97-22595 RESO
RESOLUTION NO. 97-2259.'5
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH RED TOP TRANSPORTATION, INC., A.K.A. AMERICAN
BUS LINES, INC., TO PROVIDE MANAGEMENT AND OPERATION OF SHUTTLE
SERVICES FOR THE ELECTROWAVE PARK-AND-RIDE DEMONSTRATION PROGRAM,
FOR A PERIOD OF TWO YEARS, PENDING FUNDING AVAILABILITY, WITH THE
OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AND COMMENCING
ON THE DATE SET FORTH IN A NOTICE TO PROCEED TO BE ISSUED TO THE
CONTRACTOR NO LESS THAN 45 DAYS FROM THE CONTRACT DATE; AND,
FURTHER APPROVING AN ANNUAL CONTRACT COST NOT TO EXCEED $928,510,
PLUS A $63,000 IN INSURANCE COST PASS THROUGH, UTILIZING FUNDS PROVIDED
FOR THE PURPOSES IN THE ADOPTED 1997-98 ELECTROWA VE BUDGET.
WHEREAS, on April 3, 1997, the City received only one response to RFP No. 40-96/98 for
Management, Operation, and Maintenance of Transit Services-Electrowave Program; and
WHEREAS, on April 16, 1997, as recommended by the bid review committee, the Mayor and
City Commission approved the only bid received from Red Top Transportation, a.k.a. American Bus
Lines, pending results of the contract negotiations to be conducted toward reducing the proposed
contract cost from the original $1,562,950 for one year/36,000 service hours; and
WHEREAS, three contract negotiation meetings were held on May 19, July 23, and August 8,
1997, when several items were either cut from the proposal, such as the mechanical maintenance
services, or reduced to achieve a negotiated price of $928,510, for 35,360 hours of operation;
WHEREAS, on October 28, 1997, the City held additional negotiations with Red Top, and
required additional insurance coverage, as a pass through cost of $63,000; and
WHEREAS, mechanical maintenance services will be provided by the City's Fleet Management
Division for approximately $150,000 less than the cost originally proposed by Red Top Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve and authorize the Mayor
and City Clerk to execute the attached Contract with Red Top Transportation, Inc., a.k.a. American
Bus Lines, Inc., to provide Management and Operation of Shuttle Services for the Electrowave Park-
and-Ride Demonstration Program, for a period of two years, pending funding availability, with the
option to renew for two additional one-year periods, and commencing on the date set forth in a Notice
to Proceed to be issued to the Contractor no less than 45 days from the Contract date; and, further
approve an annual Contract cost not to exceed $928,510, plus a $63,000 in insurance cost pass
through, utilizing funds provided for the purposes in the adopted 1997-98 ELECTROWAVE Budget.
PASSED AND APPROVED this the
19th
day of
November
,1997.
ATTEST:
_~~ f~
CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
aj
~~~
City arney
// /<1117
Date
(
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp:'\ci.miami-beach. fl. us
~ITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. ~
TO:
Honorable Mayor and
Members of the City Commission
DATE: November 19, 1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
i,J
i.
A RESOLUTION 0 iT E MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEAC , FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH RED TOP
TRANSPORTATION, INC., A.K.A. AMERICAN BUS LINES, INC., TO
PROVIDE MANAGEMENT AND OPERATION OF SHUTTLE SERVICES FOR
THE ELECTROWA VE PARK-AND-RIDE DEMONSTRATION PROGRAM,
FOR A PERIOD OF TWO YEARS, PENDING FUNDING AVAilABILITY,
WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR
PERIODS, AND COMMENCING ON THE DATE SET FORTH IN A NOTICE
TO PROCEED TO BE ISSUED TO THE CONTRACTOR NO lESS THAN 45
DAYS FROM THE CONTRACT DATE; AND, FURTHER APPROVING AN
ANNUAL CONTRACT COST NOT TO EXCEED $928,510, PLUS A
$63,000 IN INSURANCE COST PASS THROUGH, UTILIZING FUNDS
PROVIDED FOR THE PURPOSES IN THE ADOPTED 1997-98
ELECTROWA VE BUDGET.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
On April 3, 1997, the City received only one response to RFP No. 40-96/98 for
Management, Operation, and Maintenance of Shuttle Services-E1ectrowave Program.
. Specification packages had been mailed to 27 transit operators around the Country but
the sole respondent was Red Top Transportation, a.k.a. American Bus Lines.
On April 16, 1997, as recommended by the Evaluation Committee and the
Administration, the City Commission approved the bid from Red Top, pending results
of the negotiations to be conducted by the Miami Beach Transportation Management
Association (MBTMA) and City toward reducing the Red Top-proposed contract cost,
which was $1,562,950/year for 36,000 hours of park-and-ride/circulator shuttle
services, and mechanical maintenance services.
AGENDA ITEM R, A
DATE 11-1'1-97
,
. .
In the meantime, due to the maintenance needs of the seven quses and their electric
batteries, Fleet Management sent two City mechanics for training in Chattanooga,
Tennessee. Since these mechanics have properly maintained the Electrowave fleet for
the last seven months, Fleet Management has offered to take over the mechanical
maintenance of the shuttle vehicles and batteries, at approximately $100,000 less
than the cost proposed by Red Top.
ANAL YSIS
Three contract negotiation meetings were held on May 19, July 23, and August 8,
1997, between MBTMA, the City's Fleet Management, and Red Top representatives,
in an effort to bring the contract costs down from the originally proposed $1,562,950
a year. In the process the following terms were negotiated:
<> The mechanical maintenance services were removed from the Red Top
proposal, reflecting a reduction of $634,440. These services will be performed
instead by the City's Fleet Management Division which quoted a price of
$516,419 for the services, based on 4 mechanics and 4 helpers working 8-hour
shifts.
<> The Red Top price to only manage and operate the shuttle service was reduced
to $928,510. This negotiated cost calculation included the standard level of
insurance and performance bond used by the Metro Dade Transit Agency
(MOTA) in their transit operation contracts with Red Top.
<> A preferred two-way route service was incorporated (instead of the original one-
way route). The two-way route requires a larger number of drivers per shift but
improves the shuttle frequency and the quality of service.
<> The staffing proposed by Red Top was negotiated down to a General Manager,
an Assistant Manager/Safety Director, 4 dispatchers and 20 drivers working
different 8-hour shifts. A clerical position was eliminated, thereby reducing
office labor costs by $21,300. Associated costs were reduced accordingly.
.On October 28, 1997, after a Draft Contract was prepared, members of the City
Administration and staff held additional negotiations with Red Top's President. The
City felt it prudent not to rely exclusively on the City's Self-Insured status, and
required that the Contractor also provide insurance coverage for the seven (7) City-
owned electric shuttle vehicles, with a cost pass through (no profit or overhead) to
the City, as follows:
* Automobile Liability coverage, at a cost pass.through of $43,000; and
* Physical Damage coverage, at a cost pass-through of $20,000.
Additionally, it was agreed that the Contractor would provide a $50,000 Performance
Bond, as traditionally required by MDT A for similar transit contracts with Red Topo
I
Red Top needs at least a 45-day lead time to hire the proposed~staff, train drivers and
dispatchers, and establish headquarters at the City-provided Electrowave Facility, prior
to the inauguration of the Electrowave Park-and-Ride Demonstration Service to South
Beach, scheduled for late January, 1998. A Notice to Proceed will be issued to the
Contractor no less than 45 days from the Contract date.
A comparison of costs between the original and the negotiated proposals follows:
RED TOP, a.k.a.
AMERICAN BUS LINES
ORIGINAL PROPOSAL
Full services
One-way route
36,000 service hours
NEGOTIATED PROPOSAL
Minus mechanical maint.
Two-way route
35,360 service hours
FIXED COSTS:
Labor
Benefits
Facilities
Other Costs
Insurance & Bonds
Total Fixed Cost
Fixed Monthly Rate
$ 178,300 $1 57,000
63,900 58,800
43,200 8,800
47,400 29,300
115.300 79.500
$ 448,100 $333,400
$ 37,341 $ 27,783
VARIABLE COSTS:
Labor
Benefits
Material & Supplies
Overhead & Profit
Total Variable Cost
Total Variable Cost (Monthly)
$ 542,500
194,350
238,000
140.000
$ 1., 1 1 4,850
$ 92,904
$368,160
142,550
-0-
84.400
$595,110
$ 49,592
ANNUAL CONTRACT COST
(all services combined)
$1,562,950
$928,510 *
. REGULAR HOURLY RATE
$
43.41
$ 26.25
Hourly rate for out-of-contract services performed outside normal operating hours:
$ 31.00 $ 31.00
* PLUS A COST PASS-THROUGH OF $63,000 for the City-required insurance
coverage.
,
As part of this Analysis section, the following documents are herein attached:
Exhibit A: Narrative related to the Negotiated Proposal by Red Top.
Exhibit B: Red Top-Negotiated Proposal for Operation of Transit Services.
Exhibit C: Red Top-Proposed Staffing Chart for Electrowave Service.
Exhibit D: Electrowave Operating Schedule.
Exhibit E: Electrowave Route and Route Description
Exhibit F: Original Proposal by Red Top (including mechanical maintenance).
FUNDING SOURCES:
o The Red Top Contract and the City's mechanical maintenance costs are funded
by the Operating Funds category of the adopted FY 1997-98 Electrowave
Budget, at approximately $1.45 million.
o The insurance cost pass through of $63,000 would be funded by the
Contingency Funds category of the same budget, which presently has a
$276,795 balance.
CONCLUSION
Red Top Transportation is a local company that has been in business in Miami since
1985, providing transportation services for local government agencies, such as the
Metro-Dade Transit Agency, Dade County Aviation Department/Miami International
Airport, and Royal Caribbean Cruise Lines. Red Top affiliated companies, Coach USA,
Inc., and American Bus Lines have been in business in the Greater Miami area since
1929.
If the shuttle service to South Beach is to begin in late January, 1998, as scheduled,
the attached Contract between the City and Red Top should be executed without
further delay. The Administration recommends approval.
,JGP/~
(redtop)
,
EXHIBIT A
~
Miami Beach Electric Shuttle
Miami Beach, Florida
Narrative
FIXED COST
Labor:
Management salariests one (1) Manager and one (1) Safety Person.
Dispatch salaries is for four (4) di:ipatchers, two (2) Am & two (2) Pm.
Payroll taxes is 11.65 % of payroll.
Health Insurllnce is five (5) at $25. dollars per week and one (1) at $50.
Dollars per week. (Manager)
Incentive is 5% of payroll.
Benefits:
Workers CI."Iil1pel'isation Insul"3l1ce is 15% of pa}Tol1.
Facilities:
Telephone is three (3) cellular phcmes a: $! 00. each per month. City of
Miami Beach to furnish basic telephone service.
Maintenance toots and equipment is fumisl.ed by City of Miami Beach.
Auto allowance for Manager lllld Safety person is $50.00 per week each.
Otber Cost: :Radio Maintenance h; furnished by City of Miami Beach.
Office supplies are. all forms and oftice slJppties including copy supplies.
PhysicalJDl ug Scre::<::lIS j~ for n~w hires and periodical screening.
Recuitruc::nt is for advertisement for new employees.
Misciother is for fumi~hil'lg for dIspatch (1ffic~. drivers room and manager
office.
Unifonns is based 011 furnishing three (3) changes of pants per employee.
City of Miami Beach to fumish five (5) uniform shirts per employee.
Insurance and Bonds:
Seven (7) mini buses at S6,200. each ....ehicle.
General Liability is $7,000.
Perfonl1ance Bond is 1 Yi % of SI00,000. dollars.
Collision and Property damage os 2 % of Sl,360,OOO..
-.-----
,
V ARlABLE COST:
Benefits:
Materials & Supplies:
*
*
~
Drivers Wages is based on twenty (20) drivers.
Attendants wag~s are City of Miami Beach employees.
Mechanics wages are City of Miami Beach employees.
Payroll ta.xes are 11.65 % of payroll.
Health Insurance is twellty (20) driv~rs at $25.00 dollars per week each.
Incentive is 5% of payroll.
Workers Compensation is 15% of payroll.
Lubrication fluids Ciry of Miami Beach to furnish.
Maintenance Parts, Ci~y ofMia.."i Be~ch to furnish.
MainteIlllncc; supplies, City of Miazni Beach to fumisho
Annual detailir.g seven (7) ve1-.icles, City of Miami Beach to furnish.
Semi-Annual detailing seven (7) vehicles, City of Miami Beach to furnish.
Overhead and Profits i510 % of annual contract.
Replacement 1\1ini Buses, American drivers and American's vehicle is $225.
dollan for lint four (4) hours of sen'ice: , then $45. doUars per hour of
service.
Replacement Jnini ~us American's vehicle and Shuttle driver, is $150.
dolhu5 for finJt four (4) hours or service, then $30. dollars per hour of
!ervice.
,
.~,
,
~.
~
EXHIBIT B
PROPOSAL Page 6 of 10
':
NEGOTIATED PROPOSAL FORM - COST PROPOSAL
YEAR ONE
ELECTRIC WAVE COST BASED ON ,:35,360. _ _ SERVICE HOURS
FIXED' COST
Labor:
Managemen,t Salaries
Dispatch Salazjes
PIR Taxes
Health lng.
Incentive
.Benefits: Workers Compensation Insurance
,
$ 62,400
94,600
18,300
..2JOO
7,8:S0
235'i0
Manager I
36 400
Safety
26,000
Facilities:
Telephone 3,600
Maip.~ce.Too1s &. Equipment -Jb
, Two MiD.i-B~ ll3ack-up - {b
Aut~ 1PoV{ for'SuPervisor & Safety 5..200.
Other cost:.':' . .
. Radio Maiiitenance
','. SuPPlieS ~ce / Miscellaneous
Physicals / DrUg Screens
Recruittnent .. . . '.' '_
Misc. / Other (CopierlFax!Furniture/Etc.)
Uniforms
Insurance & Bonds
TOTAL FIXED COST
FIXED MONTHLY RATE
RFP No.:
Date:
40-96/97
3/5/97
City of Miami Beach
55
-0-
4$lO..
5JlOO
1.i(lO.
1J}OO
~.
,
79r~OO
$111,400
$ 27,783.
U~-l~-~i; II ;"':'iA;\"i~A;\,IL.hl'-""""'-' UU...... L-11'lL.......
,
PROPOSAL PAGE 7 OF 10
~
Labor:
,
- '&" -
Driver's Wages
$ 368,160
Benefits:
Payroll Taxes
Health Insurance
Other Specify (Incentive)
Workers Compensation Insurance
42,900
26,000
] 8,400
55,250
Overhead and Profits
&4,400
Total variable cost: 595,110.
Variable
TOTAL COST (Monthly) $ 49,592. ,
ANNUAL CONTRACI' COST
(All services combined) $ 92&,510
REGULAR HOURLY RATE $_26.25
HOURLY RATE FOR OUT-OF
CONTRACf SERVICES PERFORMED
OUTSIDE NORMAL OPERATING
HOURS $_3.l.illl
RFP No.:
40-96/97
CITY of MIAMI BEACH
DATE:
3/5/97
56
,
,
EXHIBIT C
Miami Beach Wave Shuttle
Staffing Chart
AM
AM
;;:~~i21i~ITi~~~~titJ
~;'>F;.-::::~~~,,~:~:'.:~!:l ~~~
-~~1(1I' 'I,', "'.'Y'':j',,}..~~
s,,:~~::"~~"f-:n;,
I
General Manager
~ Days .Assist Manager
(5 Days &
Safety Director
I 4 Dispatchers
Mo Tu We Th Fr Sa Su
6:00 6:00 6:00 6:00 6:00 6:00 8:00
2:30 2:30 2:30 4:30 4:30 4:30 2:30
-...-...-
.... I
20 Drivers I
Mo Tu We Th Fr Sa Su
7:30 7:30 7:30 7:30 7:30 7:30 9:30
2:00 2:00 2:00 4:00 4:00 4:00 2:00
:s
12 12 12 14 14 14 12
AM
AM
Shift
Per
Day
,
EXHIBIT D
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,
EXHIBIT E
;:Otn :j ~":~::'
~
Atlantic
Ocean
Biscayne
Bay
· Passenger Service
Route
................ Recharge Station
Route
. Passenger Station
o Recovery TIme
Station
,
4.3.9 PHASE 1 ROUTE. ALTERNATIVE H
'-
Alternative H runs in two directions along the Washington Avenue Corridor. It terminates
on the north end at Lincoln Road and Lenox Avenue, in a loop around the Sun Trust
Building. At the south end, it terminates with a loop south of 5th Streeto It provides good
service to the Washington Avenue Corridor in both directions, penetrates the South Pointe
Area, and provides service to both ends of the Lincoln Road o1\:1all (400 Block to 1000
Block). See Appendix B-1 for detailed shuttle segment travel times and performance analysis.
ROUTE SEGMENTS
ROUTE LENGTH
VEHICLES
HEADWAY
ROUTE TRAVEL TIME
SAMPLE TRIP TIMES
PARKING
(within 1 block walk)
NUMBER OF STATIONS
DISPLACED PARKING
PHASE 1 ROUTE, ALTERNATIVE H
Loop around Sun Trust Building
Lenox Ave., Lincoln Rd., Alton Rd.; 1,575 feet
17th Street
eastbound, Alton Road to Washington Avenue, 3,080 feet
Washington Avenue
southbound, 17th Street to 5th Street; 6,565 feet
5th Street
westbound, Washington Ave. to Meridian Avenue; 635 ft.
Meridian Avenue
southbound, 5th Street to 4th Street, 315 feet
4th Street
eastbound, Meridian Ave. to Washington Avenue, 535 fto
Washington Avenue
northbound, 4th Street to 17th Street; 6,945 feet
17th Street
westbound, Washington Ave. to Lenox Avenue; 2,675 fto
4.23 miles (22,325 feet)
7 AVS 22.foot electric buses
Weekday
Weekend Night Peak
Average Weekdav
38 minutes
17th St Garage to 11 th Sf.
Return Trip
17th St Garage to 5th Sf.
Return Trip
7th Street Garage
11 th Street Garage
13th Street Garage
1 7th Street Garage
17th Street Open Lot
Convention Center Lot
Other Public Soaces
Total
27
none
6 minutes (7 in PM Peak)
11 minutes
Weekend Nioht Peak
60 minutes
Weekdav Weekend
10 minutes 15 minutes
8 minutes 15 minutes
14 minutes 24 minutes
12 minutes 24 minutes
496 public spaces
1 34 public spaces
279 public spaces
1,402 public spaces
585 public spaces
800 public spaces
1 ,300 oublic soaces
4,996 public spaces
average spacing, 827 feet
4.29
South Beach Electric Shuttle Plan - Final Draft
CARR SMITH CORRADINO
,
EXHIBIT F
Proposal Page 6 of 10
0::
ORIGINAL PROPOSAL FORM - COST PROPOSAL
YEAR ONE
ELECTRIC WAVE COSTS BASED ON ':15,000 SERVICE HOURS
FIXED COSTS
Labor:
Management Salaries
Clerical Salaries
Dispatch Salaries
P /R Ta"("es
Healt~ Ins.
Incentive
Benefits: W/C Ins.
;
Facilities:
Telephone
Maintenance Tools & Equipment
Two MiniBuses-Eac~ tm
Service Truc'<: v/Air COI!'Ipressor
I\uto Allow for Supervisor 5.
Other Costs: Safety
Radio Maintenance
Supplies OfficelMiscellaneous
Physicals/Druq Screens
Recruitment '
MiscJOther .=F~ffiit~f~: etc.
Uniforms
Waste Pick: Up
Insurance: & Bones
TOTAL FIXED COST
FIXED MONTHLY RATE
RFP NO.: . 40-96/98
DATE: .'0 3/5/97
$ 62,400
21 , 800
94,100
20,800
9,1'00
9,000
25,000
6,000
8,000
20,500"
3,500
5,200
.-
1.800
4,800
5 ,600
7,500
7.QOO
15,700
5,000
115,300
$ 448,100
$ 37,341
CITY OF MIAMI BEACH
SS
,
. .
VARIABLE COSTS
Proposal Page 7 of 10
~
Labor:
Drivers' Wages
Attendants' Wages
~echarUcs' Wages
$ ?44 , 500
-0-
198,000
Benefits:
, Payroll Taxes
Health Insurance
Other Specify Incentive
Wor~ers Compensation Insurance
Materials & Supplies
Lubrication Fluids
~aintenance Parts
~aintenance Supplies, etc.
Annual detailing (7 vehicles)
Semi-annual detailing (7 vehicles)
52,600
25,100
n , 000
69,650
52,000
115,000
14,000
38,000
19,000
Overhead and Profit
1.10,000
TOTAL VARIABLE COST
L 114 ,850
VARIABLE
TOTAL^COST (Monthly)
$
92,904
ANNUAL CONTRACT COST (all services combined)
$ 1,562,950
REGULAR HOURLY RATE
$
43.41
HOURL Y RATE FOR OUT-OF
CONTRACTSERVICESPERFO~D
OUTSIDE NORMAL OPERATING
HOURS
$
31.00
RFP NO.: .'. 40-96/98
DATE: ..' 3/5/97
CITY OF MI.AlW BEACH
56
A CONTRACT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
RED TOP TRANSPORTATION, INC.
FOR
MANAGEMENT & OPERATION OF SHUTTLE SERVICES
MIAMI BEACH PARK-AND-RIDE/CIRCULATOR SHUTTLE PROJECT
(RFP NO. 40-96/98)
THIS CONTRACT made and entered into as of November 19, 1997
by and between the City of Miami Beach, a political subdivision of the
State of Florida having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as
the City), and Red Top Transportation, Inc., a Florida corporation,
having its principal offices at 11077 N.W. 36th Avenue, Miami, Florida
33167 (hereinafter referred to as the Contractor) .
WIT N E SSE T H:
WHEREAS, the Contractor has offered to provide transportation
services to conduct route work and shuttle services using electric
shuttle buses for the City of Miami Beach; and
WHEREAS, the Contractor has submitted written qualifications
dated April 3, 1997, which are incorporated herein by reference; and
WHEREAS, the City is willing to contract for the performance of
such services upon the terms and conditions set forth in the Request
for Qualifications No. RFP 40-96/98 dated March 5, 1997, and as
hereinafter set forth.
NOW THEREFORE, for and in consideration of the premises and the
mutual covenants herein contained, the parties hereto agree as
follows:
ARTICLE 1. DEFINITIONS
1.1 ADA - Americans with Disabilities Act of 1990, as may be amended
from time to time.
1
1.2 Cancellations - When the City contacts the Contractor during
operational hours at least one hour in advance and cancels a
prearranged trip for any reason.
1.3 Curb-to-Curb - Transportation from the curbside adjacent to a
public street at the point of origin to the curbside adjacent
to a public street at the point of destination.
1.4 ~ - Miami Beach, Florida
1.5 Deadheading - Non-revenue service at the beginning or end of a
Trip or between trips.
1.6 Contract Manager - City of Miami Beach Contract Manager for the
electric shuttle circulator transportation project is the Miami
Beach Transportation Management Association (MBTMA).
1.7 ELECTROWAVE Project - The Electric Shuttle Park-and-Ride/
Circulator Service and other shuttle services.
1.8 FDOT - Florida Department of Transportation.
1.9 Fixed Route Service - Service which is based on established
fixed routes with specific stops.
1.10 Full Size Shuttle Bus - A vehicle containing 22 passenger seats
seats with stanchions or grab bars for standees.
1.11 Group Travel Service - Service from a single or a few origins
to a single or a few destinations.
1.12 Major Holidays - Memorial Day, 4th of July, Labor Day,
Thanksgiving Day, Christmas Day, and New Years Day.
1.13 ~- Metropolitan Dade County, Florida.
1.14 MBTMA - Miami Beach Transportation Management Association, Inc.
1.15 MB Fleet Management - City of Miami Beach - Fleet Management
Division is the designated provider of vehicle maintenance
1.16 Passenger Motor Vehicle - Any chauffeur driven motor vehicle
providing seating accommodations for passengers.
1.17 Peak Vehicle Re~uirement (PVR) - The number of vehicles
2
required to meet the peak demand for service.
1.18 General Service - The period of time when the transit
vehicles are available to the public and there is reasonable
expectation of carrying passengers.
1.19 Route - A designated set of streets or separated rights-of-
way which a shuttle vehicle regularly serves.
1.20 Run - The driver's work made up of one continuous work
assignment on a Route or of two separate assignments which
may be on two routes.
1.21 Trip - One directional travel in general service along a Route
with a specified origin and starting time and a specified
destination and arrival time.
1.22 Semi-fixed Route Service - Service operating in a general
corridor providing pick-up and drop-off services to varying
individuals within the service area corridor.
1.23 Vehicle Trip - The vehicle trip begins when the first customer
enters the vehicle and ends when the destination is reached,
all customers exit and the vehicle is empty.
1.24 Purchase Order - An assignment of services to be performed by
the Contractor within specific parameters or guidelines as
determined and prescribed by the City.
ARTICLE 2. COMMENCEMENT OF SERVICES
The services outlined herein shall commence immediately upon receipt
of a Notice to Proceed to be issued by the City not less than forty
five (45) days from the last date of execution of the Contract by
the parties hereto ("Commencement Date"). It is anticipated that
within this period between the last date of execution and the
Commencement Date, the Contractor will advertise for, hire and train
the employees of the Shuttle Project, and establish operations in
the vehicle facility to be provided by the City (the "Start-Up
Period") .
ARTICLE 3. SCOPE OF WORK
The object of this Contract is to provide and operate reliable,
dependable, cost-effective public transportation services, as
3
determined by the City of Miami Beach.
3.1 The Contractor shall furnish all labor, liability insurance and
bonds and provide shuttle operation services in the manner and
form provided herein. Service will be directed by the City
through the issuance of a (a) Notice to Proceed and (b) a
Purchase Order(s) .
3.2 All transportation services requested by the City will be
provided by the Contractor solely within the City of Miami
Beach, as may be required and directed by the City, and as
allowable by all applicable Federal, State, County, and City
laws and ordinances.
3.3 The City's Fleet Management Division will provide mechanical
maintenance services, parts, and materials, as well as
electricity and propane fuel.
3.4 The City will lease to the Contractor the seven (7) electric
shuttle vehicles, as listed and incorporated herein as Exhibit
F.to this Contract, for a nominal fee of one dollar ($1.00) per
vehicle, per year. City and Contractor herein agree to
negotiate and execute a Lease Agreement for said vehicles prior
to the commencement of the services to be provided herein; said
Lease to be executed and incorporated by reference as an
exhibit to this Contract.
3.5 The Contractor will provide 35,360 hours of service on a
geographic route and schedule as described in Section 4.4 of
this Contract.
3.6 TYPES OF SERVICE
3.6.1 There are two types of service that the City will purchase on
a regular basis, under this Contract:
a. Fixed-Route Service
This type of service is characterized by vehicle Trips that
follow a specified geographic Route and time schedule, with
service having daily start and end time and operating on
specified days of the week. However, although a fixed route
is designated, the alignment or schedule may be changed from
time to time by MBTMA, with the prior written consent of the
City. The City reserves the right to increase or decrease
4
service without change in the hourly rate, to the extent
described in Article 9. of this Contract.
b. Supervisory/Starter Personnel
This service is to provide management of street service by
Contractor's management employees either at specific locations
or in cars. These Contractor employees shall monitor on-time
performance, safety, and other issues to assure excellent
delivery of service.
3.6.2 The City reserves the right to request other types of shuttle
service from the Contractor, under the terms and conditions
described in Article 9. of this Contract. Potential types of
shuttle service are as follows:
a. Semi-fixed Route Service
point-to-Point transportation services where the Contractor
is able to dynamically route the vehicles to meet scheduled
pick up and drop off requirements or to by-pass stops when
potential ridership is not observed at the designated stop.
b. Group Travel Service
This service is characterized by pre-scheduled transportation
to a single or few pick up and drop off points and where the
route is left to the choice of the Contractor serving a
predetermined group of passengers.
ARTICLE 4. THE SHUTTLE SYSTEM REOUIREMENTS
4.1 Initial circulator system to include:
Seven (7) City provided electric, low floor, 22 passenger
vehicles with one wheelchair tie-down position. Maximum speed
42 mph, duration between charges 60 - 70 miles at constant 25
mph. (Varies by duty cycle, and operator efficiency. Vehicle
acceleration to 25 mph is 12 seconds, turning radius - Curb:
27 feet, Wall: 31 feet.
Vehicles are to be rotated in service to keep mileage even on
all seven (7) vehicles.
The Contractor is encouraged to submit any cost saving and/or
5
service performance measures that would enhance the
ELECTROWAVE and overall quality of service.
4.2 All vehicle drivers/operators will be required to attend
mandatory training classes provided by the electric vehicles
manufacturer (AVS/Advanced Vehicle Systems) related to the
operations of an electric shuttle vehicle, and will be
required to pass a comprehensive operational exam. In
addition, drivers/operators will be required to attend a
mandatory two-day class on the historical significance of the
area, points of interest, politeness, and customer service.
Extensive training will be provided by the Contractor for
monitoring, scheduling and operations records, of the City's
electric shuttle vehicle fleet. In addition, intensive
operations training will be provided by the manufacturer of
the electric shuttle vehicles (Advanced Vehicle Systems) .
Emphasis will be given to smooth, comfortable acceleration and
vehicle operation.
4.3 Any and all training will be conducted in Miami Beach and
coordinated through the City's Contract Manager, MBTMA.
Contractor must provide and maintain proof of all training on
record with MBTMA or City.
4.4 The route for the ELECTROWAVE is a two-way circulator with
six (6) vehicles in operation at any given time. The electric
vehicles will travel North bound and South bound on Washington
Avenue between 17th Street and 5th Street, making approximately
27 stops along the entire route. The service hours will vary.
On Monday, Tuesday and Wednesday, the electric shuttles will
be in service from 8:00 a.m. to 2:00 a.m., while on Thursday,
Friday, and Saturday, the hours of service are 8:00 a.m. to
4:00 a.m. The hours of service for Sundays and Holidays will
be 10:00 a.m. to 2:00 a.m.
ARTICLE 5. CONTRACT TERM
The initial term of this Contract shall be for two years, subject to
funding availability, commencing on the Commencement Date, as same is
defined in Article 2 herein.
The City shall have the option, at its sole discretion, to renew this
Contract for two additional one-year terms, subject to the terms and
conditions set forth herein and at rates as provided by Article 22.3 of
6
this Contract, by giving Contractor written notice of such renewal at
least sixty (60) days prior to the end of the initial term, or the
first renewal term, as the case may be.
ARTICLE 6. INSURANCE
Prior to the commencement of services provided herein, the Contractor
shall furnish to the Procurement Section, City of Miami Beach,
Procurement Management Division, 1700 Convention Center Drive, Third
Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which
indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
a. Worker's Compensation and Employer's Liability Insurance to
meet the requirements of the State of Florida, Statute 440.
b. Commercial General Liability Insurance. This policy is to
provide coverage for premises/operations, independent
contractor (if any), broad form property damage, operations
and contract liability. Contractor is required to produce
proof of General Liability Coverage in an amount of not less
than $1,000,000 combined single limit per occurrence.
c. Automobile Liability Insurance on the seven (7) electric
shuttle vehicles (leased to Contractor by City, as set forth
in Article 3.4), and any other vehicles owned and operated by
the Contractor, in connection with the services of this
Contract. Contractor is required to produce proof of coverage
in an amount of not less than 1,000,000 combined single limit
per occurrence for Bodily Injury and Property Damage.
For the purposes of the insurance coverage on the seven (7)
City-owned electric shuttle vehicles, the City agrees to
compensate the Contractor the amount of $43,000; such
compensation being in addition to, and not a part of the
Contract Price, as set forth in Article 21. of this Contract.
d. Physical Damage Insurance on the seven (7) electric shuttle
vehicles, leased to Contractor by City. As in subsection c.,
above, for the purposes of this insurance coverage on the
seven (7) City-owned electric shuttle vehicles, the City
agrees to compensate the Contractor the amount of $20,000;
such compensation being in addition to, and not a part of, the
Contract Price (Article 21. herein).
7
The City of Miami Beach shall be named as an additional insured on all
policies required by the Contract. When naming the City of Miami
Beach as an additional insured, the insurance companies shall agree
and will endorse the policies to state that the City will not be
liable for the payment of any premiums or assessments. The insurance
coverage required shall include those classifications, as listed in
standard liability insurance manuals, which most nearly reflect the
operations of the Contractor.
All insurance policies required above shall be issued by companies
authorized to do business under the laws of the State of Florida, with
the following qualifications:
The Company must be rated no less than "B+" as to management and no
less than "Class VI" as to financial strength by the latest edition of
Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent subject to the approval of the City's Risk
Management Division.
Certificates will show that no modification or change in insurance
shall be made without thirty (30) days advance notice to the
certificate holder.
The City of Miami Beach RFP No. 40-96/98 entitled, 'Management and
Operation of Shuttle Services,' must appear on each Certificate.
Compliance with the foregoing requirements shall not relieve the
Contractor of its liability and obligations under this subsection
or under any other section of this Contract.
The Contract is contingent upon receipt of the insurance documents
within fifteen (15) calendar days after City Commission approval.
If the insurance certificate is received within the specified
period, but not in the manner prescribed in this Contract, the
Contractor shall be verbally notified of the deficiency and shall
have an additional five (5) calendar days to submit a corrected
certificate to the City.
If the Contractor fails to submit the required insurance documents
in the manner prescribed in this Contract within twenty (20)
calendar days after City Commission approval, the Contractor shall
be in default of the contractual terms and conditions and the
Contract shall be terminated, unless such time frame for submission
has been extended by the City. Under such circumstances, the
Contractor may be prohibited from submitting future proposals to
8
the City for a period of one (1) year.
The Contractor shall be responsible for assuring that the insurance
certificates required in conjunction with this section remain in
force for the duration of the contractual period, including any and
all option years, if applicable. If insurance certificates are
scheduled to expire during the contractual period, the Contractor
shall be responsible for submitting new or renewed insurance
certificates to the City at a minimum of thirty (30) calendar days
in advance of such expiration.
In the event that expired certificates are not replaced with new or
renewed certificates that cover the Contractual term, the City
shall suspend the Contract until such time as the new or renewed
certificates are received by the City in the manner prescribed in
this Contract; provided, however, that this suspended period does
not exceed thirty (30) calendar days; in that event, the City may,
at its sole discretion, terminate the Contract for cause.
ARTICLE 6. INDEMNIFICATION AND HOLD HARMLESS
The Contractor shall be required to indemnify and save the City,
and its agents and employees, harmless from any and all claims,
liabilities, losses and causes of action which arise or may arise
out of acts or omissions of a third party or of the Contractor, or
its agents or employees, during the performance of this Contract.
The Contractor shall pay all claims and losses of any nature
whatever in connection therewith, and shall defend all suits, in
the name of the City, and shall pay all costs and judgments which
may issue therefrom except those caused by the sole negligence of
City officers or employees.
ARTICLE 8. PERFORMANCE BOND
Prior to the commencement of the services provided herein, the
Contractor will be required to obtain and provide a Performance Bond
in the penal sum as stated below for the payment of which Contractor
shall bind itself for the faithful performance of the terms and
conditions of this Contract. The bond shall be executed by a
responsible corporate surety which has been given a "B+" "VI" or
higher rating by the most recent edition of AM 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.
Said Performance Bond will be in the amount of $50,000.00, and shall
9
continue in full force and effect throughout the term of this
Contract, and any extensions thereto
ARTICLE 9. CHANGES
It is understood that the City may, at its sole discretion, at any
time during the progress of the work, increase or decrease the
quantities of work to be performed and make alterations in the details
of the work within the general scope of the services. Such increase,
decrease or alteration shall not invalidate the Contract nor release
the surety, and the Contractor agrees to accept the work as altered,
the same as if it had been a part of the original Contract. Such
changes and alterations will be authorized in writing by the City
Manager and, if necessary, the Mayor and City Commission, and payment
or credit for increased and decreased quantities of work will be made
in accordance with the Contractor's hourly rate.
Contractor hourly rates shall remain fixed for up to and including 30%
variation (increase or decrease) in the initial service hours
authorized by the City. When City authorized service hours vary by
more than 30%, the hourly rate of compensation payable to the
Contractor shall be subject to negotiation between the City and the
Contractor.
ARTICLE 10. NOTICES
Any notice, or other necessary formal written communication, to or
from the City, and from or to the Contractor shall be considered
delivered when posted by Certified Mail or delivered in person,
respectively to:
The City:
Judy I. Evans, Contract Manager
"ELECTROWAVE" Circulator Shuttle Project
Miami Beach Transportation Management Association
301 4pt Street, Suite 502
Miami Beach, Florida 33140
(305)535-9160
Harry S. Mavrogenes, Assistant City Manager
City of Miami Beach
1700 Convention Center Drive, DDHPS
Miami Beach, Florida 33139
(305)673-7193
10
With copies to:
Murray H. Dubbin, Interim City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
The Contractor: Louis R. Cicerone
Red Top Transportation, Inc.
11077 N. W. 36th Avenue
Miami, Florida 33167
ARTICLE 11. VEHICLE REOUIREMENTS AND SPECIFICATIONS
All vehicles to be utilized in providing the services specified in
this Contract are subject to the prior written approval and
requirements of the City.
Vehicle specifications contained in this Contract shall apply.
Electric shuttle vehicles are owned by the City of Miami Beach The
electric shuttle vehicles are new and have never been utilized for
service - they have been purchased by the City of Miami Beach solely
for use as a circulator shuttle vehicle within the city limits of
Miami Beach.
The Contract Manager, with the prior written consent of the City,
may waive any or all vehicle requirements and specifications
described herein for emergencies, special events or to allow for the
use of vehicles to be utilized in fulfilling requirements of this
Contract.
All equipment to be furnished under this Contract shall comply with
Florida Department of Transportation (FDOT) Rule 14-90.007.
11.1 General Vehicle Standards
The City of Miami Beach shall provide electric shuttle vehicles
which comply with all applicable local, State, or Federal codes
of ADA and FDOT Rule 14-90, and safety standards which comply
with or exceed manufacturers safety and mechanical standards for
the particular vehicle and model used in the provision of
services under this Contract.
All vehicles provided:
a. Have a rear-view mirror and side-view mirrors mounted on
both sides of the vehicle.
11
b. Have a functioning interior light within the passenger
compartment.
c. Have a functioning speedometer indicating speed in miles
per hours and a functioning odometer correctly indicating
distance in tenths of a mile.
d. Be equipped with operable air conditioning (propane)
systems. If the air conditioning system becomes inoperable
during the day, the Contractor shall replace the vehicle
within one hour. The vehicle shall not again be used for
service under this Contract until the air conditioning
system has been repaired.
e. Have exterior free of grime, oil or other substances and free
from cracks, breaks, dents and damaged paint that noticeably
detract from the overall appearance of the vehicle.
f. Be clean in the interior and free from torn floor coverings,
damaged or broken seats, and protruding sharp edges.
g. Have unobstructed vision on at least three (3) sides of the
vehicle.
h. Not have leaks of any kind.
i. Be equipped with a functioning horn.
J. Meet all vehicle requirements identified in Florida
Department of Transportation Rule 14-90.
11.2 Display of Signage on ELECTROWAVE Vehicles
All electric shuttle vehicles when being used to provide shuttle
services for the City this Contract must display, on the
exterior of all vehicles, City approved and provided signs.
ARTICLE 12. DRIVER STANDARDS
The Contractor shall ensure that its drivers shall adhere to the
following provisions:
12
12.1 Personal Appearance
Cleanliness and neatness are required at all times. A driver's
uniform (which must be required by the Contractor) must be
clean, pressed and in good repair at all times; shoes must be
shined. Driver's hair, mustache and beard must be well groomed
or drivers who do not have mustache or beard must be clean
shaven. The wearing of non-approved uniform apparel will not be
permitted, except during cold weather when drivers will be
permitted to wear a non-uniform jacket or coat.
12.2 Personal Habits
The following acts are not permissible by drivers when providing
services under this Contract.
a. Use of intoxicating liquors, narcotics or controlled
substance of any kind while on duty or reporting for duty in
uniform while under the influence of liquors, narcotics or
controlled substance of any kind (excluding doctors'
ability to perform his or her duties) .
b. Gambling in any form upon City premises or while on duty or
providing services under this Contract.
c. Smoking and other uses of tobacco while on duty except in
places or at times designated for that purpose.
d. Carrying of pistols, firearms or concealed weapons
while on duty or on City premises.
e. Resorting to physical violence to settle a dispute with a
fellow employee or the general public while on duty or on
City's premises. In self defense an employee may use no more
force than is reasonably necessary to defend him or herself.
f. Spitting in prohibited places or any other unsanitary
practices.
g. Use of loud, indecent or profane language and/or making
threatening or obscene gestures toward passengers or other
employees.
13
12.3 Driver's Responsibility
It shall be the responsibility of the driver to devote full
attention to the safe, smooth and efficient operation of
equipment and to avoid discomfort or inconvenience to the
passengers. Subject to orders of persons of higher authority,
the driver has charge of the vehicle and shall be responsible
for:
a. Adherence to route, schedules and time points.
b. Knowledge and observance of traffic laws and safety
regulations.
c. The safety of boarding and alighting passengers.
d. Proper display of all required signs and identifications.
e. The adjustment of lighting, heating, ventilation and
cooling for the comfort of passengers.
f. Distribution of Route finders and other shuttle informational
publications on vehicles as directed by City.
g. Performance of such other duties as may from time to time be
prescribed by the City.
