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HomeMy WebLinkAboutFranmar Corp. Contract C~H CfJI/Ob ~ MIAMI BEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVERS FOR THE CITY'S SUMMER PROGRAMS CONTRACT NO.: 10-05-06 EFFECTIVE DATE(S): Upon Contract Execution (May 2006) until September 30, 2007 with two (2) additional one (1) year renewal options, at the City's discretion. SUPERSEDES: None CONTRACTOR(S): FRANMAR CORPORATION A. AUTHORITY - Upon affirmative action taken by the City Commission of the City of Miami Beach, Florida, on April 11, 2006, a Contract was approved for award and subsequent execution between the City of Miami Beach Florida and FRANMAR COP ORATION. B. EFFECT - This Contract is entered into to provide for the rental of eight (8) 65-Passenger School Buses with Drivers for the City of Miami Beach Recreation Department to transport playground and youth center participants throughout Miami Dade, Broward and Palm Beach Counties for various field trips during the City's Summer recreational programs. Therefore, all required services shall be made under the terms, prices and conditions of this Contract, Bid No. 10-05/06, all addenda thereto, and CONTRACTOR's bid response. C. ORDERING INSTRUCTIONS - All standing orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All Standing Orders shall show the City of Miami Beach Contract Number (10-05/06). D. CONTRACTOR PERFORMANCE - City of Miami Beach Departments shall report any vendor failure to perform according to the requirements of this Contract to the Procurement Director 305-673-7490. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. Page 2 Certification of Contract F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS - Excellent Customer Service is the standard of the City of Miami Beach. As contract employees of the City, CONTRACTOR's employees will be required to conduct themselves in a professional, courteous and ethical manner at all times and adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR - CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its officers, employees or agents shall act as officers, employees, or agents ofthe CITY. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 2 Page 3 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 Attn: Gus Lopez. Procurement Director For CONTRACTOR: Franmar Corporation Attn: Dore Pollock 19301 SW 108 Avenue Miami. Florida 33157 L. MATERIALITY AND WAIVER OF BREACH - CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in this Contract, Bid No. 10-05/06, and all addenda thereto, is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 Page 4 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract shall be enforceable in Miami-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 Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all subcontractors to the provisions of this Contract. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the CITY and CONTRACTOR. P. All documents shall be executed satisfactorily to the CITY and until Insurance Certificates have been filed and approved, this Contract shall not be effective. