturer's name, brand name and model/style number when used in these Specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal quality, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc.,to item specified, unless otherwise indicated.Where equal is proposed, proposal must be accompanied by complete factory information sheets(Specifications,brochures,etc.)and test results of unit bid as equal. Failure to do so at time of Proposal Submission may deem your Proposal non-responsive 2.11. ADDITIONAL ROUTES At its sole discretion,the City reserves the right to add or delete routes,trolleys, service hours or personnel to the system. The Successful Proposer shall keep its prices for the original and additional service(s)fixed and firm throughout the duration of the contract term, unless modified by the City. Service characteristics such as routes, stops, headways, operating hours, and vehicle types shall be coordinated jointly by the City and the Successful Proposer prior to commencing any service extension. 2.12. LIQUIDATED DAMAGES The City reserves the right to supervise or conduct a performance audit of the Successful Proposer to determine if it is achieving its minimum reliability on performance.The Successful Proposer shall adhere to Operating and Performance Standards and Specifications attached herein as Exhibit "A". Failure to meet required operating and performance standards and specifications will be cause to set adjustments to billings as described in Exhibit "A". 2.13 RELATION OF CITY It is the intent of the parties hereto that the successful Proposer shall be legally considered to be an independent Contractor and that neither the Proposer nor the Proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. 17 2.14 PRE-BID/PROPOSAL CONFERENCE/SITE VIST A mandatory pre-bid conference will be conducted for this Request for Proposal on Wednesday, February 26, 2014 at the City of Doral Government Center, Third Floor Training Room,8401 NW 53 Terr. 33166. Bidders/Proposers are required to be familiar with any conditions that may, in any manner, affect the work to be done or affect the equipment, materials, or labor required. Bidders/Proposers are also required to carefully examine the specifications and all equipment and all site locations and be thoroughly informed regarding any and all conditions that may, in any manner, affect the work to be performed under contract. By submission of an Invitation to Bid or Request for Proposal it will be construed that the Bidder/Proposer is acquainted sufficiently with the site(s) and the work to be performed. 2.15 TERM OF CONTRACT The City and the Awarded Proposer shall execute a contract ("Agreement") within thirty (30) days after Notification of Award based upon the requirements set forth in the ITB/RFP through action taken by the City Council at a fully authorized meeting. If the Bidder/Proposer awarded the Contract fails to enter into a contract as herein provided, the award may be declared null and void, and the Contract may be awarded to the next most responsible and responsive Proposer, or re-advertised, as determined by the City. The initial contract resultant from this solicitation shall prevail for a five (5) year period from the contracts initial effective date. The Awarded Bidders/Proposer(s) shall maintain, for the entirety of the stated additional periods(s), the same terms and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the Awarded Proposer(s). This prerogative may be exercised only when such continuation is clearly in the best interest of the City. 2.16 PRICING If the Proposer is awarded a contract under this RFP solicitation, the prices quoted by the Proposer shall remain fixed and firm throughout the term of this contract. 2.17 PROPOSAL FORMAT AND SIGNATURES To receive consideration, the Proposal must be submitted on the Bid forms as provided by the City. This Request for Proposal must be resubmitted in its entirety, with all forms executed, each section signed as read and understood, and the response forms completely filled out. Proposals must be typed or printed in black or blue ink only. Use 18 of erasable ink is not permitted. All corrections must be initialed. Any information to be submitted as part of the proposal may be attached behind the Bid/Proposal Response form. Copies may be obtained from the City Clerk, 8401 NW 53 Terrace, Doral, FL 33166. Proposals by corporations must be executed in the corporate name by the President or other corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. Proposals by partnerships must be executed in the Partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 2.18 SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub-consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non-responsive and may not be considered for contract award. The response to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non-responsive. 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Local Office Location; Local Business Address, if applicable; Business Telephone and Fax Numbers, if applicable, Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the proposal as listed below, including all other relevant documents requested for submission. All pages of the proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary A signed and dated summary of not more than two (2) pages containing the Qualifications, and Experience, Ability and Capability to Perform Required Services, Methodology and Overall Approach, as contained in the submittal. Include the name of the organization, business phone and contact person. 4. Qualifications and Experience(Limit to 6 pages) a) Describe the Proposer's organizational history and structure; years Proposer and/or firm has been in business providing a similar service(s), and indicate whether the City has previously awarded any contracts to the Proposer/firm. 19 b) Provide a list of all principals, owners or directors. c) Provide a complete list of clients for which Proposer has provided a similar service(s) as required in this RFP. This list should include those entities of a similar size, complexity and scope of work, to the City, particularly governmental entities,for which services have been performed during the past five (5)years. d) Provide detailed background indicating qualifications and experience, for the Successful Proposer and all personnel to be assigned the City's account throughout the duration of the Contract. e) Provide, at a minimum, three (3) references that have utilized the services proposed in this response, to the most relevant current completed services, to include name, address, telephone number, and description of work, must be included in the response. f) Should Proposer propose to utilize a Sub-Contractor(s) to perform any of the services, Proposer must identify Sub-Contractor(s) and those services to be performed. Proposer must provide Sub-Contractor(s) qualifications and experience in detail, highlighting the experience in various areas addressed in this RFP. List who will be acting as the prime contractor, including address, contact and phone numbers, and briefly describe each other party's relationship to this prime. g) Provide a list of clients that have, for whatever reason, discontinued to use your services within the past five (5) years, and indicate the reasons for the same. The City reserves the right to contact any reference as part of the evaluation process. 5. Ability and Capability to Perform Required Services a) Describe the size of Proposer and its ability to provide required services to the City. Limit to 2 pages. b) Describe your current operations and the manner and scope of other services currently or in the last five years. Describe the Proposer's management capacity and system for coordinating all of the services to be provided under this RFP and any other contracts of the Proposer; further, discuss how it plans to handle and coordinate all these efforts, along with the services to be performed pursuant to the RFP, if awarded a contract. Limit to 3 pages. c) Provide financial data for your company as well as any other entity with which you are proposing this project. 20 d) Provide information as to any and all pending or previous lawsuits, filing of or any pending bankruptcy proceedings, including the disposition of same, filed against the Proposer relating to similar services being sought within this RFP. e) Provide information as to whether Proposer has been acquired, plans to be acquired or merged with any other firms in the future, if known. Explain how said merger with another entity(s) may affect the services to be provided to the City, if any. f) Provide audited financial statements for the past two (2) years. 6. Methodology and Overall Approach to Scope of Work(limit to 10 pages) Discuss in detail Proposer's Overall Methodology and Approach to the work to be performed as required under Section 3, Specifications and Scope of Work. Proposers are to provide separate and detailed discussion in an orderly format for the following but not limited to: a) List all details associated with Proposer's maintenance program, including personnel training, daily operating practice, preventive maintenance program, etc. b) Describe Proposer's Standard Operating Procedures (SOPs) including, but not limited to,the following: -Plans for replacement of disabled Vehicles; -Procedures for notifying City of delays and cancellations; -A list of names and phone numbers of contact persons who can make operating decisions and be reached during Hours of Operation and after hours; -Accident review procedures and Operator corrective processes; -Radio check in and coordination procedures for maintaining Vehicle headways, including procedures for GPS/Automated Vehicle Location reporting; -Description of Operator training (including hospitality and courtesy training) -Procedures for operating vehicles and providing service, including procedures to insure that stop announcements are made by bus operators; -Procedures for daily servicing; -Procedures for dispatching Vehicles to achieve balanced accumulation of mileage for each Vehicle in the fleet and accomplish required Service and maintenance; -Contingency plan for emergencies such as accident, fire, mechanical failure, inclement weather, and criminal activity; 21 -Procedures for the handling of public and internal comments and complaints, and: -Operator safety, recognition and rewards program, and disciplinary procedures for the Operator misconduct. Special attention should be paid to an incentive program for front line employees who provide excellent customer service. -Customer service guidelines, employee standards of conduct. -Supervision, with sufficient supervisory level personnel to respond to service problems, monitor performance schedules and procedures, and enable operators to communicate with the base office, during all Hours of Operation. c) Describe Proposer's Safety Program and how it plans on implementing and maintaining said program. Attach a copy of the Proposer's Safety Program, if available. d) Describe Proposer's Substance Abuse (Drug and Alcohol) Testing Program. Attach a copy of Proposer's Substance Abuse (Drug and Alcohol) Testing Program, if available. e) Submit Proposer's Preventive Maintenance (PM) Policy and Program Manual for the trolleys. f) Explain or provide a general description of your Parts and Warehousing Plan, including how proposer will reasonably maintain satisfactory inventory levels to assure timely repair of vehicles/equipment. g) Provide any other programs, information, plans, details, approach or methodology that Proposer feels adds value to providing bus circulator services to the general public. 7. Cost Proposer shall provide an itemized and breakdown cost as shown in the Price Line Section in this RFP document. Failure to do so shall deem your Proposal non-responsive. 2.19 BID BOND/ PERFORMANCE BOND The Bidder must have the ability to obtain a 100% performance bond at time of contract. The City must appear listed as obligee on this bond. The Proposer shall submit proof of their bonding capacity by means of a letter from their bonding company. A Bid Bond in the amount of five (5) percent of the base bid amount is required for this project. 22 Within ten (10) calendar days after the notice of award of the Agreement,the successful Proposer will be required to obtain and provide the following bonds to remain in effect during the term of the Agreement. The bonds shall be executed by a responsible corporate surety who has been given a B+: VI or higher rating by the most recent edition of A.M. Best's Insurance Guide and which is authorized to issue bonds in the State of Florida through an authorized agent with an office in Florida: 1. A Performance Bond or other security acceptable to the City that is equal to one- hundred percent (100%) of the base bid contract price, with annual renewals required. The performance bond is a guarantee of good faith on behalf of the Proposer that the terms of the Agreement shall remain in full force and effect during the full term of the Agreement between the City and Proposers. 2.20 RECORDS AND REPORTING 2.20.1 General Provisions (a) Project Records. The Contractor shall maintain all project records as requested by the City. All project records prepared by the Contractor shall be owned by the City and shall be made available to the City at no additional charge. (b) The Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for the City under this Agreement on file for at least three years following the date of final payment to the Contractor by the City. The above records retention requirement shall include daily driver logs, as well as all other books, records, and documents. Any duly authorized representatives of the City shall have access to such records for the purpose inspection, audit, and copying at reasonable times during the Contractor's usual and customary business hours. (c) Weekly Passenger Count Summary Report and Monthly Summary Reports shall be provided to the Trolley Manager of the City. Said monthly reports shall be received no later than the 15th calendar day of the following month. Weekly reports shall be provided by the Tuesday of the following week for regularly scheduled services. Weekly and Monthly report figures shall coincide with daily trip sheet totals for the month. (d) The format to be used for operating reports and monthly summaries shall be developed by the Contractor and approved by the Trolley Manager of the City. (e) The Contractor shall certify as accurate all information given to the City. 2.20.2 Daily Records/Reports (a) Telephone Report: The City shall be notified via phone and email of any change of vehicle and/or driver, special runs, interruption of service due to inclement weather, out-of-service vehicles, emergencies and accidents. (b) Daily driver logs will be used by each shift of operators, a copy of which is to be submitted to the City on a weekly basis. The log is the source document for use in determining the total miles, number of passengers (manually counted) and passenger 23 categories. Missed miles and missed trips will be determined from the log by comparing actual daily miles entered into the log against predetermined daily total miles for each vehicle or other means as approved by the City. (c) Daily dispatcher logs shall include, but not be limited to, the following information: number of incoming calls, type of information requested (schedule, route, destination, connections, etc.). 2.20.3 Monthly Summary Reports The Contractor shall prepare and submit to the Trolley Manager of the City a monthly summary report within 15 calendar days after the end of the operating month. Monthly Summary Reports shall include, but not be limited to: (a) Vehicle Total Service Hours and Miles: Monthly report figures shall coincide with daily trip sheet totals for the month, by Route. (b) Total Ridership: Monthly totals of the number of passengers carried, by Route. (c) Service Break Summary: Vehicle out-of-service, operational problems, breakdowns, missed trips and delays over fifteen (15) minutes. (d) Complaints and Compliments: passenger complaints and compliments collected by the City and description of any action taken regarding complaints. Passenger complaints related to safety or serious operational deficiencies shall be reported to the Contractor by the City no later than the next workday following the City's receipt of complaint. (e) Vehicle Condition Summary: mileage (month, year to date, total), fuel and oil consumption (miles per unit), accidents, preventive maintenance and inspection program (actual vs. program), summary of major component rebuilding/repairs made, by Vehicle. (f) Equipment Status Summary: all other City-owned equipment. (g) General Summary: all other issues, evaluations, suggestions for improvements. (h) Reports for the Circulator Service shall be broken down by day and tabulated for the month. (i) The Summary Report shall also include a recap of the service, summary statistics for current month, year-to-date, same month last year (when applicable) and percent change from last year for total system (if applicable). Spreadsheet type graph(s) of trends in ridership, passengers per vehicle hour, and service quality measures shall be developed. It shall also include problems with service/personnel/accidents, and solutions proposed for the problems. 2.20.4 Yearly Summary Reports Yearly Summary Report for Circulator Service shall include, but not be limited to, miles, hours, passengers and costs itemized by month for each service. 24 2.20.5 Accidents Reports The Contractor shall make available to the City such written reports free of charge, for each occurrence. 2.20.6 Accounting (a) Itemized monthly invoice. The Contractor shall submit, with the monthly summary report, an itemized monthly invoice to the City for the services rendered during the reporting period. Both the monthly invoice and the summary report shall be received by the 15th day of the subsequent month. The itemized invoice shall follow a format approved by the City. (b) Net amount due. The charge for Circulator Service minus the time scheduled vehicles were out of service shall be submitted as the amount due the Contractor. The City imposed liquidated damages shall be deducted from this amount. (c) Open records. All invoices and related records will be available for inspection and/or independent audit at the election of the City. 2.21 METHOD OF AWARD The City will open all submittals received prior to the stated deadline in a public forum and will announce the name submitted. The City will review all submittals for proposal compliance according to the requirements set forth in this RFP and evaluate the bid submittals in accordance with section 2.22. In order to be deemed responsive the bids must meet or exceed the minimum requirements established in Section 2.3, contain all required forms listed and provided in Section 4 and 5 of this solicitation. An Evaluation Committee, appointed by the City Manager of Doral, shall evaluate each proposal in accordance with the requirements of this RFP. Proposers may be requested to make additional written submissions or oral presentations before the Evaluation Committee makes its recommendation. The Evaluation Committee shall recommend, to the City Manager, acceptance or rejection of one or all of the proposal(s). The Evaluation Committee shall recommend acceptance to the City Manager based on which it believes is in the best interest of the City. The Evaluation Committee shall base its recommendations per criteria listed in Section 2.18 and 2.22. The Evaluation Committee will evaluate all proposals found to meet minimum requirements and rank the proposals. The top Proposers may be invited to an interview. The City reserves the right to award the Contract to other than the lowest cost proposal allowing for a more responsive proposal that addresses all criteria in this Proposal and 25 best satisfies the City needs. The Evaluation Committee may consider criteria other than those listed in this Proposal, as necessary, in the selection process. Prospective Contractors may be required and shall be prepared to attend an interview with the Evaluation Committee. The City may choose, at its sole option, not to interview all proposing Contractors. The City may reject any or all proposals submitted, or at its sole discretion, award the Contract to the best Proposer without any interviews. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend, based on the results of the final scoring, to the City Council for approval, the proposal or proposals, if any, acceptance of which the City Manager deems to be in the best interest of the City. The City Council shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation by the Evaluation Committee and, if appropriate, approve the Manager's recommendation(s). A proposed contract is presented to the City Council for approval, modification, and/or rejection. If and when a contract acceptable to both sides is approved by the City Council, the City Manager, City Attorney and City Clerk will sign the contract after the selected Proposer has done so. Cost is one, but not the only criteria being evaluated. The City reserves the right to select the Proposal that best suits the City's needs. The City also reserves the right to award a contract based on original proposal,without negotiation with any proposer. The City of Doral shall be the sole judge in determining Proposer's qualifications. The City, at its sole discretion, reserves the right to inspect any/ all Proposer's facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Proposer, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and / or with other units of state, and / or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. Upon approval of the City Council, a contract shall be awarded to one (1) Proposer evaluated in accordance with section 2.18 and 2.22 and selected as the best offer and most responsible, responsive Proposer meeting all specifications. Any award made shall be subject to execution of contract in a form and substance, which is approved by the City Attorney. The City of Doral reserves the right not to award or to reject bids from vendors that are currently in litigation with the City of Doral or as a result of any prior lawsuit with the City of Doral. 26 2.22 EVALUATION FOR VENDOR SELECTION a) (30 points) Qualifications and Experience b) (25 points) Ability and Capability to Perform required Services c) (10 points) SHALL BE SCORED BY CITY'S PROCUREMENT OFFICE Client References- Points may be awarded after verifying vendor's client References (Section 5). 10 points for 3 satisfactory references, 5 points for two satisfactory references, 2 points for one satisfactory reference, and no points for no satisfactory references. d) (25 points) Methodology and Overall Approach e) (50 points) SHALL BE SCORED BY CITY PUBLIC WORKS STAFF Price/Cost evaluation for bids. The lowest average BASE BID Cost Proposal will receive 50 points. Every other Proposal previously found to be in the Competitive Range will be given points proportionately in relation to the lowest price. This point total will be calculated by dividing the lowest price by the total price of the Proposal being evaluated and the result multiplied by the maximum weight for price (50 points) to arrive at a Cost Proposal score. • Example: Lowest Proposed Price / Proposer's Proposed Price x 50 = Proposal Score • The application of the above formula will result in a uniform assignment of points relative to the criterion of price. Total Points:(140 Total Available Points) Note: No bias or special consideration is given to vendors based on geographic locality during this procurement. 27 2.23 DUE DATE All Proposals are due no later than March 18, 2014 at 11:00 AM, EST or any time prior thereto at the City Manager's Office, City Hall, 8401 NW 53 Terrace, Doral, FL 33166. All Proposals received will be publicly opened on the date and the time specified. All Proposals received after that time shall be accepted and returned unopened. Original Submittal and three (3) copies must be presented in three ring binders. CD copies of entire submittal must be located in the front pocket of the binder containing the original submittal. CD copies must be properly labeled with the Bidders name and ENTER "Maintenance and Operation Services for Doral Trolley Circulator System" RFP #2014-09. Original submittal and three (3) copies must be submitted in a sealed envelope or box/container clearly marked with the RFP title. EMAILED OR FAXED proposals will not be accepted.The Solicitation Response Form shall be attached to the exterior of the packet. BIDDER shall deliver to the City,as Bid package this entire RFP document, with all sections executed. Proposals received after the closing time and date,for any reason whatsoever, will not be considered. Any disputes regarding timely receipt of proposals shall be decided in the favor of the City of Doral. Proposers shall assume full responsibility for timely delivery at the location designated for receipt of Bid. The City of Doral cannot be responsible for proposals received after opening time and encourages early submittal. Proposals received by the City after the time specified for receipt will not be considered. The hard-copy Proposals shall be prepared double-sided on 81/2 x 11 in. paper. The hard copies shall be contained in three-ring binders, the contents of which are identified on the outside. Use of 11 x 17 in. foldout sheets for large tables, charts or diagrams is permissible but should be limited. Elaborate formatting is not necessary. Do not provide promotional or advertising information, unless this information is requested and/or is necessary to support the technical submittal. All information required by the Request for Proposal must be supplied to constitute a regular submittal. SOLICITATION RESPONSE FORM SHALL BE ATTACHED TO THE OUTSIDE OF THE SEALED SUBMITTAL. 28 2.24 INSURANCE REQUIREMENTS Successful bidder/proposer shall maintain, at their sole expense, during the term of this agreement insurance coverage in accordance to Exhibit B. Please Note: The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least thirty (30) days prior written notice has been given to the City. The certificate must further list the City of Doral as an additional insured with respect to general liability, auto, and excess liability, and loss payee with respect to physical damage and crime coverage. Trolley System: The Successful Proposer shall be responsible for its work and every part thereof, and for all materials,tools, appliances and property of every description, used in connection with this particular project.The Successful Proposer shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the Successful Proposer is acting as an independent contractor. The City reserves the right to require additional insurance in order to meet the full value of the scope of services. At award time, the successful proposer must furnish a Certificate of Insurance and Declaration of Coverage Page showing the City of Doral as additional named insured on each of the policies referenced above. 2.25. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Proposer shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed,the Successful Proposer shall assume the expense and repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one month from date damage occurred). 2.26 Compensation/Payment Basis of Compensation: Compensation under this Agreement is the Contractor's Cost Proposal for the applicable fiscal year. 29 Submission of Invoices/Payment: Invoices and supporting documents are to be submitted to the Trolley Manager on a monthly basis and in the format specified by the City. Upon verification of the accuracy and completeness of the invoice by the Trolley Manager,the claim shall be forwarded for payment approval to the City. Contractor's invoice submission for service provided the previous month shall include the required monthly reports, and shall be submitted to the Trolley Manager by the 15th of the month. Other Expenses If necessary, additional payments shall be paid by the City to Contractor, for services, special purchases, or other items and activities not covered under this Agreement. 2.27 EXCEPTIONS TO SPECIFICATIONS Exceptions to the specifications shall be listed on the Proposal Form and shall reference the section. Any exceptions to these Sections may be cause the bid/proposal to be considered non-responsive. 2.28 COMPLETE WORK REQUIRED The Work to be performed under any Contract resulting from this Request for Proposal shall consist of furnishing all tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The Work shall be complete and all work, materials, and services not expressly shown or as called for in the Contract Documents which may be necessary for the complete and proper completion of the Work in good faith shall be performed, furnished, and installed by the Awarded Proposer as though originally so specified or shown, at no increase in cost to the City. 2.29 INQUIRIES Any questions regarding this Proposal shall be directed in writing to the Procurement Division via email at procurement @cityofdoral.com. All inquiries must have in the subject line the following: Maintenance and Operation Services for Doral Trolley Circulator System" RFP No. 2014-09. If your request is seeking a public record, such as a bidder list or award list, it must be submitted to the City Clerk and not to the e-mail stated above. Bidders requiring clarification or interpretation of the RFP must submit them via email on or before 12:00 pm noon, March 3, 2014. The person or firm submitting the request shall be responsible for its timely delivery. Written responses will be compiled and shall 30 be issued only in addendum format and distributed to all potential Bidders. In addition, inquiries and responses may also be posted on the City of Doral website. 2.30 FORMS 2.30.1 Non-Collusion Affidavit Each Proposer shall complete the Non-Collusion Affidavit and shall submit the executed form with the RFP submittal. City considers the failure of the Proposer to submit this document to be a major irregularity and shall be cause of rejection of submissions. By offering a submission pursuant to this Request for Proposal, the Party certifies the Proposer has not divulged, discussed or compared his response with other Parties and has not colluded with any other proposers or parties to this Statement of Qualifications whatsoever. Also, the Proposer certifies, and in the case of a joint response, each Proposer thereto certifies, as to his own organization,that in connection with this Statement of Qualifications. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a Statement of Qualifications for the purpose of restricting competition. The only person or persons interested in this Statement of Qualifications, principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Statement of Qualifications or in the contract to be entered into. No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees or established commercial agencies maintained by the Proposer for the purpose of doing business. 2.30.2 Americans with Disabilities As part of any Statement of Qualifications, each vendor must submit an executed American with Disabilities Act Non-Discrimination Statement, in accordance with attesting to compliance with 42 U.S.C. Section 12101 et, seq. 2.30.3 Compliance with Equal Employment Opportunity The Proposer shall comply with Title VII of the Civil Rights Act of 1964 42 U.S.C. Section 2000e et seq., Section 504 of the Rehabilitation Act of 1973 29 U.S.0 Section701 et seq., and Title I of the Americans with Disabilities Act, 42 U.S.0 Section 12101as of 1990 in that: No person in the United States shall on the 31 grounds of race, creed, color, national origin, sex, age, political affiliation, beliefs or disability be subject to discrimination under any program or activity which the Proposer has agreed to undertake by and through the covenants, and provisions set forth in this Contract. 2.30.4 Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Statement of Qualifications to provide any goods or services to a public entity, may not submit a Statement of Qualifications with a public entity for the construction or repair of a public building or public work, may not submit Statement of Qualifications on lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of Thirty-Six (36) months from the date of being place on the convicted vendors list. 2.30.5 Tie Bid Form Whenever two or more bids are equal with respect to price, quality, and service are received by the City or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bid will be followed if none of the tied vendors have a drug free workplace program. The above referenced forms are included in 'Forms / Deliverable' at Section 5 of this solicitation. Please ensure that you read these forms, and all others contained within Section 5 thoroughly, and return them signed and notarized where required. Bids received with incomplete forms may be deemed unresponsive. 2.31 PROTEST PROCEDURES All protests must be in writing, stating the name and address of protestor, a contact person, Contract number and title. Protests shall specify in detail the grounds of the protest and the facts supporting the protest. 2.31.1 Address All protests must be addressed as follows: Barbara Herrera, City Clerk Office of the City Clerk City of Doral 32 The City is seeking to select a firm that is the most advantageous and in the best interest of the City,to operate and maintain city owned trolleys, provide backup replica trolley vehicles, including maintenance,fuel, storage, personnel and operations for all route circulators, as well as additional optional routes to be considered. The route circulators,as well as additional optional routes to be considered are public fixed—route transit services and will be directly managed, and partially funded by the City of Doral as well as other sources.The selected Successful Proposer will be required to meet all Federal, State and Local operations, maintenance and administrative reporting requirements such as those stated in the Florida Administrative Code (FAC) Chapter 14-90, Florida Department of Transportation (FDOT) service development program requirements, including audits and inspections, and Federal American Recovery and Reinvestment Act (ARRA) reporting requirements. The City of Doral is requesting per hour costs to operate all route circulators, as described in the Bid Form found in Section 4 and Doral Trolley map attached herein as Exhibit "C". Commencing service contract, Contractor agrees to provide public transportation services in accordance with the route(s), number of annual vehicle(s) miles and hours, and service specified herein. Contractor shall operate and maintain the system in compliance with the City operating policies and local ordinances applicable to this service, providing management, technical and operating personnel and services necessary for the operation of the City's fixed route(s)trolley system. All services rendered shall be subject to the control of the City and coordinated by the City. Responsibility for Contractor's day-to-day operations shall be vested in the Contractor's full-time System Manager. In addition, an officer or owner of the Contractor shall be available either by phone, by electronic mail or in person to make decisions or provide coordination as necessary. The City maintains the rights to inspect, examine or test at any reasonable time any of the facilities, records, (including, but not limited to, financial, personnel or maintenance) or equipment used in the performance of the work, or otherwise monitor Contractor's work in order to assure compliance with this Scope of Service. 3.2 Existing Transit Services The City of Doral currently has 5 trolleys in the service area. Miami-Dade Transit service is available.The City coordinates existing transit services with the Circulator Service. 35 3.3 Operations Procedures In and for the consideration specified in contract documents, Contractor agrees to do all necessary things to manage, operate, and maintain a public transportation system to the City's satisfaction as required by this Request for Proposal and the corresponding Scope of Services, including but not limited to: Vehicle drivers shall be expected to: 1. Not transport any animal, except seeing-eye dogs and special companion assistant dogs; 2. Demonstrate courtesy, helpfulness,and good driving habits; 3. Communicate events and passenger counts obtained by usual and customary logging procedures;and, 4. Log and report all events that impede vehicle movement. The Contractor will operate the service according to the projected service hours as established by the City. The City will be responsible for providing information to be displayed by the Contractor inside the vehicles. The proposed route(s) in this proposal have been developed by the City and are subject to modifications. 3.4. Legal Holidays Legal holidays for the City of Doral include the following: New Year's Day Martin Luther King's Birthday* President's Day* Memorial Day Fourth of July Labor Day Columbus Day* Veteran's Day* Thanksgiving Day Friday after Thanksgiving Day* Christmas Day *Dates as indicated shall not be considered legal holidays for Successful Proposer and service shall be provided. 3.5 Service Description The Circulator Service is operated as a turn-key arrangement.The Circulator Service operates 5 trolleys at this time. Each trolley has capacity for a minimum of 25-passengers. The Circulator 36 8401 NW 53 Terrace Doral, Florida 33166 Protests not properly addressed to the address shown above may not be considered by the City. 2.31.2 Protests on the Recommended Award Any Proposer whose Proposal has not lapsed may protest the recommended award on any ground. Three (3) copies of a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest must be received by the City at the appropriate address in "Address," above, no later than fifteen (15) calendar days prior to the issuing of the Notice of Award at Council Meeting, a written decision stating the grounds for allowing or denying the protest will be transmitted to the protestor and the proposer recommended for award in a manner that provides verification of receipt. 2.32 COMPLIANCE WITH LAWS AND REGULATIONS Contractor shall at all times comply with all applicable laws, regulations, policies, procedures and directives (together, the "Law"), including without limitation, FTA regulations, policies, procedures and directives. Contractor's failure to so comply shall constitute a material breach of this Contract. END OF SECTION 2 33 SECTION 3 - SPECIFICATIONS 3.1 SCOPE OF SERVICES The work covered by the Specifications and Contract Documents, consists in maintenance and operation of the Doral Trolley Circulator System in accordance with the terms and conditions set forth in RFP #2014-09. The specifications are included in this RFP package. The contract shall be a firm fixed price contract. It is the intent of the City to select the best offer and most responsible, responsive Proposer meeting all specifications to operate and maintain its public transit system hereinafter referred to as "Doral Trolley Circulator System" a general public fixed route service that includes operations and vehicle maintenance. Our circulator system is intended to provide an alternative mode of transport (transit) which alleviates traffic load to the transportation system during peak hours resulting in associated environmental and social benefits. The Doral Trolley Circulator System is directly owned and funded by the City of Doral. Subsidies for the circulator system are at times provided through Miami Dade County, Florida Department of Transportation (FDOT) Public Transit Service Development Program, and South Florida Regional Transportation Authority. The City plans to continue running a municipal public transit service that is responsive to the needs of Doral, meets all applicable Americans with Disabilities Act (ADA) requirements, plus complies with all safety, mechanical, and vehicular standards mandated by Miami-Dade Transit Agency Consumer Service Department or any other applicable regulatory agencies.The primary objectives of the contract operation are: • To provide safe, clean, efficient and effective transit service within the service hours allotted, • Provide state of the art maintenance of the City's trolley fleet, • To provide a professional, courteous, and pleasant transit experience for each passenger. Selection of a proposal will be based on the most favorable combination of outcomes to meet above objectives. 3.1.1.Services To Be Provided The City of Doral (City) is issuing this Request for Proposals (RFP)to firms that provide public transit services and are licensed to operate in the State of Florida. However, any and all experienced and qualified organizations (individual, firm,joint venture, etc.), referred to as the "Proposer" are invited to submit a proposal. 34 Service operates six days a week, and may include holidays, for approximately 16 hours during weekdays and 12 hours on Saturdays. No service on Sundays. The City of Doral Trolley operates a Fixed Route System. City of Doral Trolley currently operates three (3) routes with a fleet of 5 trolleys as follows: Route No. Service Days Approximate Service Times No. of Trolleys 1 M-F 6AM to 9:20PM 2 1 Saturday 7AM to 7PM 1 1 (Peak) M-F 6AM to 9:20AM 1 2:15PM to 6:23PM 2 M-F 6AM to 7:42PM 1 3 M-F 7:05AM to 8:12PM 1 3 Saturday 7:05AM to 7:11PM 1 City presently operates(4) diesel gas engines trolleys and(1)gasoline engine trolley The City will provide oversight of the service through its designated trolley manager as well as provide administration, marketing, and public information services. The Contractor will provide start-up expertise and services, system management, and all personnel, facilities and services required for operation and maintenance of the service. These include, but are not limited to, transit service and support vehicles, drivers, maintenance personnel, supervisors and the physical facilities and equipment necessary to operate a transit system, including garage and office facilities. Contractor is required to operate a minimum of eight (8)trolley vehicles with a minimum capacity of twenty-five (25) passengers per vehicle on each route. Successful Proposer will provide an additional three (3)trolley vehicles to serve as backups to trolley vehicles that will be in service. Each route and the level of service may be refined by the City based on system performance. Successful Proposer agrees to provide public transportation services in accordance with the route(s), number of vehicle(s) miles and headways, hours, and services specified herein. All services rendered shall be subject to the control of the City and coordinated by the City. Responsibility for Successful Proposer's day-to-day operations shall be vested in the Successful Proposer's full-time Management. 37 3.6 Service Area Maps and Proposed Routes The attached Doral Trolley Map presents key generators in the City that are served by the circulator service. 3.7.Operations and Performance Standards Proposers are to refer to Exhibit A, "Operations and Performance Standards and Specifications". Proposers must propose backup vehicles meeting or exceeding the vehicle minimum specifications (Supreme Classic American, Hometown Trolley or Approved Equal).The City of Doral reserves the right to add, delete, modify, or change operations and performance standards.The City may add, delete, modify, or change the normal hours of operations (Monday-Saturday). 3.8.System Specifications:Contractor Responsibilities The Contractor shall coordinate, manage, and control all applicable program activities which shall include: provide drivers and all project personnel, train personnel as necessary, supervise all elements of on-street operation, and develop administrative procedures necessary for system operation. The Contractor will obtain and provide all required state and local vehicle permits and license plates and ensure that all drivers are properly licensed for the service they are providing as applicable. The Contractor must also have all applicable state and local business licenses prior to the start of service. The Contractor shall bear all cost of license plates and all other operating expenses incidental to the use of its own backup vehicles (including any leased vehicle) and in the operation of the vehicles (including City owned, e.g.: PMC stickers) to comply with all laws, regulations, rules and orders of lawfully constituted authorities. The Contractor shall give the City and its assignees the right and privilege to inspect vehicles on the premises of the Contractor or wherever located whenever the City's judges such inspection may be proper. The Contractor shall be liable for any penalties imposed on the City by local, state, and federal agencies due to the Contractor's failure to obtain the proper vehicle licenses or maintain vehicles in accordance with local, state, and federal regulations. Services shall be managed by the Contractor in accordance with the guidelines and parameters established herein and the attachments hereto. The Contractor shall be solely responsible for the satisfactory work performance of its employees and agents as described in this Request for Proposal or any reasonable performance standard established by the City. 38 The Contractor shall be solely responsible for payment of all employees' and/or subcontractor's wages and benefits, in accordance with the payment schedules established for this project. The Contractor's personnel wages and work hours shall be in accord with the local, county, and state regulations affecting such personnel. Dispatch personnel shall be bilingual (English and Spanish) and trained for the special needs of elderly and disabled individuals and shall respond to questions concerning the service with both sensitivity and efficiency. 3.9 Vehicle Operators 1. Vehicle operators must have a valid Florida CDL (chauffeurs or commercial) driver's license as well as any other licenses required by applicable federal, state, and local regulations. Vehicle operators must also have a medical examination certificate and pass drug testing. A vehicle operator who does not pass the medical and drug examination shall not be permitted to operate a vehicle. 2. Any vehicle operator shall be trained in all operational procedures relating to the Circulator Service, including thorough knowledge of the service area street network. 3. Drivers shall be fully trained in defensive driving and vehicle handling. 4. Drivers shall be trained in the special skills required to provide transportation to elderly and disabled individuals. Drivers shall also be trained to understand and practice the high quality of service required by the City. 5. Drivers shall assist passengers confined to wheelchairs in boarding and shall perform the tie downs. 6. Drivers shall be trained to operate all types of vehicles (including reserve vehicles owned by the Contractor) in the service, wheelchair lifts and secureness systems, and other equipment that they may be expected to use during service hours. 7. Regularly assigned drivers or trained back-up drivers shall be available and on time daily to ensure consistent and reliable service. 8. No vehicle operator shall take lunch hour or breaks inside or close by his/her vehicle. Passengers must never be kept waiting, except where schedules are maintained. 9. Drivers shall be dressed and groomed appropriately and they shall be in a uniform acceptable to the City. Drivers shall wear identification tags clearly displaying their first name only while performing their duties. 10. Each driver and vehicle shall have an accurate timepiece available and in clear sight at all times during vehicle operation. 11. Drivers are required to have a thorough knowledge of traffic regulations along the route and the schedule time points. 12. Drivers need to be sensitive to ridership comforts, such as the interior temperature on their respective vehicle, cleanliness of vehicles, etc. 3.10 Staff Levels and Wages The Contractor shall pay staff wages within acceptable ranges in the transportation industry for the established positions. 39 3.11 All Personnel 1. All personnel assigned to this project shall be knowledgeable of the Circulator Service. 2. All project personnel shall maintain a professional, courteous attitude, answering to the best of their ability any passenger questions regarding the provision of service. Discourtesy, rudeness or the use of profanity will not be tolerated and shall be grounds for immediate removal of the offending employee from performing work within the program. 3. Drivers and dispatchers shall accurately complete and submit the required operating reports daily. 4. All personnel shall be required to attend quality/safety workshops as required by the City up to a maximum of eight hours per year per employee. 5. The Contractor shall provide manuals related to personnel policies and procedures, and maintain an employee acknowledgment file with employee signature indicating they have read and fully understand its contents. 3.12 Maintenance The Contractor shall be responsible for all maintenance activities including but not limited to replacement parts and tires, oil and fluids change, filters, and cleaning of vehicle. 3.13 Safety and Security Program Plan The Contractor shall assume full responsibility for assuring that the safety of passengers, operations personnel, and vehicles and equipment are maintained at the highest possible level. The Contractor shall comply with all applicable State of Florida Department of Transportation including Florida Administrative Code 14-90 and federal safety requirements. The Contractor shall adhere to the City's Safety and Security Program including periodic attendance to safety meetings, participation in safety organizations, offering safety incentives to drivers and other employees, and participation in risk management activities under the auspices of the Contractor's insurance carrier or other organization. The Contractor shall assist the City with periodic updates of the Safety and Security Program plan. The Contractor will require all drivers, dispatch personnel, vehicle maintenance mechanics, and supervisors to participate in the safety program. 3.14 Road Supervision The Contractor shall provide road supervision as required to monitor drivers, vehicles, quality of service, and adherence to all established routes and time schedules, and to respond to emergency calls. 3.15 Accident and Incident Procedures The Successful Proposer shall develop, implement, and maintain formal and expedient procedures to respond to all accidents, disturbances, passenger injuries/fatalities, and any 40 other service interruptions/failures. Successful Proposer shall be responsible for reporting to the City as described below, any incidents that occur. All traffic accidents involving vehicles/pedestrians, irrespective of injury, shall be immediately reported to the City of Doral Police Department.The Successful Proposer will advise such agency of the accident and request a police unit to investigate the accident. The City Trolley Manager shall be immediately notified by the Successful Proposer of any accident or incident, especially those resulting in injury, in loss or damage to the City and/or private property. Written notification shall follow within 48 hours. This written notification shall describe the sequence of events and include reports by driver, attendant,witnesses, etc. In addition,the Florida Department of Transportation requires verbal notification of any accident involving these services within 48 hours thereafter the incident,followed by a written report within 48 hours. Further,fatalities are to be reported verbally to the Florida Department of Transportation within 24 hours of the incident,followed with a written report within the next 24 hours. It will be the responsibility of the Successful Proposer to provide follow-up reports, both verbally and in writing, within required hours of reported incident- applicable to both property damage, injury and/or fatality. 3.16 Emergencies- Natural Disasters In the event of an emergency or natural disaster,the City may require the Successful Proposer to make available,to the maximum extent possible, transportation and communications services and facilities to assist the City in ameliorating such incidents. Any such use of the trolley vehicles for emergency response purposes must be pre-approved the City, and said approval must be secured in writing.To the extent the City requires the Successful Proposer to provide such emergency services,the Successful Proposer shall be relieved of the obligation to fulfill the duties and responsibilities of operating the current or any future trolley operations which may be established herein. Further,the Successful Proposer shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, provided however,that the amount of such compensation and time of its payment shall be mutually agreed upon by the Successful Proposer and the City prior to the conclusion of the emergency or disaster, or at such other time as they may mutually agree upon. 3.17 Operations, Maintenance, and Vehicle Facilities The following facilities may be required to effectively manage and operate the Circulator Service. These will include: • A dispatch room and supervisor station; • Facility for setup of maintenance and secure storage of the City vehicles after hours; • Storage for the Contractor's vehicle maintenance (including cleaning supplies) equipment; • Fueling facilities to provide a dedicated source of fuel available in emergencies; 41 • Break room for drivers and staff; and, • Showers and restroom facilities. Prior to signing an Agreement with any of the Proposers, the City reserves the right to inspect the Proposer's closest maintenance and storage facility. 3.18 Equipment Contractor's vehicles for use as temporary replacement in the Circulator Service should meet all specifications as defined in this proposal and required by law. Transit vehicles must meet the requirements of Florida Administrative Code 14-90. The system fleet must meet all local, state and federal Americans with Disabilities Act requirements. 3.19 Cleaning Successful Proposer shall provide all labor and materials necessary to keep the vehicles clean at all times. Successful Proposer shall wash the exteriors of the vehicles, including support vehicles, at least weekly, and shall clean the interiors of the vehicles daily by picking up all litter, sweeping the floor, and cleaning the windows if required. Successful Proposer shall mop vehicle floors and clean all other interior items including seats, handrails, and windows as needed to maintain a clean vehicle. The interior passenger compartment shall be free of roaches and other insects or vermin as well as noxious odors from cleaning products. Successful Proposer shall remove all graffiti from the exterior and interior of the vehicles immediately or as soon as it is practical, but no later than the start of the next day's service. If the graffiti is offensive or vulgar and cannot be removed,that vehicle shall be taken out of service immediately. 3.20 Service Standards The Contractor shall strive to provide service in a manner that will maximize the productivity and at the same time maximize customer service, never losing sight of specific performance standards. The Contractor and the City shall meet periodically to evaluate performance of the system based upon these standards. If the standards are not fulfilling their intended purpose, they shall be adjusted based upon recommendations made by the Contractor with concurrence and final decision by the City. Should it be found that the Contractor's performance has contributed to the Contractor's failure to achieve these standards; the Contractor shall take all reasonable actions requested by the City to correct deficiencies in performance. Should deficiencies persist, the City may assess monetary penalties. Service hours will comply with all Circulator Service operational hours established by the City. The Contractor shall not be held responsible for the failure to provide on-time service due to naturally occurring disasters. 42 3.21 Additional Operating Procedures The Successful Proposer will observe all safety rules and other requirements of regulatory bodies having jurisdiction over the Service Area and operate the Vehicles with the highest regard for all aspects of safety. a)The Successful Proposer will not use or allow the Vehicles to be used for any illegal purpose. b)The Vehicles shall not be used for towing, pushing or any purpose other than the transportation of passengers. c)The Successful Proposer shall not overload the Vehicles beyond their specified carrying capacity nor operate a Vehicle in an unsafe manner. d) No other use may be made of the Vehicles dedicated to the City except as specifically authorized in writing by the City. e) All Vehicles shall operate with headlights and taillights turned on while in Service. f) City will designate specific bus stops along the routes described herein. Passengers shall be picked up and discharged only at these designated bus stops. Four-way flashers shall be used whenever the vehicle is stopped to load or unload passengers. g) Service shall be provided to all orderly persons who comply with ridership rules and regulations established by the City.The Contractor shall not discriminate against any passenger because of race, color, religion or country of origin, age,gender, sexual preference or disability. h) Mobility impaired passengers shall be assisted, as necessary,from the curbside to a secured position on the vehicle while boarding,or in reverse while alighting the vehicle. An Operator shall not provide assistance to a mobility-impaired passenger beyond the curbside. No assistance shall be required of an Operator, other than as specified above, if it necessitates leaving the driving position. 3.22 Substance Abuse Testing The Successful Proposer must implement a written Drug and Alcohol Testing program. 3.23 Initial Vehicle Inspection The City and the Successful Proposer shall make arrangements as necessary to schedule inspections prior to executing an agreement. Backup vehicles not meeting the minimum requirement will be deemed non-responsible and shall be cause for the City to negotiate with the next highest ranked firm. 3.24 Exclusive Use The Successful Proposer shall not enter into an agreement with any other party for use of equipment and/or personnel dedicated to this service without the approval of the City. 3.25 Vehicle Servicing and Repair The Successful Proposer shall maintain the vehicles in accordance with industry standards and warranty requirements to ensure safe, clean, attractive and efficient operation of the Vehicles at all times.The Successful Proposer shall submit with its proposal a written Preventive Maintenance (PM) Policy and Program Manual. Any changes after award must be approved by 43 the City in advance. The Successful Proposer shall provide separate PM programs for the vehicle heating and air conditioning(HVAC). Emergency Road call service, including towing of disabled vehicles, will be performed by the Successful Proposer. 3.26 Preventive Maintenance The Successful Proposer shall design and implement a preventive maintenance ("PM") program that will combine regular inspections with scheduled interval-related servicing needs and warranty requirements as provided by the manufacturer. Elements of the PM program shall include (but not be limited to): a) Daily pre- and post-pullout safety inspections. b) Daily servicing of fluid levels,tires, lights and minor mechanical problems. Brakes shall be checked weekly. c) Periodic mechanical and safety inspections by mechanics and supervisors. Such inspections shall be documented and completed monthly or more often as indicated necessary by recurring problems. d) Interval related servicing should be scheduled to reduce downtime and ensure maximum life and performance of Vehicle components. A minimum of the manufacturer's recommended intervals are required. e)The Successful Proposer is responsible for the required inspections of all vehicles used for these services, if and when applicable.The Successful Proposer shall schedule and deliver the Vehicles to a certified inspection station as required, if and when applicable without disrupting service. f) A major vehicle mechanical condition inspection and assessment of all Vehicles shall be conducted annually by the Successful Proposer. 3.27 Mechanical and Body Repairs Within three (3) days of learning of damage or the need for any repairs,the Successful Proposer will complete or cause to have completed all mechanical repairs found necessary to maintain the function of all components and features of the Vehicles unless otherwise directed in writing by the City. a) Body and frame repairs, inclusive of necessary painting, will be inspected and certified in writing as completed by the garage performing the work prior to returning the Vehicle to service. b) Minor body damage repairs shall be repaired as soon as possible, but not to exceed two (2) weeks,subject to the availability of OEM parts when needed. c) Major body damage shall be repaired before returning the Vehicle to service, not to exceed five (5) weeks out of service, subject to the availability of OEM parts when needed. d) Repairs to non-working items that relate to safety shall be completed prior to returning the vehicle to service. Failure of safety related items on a vehicle while performing service shall require immediate removal of the Vehicle from service for repair. These items shall include legally required lights, working brakes,tire tread depth or condition or any other mechanical condition that may have an effect on continued safe operation of a Vehicle. 44 e)The Successful Proposer shall be responsible for providing any towing services necessary to complete repairs required. Such services shall be done in a safe manner that will not cause damage to the Vehicle, its structure or components. 3.28 Repair Standards In conducting necessary repairs the Successful Proposer will warrant that: a) Qualified maintenance personnel, utilizing appropriate tools and equipment,trained to complete such work have conducted the repairs; b)The repairs have been conducted to the best available standards of quality; and Original Equipment Manufacturers("OEMs") approved parts have been used to affect the repairs. 3.29 Vehicle Records The Successful Proposer shall maintain a complete individual vehicle history of every vehicle provided by the City. The Successful Proposer is responsible for keeping the vehicle maintenance file current throughout the term of the Contract and shall make available complete copies of all files available to the City at the end of the contract.The City or its agent shall have reasonable access to all vehicle maintenance records during planned or unannounced visits or inspections of the Successful Proposer's facility for the duration of the Contract. The Successful Proposer shall maintain records to document the following(but not limited to): a)The completion of required inspections; b)The timely execution of scheduled servicing; c) Major repairs and replacement of Vehicle components d) Use of parts and components; e) Unscheduled maintenance: f) Accident repairs and body work; g) Warranty work and claims; h) Fuel and oil and fluids consumption on a unit per Vehicle basis; i) Vehicle mileage and hours of operation; j)Tire and brake life; k) Hours of operation; I) Frequency of service provided; m) Days of operation; n)Total actual vehicle miles—the total miles a vehicle travels including any deadhead; o)Total actual vehicle revenue miles, if applicable—the total miles the vehicle travels while in revenue service, excluding any deadhead; p)Total actual vehicle revenue hours, if applicable—the total hour the vehicle travels while in revenue service, excluding any deadhead; q)Total scheduled vehicle revenue miles—the total vehicle revenue miles computed from the scheduled service excluding deadhead, service interruptions, and special additional services; r) Unlinked passenger trips—the number of passengers who board the public transportation vehicles (as determined by an actual 100%count or by a Federal Transit Administration ("FTA") approved sampling procedure); 45 s) Passenger Miles—the sum of the distances ridden by each passenger; t) Cost per rider; u) Ridership for each route. 3.30 Vehicle Defect Records The Successful Proposer shall maintain records regarding any vehicle defect that occurs. Vehicle defect cards shall be made available to operators and staff on all vehicles operated under this Contract.A vehicle defect report shall be completed as part of the pre-trip inspection on each vehicle and after service and filed chronologically by vehicle number. Operators will turn in defect cards prior to and after each shift to the Successful Proposer's staff person who is charged with reviewing each card to prevent buses with problems from going out on the next shift/assignment. Original vehicle defect reports shall be kept on file. 3.31 Warranty Claims The Successful Proposer shall be responsible for documenting,filing and executing all warranty claims with the OEMs and component manufacturers.The Successful Proposer must ensure that all vehicle manufacturer warranty work is accomplished to guarantee the City compliance with necessary warranty requirements. Successful Proposer shall track all warranty work including parts and labor and submit claims for reimbursement to the manufacturer/supplier. Successful Proposer shall be responsible for defending claims and diligently pursuing claims that, in the City's, its agent's,or the Successful Proposer's opinion are unjustifiably denied.The City may have its maintenance auditor review vehicle records to ensure warranty claims are being properly recorded,submitted, and defended. 3.32 Variations and OEM No variation or vehicle system modifications will be allowed without written authorization from the City. Only original equipment manufacturer(OEM) parts and supplies may be used unless the Successful Proposer submits a written request to the City, with all relevant documentation, for a specific case-by-case waiver from this requirement and is granted that request.As a result of the required vehicle repairs,the Successful Proposer shall ensure that all reassembly tasks are performed in such a manner that the vehicle remains in the OEM configuration as it was received.This includes but is not limited to the wiring configuration and clamping, powertrain components, and body assembly. 3.33 Quality Assurance and Audits The City shall have immediate and unrestricted access to all vehicles and vehicle maintenance records during planned or unannounced visits or inspections to vehicles and Successful Proposer's facility for the duration of the Contract. Successful Proposer shall immediately remove from operation any bus that is determined by the City to be in need of repair, cleaning, or other action. 3.34 Preventive Maintenance of Heating and Air Conditioning Periodic inspection and servicing checklists will be developed that conform at least to manufactures' most severe service recommendations and generally accepted best industry 46 practices.The Successful Proposer shall properly maintain operating HVAC systems on all vehicles at all times. No vehicle shall be permitted to enter service without a properly functioning heating or air conditioning system and the Successful Proposer shall be expected to make all reasonable efforts to change out a vehicle that experiences a malfunctioning heating or air-conditioning system while in service. 3.35 General Repairs Successful Proposer shall provide as required all general repairs to vehicles provided by this Contract.This includes replacement of items that are or appear to be worn out (such as seat covers). 3.36 Responsibility The City shall not be required to repair, replace, or maintain any bus. Successful Proposer shall be fully responsible for all repairs, maintenance, and replacement of all buses during the term of the Contract, including timely replacement of buses damaged beyond repair. 3.37 Fuel The Successful Proposer will be responsible for supplying all vehicle fuel unless otherwise directed by City. The fuel used for buses must comply with all fuel requirements. 3.38 Parts, Lubricants,Supplies Successful Proposer, at its sole cost and expense,shall maintain stores of and provide lubricants, repairs, parts, and supplies required for the maintenance and operation of all buses and service vehicles. 3.39 Tires Buses will arrive at Successful Proposer's facility with the City owned tires.The Successful Proposer will be responsible for replacing tires for all vehicles. 3.40 Inventories The Successful Proposer shall maintain reasonable inventory levels to assure timely repair of vehicles/equipment. The Successful Proposer's supplied parts inventory shall remain the property of the Successful Proposer upon completion of the term of this Contract, and the Authority and follow on Successful Proposer shall have first right of refusal for the purchase of any remaining inventory. Successful Proposer shall submit a Parts and Warehousing Plan to the City for approval, including, at a minimum, loss prevention, shelf-life, and a critical items list. A general description of this program shall be submitted with the proposal with the detailed program submitted to the City for approval at least thirty (30) days before the first day of service provision. 47 3.41 Painting of Vehicles Vehicles will be delivered with special paint or decaling scheme for Circulator service. It will be the Successful Proposer's responsibility to maintain the color scheme,with painting/decaling as needed,throughout the life of the contract. 3.42 Bus Engine/Powertrain Replacement Warranty reimbursement for the replacement of components still under warranty will be the responsibility of the Successful Proposer. Powertrain component replacements and repairs for non-warranty items will be the Successful Proposer's responsibility. All repairs and replacements shall be completed within two weeks of failure or request for replacement, unless otherwise approved. 3.43 Modification and Repair of Destination Signs The Successful Proposer shall perform any required maintenance to ensure proper operation of all vehicle destination signs. In the event of route changes that affect the destination sign readings,the City will notify the Successful Proposer of changes in writing and the Successful Proposer will revise the destination sign to reflect that change. Successful Proposer will be responsible for equipment necessary to update these signs. 3.44 Miscellaneous Work The Successful Proposer shall provide labor for miscellaneous maintenance-related activities on vehicles as may be necessary. 3.45 City Inspections The City shall have the right and authority to periodically conduct, with or without prior notice, inspections of the Vehicles and Successful Proposer maintenance records and procedures.The City shall order necessary and reasonable revisions to such procedures as determined to be in the best interests of the City. a) All mechanical defects identified by a City inspection shall be corrected within three (3) days; b) Vehicles with safety defects that would impair safe operations shall be removed from Service immediately and the problem corrected, and c) Minor damage to the body of a Vehicle shall be repaired by the Successful Proposer. During the term of the Contract,the City may utilize a maintenance auditor to provide expert review of the Successful Proposer's maintenance practices and to audit the condition of the City's vehicles at time intervals no less than quarterly. These auditors may or may not be the City employees. These fleet audits will include extensive vehicle inspections, utilizing the pits and lifts of the facility, and also involve inspection of maintenance documentation and Successful Proposer's procedures. Fluid analysis will be involved.The Successful Proposer must provide full cooperation to these consultants, arrange for efficient use of their time through facility and vehicle access, supply personnel to move vehicles, and make on-the-spot repairs, adjustments, etc. 48 Access to Reports-The City intends for these audits to not only act as an independent monitoring of the Successful Proposer's maintenance efforts, but also as a method for the Successful Proposer to demonstrate constant improvement.Audit reports will be available to the Successful Proposer and the consultants will provide follow-up meetings and suggestions. Fluid Analysis—The City shall notify the Successful Proposer at least 48 hours in advance regarding the upcoming collection of oil,transmission, coolant, or other fluids for analysis as part of an audit. During this 48 hours,the Successful Proposer must inform the City of any scheduled preventive maintenance on any bus which might affect the samples to be tested. Repairs—Any deficiencies in the vehicle fleet identified by the audits shall be repaired by the Successful Proposer. Within 10 days after notification of such deficiencies,the Successful Proposer shall present a written repair schedule/timeline to the City for approval. Failure to submit such a schedule or to not complete the repairs according to an approved schedule will permit the City to procure a third party to complete such work at the Successful Proposer's expense. Any deficiencies that render a vehicle "deadlined" shall be repaired immediately. Protest—In the event the Successful Proposer disputes the independent auditor's findings, or believes for other reasons that the City should reimburse the Successful Proposer for such repairs,the Successful Proposer may seek the City's approval of a third party paid for by the Successful Proposer and approved by the City,to provide a second opinion. With assistance from the City's auditor,the City will consider additional opinions and attempt to resolve the issue. If the dispute cannot be resolved within a reasonable timeframe,the decision of the City shall be final. Under no circumstances shall the Successful Proposer be relieved of its responsibility for fully complying with adequate equipment requirements to meet service needs during such protest periods. 3.46 Maintenance Goals And Objectives Successful Proposer must establish, submit for the City approval, and track vehicle maintenance goals and objectives. A general description of this program shall be submitted with the proposal with the detailed program submitted to the City for approval at least 30 days before the first day of service provision. 49 3.47 PHYSICAL SIZE With exceptions such as exterior mirrors, marker and signal lights, bumpers, fender skirts, washers, wipers, ad frames, cameras, object detection systems, bicycle racks, feelers and rub rails, City owned trolley vehicles have approximately the following overall dimensions as shown in Figure 1 at static conditions and design height. FIGURE 1—Transit Bus Exterior Dimensions LENGTH OVER BUMPERS WIDTH (Including Mlaois) ic1J/Q I Overall Height 1 - . rr yly BODY LENGTH — WIDTH (Excluding Nunn) ©© � �.rtl.� n n iiiiii nnn 'I II_I o I , I O ® e Floor o. He Li FRONT WHEEL BASE I REAR.OVERHANG OVERHANG 3.48 SUPPLIES AND PROGRAM The Bidder shall supply all tools and equipment of every kind, ample in quantity and capacity, in good working order and suitable in character to carry out the work or services of his contract according to an approved program. 3.49 MAINTENANCE AND INSPECTION Scheduled maintenance tasks shall be related and shall be, in accordance with the manufacturer's recommended preventative maintenance schedule (along with routine daily service performed during the fueling operations). END OF SECTION 3 50 SECTION 4- PROPOSAL SUBMITTAL FORM: RFP#2014-09 THIS PROPOSAL IS SUBMITTED TO: City of Doral 8401 NW 53rd Terrace Doral, Florida 33166 1. The undersigned Proposer proposes and agrees, if this RFP is accepted, to enter into an agreement with The City of Doral to perform and furnish all goods and/or services as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this RFP and in accordance with the other terms and conditions of the Contract Documents. 2. Proposer accepts all of the terms and conditions of the Advertisement or Request for Proposal and Instructions to Proposers, including without limitation those dealing with the disposition of RFP Security. This RFP will remain subject to acceptance for 90 days after the day of RFP opening. Proposer agrees to sign and submit the Agreement with the Bonds and other documents required by the RFP Requirements within ten days after the date of City's Notice of Award. 3. In submitting this Proposal, Proposer represents, as more fully set forth in the Agreement, that: (a) Proposer has examined copies of all the RFP Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: (b) Proposer has familiarized themselves with the nature and extent of the Contract Documents, required goods and/or services, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. (c) Proposer has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. (d) Proposer has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar 51 information or data are or will be required by Bidder for such purposes. (e) Proposer has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. (f) Proposer has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by the City is acceptable to Proposer. (g) This RFP is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham Proposal; Proposer has not solicited or induced any person, firm or corporation to refrain from submitting a proposal. Proposer has not sought by collusion to obtain for itself any advantage over any other Proposer or over the City. 4. Proposer understands that the quantities provided are only provided for bid evaluation only. The actual quantities may be higher or lower than those in the bid form. Proposer shall furnish all labor, materials, equipment, tools superintendence, and services necessary to provide a complete Product. Pricing Schedule, (including but not limited to such pricing elements as option buses, spare parts package, manuals, training, special tools and test equipment). The Proposer is required to complete and execute the City's Pricing Schedule, contained as part of the Proposal documents, and provide same in the Price Proposal. The Contractor shall be liable for payment of all local taxes applicable to the complete bus as delivered and should add these amounts to the Proposal price. COMPANY NAME: CONTACT PERSON: PHONE: E-MAIL ADDRESS: FAX: COMPANY ADDRESS: COMPANY WEBSITE: 52 5. Quoted Costs (BID FORM) RFP#2014-09 Item No. Description QTY UNIT UNIT PRICE TOTAL 5.1 Furnish Operation, Maintenance, 27,800 HRS. $ $ _ Fuel,and Storage of Trolleys on a a yearly basis 5.2 Furnish Operation,Maintenance, 27,800 HRS. $ $ _ and Fueling of Trolleys on a yearly basis 5.3 Furnish Operation,Maintenance 27,800 HRS. $ $ and Storage of Trolleys on a yearly basis 5.4 Furnish Operation of Trolleys 27,800 HRS. $ $ on a yearly basis. Evaluation of RFP shall be based on base bid amount item no. 5.1. All items shall be filled out, no line items shall be left blank or will proposer's bid will be deemed nonresponsive. Bid Bond shall be submitted based on 5%total of item 5.1. Authorized Representative: (type or print) Signature: Title: Date: If hand delivered, please seal your bid and request that the receptionist date and time stamp your submission. 6. Proposer agrees that the work will be completed as scheduled from the date stipulated in the Notice to Proceed. 7. Communications concerning this RFP shall be addressed to: Proposer: 53 Address: Telephone Facsimile Number Attention: 8. The terms used in this RFP which are defined in the General Conditions of the Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. STATEMENT I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. SUBMITTED THIS DAY , 20_. Person Authorized to sign Bid/RFP: (Signature) (Print Name) (Title) Company Name: Company Address: Phone: Fax: email: 54 SECTION 5 - FORMS/ DELIVERABLES THE FOLLOWING MATERIALS ARE CONSIDERED ESSENTIAL AND NON-WAIVABLE FOR ANY RESPONSE TO AN INVITATION TO BID. BIDDERS SHALL SUBMIT THE SUBSEQUENT FORMS IN THE EXACT SEQUENCE PROVIDED,INCLUDING INSERTION OF DOCUMENTS WHERE SPECIFIED. LIST OF ATTACHED FORMS: • Statement of No Response • Solicitation Response Form • Bidder Information Worksheet • Bidder Qualification Statement • Business Entity Affidavit • Americans with Disabilities Act(ADA)(Disability Non-Discrimination Statement) • Non-Collusion Affidavit • Public Entity Crimes(Sworn Statement) • Drug Free Workplace Program • Copeland Act Anti-Kickback Affidavit • Equal Opportunity Certification • Cone of Silence Certification • Tie Bids Certification • Bidders Certification • Certificate of Authority • Bid Bond • Payment Bond • Acknowledgement of Conformance with OSHA Standards 55 STATEMENT OF NO RESPONSE RFP#2014-09 FOR PROPOSERS SUBMITTING TO THIS OPPORTUNITY,YOU MAY WRITE "N/A" ON THIS FORM. If you are not proposing on this service/commodity, please complete and return this form to: City of Doral—City Manager's Office 8401 NW 53`d Terrace, Doral, FL 33166. Failure to respond may result in deletion of your firm's name from the qualified vendor list for the City of Doral. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: We, the undersigned have declined to submit a Bid/Proposal on the above because of the following reasons: Specifications/Scope of Work too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond We do not offer this product, service or an equivalent Our schedule would not permit us to perform Unable to meet bond requirements Specifications unclear(explain below) Other (specify below) REMARKS: 56 Solicitation Response Form PROPOSER MUST ATTACH THIS FORM TO THE EXTERIOR OF THE SEALED PACKET. Name: RFP#2014-09 Title: Maintenance and Operation Services for Doral Trolley Circulator System Due Date: March 18, 2014 at 11:00 AM Delivery Location: City of Doral City Clerk's Office 8401 NW 53rd Terrace, Doral, FL 33166 Submitted by: (name of company and address) PLEASE DO NOT TAPE BELOW THIS LINE For Office Use Only: Date and Time Received: Received by: #of originals:_#of copies: #of CD copies: 57 PROPOSER INFORMATION WORKSHEET RFP#2014-09 COMPANY/AGENCY/FIRM NAME: ADDRESS: BUSINESS EMAIL ADDRESS: PHONE No.: CONTACT PERSON & TITLE: CONTACT EMAIL ADDRESS: PHONE No.: BUSINESS HOURS: BUSINESS LEGAL STATUS: (circle one) CORPORATION / PARTNERSHIP/ JOINT VENTURE/ LLC BUSINESS IS A: (circle one) PARENT / SUBSIDIARY / OTHER DATE BUSINESS WAS ORGANIZED/INCORPORATED: ADDRESS OF OFFICE WHERE WORK IS TO BE DONE FOR THIS PROJECT (if different from address provided above): INDIVIDUALS(S)AUTHORIZED TO MAKE REPRESENTATIONS FOR THE BIDDER: (First, Last Name) (Title) (Contact Phone Number) (First, Last Name) (Title) (Contact Phone Number) (First, Last Name) (Title) (Contact Phone Number) CONTACT'S SIGNATURE: DATE: 58 PROPOSER QUALIFICATION STATEMENT RFP#2014-09 The Bidder's/Proposer's response to this questionnaire will be utilized as part of the City's overall Bid/Proposal Evaluation to ensure that the Bidder/Proposer meets,to the satisfaction of the City of Doral,the minimum requirements for participating in this solicitation. The following minimum experience is required for this project: refer to applicable sections 2.3 of this RFP. ON THE FORM BELOW, BIDDER/PROPOSER MUST PROVIDE DETAILS FULFILLING ABOVE MINIMUM EXPERIENCE REQUIREMENTS. IT IS MANDATORY THAT BIDDERS USE THIS FORM IN ORDER TO INDICATE THAT THE MINIMUM EXPERIENCE REQUIREMENT IS MET. NO EXCEPTIONS WILL BE MADE. 1. Project Name/Location Owner Name Contact Person Contact Telephone No. Email Address: Yearly Budget/Cost Dates of Contract From: To: 2. Project Name/Location Owner Name Contact Person Contact Telephone No. Email Address: Yearly Budget/Cost 59 Dates of Contract From: To: 3. Project Name/Location Owner Name Contact Person Contact Telephone No. Email Address: Yearly Budget/Cost Dates of Contract From: To: END OF SECTION 60 BUSINESS ENTITY AFFIDAVIT (VENDOR/ BIDDER/PROPOSER DISCLOSURE) RFP#2014-09 I, , being first duly sworn state: The full legal name and business address of the person(s) or entity contracting or transacting business with the City of Doral ("City") are (Post Office addresses are not acceptable), as follows: FEDERAL EMPLOYER IDENTIFICATION NUMBER(IF NONE,SOCIAL SECURITY NUMBER) Name of Entity,Individual,Partners,or Corporation Doing business as,if same as above,leave blank STREET ADDRESS SUITE CITY STATE ZIP CODE OWNERSHIP DISCLOSURE AFFIDAVIT 1. If the contact or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows: Full Legal Name Address Ownership % % % 2. The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable, beneficial or otherwise) in the contract or business transaction with the City are (Post Office addresses are not acceptable), as follows: 61 Signature of Affiant Date Printed Name of Affiant Sworn to and subscribed before me this day of , 20 Personally known OR Produced identification Notary Public-State of My commission expires: Type of Identification Printed,typed,or stamped commissioned name of Notary Public 62 AMERICANS WITH DISABILITIES ACT (ADA) DISABILITY NONDISCRIMINATION STATEMENT RFP#2014-09 Title: THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to the City Of Doral, Florida by: (print individual's name and title) for: (print name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Number(FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: - - I, being duly first sworn state: That the above named firm, corporation or organization is in compliance with and agreed to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501 553.513, Florida Statutes: The Rehabilitation Act of 1973, 229 USC Section 794; The Federal Transit Act, as amended 49 USC Section 1612; The Fair Housing Act as amended 42 USC Section 3601-3631. 63 SIGNATURE Sworn to and subscribed before me this day of , 20 Personally known OR Produced Identification Notary Public- State of My commission expires: Printed,typed, or stamped commissioned name of Notary Public 64 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES,ON PUBLIC ENTITY CRIMES RFP#2014-09 THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by for whose business address is and (if applicable) its Federal Employer Identification number (FEIN) is (IF the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: 1.A predecessor or successor of a person convicted of a public entity crime; or 2.Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees,members, and agents who are active in management of any entity. 67 6. Based on information and belief,the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: (Printed Name) (Title) Sworn to and subscribed before me this day of ,20_ Personally known Or Produced Identification Notary Public-State of My Commission Expires (Type of Identification) (Printed,typed,or stamped commission name of notary public) 68 NON-COLLUSION AFFIDAVIT RFP#2014-09 State of SS County of being first duly sworn, deposes and says that: (1) He/She/They is/are the (Owner, Partner,Officer, Representative or Agent)of the BIDDER/PROPOSER that has submitted the attached RFP; (2) He/She/They is/are fully informed respecting the preparation and contents of the attached RFP and of all pertinent circumstances respecting such RFP; (3) Such Bid/Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said PROPOSER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other PROPOSER, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached RFP has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any PROPOSER, firm, or person to fix any overhead, profit, or cost elements of the RFP or of any other PROPOSER, or to fix any overhead, profit, or cost elements of the RFP Price or the RFP Price of any other PROPOSER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached RFP are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the PROPOSER or any other of its agents, representatives,owners,employees or parties in interest, including this affiant. Signed,sealed and delivered in the presence of: By: (Printed Name) 65 (Title) ACKNOWLEDGMENT State of Florida County of On this the day of ,20_, before me,the undersigned Notary Public of The State of Florida,personally appeared and (Name(s)of individual(s)who appeared before notary)whose name(s)is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC,STATE OF FLORIDA NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public:Print,Stamp,or Type as Commissioned.) ❑ Personally known to me,or ❑ Personally identification: (Type of Identification Produced) ❑DID take an oath, or ❑ DID NOT take an oath. OPTIONAL INFORMATION: Type Of Document: Number of Pages: Number of Signatures Notarized: 66 DRUG-FREE WORKPLACE PROGRAM RFP#2014-09 IDENTICAL TIE PROPOSALS — Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a proposals received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to a have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform Employees about the dangers of drug abuse in the workplace, the business' policy of maintaining drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a conditions of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make good faith effort to continue to maintain a drug-free workplace through implementation of this section. 69 As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. VENDOR'S SIGNATURE NAME OF COMPANY VENDOR PRINT NAME 70 COPELAND ACT ANTI-KICKBACK AFFIDAVIT ITB#2014-09 STATE OF } } SS: COUNTY OF } I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein proposed will be paid to any employees of the City of Doral, its elected officials, and or its design consultants, as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Title: Sworn and subscribed before this day of ,20_ Notary Public (Printed Name) My commission expires: 71 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION RFP#2014-09 I, , (Individual's Name) (Title) of the , do hereby certify that (Name of Company) I have read and understand the Compliance with Equal Employment Opportunity requirements set forth under sub-section 2.30.3 of this document. Attachment of this executed form, as such, is required to complete a valid bid. Individual's Signature DATE 72 CONE OF SILENCE CERTIFICATION RFP#2014-09 I, , (Individual's Name) (Title) of the , do hereby certify that (Name of Company) I have read and understand the terms set forth under section 1.11 of this document titled 'Cone of Silence'. Attachment of this executed form, as such, is required to complete a valid bid. Individual's Signature Date 73 TIE BIDS CERTIFICATION RFP#2014-09 I, , (Individual's Name) (Title) of the , do hereby certify that (Name of Company) I have read and understand the requirements/procedures for Tie Proposals set forth under sub- section 2.30.5 of this document. Attachment of this executed form, as such, is required to complete a valid proposal. Individual's Signature Date 74 PROPOSER'S CERTIFICATION RFP#2014-09 I have carefully examined the Request for Proposal, Instructions to Bidders, General and/or Special Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made a part of this Invitation to Bid. I hereby propose to furnish the goods or services specified in the Request for Proposal. I agree that my Proposal will remain firm for a period of 365 days in order to allow the City adequate time to evaluate the Proposals. I certify that all information contained in this Proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready,willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a Proposal for the same product or service; no officer,employee or agent of the City of Doral or any other Proposer is interested in said RFP;and that the undersigned executed this Proposers Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid/proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposal on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Name of Business By: Sworn to and subscribed before me this day of ,20_ Signature Name and Title,Typed or Printed Mailing Address Notary Public STATE OF City,State and Zip Code Telephone Number My Commission Expires 75 CERTIFICATE OF AUTHORITY (IF CORPORATION) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the a Corporation existing under the laws of the State of , held on ,20 ,the following resolution was duly passed and adopted: "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Proposal dated, , 20 , to the City of Doral and this Corporation and that their execution thereof, attested by the Secretary of the Corporation,and with the Corporate Seal affixed,shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of the Corporation this day of , 20 . Secretary: (SEAL) 76 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a Corporation existing under the laws of the State of , held on ,20 the following resolution was duly passed and adopted: "RESOLVED, that, , as of the Partnership, be and is hereby authorized to execute the Proposal dated, 20 , to the City of Doral and this partnership and that their execution thereof,attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this ,day of ,20 . Secretary: (SEAL) 77 CERTIFICATE OF AUTHORITY IF JOINT VENTURE STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the a corporation existing under the laws of the State of , held on , 20 ,the following resolution was duly passed and adopted: "RESOLVED,that, as of the Joint Venture be and is hereby authorized to execute the Proposal dated, 20 to the City of Doral official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this ,day of , 20 . Secretary: (SEAL) END OF SECTION 78 BID BOND STATE OF FLORIDA) COUNTY OF MIAMI-DADE) KNOW ALL MEN BY THESE PRESENTS,that we, ,as Principal,and , as Surety, are held and firmly bound unto the City of Doral, a municipal corporation of the State of Florida in the sum of Dollars($ ),lawful money of the United States,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated, 20_ for: RFP #2014-09 Maintenance and Operation Services for Doral Trolley System Circulator WHEREAS,it was a condition precedent to the submission of said Bid that a Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER would, if awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters into a written Contract with the City of Doral and furnishes the Performance and Payment Bonds, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Doral and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America,as liquidated damages for failure thereof of said Principal. 79 IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 20_,the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: (SEAL) (Individual or Partnership Principal) (Business Address) (City/State/Zip) (Business Phone) ATTEST: Secretary (Corporate Surety)* By: *Impress Corporate Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended)and be authorized to transact business in the State of Florida. Signed,sealed and delivered in the presence of: 80 By: (Printed Name) (Title) ACKNOWLEDGMENT State of Florida County of On this the day of ,20_, before me,the undersigned Notary Public of the State of Florida,personally appeared and (Name(s)of individual(s)who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC,STATE OF FLORIDA NOTARY PUBLIC: SEAL OF OFFICE: 81 (Name of Notary Public:Print,Stamp,or Type as Commissioned.) ❑ Personally known to me,or ❑ Personally identification: (Type of Identification Produced) ❑DID take an oath, or ❑DID NOT take an oath. OPTIONAL INFORMATION: Type Of Document: Number of Pages: Number of Signatures Notarized: END OF SECTION 82 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That,pursuant to the requirements of Florida Statute 255.05,we, , as Principal, hereinafter called Contractor,and , as Surety, are bound to the City of Doral, Florida, as Obligee,hereinafter called City,in the amount of Dollars ($ )for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, RFP#2014-09 , awarded the day of , 20_,with City for: Maintenance and Operation Services for Doral Trolley Circulator System, in accordance with drawings(plans)and specifications which Contract is by reference made a part hereof,and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: 1. Fully performs the Contract between the Contractor and the City for , as scheduled after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract;and bid specifications. 2. Indemnifies and pays City all losses, damages(specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings,that City sustains because of default by Contractor under the Contract;and 3. Upon notification by the City, corrects any and all defective or faulty Work or materials which appear within ONE(1)YEAR. 4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract,then this Bond is void,otherwise it remains in full force. 83 Whenever Contractor shall be, and declared by City to be, in default under the Contract,the City having performed City's obligations thereunder,the Surety may promptly remedy the default,or shall promptly: 4.1 Complete the Contract in accordance with its terms and conditions;or 4.2 Obtain a Proposal or Proposals for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive PROPOSER, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, qualified, responsible and responsive PROPOSER, arrange for a Contract between such PROPOSER and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this Bond to or for the use of any person or Corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of ,20_. WITNESSES: (Name of Corporation) 84 By: Secretary (Signature and Title) (CORPORATE SEAL) (Type Name&Title signed above) IN THE PRESENCE OF: INSURANCE COMPANY: By: *(Agent and Attorney-in-Fact) Address: (Street) Telephone No.: ( 1 85 * (Power of Attorney must be attached) State of County of On this,the day of ,20_, before me,the undersigned Notary Public of the State of ,the foregoing instrument was acknowledged by (name of Corporate officer), (title),of (name of Corporation),a (state of corporation)corporation,on behalf of the corporation. WITNESS my hand and official seal Printed, typed or stamped name of Notary Public exactly as commissioned • Personally known to me, or • Produced identification: 86 • Did take an oath, or • Did not take an oath Bonded by: 87 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05,we, , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Doral, Florida,as Obligee,hereinafter called City,in the amount of Dollars($ for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, RFP#2014-09, awarded the day of , 20_, with the City for: Maintenance and Operation Services for the Doral Trolley Circulator System, in accordance with specifications prepared by the City of Doral which Contract is by reference made a part hereof,and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: 1. Indemnifies and pays City all losses, damages(specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings,that City sustains because of default by Contractor under the Contract;and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) supplying Contractor with all labor, materials and supplies used directly or indirectly by Contractor in the prosecution of the Work provided for in the Contract,then this obligation shall be void;otherwise,it shall remain in full force and effect subject,however,to the following conditions: 2.1 A claimant, except a laborer,who is not in privity with the Contractor and who has not received payment for their labor, materials, or supplies shall, within forty-five(45) days after beginning to furnish labor, materials,or supplies for the prosecution of the Work,furnish to the Contractor a 88 notice that they intend to look to the Bond for protection. 2.2 A claimant who is not in privity with the Contractor and who has not received payment for their labor, materials, or supplies shall, within ninety(90) days after performance of the labor, or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. 2.3 No action for the labor, materials,or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding paragraphs 2.1 and 2.2 have been given. 2.4 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2),Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of ,20_. WITNESS: By: (Signature and Title) (CORPORATE SEAL) (Type Name and Title signed above) WITNESS: (Name of Corporation) 89 Secretary By: (Type Name and Title signed above) IN THE PRESENCE OF; INSURANCE COMPANY: By: *Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: ( ) * (Power of Attorney must be attached) State of County of On this,the day of , 20_, before me,the undersigned Notary Public of the State of ,the foregoing instrument was acknowledged by (name of corporate officer), (title),of (name of Corporation),a (state of corporation)corporation,on behalf of the corporation. 90 WITNESS my hand and official seal Notary Public,State of Printed, typed or stamped name of Notary Public exactly as commissioned • Personally known to me, or • Produced identification: (type of identification produced) • Did take a oath, or • Did not take an oa th 91 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond;that ,who signed the Bond on behalf of the Principal, was then of said corporation;that I know his/her their signature;and his/her their signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (CORPORATE SEAL) (Name of Corporation) 92 ACKNOWLEDGMENT OF CONFORMANCE WITH OSHA STANDARDS To the City of Doral, We , hereby acknowledge and Prime Contractor agree that we, as the Prime Contractor for City of Doral, Maintenance and Operation Services for Doral Trolley Circulator System,RFP#2014-09,as specified, have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of Doral,against any and all liability,claims,damages losses and expenses they may incur due to the failure of: (Subcontractor's Names) to comply with such act or regulation. CONTRACTOR BY: ATTEST END OF SECTION 93 EXHIBIT"A" OPERATION & PERFORMANCE STANDARDS AND SPECIFICATIONS 1. Make: Supreme Classic American, Hometown or Approved Equal 2. Vehicle Type:Trolley with Wood Bench Style Seating or Approved Equal 3. Number of Vehicles Required to Operate: Min. Requirement of eight (8) vehicles in service with (2) backup vehicles 4. Capacity: Minimum of 25 passengers 5. Power/Fuel type: Bio-Diesel, Gasoline or Similar Approved Engine 6. Accessibility: Must meet ADA requirements for public transit vehicles 7. Reliability Standards:Any short-term vehicle provided by this Successful Proposer must not be more than five (5)years old when placed in service. New trolleys provided by the City must be maintained in excellent condition and remain in service for a minimum of ten (10) years. No more than 10 minutes late to first stop at the commencement of a scheduled route 8. On-board amenities:Vehicles provided by the Successful Proposer must have properly functioning air conditioning at all times while in service that maintain 75 degree ambient temperature. Driver seatbelts must be provided. 9. Sign requirements:The City requires availability of electric interior stop alert message board and electric destination signage 10. Radio and Communication Equipment:Two-way radios, GPS Devices On-Board All Vehicles 11. Frequency of Headways(trips): 30—60 minute intervals 12. Total Platform Hours per Weekday:Approx. 67 hours (5 vehicles running in service) 13. Total Platform Hours per Saturday:Approx. 24 hours (2 vehicles running in service) 94 14. Number of Routes: 3 with additional optional routes. 15. Service Delivery. The success of the Circulator Service is dependent upon the reliability and safety of the Service. The Successful Proposer shall operate the Service to achieve the following minimum Service standards: a) Headway coordination shall be accomplished to maintain at least thirty(30) minutes and no more than forty(40) minutes between vehicles during the peak period and no more than sixty (60) minutes between Vehicles in the off peak period; and adherence to scheduled times. b) Moving traffic violations received by any Successful Proposer Employee in conduct of the Service must be reported immediately(no later than the same day as the incident)to the City contract administrator or designee's name provided to the Successful Proposer. Upon the City's request,the Successful Proposer shall remove the Successful Proposer Employee receiving a moving violation from assignment to this Contract. c) No scheduled stops shall be skipped unless authorized by City, as a result of roadway detours or emergencies. 16. Climate Control. The Successful Proposer shall maintain in operating order heating and air-conditioning systems on all Vehicles to the following standards: a) Air-Conditioning/Heating System fully operational. b) No Vehicle shall be operated without a properly functioning air-conditioning or heating system. 17. Vehicle Condition. The Successful Proposer shall maintain the Vehicles at all times in safe working order and in a clean and presentable manner: a) All vehicles provided by the Successful Proposer must maintain exteriors uniform to the City of Doral standard color schemes. b) Successful Proposer shall remove all graffiti from the exterior and interior of the vehicles immediately or as soon as it is practical, but no later than the start of the next day's service. If the graffiti is offensive or vulgar and cannot be removed,that vehicle shall be taken out of service immediately. 95 c) All vehicles must be in excellent operating condition at all times. Minor body damage repairs, identified by the City as necessary shall be repaired as soon as possible, but not to exceed two (2)weeks, after notification to Successful Proposer,subject to the availability of OEM parts when needed. d) Major body damage shall be repaired before returning the Vehicle to Service, not to exceed five (5) weeks out of Service,subject to the availability of OEM parts when needed. e) Vehicles while in Service shall be kept free of trash and debris at all times. f) Vehicle maintenance shall be performed to achieve the following standards: • All legally required safety-related equipment shall be in working order at all times on the Vehicles that are performing Service. • Vehicles shall pass inspection, if and when applicable. • All maintenance records shall be complete and accurate, posted to permanent records within one (1)week, and contain no falsification of timeliness or description of repairs conducted. • All mechanical/hydraulic Americans with Disabilities Act (ADA) lifts must be maintained in perfect operating condition at all times. 18. Customer Service/Hospitality. Operators will welcome passengers, be courteous, consistently demonstrate positive,friendly approach, and respond to questions and concerns to the best of their ability. Operators must notify passengers of upcoming stops and make an announcement at each stop. Performance will be monitored by the City through customer surveys, communication with supervisors, and individual spot-checks. 19. Public Comments/Complaints. It shall be an objective of the Successful Proposer to limit bona fide complaints from the public, concerning the Successful Proposer's performance of services to five (5) per one hundred (100) passengers per month. Complaints received by the City will be forwarded to the Successful Proposer for handling. The Successful Proposer will research the complaint and respond to the City in writing within seventy-two (72) hours of 96 receipt of the complaint. The Successful Proposer will provide a step-by-step disciplinary procedure in the Operator's Handbook to handle complaints about service provided by the Operators. 20. Operator Uniforms. At all times while performing their duties, vehicle operators, supervisors, and trainers must maintain a clean and neat appearance, and must be in the approved uniform inspected by the Successful Proposer. Every employee must also adhere to a code of personal grooming and hygiene established by the Successful Proposer. 21. Drug and Alcohol Policy.The Successful Proposer must have a drug and alcohol policy in place that meets all federal, state and local policy requirements. Determination of Non-Performance 1. Notice to Successful Proposer. Upon determination by the City of a failure to meet an established performance measure, a written notification will be delivered to the Successful Proposer. Liquidated damages will not be applied without the Successful Proposer receiving a written notice specifying the issue and detailing the time and nature of the occurrence. 2. Adjustments. In the event that the Successful Proposer fails to meet any performance standard established under this Contract, and fails to take satisfactory corrective action(s) within the time limits established under this Contract, adjustments in the City payments to the Successful Proposer will be made as described below: The Successful Proposer and the City agree to the following schedule of liquidated damages for specific items of non-performance as specified below because actual damages are difficult to ascertain. Therefore,the amounts are established as liquidated damages,and not as a forfeiture or penalty,for the Successful Proposer's failure to comply with the specified terms and provisions. With prior notice to the Successful Proposer,the City reserves the right to change the amount of liquidated damages imposed for specific items of nonperformance and reserves the right to add or delete specific items of non-performance. a) Service Delivery. Failure to achieve the performance standards, arriving more than 10 minutes late to the first stop at the commencement of the scheduled route: $100 per event 97 b) Skipped Stops: $50 per stop c) Climate Control. Failure to achieve the performance standards described: $100 per day per Vehicle d) Vehicle Condition. Failure to achieve the following performance standards per occurrence: Graffiti $25 per event Minor Body Damage $25 per event Major Body Damage $100 per event Safety Equipment $25 per event Vehicle Inspection (if applicable) $50 per event Vehicle Maintenance $25 per event Trash & Debris $25 per event e) Reporting Requirements. Failure to submit clear and accurate reports as specified herein: Accident/Incident $25 per event f) Uniforms. Failure to achieve this performance standard: Doral Shirt Uniforms $25 per event g) Customer complaints. Failure to achieve the performance standards: h) Service interruption. $100 per hr. per vehicle i) No service provided for full route. $2000 per day per vehicle 98 EXHIBIT B INSURANCE REQUIREMENTS MAINTENANCE & OPERATION FOR TROLLEY CIRCULATOR SYSTEM I. Commercial General Liability A. Limits of Liability Bodily Injury & Property Damage Liability Each Occurrence $1,000,000 Policy Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Products & Completed Operations $1,000,000 B. Endorsements Required City of Doral listed as an additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Combined Single Limit Any Auto/Owned Autos or Scheduled Autos Including hired and Non Owned Autos Any One Accident $1,000,000 B. Endorsements Required City of Doral listed as an additional insured 99 III. Workers Compensation Statutory- State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella/Excess Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $5,000,000 Policy Aggregate $5,000,000 B. Endorsements Required City of Doral listed as an additional insured V. Crime Coverage $100,000 A. Endorsements Required City of Doral listed as Loss Payee VI. Auto Physical Damage A. Comprehensive/Collision Deductible $5,000 B. Endorsements Required City of Doral listed as loss payee 100 The above policies shall provide the City of Doral with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida with the following qualifications shall issue all insurance policies required above: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best Insurance Guide published by A.M. best Company, or its equivalent. All policies or certificates of insurance are subject to review and verification by Risk Management. 101 EXHIBITC DORAL TROLLEY MAP ■ ®' al 1 - y /• :, III 1,a � ' , d I� !• r a ��1 a � s of a :7,_,'I s i __ — _Ve _ - -__, '{ ! u f - - q C+ ® _ @0. V ___., Ink SR/36/Dolphins bpoismay. rfa Lod) Lind o o s.Route one t Transfer between Route One/Route Two /�--'\ ''RouteTwo Transfer between RouteOne/RouteThree f '' 10 ———Route Three Transfer between RouteTwo f Route Three k. '7" qT#-- r Water — Metrorall,_ . City Boundary ry �''� / . .__ _ .__ 102 EXHIBIT D CONTRACT AGREEMENT SECTION 1—PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes- "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Service, may not submit bids on leases of real property to a public entity, may not be awarded to perform Service as a Contractor,supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". CONFLICTS OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDER's must disclose with their Bids,the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Doral or its' agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by for whose business address is 103 and (if applicable) its Federal Employer Identification number(FEIN) is (IF the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: . 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust,fraud,theft, bribery, collusion, racketeering,conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime,with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: 4.1. A predecessor or successor of a person convicted of a public entity crime; or 4.2. Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement,shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 104 5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners,shareholders, employees, members, and agents who are active in management of any entity. 6. Based on information and belief,the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement,or one or more of its officers, directors, executives, partners,shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement,or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However,there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO 105 ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: (Printed Name) (Title) Sworn to and subscribed before me this day of , 2014 Personally known Or Produced Identification Notary Public- State of My Commission Expires (Type of Identification) (Printed,typed, or stamped commission name of notary public) SECTION 2—ACKNOWLEDGMENT OF CONFORMANCE WITH OSHA STANDARDS To the City of Doral We (Prime Contractor) , hereby acknowledge and agree that we, as the Prime Contractor for City of Doral, Maintenance and Operation Services for Doral Trolley Circulator System RFP#2014-09, as specified, have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of Doral, against any and all liability, claims, damages losses and expenses they may incur due to the failure of: 106 (Subcontractor's Names) to comply with such act or regulation. CONTRACTOR ATTEST BY 107 SECTION 3—NOTICE OF AWARD TO: PROJECT DESCRIPTION:City of Doral Maintenance and Operation Services for Doral Trolley Circulator System, RFP#2014-09 in accordance with Contract Documents as prepared by the City and The CITY has considered the Bid submitted by you for the above described SERVICES in response to its Advertisement for Bid and Instruction to BIDDERS. You are hereby notified that your Bid has been accepted for the City of Doral Maintenance and Operation Services for Doral Trolley Circulator System, RFP#2014-09. You are required by the Instruction to BIDDER's to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond, Payment Bond, Fidelity Bond and Certificates of Insurance within ten (10)days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and Insurance within ten (10) days from the date of this Notice, said CITY will be entitled to disqualify the Bid, revoke the award and retain the Bid Security. BY: NAME:Joe Carollo TITLE: CITY MANAGER Dated this day of , 2014. 