12.4 Driver History
Driver's shall not have a criminal history which might impair
the service to customers, including convictions for crimes
involving assault, battery and moral turpitude.
12.5 Driver Registration
Driver's shall have and maintain a current, valid Dade County
Chauffeur Registration and State of Florida Chauffeur License or
the State and Federal required Commercial Drivers License when
applicable.
12.6 Driver Training Program
The Contractor shall certify that the drivers and other
personnel providing transportation under this Contract will
complete an initial and follow-up training program developed
14
between the Contractor and the City, consisting of at least the
following items:
a. Defensive and safe driver training.
b. Passenger courtesy and comfort.
c. Technical training in the proper use of vehicle equipment,
where applicable.
d. Sensitivity and awareness of the special needs of handicapped
and elderly passengers.
e. Precautions and special care needed to assist elderly and
handicapped passengers.
f. Training in the completion of required MBTMA forms.
g. Training in the driving of electric shuttle vehicles.
h. Training in ELECTROWAVE circulator route and points of
interest.
i. Every Driver and employee shall be instructed regarding, and
shall comply with, all applicable standards contained in
FDOT Rule Chapter 14-90.
Written approval of the training program must be submitted to
the City within 30 days of the execution of the Contract, and
is subject to modifications, as needed, at the written
direction of the City.
12.7 Driver Physical
Drivers shall have physical examinations as required by
Florida Department of Transportation Rule 14-90.
12.8 Contractor shall comply with all applicable City, State and
Federal laws relating to wages, hours, and all other applicable
laws, rules and regulations including but not limited to those
relating to the employment or protection of employees, now or
hereafter in effect.
12.9 Fair Labor Standards Act - Contractor is required and hereby
agrees, by execution of this Contract, to pay all employees not
15
less than the Federal minimum wage and to abide by other
requirements as established by the Congress of the United
States in the Fair Labor Standards Act as amended from time to
time.
12.10 No person shall be denied employment by Contractor for reasons
of race, sex, national origin, creed, age, physical handicap,
sexual orientation or religion.
ARTICLE 13. COMPLAINTS HANDLING
The Contractor shall refer complaint to the City's Contract Manager.
The Contractor will be informed of all complaints received by the
City and shall acknowledge receipt of the complaint by phone,
facsimile or electronic mail within twenty four (24) hours of
receipt. The Contractor shall respond in written form, after
investigation, with disposition, to the City within five (5) working
days after receipt.
ARTICLE 14. FARE COLLECTION
No passenger fares will be collected by the Contractor. The
ELECTROWAVE circulator shuttle service is free to the riders.
ARTICLE 15. SCHEDULES
Adherence to schedules is of utmost importance. Clocks should be
synchronized by calling the local telephone number 324-8811. Drivers
will be required to keep time records that indicate actual arrival
and/or departure times.
ARTICLE 16. COMMUNICATION SYSTEM
The Contractor's Communication System shall consist of a minimum of:
16.1 Telephone System
The Contractor shall make available sufficient telephone
capacity to ensure accessible communication between the City
and the Contractor's facility for the purposes of canceling
trip requests as well as handling other emergencies. Should
the City determine that telephone access is inadequate, the
Contractor must provide a dedicated telephone line.
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16.2 Two-Way Radio System or Alternative Two-way Communication
System
The Contractor, through a base station or a City approved
alternative communication system (e.g., mobile phones) is
required to be in regular radio communication with all
vehicles providing transportation service.
ARTICLE 17. STRIKES AND LOCKOUTS
Contractor shall endeavor to assure that the services set forth
herein are not disrupted by strikes, lock-outs, work stoppages,
sick-outs, picketing while working, slowdowns or other concerted
failure or refusal to perform assigned work by the Contractor's
employees. The Contractor shall use its best efforts to obtain from
the association representing the Contractor's employees a letter of
understanding agreeing to support the City fully in maintaining
operations in every way.
It is recognized by the parties that the City is responsible for
and engaged in activities which are the basis of the health and
welfare of our citizens and that any violation of this section
would give rise to irreparable damage to the City and the public
at large. Accordingly it is understood and agreed that in the
event of any violation of this section, the City shall be
entitled to seek and obtain immediate injunctive relief and all
other relief as provided by law and full costs associated with
restoring services plus administrative costs. In the event of a
strike, work stoppage, or interference with the operation and
accomplishment of the mission of the City, the Contractor and the
association representing the Contractor's employees shall
promptly and publicly order the employees to return to work and
attempt to bring about a prompt resumption of normal operations.
Contractor shall ensure that all City property is protected in
the event of a strike. Contractor shall ensure that the City has
access to all its property at all times. Access may be
accomplished by order of the City to the Contractor to deliver
all of its property to locations designated by the City within
twenty four (24) hours of such order or by providing safe and
uninhibited access to Contractor's premises by City employees to
remove City property.
The Contractor is required to prepare and implement contingency
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plans in order to maintain scheduled service levels in the event of
a labor strike. The Contractor shall submit a copy of these plans
within thirty (30) days of execution of this Contract by the
parties.
ARTICLE 18. EMERGENCY OPERATION. INCLUDING HURRICANES AND CIVIL
UNREST
In the event of any natural disaster such as hurricanes, floods,
or other acts of God or civil disturbances, the City shall notify
the Contractor if and when to suspend scheduled service for the
duration of such emergency. Service will be restored as directed
by the City in conjunction with the restoration of City services.
The Contractor will make available to the City all vehicles, drivers
and supervisory resources for emergency purposes per notification by
the City.
The Contractor is responsible for structuring work rules in order
to ensure that employees report to work, or in the event that
they are already at work, continue to perform their duties for
emergency related operations as directed by the City.
Compensation for expenses incurred during the emergency in excess
of the normal expense of operating shall be reimbursed by the
City.
ARTICLE 19. FORCE MAJEURE
Notwithstanding Articles 17. and 18. herein, the parties acknowledge
that the performance of the services to be provided may be delayed
or suspended while, but only so long as, either party is hindered in
or prevented from performance by acts of God, the elements, war,
rebellion, strikes, lockouts or any other cause beyond the
reasonable control of such party; provided, however, that if the
hindrance exceeds a period of thirty (30) days, the City may, at its
sole option and discretion, cancel or renegotiate this Contract.
ARTICLE 20. CITY FURNISHED PROPERTY
20.1 The City will deliver to the Contractor, for use in connection
with and under the terms of this Contract, City-furnished
property, including but not limited to the vehicle charging
equipment, vehicle storage and operations facilities, buses,
etc. together with any related data and information that the
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Contractor may request and is reasonably required for the
intended services. City-furnished property shall be used only
for performing this Contract, unless otherwise provided in this
Contract or approved by the City in writing.
20.2 The City may, at its sole option and discretion, by written
notice, increase or decrease the City-furnished property
provided or to be provided under this Contract; or substitute
other City-furnished property for the provision of the
services. The Contractor shall promptly take such action as the
City may direct regarding the removal, shipment, or disposal of
the property covered by such notice. The City and all its
designers shall have access at all reasonable times to the
premises in which any City-furnished property is located for
the purpose of inspecting the City-furnished property.
20.3 Title to City-furnished property shall remain with the
City. The Contractor shall maintain adequate property
control records of City-furnished property in accordance
with sound industrial practice.
20.4 Unless otherwise provided in this Contract, the Contractor,
upon delivery to it of any City-furnished property, hereby
agrees to assume the risk of, and shall thereafter be
responsible for any loss or damage thereto, except for
reasonable wear and tear.
The Contractor shall be responsible for loss or destruction
of, or damage to, the City-furnished property to be provided
under this Contract (including expenses incidental to such
loss, destruction, or damage) .
The Contractor shall, upon conclusion or termination of this
Contract, prepare for shipment, deliver F.G.B. destination, all
City-furnished property not consumed in the performance of this
Contract or not theretofore delivered to MBTMA, as may be
directed or authorized by the City.
20.5 Preventive Maintenance of City-Furnished Vehicles
For seven (7) City-provided electric shuttle vehicles, the City
of Miami Beach Fleet Maintenance Division will provide
preventive vehicle maintenance, other general maintenance and
service, and repairs as required by the vehicle manufacturer
(Advanced Vehicle Systems), and systems daily operations
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requirements. The City will provide the Contractor acceptable
proof of all maintenance and/or repairs performed on all City
electric shuttle vehicles.
ARTICLE 21. CONTRACT PRICE
The total Contract price shall not exceed $928,510 for services
rendered, plus $43,000 for Vehicle Liability Insurance and $20,000
for Physical Damage Insurance on the seven (7) City-owned electric
shuttle vehicles. The City shall have no obligation to pay the
Contractor any sum in excess of this amount nor does the City
guarantee the issuance of additional amounts against the total
Contract price.
ARTICLE 22. COMPENSATION
Requests for payment shall be in the form designated by the City's
Contract Manager and filed monthly by the Contractor with the same
Contract Manager. Each request shall be in invoice form, as provided
by City, and shall be attested to by an original signature of an
officer (if a corporation) or by a principal (if a partnership, sole
proprietorship or joint venture) of the Contractor.
22.1 Payment for Services. The City agrees to pay the Contractor
in the following manner:
The fixed costs shall be paid regardless of the number of
hours, and the variable costs shall be based on actual service
time. The fixed and variable costs applicable to this Contract
are set forth in Exhibit B. hereto. The Contractor will receive
payment within thirty (30)calendar days of receipt of a
properly completed and executed invoice.
The regular hourly rate established for this Contract also
covers start-up costs, all direct charges, overhead and
general administrative expenses and total compensation to
the Contractor for services provided, as also set forth in
Exhibit B. hereto.
22.2 Pricing Calculation - Time
22.2.1 Time is calculated from the beginning to the end of a
driver's scheduled work time.
22.2.2 Time will be calculated in ten (10) minute increments,
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based on actual service time. Portions of ten (10)
minutes will be rounded up to the next ten (10)
minutes.
22.3 Rate Change
After the initial two-year Contract term, and should the
Contract be renewed, the rates contained in this Contract as
the basis for payment for services shall be automatically
adjusted annually, on the anniversary date in which shuttle
services commence, as specified by the Notice to Proceed, by
the same percentage as the Department of Labor Consumer Price
Index (CPI) for Transportation for the Miami Beach Area, up to
a maximum of four percentage (4%) points.
If no publication is made for the month in which the
adjustment is to be made, the base shall be the last preceding
month for which publication is made. The index for the same
month shall be compared annually to determine the percentage
increase or decrease and the resulting percentage shall be
applied to the rates to be paid for the ensuing year. City
shall advise Contractor of any increase or decrease in rates
resulting from such computation and City shall pay the
Contractor the amount of such increase or deduct the amount of
such decrease retroactively to the effective date thereof. If
the Index is discontinued or replaced, or if the items
incorporated in the Index are revised, an equitable adjustment
will be made to result in developing a formula to be used to
permit an annual adjustment to reflect any decline in the
purchasing power of the payment schedule called for in this
Contract.
22.4 Price Adjustment for Regulatory Changes
If as a consequence of Federal, State or local legislation or
regulations that are promulgated and become effective after
the commencement of the services herein, Contract rate
adjustments are indicated, either upward or downward, change
in the Contract rate shall be negotiated between the City and
the Contractor. Such price adjustment shall be requested and
fully documented by the Contractor and may be audited by the
City or its authorized representatives where required.
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ARTICLE 23. LIOUIDATED DAMAGES
The City reserves the right to assess liquidated damages to be
applied against the Contractor's charges for services to the City as
follows:
23.1 Should Contractor or any service vehicle be shut down by a
cognizant authority, including the City, as a result of an
unsatisfactory rating by the Florida Department of
Transportation (FDOT), the City of Miami Beach Police
Department (MBPD), or other applicable regulatory authority,
and the vehicles shut down cannot legally operate, the City
shall penalize the Contractor until a satisfactory report is
obtained - $100.00 per vehicle per day.
23.2 Failure to obtain proper licenses and vehicle inspections
and/or failure to comply with FDOT/MBPD mandated requirements -
$100.00 per vehicle or driver, as applicable, per occurrence.
23.3 City reserves the right to review maintenance records, inspect
and reject temporarily or permanently, by notice to Contractor,
any Contractor-owned vehicle utilized which is deficient in
mechanical condition or appearance - $100.00 per occurrence.
23.4 Failure to respond to wheelchair lift service request within a
service day - $100.00 per occurrence.
23.5 Failure to properly tie down a wheelchair-bound client causing
the wheelchair to become unfastened from one of its tiedown
locations - $500.00 per occurrence.
23.6 Driver's action results in damage to the passenger doors/
exterior of a City-owned vehicle, necessitating replacement of
log%r artwork - $100.00 per occurrence.
23.7 Failure to collect data for the ELECTROWAVE and to submit
complete and accurate monthly summary report and billing by the
15th of the following month - $200.00 per month. Monthly
report figures must coincide with daily trip sheet totals for
the month.
23.8 Failure to operate the full complement of ELECTROWAVE vehicles
during any scheduled service - $100.00 per occurrence.
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23.9 Failure to submit accident reports to City's Contract Manager
within 24 hours of occurrence - $50.00 each occurrence.
23.10 Failure to maintain staff level of drivers and dispatch
personnel agreed upon between Contractor and City - $50.00 per
staff person each day there is a shortage of trained staff.
23.11 In the event of one or more valid passenger complaints related
to safety, serious operational deficiencies or discourtesy are
received by the City's Contract Manager are received in any
month - $100.00 per occurrence.
23.12 Failure of vehicle operator to wear proper uniform - $25.00
per occurrence.
23.13 The sum of liquidated damages (if any) will be deducted from
the monthly payments made to the Contractor. Whatever sum of
money may become due and payable to the City of Miami Beach by
the Contractor under this Article may also be retained out of
money belonging to the Contractor in the hands and possession
of the City. It is agreed that this Article shall be
construed and treated by the parties to this Contract not as
imposing a penalty upon said Contractor for failing fully to
complete said work as agreed to in this Contract, but as
liquidated damages to compensate the City of Miami Beach
because of the failure of the Contractor to complete said work
fully, as specified in this Contract.
ARTICLE 24. COORDINATION AND RESPONSIBILITIES
24.1 The City's Contract Manager will be the MBTMA Executive
Director or his/her designee, and the Contractor shall accept
instructions and approvals from the person so designated.
24.2 The Contractor shall submit in writing to the City, the name
of the Contractor Coordinator who shall be a designated
corporate officer or other individual employed by the
Contractor. The City will notify the Contractor if the
Contractor Coordinator is acceptable and approved.
24.3 The City will supply at no charge to the Contractor,
information, data, records, and maps within the control of
the City to accomplish the Contract objectives. The City
shall cooperate and provide such reasonable technical
assistance to the Contractor so as to facilitate the
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accomplishment of Contract objectives. Nothing contained in
this Article shall in any way relieve the Contractor from its
responsibility to perform the services called for in this
Contract.
24.4 The City may, at its discretion, at any time, place a City
staff person at the Contractor.s facility to monitor or
assist in the service delivery process. The Contractor shall
provide the City staff person with a desk or equivalent work
station and a dedicated telephone line at the dispatch site.
The Contractor shall provide the City staff person with any
and all information related to the Contract or service
delivery as requested.
ARTICLE 25. RECORDS. REPORTS AND DOCUMENTS
25.1 ReQuired Records For Contractors Providing Transportation
Services
The Contractor shall maintain such records and accounts
including property, personnel, and financial records as are
deemed necessary by the City to assure a proper accounting
for all project funds. The system of accounting for project
funds will be in accordance with Generally Accepted
Accounting Principles (GAAP) and practices, consistently
applied, and in accordance with any applicable local,
federal, state laws or regulations. Data items which the
Contractor will be required to submit to the City include,
but are not limited to:
(1) City provided original daily drivers. logs which may
include any of the following information:
a. Vehicle trip origin
b. Scheduled leave time
c. Actual leave time
d. Each timed stop scheduled time
e. Each actual arrival and leave time
f. Each trip destination
g. Scheduled arrival time
h. Actual arrival and leave times
i. Miles per vehicle trip (odometer readings)
j. Scheduled hours of service
k. Actual hours of service
1. Ridership per vehicle trip, if required
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m. Vehicle number
n. Driver's Name and Chauffeur Registration Number
(2) Monthly Invoice Form
(3) Cancellation and no-show logs
(4) Bi-monthly listing of vehicles to be used.
25.2 Ouarterly Reports
a. The Contractor is directed to file with the Miami Beach
Transportation Management Association, 301 41st Street,
Suite 502, Miami Beach, Florida 33140, attention Contract
Manager, quarterly reports due on or before the 10th day of
April, July, October and January, reporting the amount of
contract monies received from the City on this project.
b. The Contractor is required to file with the Miami Beach
Transportation Management Association, 301 41st Street, Suite
502, Miami Beach, Florida 33140, attention Contract Manager,
quarterly reports due on or before the 10th day of April,
July, October and January, reporting the amount of contract
monies received on private sector work.
25.3 Hurricane Plan
The Contractor shall develop and submit to the City for review
and approval a Hurricane Plan detailing procedures to be used
in event of a hurricane critically affecting the South Florida
area. The plan must establish directives and responsibilities
for ensuring effective coordination and execution of emergency
operation before, during and after a hurricane. The Hurricane
Plan shall be delivered to the Contract Manager or his/her
designee within sixty (60) days after execution of this
Contract by the parties.
25.4 Operations Manual
The Contractor shall develop and submit to the City for review
and approval an Internal Operations Manual detailing all
procedures to be used in the delivery of service. The Internal
Operations Manual shall be delivered to the Contracting Manager
within thirty (30) days after execution of this Contract by the
parties and updated thereafter as may be deemed necessary by
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the City and/or Contractor throughout the term of this
Contract.
25.5 System Safety Program Plan
The Contractor must provide to the City within thirty (30) days
after execution of this Contract by the parties, a System
Safety Program Plan (SSPP) and a Safety Certification as
required under Florida Statute 341.061 (2) (a) and FDOT Rule 14-
90. By January 15th of each succeeding Contract year, the
Contractor must re-certify their SSPP, in accordance with FDOT
Rule 14-90, with the City. Continuation of services under this
Contract will be contingent upon acceptance and approval by the
City of the Contractor's SSPP. From time to time the City may
require revisions to the SSPP, as required by local, State or
Federal requirements.
25.6 Forms
The City will also provide monthly invoice forms, complete with
instructions for use. The Contractor shall furnish copies of
all other forms and examples of record keeping to be used in
implementing this Contract prior to service implementation.
25.7 Delivery of Reports and Documents
The Miami Beach Transportation Management Association is the
designated repository for all reports and documents prepared by
the Contractor and submitted as part of this Contract. They
shall be delivered by the Contractor to the Contract Manager or
his/her designee.
Reports and documents are not to be released to any other
person or agency, without prior approval of the City except as
necessary for the performance of services specified herein. Any
public report or document developed under this program by the
City will be provided by the Contractor.
25.8 Ownership of Reports and Documents
All data prepared by the Contractor and provided to the City
under this Contract, including but not limited to reports,
plans, drawings, estimates, specifications, diagrams, computer
printouts, programs, and calculations as well as all materials
and data furnished to the Contractor by the City under the
26
provisions of this Contract shall be the property of the City;
provided however, that the Contractor may use the technical
content of such data and materials in the course of private
business.
25.9 Publication and Publicity
The Contractor may publish results of its function and
participation in this Contract, after prior review, comments
and concurrence of printing of the final draft by the City, and
that such publications acknowledge that the project is
supported by funds granted by the City of Miami Beach, FDOT,
any other agency participating as specified by the City and/or
MBTMA pursuant to the provisions and guidelines of same and
that three (3) copies of each such publication are furnished to
the City. All written releases, including plans and information
to be published in newspaper magazines, advertisements, etc.,
are to be channeled through the City for prior approval before
release.
ARTICLE 26. AUDIT AND INSPECTION OF RECORDS
The Contractor agrees that, during regular business hours, the City,
the State of Florida, the U.S. Department of Transportation, U.S.
Department of Labor and representatives of the Comptroller General
of the United States, or their duly authorized representatives shall
have the right to audit, examine, and make excerpts and transcripts
from the Contractor's records with respect to matters covered in
this Contract and to make audit of all contracts, invoice materials,
payroll records of personnel, conditions of employment, and other
data relating to all matters covered by this Contract during the
period of this work. All records must be kept for at least three (3)
years after the City makes final payment and all other pending
matters are closed. Records must be available in the City of Miami
Beach, Florida within 48 hours after a request is made.
ARTICLE 27. DISALLOWANCE
In the event funds paid to the Contractor under this Contract are
subsequently properly disallowed by City, or State agencies within
three years because of accounting errors or charges not in
conformity with this Contract, the Contractor shall refund such
disallowed amounts to the City promptly.