108 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this the day of , 2014 BY: NAME: TITLE: You are required to return an acknowledged copy of this Notice of Award to the CITY. 109 SECTION 4—AGREEMENT THIS AGREEMENT, made and entered into on this day of . 2014, by and between Party of the First Part, and The City of Doral, Party of the Second Part: WITNESETH: That, the First Party,for the consideration hereinafter fully set out, hereby agrees with the Second Party as follows: 1. That the First Party shall furnish all the materials, and perform all of the Service in manner and form as provided by the following enumerated Specifications and Documents, which are attached hereto and made a part hereof, as if fully contained here in RFP#2014-09 and Contractors bid submittal. 2. That the First Party shall commence the Services to be performed under this Agreement on a date to be specified in a written order of the Second Party and shall carry out and complete all Services hereunder within the length of time stipulated in the Order. 3. That the Second Party hereby agrees to pay to the First Party for the faithful performance of this Agreement,subject to additions and deductions as provided in the Bid Form, in lawful money of the United States, at per hour ($ /hr)for an amount not to exceed $ + 10%contingency per year(approximately $ per year)for 5 years which is approximately$ for maintenance and operation of the Doral Transit System. 4. That the Second Party shall make monthly payments to the First Party on the basis of a duly certified and approved estimate of Service performed during each calendar month by the First Party. 110 5. That upon submission by the First Party of evidence satisfactory to the Second Party that all maintenance, operations, and other costs incurred by the First Party in connection with the provision of the Services have been successfully carried out, payment to First Party of this Agreement shall be made within 15 days after the completion by the First Party of all Services covered by this Agreement and the acceptance of such Services by the Second Party for the payment period. 6. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment,the Second Party shall deem the Surety or Sureties upon such bond to be unsatisfactory, or if,for any reason such bond ceases to be adequate to cover the performance of the Services,the First Party shall, at its expense within 5 days after the receipt of notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Second Party. In such event, no further payment to the First Party shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the Services shall be furnished in manner and form satisfactory to the Second Party. 7. No additional Services or extras shall be done unless the same shall be duly authorized by appropriate action (in writing) by the Party of the Second Part. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. WITNESSES: CONTRACTOR: BY: NAME: or Corporate Seal TITLE: OWNER: City of Doral: 111 BY: NAME:Joe Carollo TITLE: City Manager AUTHENTICATION: BY: NAME:Barbara Herrera TITLE: CITY CLERK APPROVED AS TO FORM: BY: NAME:John Herin TITLE: CITY ATTORNEY 112 SECTION 5—NOTICE TO PROCEED TO: DATE: PROJECT DESCRIPTION: Maintenance and Operation Services for Doral Trolley for Doral Trolley Circulator System, in accordance with Contract Documents as prepared by The City of Doral. You are hereby notified to commence the attached Scope of Services in accordance with the Agreement dated , on or before . This service is to be rendered for an initial term of five (5)years with both parties being in total and full agreement or the contractor shall be subject to the general provisions and liquidated damages clause of the Agreement. The cost to perform the attached Scope of Service shall not exceed $ for five (5) years of operations and maintenance services. City of Doral BY: NAME:Joe Carollo TITLE: CITY MANAGER ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by 113 day of , 2014. BY: NAME: TITLE: 114 SECTION 6—SUPPLEMENTAL GENERAL CONDITIONS ARTICLE I—DEFINITION Wherever used in these General Conditions or in the other Contract Documents,the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Acceptance: By the CITY of the Services as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement:The written Agreement between the CITY and the CONTRACTOR covering the Services to be performed,which includes the Contract Documents. Approved: Means services considered right or good and consented formally or officially by the CITY. Bonds: Bid, performance and payment bonds and other instruments of security,furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the CONTRACTOR signed by the CITY authorizing an addition, deletion or revision in the Service, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. CITY: City of Doral, 8401 NW 53rd Terrace Doral, Florida 33166. Contract Documents: Contract Documents shall include RFP#2014-09 by City, CONTRACTOR'S Bid, the Bonds,the Notice of Award,these General Conditions, Notice to Proceed, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Doral. Contract Price:The total moneys payable to the CONTRACTOR under the Contract Documents. 115 Contract Time:The number of calendar days stated in the Agreement for the completion of the Service. Contracting Officer:The individual who is authorized to sign the contract documents on behalf of the CITY'S Governing body. CONTRACTOR:The person,firm or corporation with whom the CITY has executed the Agreement. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Field Order:A written order issued by the CITY which clarifies or interprets the Contract Document. Modification: Shall constitute: (a) A written amendment of the Contract Documents signed by both parties, (b) A Change Order, (c) A written clarification or interpretation if issued by the CITY, or (d) A written order for minor change or alteration in the Service issued by the CITY. A modification may only be issued after execution of the Agreement. Notice of Award:The written notice by CITY to the apparent successful BIDDER stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, CITY will execute and deliver the Agreement to him. Notice to Proceed:A written notice given by CITY to CONTRACTOR fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform their obligations under the Contract Documents. Project:The entire Project to be performed as provided in the Contract Documents. Maintenance and Operations Observer:An authorized representative of the CITY assigned to observe the Services performed and materials furnished by the CONTRACTOR or such other 116 person as may be appointed by the CITY as his representative.The CONTRACTOR shall be notified in writing of the identity of this representative. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Service will be judged. Subcontractor:An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Service at the site. Supplier: Any person or organization who supplies materials or equipment for the Services, including that fabricated to a special design, but who does not perform labor at the site. Surety:The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Services. Service:Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval's required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY. ARTICLE 2—PRELIMINARY MATTERS Execution of Agreement 2.1 At least three (3) counterparts of the Agreement,the Performance and Payment Bond,the Certificates of Insurance and such other Documents as required by the Contract Documents 117 shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. Forfeiture of Bid Security/Performance and Payment Bond 2.2 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the Service covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractors employed pursuant to this Project. Each Bond shall be with a Surety company meeting the qualifications described herein. 2.3 Each Bond shall continue in effect for one and one half(1%)years after final completion and acceptance of the Service with the liability equal to one hundred percent(100%) of the Contract Sum. The Performance Bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty Service or materials which appear within one and one half(1 %) years after final completion of the Contract. 2.4 Pursuant to the requirements of Section 255.05(1), Florida Statutes the CONTRACTOR shall ensure that the Bond(s) referenced above shall be recorded in the public records of Dade County and Provide CITY with evidence of such recording. 2.5 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5)years. 2.6 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current Revisions. 2.7 Failure of the successful BIDDER to execute and deliver the Agreement and deliver the required bonds and Insurance Certificates as stipulated herein shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Representation 118 2.8 CONTRACTOR represents that they have familiarized themselves with, and assumes full responsibility for having familiarized themselves with the nature and extent of the Contract Documents, Service, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect performance of the Service, and represents that they have correlated their study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that they have studied all surveys and investigations reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as they deem necessary for the performance of the Service in the Contract Documents and that they have correlated the results of all such data with the requirements of the Contract Documents. Additional monies will not be paid, over and above the CONTRACT amount, in the event rock is encountered. Commencement of Contract Time 2.9 The Contract Time will commence to run on the date the Agreement is executed and continue to run consecutively for the period of FIVE (5) YEARS with the potential for (2) additional one-year extensions. No extension of time will be given unless stated in writing. Starting the Project 2.10 CONTRACTOR shall start to perform their obligations under the Contract Documents on the date stipulated in the Notice to Proceed (NTP). No Service shall be done at the site prior to the date on which the NTP commences to run, except with the written consent of the CITY. No service will be done on Saturday,Sunday or Holiday's without written consent of the CITY or after the end of the normal business day unless prior approval is given by the City in writing. Before Starting Contract 2.11 Before undertaking each part of the Services, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements which shall be approximate. The Contractor shall field verify utility locations and notify the City of any conflicts so that the conflict is avoided prior to the beginning of construction. Any modifications to the proposed service, once construction has begun, will be at no cost to the City. Schedule of Completion 119 2.12 Within ten (10) days after delivery of the Notice to Proceed,the CONTRACTOR will submit to the CITY, a Schedule defining hours and/or days required to complete each section of service as outlined. 2.13 Within ten (10) days after delivery of the executed Agreement by CITY to CONTRACTOR, but before starting the Service, a pre-service conference will be held to review the above schedules, and provide procedures for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the CITY representative,and the CONTRACTOR. Liquidated damages 2.14 Upon failure of CONTRACTOR to carryout the Service within the time specified for operations, (plus approved extensions if any) CONTRACTOR shall pay to the CITY the sum as specified in EXHIBIT A of RFP#2014-09,as fixed and agreed liquidated damages and not as a penalty. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the CITY as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. Regardless of whether or not a single Contact is involved,the above-stated liquidated damages shall apply separately to each portion of the Service for which a time of completion is given. The CITY shall have the right to deduct from and retain out of moneys which may be then due or which may become due and payable to CONTRACTOR,the amount of such liquidated damages,the CONTRACTOR shall pay in full such liquidated damages. ARTICLE 3—CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Supplemental General Provisions to describe a complete Project to be carried out in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between the CITY and the CONTRACTOR. They may be altered only by a Modification. 3.2 The Contract Documents are complementary;what is called for by one is as binding as if called for by all. If CONTRACTOR finds a conflict,error or discrepancy in the Contract 120 Documents,they shall call it to the City's attention in writing at once and before proceeding with the Service affected thereby; however,they shall not be liable to CITY for their failure to discover any conflict, error or discrepancy in the Contract Documents. The various Contract Documents shall be given precedence in case of conflict, error or discrepancy, as follows: Change Orders,Supplemental General Conditions, Agreement Modifications,Addenda,Special Conditions, Instructions to BIDDERS, and General Conditions. If the requirements of other Contract Documents are more stringent than those of the Supplemental General Conditions, the more stringent requirements shall apply. 3.3 The Services of all trades under this Contract shall be coordinated by the CONTRACTOR in such manner as to obtain the best service possible for the entire Project, and all components of the Services shall be installed or erected in accordance with the best practices of the particular trade. ARTICLE 4—DORAL TRANSIT SYSTEM ROUTES AND SCHEDULES Operation Routes 4.1 The CITY will plan, as indicated in the Contract Documents,the routes upon which the Service is to be carried out and such other routes which are designed for the use of the CONTRACTOR. Modifications for fixed schedules or routes or permanent changes to fixed schedules or routes will be planned and issued to the Contractor by the CITY unless otherwise specified in the Contract Documents. ARTICLE 5—INSURANCE Contractor's Liability Insurance 5.1 CONTRACTOR shall provide and maintain in force until all the Services to be performed under this Contract has been completed and accepted by City(or for such duration as is otherwise specified hereinafter),the insurance coverage set forth: 5.2 Before starting the Service,the CONTRACTOR will file with the CITY certificates of such insurance, acceptable to the CITY;these certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty(30) 121 days prior written notice has been given to the CITY by certified mail. The CITY shall be named as an additional insured on the above-referenced policies. 5.3 The CONTRACTOR agrees that if any part of the Services under the Contract is sublet, they will require the Subcontractor(s) to carry insurance as required, and that they will require the Subcontractor(s)to furnish to them insurance certificates similar to those required by the CITY in 5.1 above. Cancellation and Re-Insurance 5.4 If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract,the CONTRACTOR shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. 5.5 All deductibles must be declared by the CONTRACTOR and must be approved by the CITY. At the option of the CITY, either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall procure a Bond, in a form satisfactory to the CITY, covering the same. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Concerning Subcontractors 6.1 The CONTRACTOR will not employ any Subcontractor, against whom the CITY may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY, unless the CITY determines that there is good cause for doing so. 6.2 The CONTRACTOR shall be fully responsible for all acts and omissions of their Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between CITY and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY to pay or to see to payment of any persons due any Subcontractor or other person or organization, except as may otherwise be required by 122 law. CITY may furnish to any Subcontractor or other person or organization,to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specified Service done in accordance with the schedule values. 6.3 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Service among Subcontractors or delineating the Service performed by any specific trade. 6.4 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.5 All Service performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.6 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors and material and men engaged upon their Service. 6.6.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Service to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Service of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.6.2 The CITY will not undertake to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.6.3 If in the opinion of the CITY, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR if and when directed by the CITY in writing. Laws and Regulations 6.7 The CONTRACTOR will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Service. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith,they will give the CITY prompt written notice thereof, and 123 any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Service knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CITY, they will bear all costs arising wherefrom; however, it shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Taxes 6.8 Cost of all applicable sales consumers, use, and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety and Protection 6.9 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs. They will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to: 6.9.1 All employees and other persons, whom may be affected thereby, 6.9.2 All the Services and all materials or equipment to be incorporated therein,whether in storage on or off the service area, and 6.9.3 Other property at the service area or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.10 The CONTRACTOR will designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. Emergencies 6.11 In emergencies affecting the safety of persons or the Service or property at the site or adjacent thereto,the CONTRACTOR, without special instruction or authorization from the CITY, is obligated to act, at their discretion,to prevent threatened damage, injury or loss. They will 124 give the CITY prompt written notice of any significant changes in the Service or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Service done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time,they may make a claim therefore as provided in articles 11 and 12. 