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ARTICLE 28. REGULATORY REOUIREMENTS
Prior to commencement of the services and, thereafter, throughout
the term of the Contract, the Contractor shall be responsible for
obtaining permits, certificates, and/or licenses (as applicable), as
required by the City, County, State, and Federal agencies and will
maintain such permits, certificates, and licenses current during the
term of the Contract. In no event will the Contractor commence (or
continue to perform) the services until any and all applicable
regulatory permits, certificates, and licensing requirements are
satisfied.
ARTICLE 29. TERMINATION FOR CONVENIENCE
THE CITY MAY AT ANY TIME, AT ITS SOLE DISCRETION, WITHOUT CAUSE,
TERMINATE THIS CONTRACT ALL, OR IN PART, FOR ITS CONVENIENCE, UPON
THIRTY (30) DAYS WRITTEN NOTICE TO THE CONTRACTOR. IN THE EVENT OF
SUCH TERMINATION, THE CITY SHALL CALCULATE THE OUTSTANDING PAYMENTS
DUE THE CONTRACTOR IRRESPECTIVE OF THE MANNER IN WHICH PAYMENTS ARE TO
BE MADE UNDER THIS CONTRACT. ALL PAYMENTS MADE TO THE CONTRACTOR SHALL
BE THE TOTAL EXTENT OF THE CITY'S LIABILITY TO CONTRACTOR UPON A
TERMINATION AS PROVIDED IN THIS ARTICLE. IF AFTER SUCH CALCULATIONS
HAVE BEEN PERFORMED, THE SUM OWED THE CONTRACTOR IS LESS THAN THE
AMOUNTS PAID UNDER THIS CONTRACT, THE CITY WILL NOTIFY THE CONTRACTOR
OF THE AMOUNT OWED TO THE CITY, WHICH SHALL IMMEDIATELY BE REMITTED TO
THE CITY.
ARTICLE 30. TERMINATION FOR CAUSE
The Contractor will be in default under the Contract if it commits a
breach of the Contract deemed material by the City, said breach to be
determined material at the City's sole discretion and determination.
Where such a default occurs the City may terminate the Contract and,
additionally, suspend the Contractor from doing business with the City
for a period of one year. The City may also require the Contractor to
reimburse the City for the re-procurement cost incurred by the City as
a result of re-awarding or completing the contract.
The City may, at its sole discretion, waive a default by the
Contractor, but no such waiver, and no failure by the City to take
action, shall be deemed a waiver of any subsequent default.
Notwithstanding the above, the Contractor shall be entitled to written
notice by registered or certified mail of alleged violations and be
given fifteen (15) calendar days to correct any violation. Should the
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violation not be corrected to the City's satisfaction, within the
fifteen (15) calendar day period, the above termination shall be
effectuated.
ARTICLE 31. ASSIGNMENT
The Contractor shall not enter into any subcontracts, retain
consultants, or assign, transfer, convey, sublet, or otherwise
dispose of the ensuing Contract or any or all of its rights, title
or interest herein, or its power to execute such contract to any
person, company or corporation without the prior written consent of
the City. Consent of the City does not confer upon the sub-
contractor any direct right of action against the City or involve
the City in any expense.
ARTICLE 32. PERSONNEL
In submitting their Statement of Qualifications, Contractors are
warranting that the personnel in their Statement of Qualifications
shall be available to perform the services described, barring
illness, accident or other unforeseeable events of a similar nature
in which case the Contractor must be able to provide a qualified
replacement. All replacements must be approved by the City prior to
providing services. Furthermore, all personnel shall be considered
to be at all times, the sole employees of the Contractor under its
sole direction, and not employees or agents of the City.
ARTICLE 33. CONFLICT OF INTEREST
33.1 The Contractor shall not be an employee of the City of Miami
Beach.
33.2 No member, officer or employee of the City during their tenure
or for two years thereafter shall have any interest, direct or
indirect, in this Contract or the proceeds thereof.
33.3 The Contractor warrants that no person or company has been
employed or retained to solicit or secure this Contract upon a
contract or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees;
nor has the Contractor paid or agreed to pay any person,
company, corporation, individual or firm other than a bonafide
employee, any fee, commission, contribution, donation,
percentage, gift or any other consideration, contingent upon,
or resulting from award of this Contract. For any breach or
29
violation of this provision, the City shall have the right to
terminate this Contract without liability and, at their
discretion to deduct from the Contract price, or otherwise
recover, the full amount of such fee, commission, percentage,
gift or consideration and any other damages and shall be
responsible for reporting the details of such breach or
violation to the proper legal authorities, where and when
appropriate.
No employee, officer, or agent of the City shall participate
in selection, or in the award or administration of this
Contract if a conflict of interest, real or apparent, would be
involved. Such a conflict would arise when:
a. the employee, officer or agent,
b. any member of his immediate family,
c. his or her partner, or
d. an organization that employs, or is about to employ, any of
the above, has a financial or other interest in the firm
selected for award.
City officers, employees or agents shall neither solicit nor accept
gifts, gratuities, favors or anything of monetary value from
contractors, potential contractors, or parties to subcontracts.
ARTICLE 34. NON-EXCLUSIVITY
The City reserves the right to directly contract with other public,
private for-profit or non-profit transportation providers for serVlces
and to perform the function of a transportation Contractor at any time
The City reserves the right to solicit at any time vendors wishing to
participate in the provision of transportation services at the sole
discretion of the City. The City further retains the right to enter
into contractual arrangements with other parties to meet the
transportation needs of the public.
ARTICLE 35. RULES. REGULATIONS. LICENSING REOUIREMENTS
The Contractor shall perform its obligations hereunder in compliance
with any and all existing and future laws, statutes, ordinances,
codes, rules, regulations and procedural requirements, whether
30
Federal, State, or Local which are applicable to or in any manner
affect the performance of this Contract and the services contemplated
herein, especially those applicable to conflict of interest and
collusion. The Contractor is presumed to be familiar with all Federal,
State and local laws, statutes, ordinances, codes, rules and
regulations, that may in any way affect the services, especially
Executive Order No. 11246, entitled "Equal EmploYment Opportunity" and
as amended by Executive Order No. 11375, as supplemented by the
Department of Labor Regulations (41 CFR, Part 60), FDOT Rule 14-90,
Prevention of Prohibited Drug Use In Transit Operations (49 CFR Part
653), Prevention of Alcohol Misuse in Transit Operations (49 CFR Part
654), the Americans with Disabilities Act of 1990 and implementing
regulations, the Rehabilitation Act of 1973, as amended, Chapter 553
of Florida Statutes and any and all other local, State and Federal
directives, ordinances, rules, orders and laws relating to people with
disabilities.
Ignorance on the part of the Contractor will in no way relieve it from
responsibility.
ARTICLE 36. AVAILABILITY OF CONTRACT TO OTHER CITY DEPARTMENTS
Although this Contract is specific to a City Department, it is hereby
agreed and understood that any City department or agency may avail
itself of this Contract and purchase any and all services specified
herein from the Contractor at the Contract price(s) established herein
or obtained through the procedure. Under these circumstances, a
separate Purchase Order shall be issued by the City which identifies
the requirements of the additional City department(s) or agency(ies).
ARTICLE 37. WAIVERS
No delay or omission to exercise any right or power accruing upon any
default, omission or failure of performance hereunder shall impair any
such right or power or shall be construed to be a waiver thereof, but
any such right and power may be exercised from time to time and as
often as may be deemed expedient. In order to entitle the City to
exercise any remedy reserved to it in this Contract, it shall not be
necessary to give any notice, other than notice as may be herein
expressly required. In the event any provision contained in this
Contract should be breached by the Contractor and thereafter duly
waived by the City, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other breach
hereunder. No waiver, amendment, release or modification of this
Contract shall be established by conduct, custom or course of dealing,
31
but solely by an instrument in writing duly executed by the City.
ARTICLE 38. LITIGATION JURISDICTION/VENUE
This Contract shall be enforceable in Dade County, Florida, and if
legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein exclusive
venue for the enforcement of same shall lie in Dade County, Florida.
ARTICLE 39. LIMITATION OF CITY.S LIABILITY
The City desires to enter into this Contract only if in so doing the
City can place a limit on the City'S liability for any cause of action
for money damages due to an alleged breach by the City of this
Contract, so that its liability for any such breach never exceeds the
sum of $10,000. Contractor hereby expresses its willingness to enter
into this Contract with Contractor's recovery from the City for any
damage action for breach of contract to be limited to a maximum of
$10,000.
Accordingly, and notwithstanding any other term or condition of this
Contract, Contractor hereby agrees that the City shall not be liable
to the Consultant for damages in an amount in excess of $10,000.
Nothing contained in this paragraph or elsewhere in this Contract is
in any way intended to be a waiver of the limitation placed upon the
City's liability as set forth in Section 768.28, Florida Statutes.
ARTICLE 40. RFP AND PROPOSAL INCORPORATED BY REFERENCE
RFP No. 40-96/98 for Management and Operation of Shuttle Services,
together with all amendments thereto, and Contractor's proposal in
response thereto, are hereby incorporated by reference into this
Contract. In construing the rights and obligations between the
parties, the order of priority in case of conflict between the
documents shall be as follows:
1. This Contract.
2. The other Exhibits to this Contract.
3. RFP No. 40-96/98, together with all amendments thereto.
4. Contractor's proposal in response to the RFP.
32
IN WITNESS WHEREOF, the parties have executed this agreement
effective as of the date first herein above set forth.
RED TOP TRANSPORTATION, INC.
ATTEST:
By, ltlJl~7
Secretary .
By:
;JJl~
Louis R. Cicerone
President
(SEAL)
CITY OF MIAMI BEACH, FLORIDA
By:
~f~
City Clerk
ATTEST:
(opcontl)
APPROVED /IS TO
FORM & lANGUAGE
& FOR EXeCunON
...
~
33
EXHIBITS
A. ELECTROWAVE route and stop locations
B. Red Top Transportation, Inc., Operations Budget
for ELECTROWAVE.
C. Perfo~ance Bond Fo~ (from RFP No. 40-96/98).
D. Insurance Requirements and Checklist (same RFP) .
E. Disability Nondiscrimination Affidavit.
F. List of City-Provided Vehicles.
NOTE: This Contract does not include vehicle
maintenance services, maintenance parts and
materials, electricity, or propane fuel.
34
I~
'. ........'.: :.... . . . "'.::\~~.':,: :
.' ,....~... .
. ~:." ,:
. ~. '",0:';. .
. . .
'.' ."
. ..'
.... ......,'; .~.
:'",
Atlantic
Ocean
Biscaync
Bay
PROPOSAL I-Ago 6 or 10
PROPOSAL FORM - COST j)'ROPOSAL
YEAR ONE
ELECfRIC WAVE COST BASED ON 35,3.60 .
FIXED' COST
Labor:
. .
Managcme~t Salaries
Dispatch Salaries
PIR Taxes
Health lng.
Incentive
.Benefits: .Workers Compensation Insur.am:c
F.cllltit:t:
Telephone
Mainte~.ce Tools & GquipTTH:nt
Two Mini-Bus~ I Back-up
Auto AHoV(' for Supervisor & Safety
. . ';
Other eost:
Radio Main'tCnlUlCC
Supplies O~ce I MisceUaneous
Physicals I Drug Screens
Recru1ttnent .. . ..
Misc.1 Other (CopicrlFax/FurIlUurelEtc.)
Uniforms
IDlonnee " Doud"
"
TOTAL FIXED COST
FIXED MONTHLY RATE
RFP No.: 40-96/97
Date: 3/5197
. .
. " :: .
. ::: ....::..:. '.:'..
. . .';.:-.: . .:.. .:. .
.:::.:.:"::.? :<~~'. :':', :.:..(.~
$ fr.~...4D.(t
9.4.600
.18,300.
.9).00
-'Z.85,O
23,550
.-3.600..
-.11::
- 0=
5,2QO.
-0-
~&OO..
S .0.00
1.50Q.
4000
5.000.
71,..1\00
S133..4oo
S 21.18.J.
'.
~j.
SERVICE HOURS
EXHIBIT B
,
Manager I Safety
1li.AOO. 26.000
....
I
... :
1.
.
. ..
, ,
I'ROI'OSAL PAGr~ 7 OF 10
VA~I ^ F;Le." C{)~TS
Labor:
.. .
Driver', Wages
, BcucfitJ:
Payroll Taxes
Hoolth Insuronce
Other Specify (lnc~l\livc)
Workers Compensation IIl~urance
OverheAd and prom.
Total variabl- c:o.t:
Variable
TOTAL COST (Monthly)
ANNUAL CONTRACT COST
(All services combined)
REGULAR HOURLY RATE
HOUIU..Y RATE fl'OR OUT-O}t'
CONTRACT SERVICIt:S PERJi'OUMED
OUTSIDE NORMAL OrEllA TING
nOURS
"
RFP No.: 40-96197
DATE: 3/5/97
..
$ 368,160.
42,900.
26.000.
18,40.0"
5.5..250,
84.400,
595,110.
S 49,592.
$ 928.ll0.
s_1.6.25
$__31.QO
CITY or MIAMI BEACH
56
.-. -- ---
EXHIBIT C
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that
as Principal, hereinafter called Contractor, and
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Miami Beach,
Florida, as Obligee, in the amount of
($ ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated
entered into a Contract with Owner for:
RFP NO. 40-96/98, MANAGEMENT AND OPERATION OF TRANSIT SERVICES"
in accordance with the tenns and conditions of said Contract, which is hereby referred to and
made a part hereof as if fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the above bounded Principal shall well and truly keep, do and perform each and every, all
and singular, the matters and things in said Contract set forth and specified to be by said
Principal kept, done and performed, at the times and in the manner in said Contract specified,
or shall pay over, make good and reimburse to the above named Obligee, all loss and damage
which said Obligee may sustain by reason of failure or default on the part of said Principal
so to do, then this obligation shall be null and void; otherwise shall remain in full force and
effect, subject, however, to the following conditions:
Any suit under this bond must be instituted before the expiration of two (2) years from the
date on which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than the Obligee named herein or the heirs, executors, administrators or successors of
the Obligee.
Contract Bond Fonn
January 1989
RFP NO.:
DATE:
40-96/98
3/5/97
CITY OF MIAMI BEACH
20
In WITNESS WHEREOF, the above bounden parties have caused this Bond to be
executed by their appropriate officials of the day of
Witnesses:
PRINCIPAL
(If sole Proprietor or partnership)
(Firm Name)
By
Title:(Sole Proprietor or partner)
PRINCIPAL (If Corporation)
(Corporate Name)
By
(President)
Attest:
(Secretary)
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
SURETY:
(Copy of Agent's current
License as issued by State of
Florida Insurance Commissioner
.
shall be attached hereto)
BY:
RFP NO.:
DATE:
40-96/98
3/5/97
CITY OF MIAMI BEACH
21
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as
Principal in the foregoing bond; that who signed the said bond on behalf
of the Principal, was then of said Corporation; that I know hislher
signature, and said signature hereto is genuine; and that said bond was duly signed, sealed, and
attested for and in behalf of said Corporation by authority of its governing body.
Secretary
Corporate
Seal
ACKNOWLEDGMENT OF ATTORNEY -IN-F ACT SURETY
STATE OF FLORIDA)
55
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
, who says that (s)he is the Attorney-in-Fact for the
(Surety) and that (s)he has been authorized by the Surety to execute
the foregoing bond on behalf of the Surety named therein in favor of the City of Miami Beach,
Florida. Said person is _ personally known to me, or _ has produced (specify type of
identification, l.e., driver's license and number, state of issue,
etc.) and
_did take an oath, or _ did not take an oath attesting to the truth and correctness of the
statements made.
WITNESS my hand and official seal, at the County and State aforesaid, on the day and year
aforesaid.
(Attach Power of Attorney)
Notary Public
State of Florida-at-Large
My commission Expires:
RFP NO.:
DATE:
40-96/98
3/5/97
CITY OF MIAMI BEACH
22
EXHIBIT D
B. INSURANCE REQUIREMENTS
See Insurance Check List for applicability to this contract.
A. The Contractor 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 Contractor 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
Contractor is acting as an independent contractor.
B. The Contractor, at all times during the full duration of work under this contract, including extra
work in connection with this project, shall meet the following requirements:
I. Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Florida.
2. Maintain Commercial General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the Contractor in the interest of the City against all risks of injury to
persons (including death) or damage to property wherever located resulting from any action or
operation under the contract or in connection with the work. This policy is to provide coverage for
premises/operations, independent contractor, broad form property damage, products/completed
operations and contractual liability .
3. Maintain Automobile Liability Insurance including Property Damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work.
4. Maintain any additional coverage required by the City as indicated on the Insurance Check
List.
5. Name the City of Miami Beach as an additional insured on all liability policies required
by the Contract. When naming the City of Miami Beach as an additional insured, the insurance
companies shall agree and will endorse the policies to state that the City will not be liable for the
payment of any premiums or assessments.
6. No change or cancellation in insurance shall be made without thirty (30) days written
notice to the City.
7. All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida, and those companies must have a rating of at least B+: VI or better per
Best's Key Rating Guide, latest edition.
RFP NO.:
DATE:
40-96/98
3/5/97
CITY OF MIAMI BEACH
23
8. Original signed Certificates ofInsurance, evidencing such coverage and endorsements as
required herein, shall be filed with and approved by the City before work is started. The certificate
must state Bid Number and Title. Upon expiration of the required insurance, the contractor must
submit updated certificates of insurance for as long a period as any work is still in progress.
9. It is understood and agreed that all policies of insurance provided by the Contractor are
primary coverage to any insurance or self-insurance the City possesses that may apply to a loss
resulting from the work performed in. the Contract.
C. The liability insurance coverage shall extend to and include the following contractual indemnity
and hold harmless agreement:
"The Contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal
corporation, its officers, agents, and employees from all claims for bodily injuries to the public in
and up to the amount of $1,000,000 for each occurrence and for all damages to the property of others
in and up to the amount of $1 ,000,000 for each occurrence per the insurance requirement under the
specifications including costs of investigation, all expenses of litigation, including reasonable
attorney fees and the cost of appeals arising out of any such claims or suits arising out of any and
all acts or omissions by the Contractor, its agents, servants, or employees, or through the mere
existence of the project under contract."
The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and
suits arising out of the sole and exclusive negligence of the City, its officers, agents, and employees,
as determined by a court of competent jurisdiction.
1. The Contractor will notify its insurance agent without delay of the existence of the Hold
Harmless Agreement contained within the Contract, and furnish a copy of the Hold Harmless
Agreement to the insurance agent and carrier.
2. The Contractor will obtain and maintain contractual liability insurance in adequate limits
for the sole purpose of protecting the City under the Hold Harmless Agreement from any and
all claims arising out of contractual operations. .
D. All policies issued to cover the insUrance requirements herein shall provide full coverage from
the first dollar of exposure and shall be made available to the City upon request to the Contractor.
No deductibles will be allowed in any policies issued on the Contract unless specific safeguards have
been established to assure an adequate fund for payment of deductibles by the insured and approved
by the City.
E. Compliance by the Contractor with the foregoing requirements as to carrying insurance and
furnishing copies of the insurance policies shall not relieve the Contractor of its liabilities and
obligations under any Section or provision of the Contract.
RFP NO.:
DATE:
40-96/98
3/5/97
CITY OF MIAMI BEACH
24
F. Insurance coverage required shall be in force throughout the contract term. Should the Contractor
fail to provide acceptable evidence of current insurance within seven days of receipt of written notice
at any time during the Contract term, the City shall have the right to consider the Contract breached
and declare a default by the Contractor.
G. If the Contractor does not meet the insurance requirements of the specifications, alternate
insurance coverage, satisfactory to the City, may be considered.
RFP NO.:
DATE:
40-96/98
3/5/97
CITY OF MIAMI BEACH
25
DISABILITY NONDISCRIMINATION AFFIDAVIT
EXHIBIT E
CONTRACT REFERENCE
NAME OF FIRM, CORPORATION, OR ORGANIZATION
AUTHORIZED AGENT COrvfPLETING AFFIDAVIT:
PHONE NUMBER ( )
.;.. ."--
POSITION
I,
, being, duly first sworn state:
That the above named firm, corporation or organization is in compliance with and agrees 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 Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-
12213 and 47 U. S. C. Sections 225 and 611 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 Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Signature
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on
by
(Date)
. He/She is personally known to me or has
(Affiant)
presented
as identification.
(Type of identiiication)
(Signature of Notary)
(Serial Number)
(print or Stamp Name of Notary)
(Expiration Date)
Notary Public
(State)
Notary Seal
The City of Miami Beach will not award a contract to any firm, cOl"Roration or organization that fails to complete and submit this
Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit on file with the City of Miami
Beach.
EXHIBIT F
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