6.12 The CONTRACTOR will also submit to the CITY for review,with such promptness as to cause no delay in Service, all samples and photographs required by the Contract Documents.All samples and photographs will have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.13 At the time of each submission the CONTRACTOR will in writing call the CITY'S attention to any deviations that the Photographs or sample may have from the requirements of the Contract Documents. 6.14 The CITY will review with responsible promptness Photographs and Samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents.The CONTRACTOR will make any corrections required by the CITY and will return the required number of corrected copies of Photographs and resubmit new samples until the review is satisfactory to the CITY. 6.15 No Service requiring a Photograph or sample submission shall be commenced until the submission has been reviewed by the CITY. A copy of each Photograph and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CITY. 6.16 The CITY'S review of Photographs or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the CITY'S attention to each deviation at the time of submission and the CITY has given written approval to the specific deviation, nor shall any review by the CITY relieve the CONTRACTOR from responsibility for supplying the plant material as specified Public Convenience and Safety 125 6.17 The CONTRACTOR shall, at all times, conduct the Service in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Service shall be provided for in a satisfactory manner, consistent with the operation and local conditions. Indemnification 6.18 In consideration of the separate sum of twenty-five dollars ($25.00)and other valuable consideration,the CONTRACTOR shall indemnify and save harmless the CITY, its officers, agents and employees,from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the construction of this Project, or by or in consequence of any negligence (excluding negligence of CITY, in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said CONTRACTOR or his Subcontractor, agents, servants or employees. The CONTRACTOR will indemnify and hold harmless the CITY and their agents or employees from and against all claims, damages, losses and expenses including attorneys'fees arising out of or resulting from the performance of the Service, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property(other than Service itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the CONTRACTOR,Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 768.28, 725.06(2), F.S. is applicable to this Service,then in lieu of the above provisions of this section 6.18 the parties agree that CONTRACTOR shall indemnify and hold harmless CITY, their officers and employees,to the fullest extent authorized by Sec. 768.28, 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. 6.19 In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or 126 proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against CITY, excluding only those which allege that the injuries arose out of the sole negligence of CITY, which may result from the operations and activities under this Contract whether the construction operations be performed by CONTRACTOR, its Subcontractors or by anyone directly or indirectly employed by either. 6.20 The obligations of the CONTRACTOR shall not extend to the liability of the CITY,their agents or employees arising out of(a)the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b)the giving of or the failure to give directions or instructions by the CITY, their agents or employees provided such giving of failure to give is the primary cause of injury or damage. These indemnification provisions shall survive the term of this Contract. ARTICLE 7—CITY'S RESPONSIBILITIES 7.1 The CITY will issue all communications to the CONTRACTOR. 7.2 The CITY will furnish the data required of them under the Contract Documents promptly. ARTICLE 8—CHANGE OF CONTRACT PRICE 8.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for performing the Services. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at their expense without changing the Contract Price. 8.1.1 The CITY may, at any time,without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Service within the general scope of the Contract, including but not limited to changes: 8.1.1.1 In the method or manner of performance of the Service. 8.1.1.2 In the CITY-furnished facilities, equipment, materials, services, or site; or 8.1.1.3 Directing acceleration in the performance of the Service. 127 8.2.1 Except as herein provided, no order, statement,or conduct of the CITY shall be treated as a change under this clause or entitle the CONTRACTOR to an equitable adjustment hereunder. 8.2.3 If any change order under this clause causes an increase or decrease in the CONTRACTOR'S cost of,or the time required for,the performance of any part of the Service, under this Contract,whether or not changed by any order, an equitable adjustment shall be made and the Contract modified in writing accordingly. 8.2.4 lithe CONTRACTOR intends to assert a claim for an equitable adjustment under this clause, he must,within ten (10) days after receipt of a written Change Order, submit to the CITY a written notice including a statement setting forth the general nature and monetary extent of such claim, and supporting data. 8.2.5 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 8.3 The value of any Service covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 8.3.1 By negotiated lump sum. 8.3.2 On the basis of the cost of the Service, determined as provided in Sections 8.4 and 8.5, plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit. 8.4 The term cost of the Service means the sum of all direct costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Service. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami-Dade County, shall include only the following items and shall not include any of the costs itemized in Paragraph 8.5. 8.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Service described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Service shall be apportioned on the basis of their time spent on the Service. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security 128 contributions, unemployment,excise and payroll taxes, servicers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Service after regular servicing hours, on Sunday or legal holidays shall be included in the above only if authorized by CITY. 8.4.2 Cost of all materials and equipment furnished and incorporated in the Service, including costs of transportation and storage, and manufacturers'field services required in connection therewith.All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments in which case the cash discounts, shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY, and CONTRACTOR shall make provisions so that they may be obtained. 8.4.3 Payments made by CONTRACTOR to the Subcontractors for Service performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine which Bids will be accepted. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Service plus a fee,the cost of the Service shall be determined in accordance with paragraphs 8.4 and 8.5. 8.4.4 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof- all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Service. 8.4.5 Sales, use or similar taxes related to the Service, and for which CONTRACTOR is liable, imposed by any governmental authority. 8.4.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 8.4.7 The cost of utilities, fuel and sanitary facilities at the site. 129 8.4.8 Minor expenses such as telegrams, long distance telephone calls,telephone service at the site, expressage and similar petty cash items in connection with the Service. 8.4.9 Cost of premiums for additional Bonds and Insurance required solely because of changes in the Service, not to exceed two percent (2%) of the increase in the Cost of the Service. 8.5 The term Cost of the Service shall not include any of the following: 8.5.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships),general managers, engineers, architects, estimators, lawyers, agents, expediters,timekeepers,clerks and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Service and not specifically included in the schedule referred to in subparagraph 8.4.1—all of which are to be considered administrative costs covered by the CONTRACTOR'S fee. 8.5.2 Expenses of CONTRACTOR'S principal and branch offices other than his office at the site. 8.5.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Service and charges against CONTRACTOR for delinquent payments. 8.5.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in subparagraph 8.4.9). 8.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them of for whose acts any of them may be liable, including but not limited to,the correction of defective service,disposal of materials or equipment wrongly supplied and making good any damage to property. 8.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 8.4. 8.6 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for their overhead and profit shall be determined as follows: 130 8.6.1 In the event of an oversight or omission by the CONTRACTOR no compensation for overhead or profit will be provided; otherwise. 8.6.2 A mutually acceptable firm fixed price; or if none can be agreed upon. 8.6.3 A ten percent fixed fee based on the estimate of the various portions of the Cost of the Service. 8.7 The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change,the net shall be computed to include overhead and profit, identified separately,for both additions and credit, provided however,the CONTRACTOR shall not be entitled to claim lost profits for any Service not performed. 8.8 Whenever cost of any Service is to be determined pursuant to paragraphs 8.4 and 8.5, CONTRACTOR will submit in form prescribed by CITY an itemized cost breakdown together with supporting data. ARTICLE 9—PAYMENTS AND COMPLETION Payments to Contractor 9.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the CITY a partial payment estimate filled out and signed by the CONTRACTOR covering the Service performed during the period covered by the partial payment estimate and supported by such data as the CITY may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Service but delivered and suitably stored at or near site,the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY, as will establish the CITY'S title to the material and equipment and protect their interest therein, including applicable insurance. The CITY will within ten (10) days after receipt of each partial payment estimate, either indicate in writing their approval of payment and present the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR, indicating in writing their reasons for refusing to approve payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY, will within 131 thirty(30) days of presentation to them of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate.The CITY may retain ten (8) percent of the amount of each payment until final completion and acceptance of all Service covered by the Contract Documents. On completion and acceptance of a part of the Service on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. Any interest earned on the retainage shall accrue to the benefit of the CITY. 9.2 The CITY shall have the right to demand and receive from the CONTRACTOR, before he shall receive final payment,final releases of lien executed by all persons,firms or corporations who have performed or furnished labor, services or materials, directly or indirectly, used in the Service. Likewise, as a condition to receiving any progress payment,the CITY may require the CONTRACTOR to furnish partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the Service during the period of time for which the progress payment is due, releasing such lien rights as those persons, firms or corporations may have for that period. Contractor's Warranty of Title 9.3 The CONTRACTOR warrants and guarantees that title to all Service, materials and equipment covered by an Application for Payment,whether incorporated in the Project or not, will have passed to the CITY prior to the making of the Application for Payment,free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Service, materials or equipment covered by an Application for Payment will have been acquired by the CONTRACTOR or by any other person performing the Service at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Acceptance of Final Payment as Release 9.4 The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the Service and for every act and neglect of the CITY and 132 others relating to or arising out of this Service. Any payment, however,final or otherwise, shall not release the CONTRACTOR of their sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. ARTICLE 10—SUSPENSION OF WORK AND TERMINATION 10.1 The CITY may, at any time and without cause, suspend the Service or any portion thereof for a period of not more than ninety(90) days by notice in writing to the CONTRACTOR which shall fix the date on which Service shall be resumed. For suspensions longer than ninety(90) days,The CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both,directly attributable to any suspension if they make a claim therefore as provided in Articles 9 and 10. Service during Inclement Weather 10.2 No Service shall be done under these specifications except by permission of the CITY when the weather is unfit for good and careful Service to be performed. Should the severity of the weather continue,the CONTRACTOR upon the direction of the CITY, shall suspend all Service until instructed to resume operations by the CITY and the Contract Time shall be extended to cover the duration of the order City May Terminate 10.3 If the CONTRACTOR is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of their property, or if they file a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if they repeatedly fails to supply sufficient skilled servicemen or suitable materials or equipment,or if they repeatedly fail to make prompt payments to Subcontractors or for labor, materials or equipment or they disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the CITY, or if they otherwise violate any provision of the Contract Documents,then the CITY may,without prejudice to any other right or remedy and after giving the CONTRACTOR and their surety seven (7) days written notice,terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment,tools, construction equipment and machinery thereon owned by the CONTRACTOR, 133 and finish the Service by whatever method they may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Service is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services,such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance,the CONTRACTOR will pay the difference to the CITY. Such costs incurred by the CITY will be determined by the CITY and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default,the rights and obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been issued. 10.4 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the CITY due the CONTRACTOR will not release the CONTRACTOR from liability. 10.5 Upon seven (7) days written notice to the CONTRACTOR,the CITY may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid for all Service executed and accepted by the CITY as of the date of the termination. No payment shall be made for profit for Service which has not been performed. Removal of Equipment 10.6 In the case of termination of this Contract before completion for any cause whatever,the CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of his equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies,the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Service or Terminate 134 10.7 If,through no act or fault of the CONTRACTOR,the Service is suspended for a period of more than ninety(90)days by the CITY or under an order of court of other public authority, or the CONSULTANT fails to act on any Application for Payment within thirty(30) days after it is submitted, or the CITY fails to pay the CONTRACTOR any sum approved by the CITY, within thirty (30) calendar days of its approval, and presentation,then the CONTRACTOR may, upon twenty(20) calendar days written notice to the CITY, terminate the Agreement. The CITY may remedy the delay or neglect within the twenty(20) calendar days time frame. If timely remedied by the CITY the Contract shall not be considered terminated. In lieu of terminating the Agreement, if the CITY has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid,the CONTRACTOR may upon ten (8) calendar days notice to the CITY and the CONSULTANT stop the Service until they have been paid all amounts then due. ARTICLE 11—MISCELLANEOUS 11.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid,to the last business address known to them who gives the notice. 11.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion of the Project. 11.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation,the warranties,guarantees and obligations imposed upon CONTRACTOR and those in the Special Conditions and the rights and remedies available to the CITY and there under, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 11.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or 135 others for whose acts they are legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such in-jury or damage. ARTICLE 12—WAIVER OF JURY TRIAL 12.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Service thereunder. ARTICLE 13—ATTORNEYS FEES/JURISDICTION/VENUE/GOVERNING LAW 13.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida. 13.2 The parties submit to the jurisdiction of any Florida State or federal court in any action or proceeding arising out of or relating to the Contract. Venue of any action to enforce the Contract shall be in Miami-Dade County, Florida. 13.3 If either the CITY or CONTRACTOR is required to enforce the terms of the Contract by court proceedings, each party will be responsible for their attorney's fees. ARTICLE 14—PROJECT RECORDS 14.1 CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise,which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) days written notice. ARTICLE 15—SEVERABILITY 136 15.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable,the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 16—INDEPENDENT CONTRACTOR 16.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies,tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the CONTRACTOR. 137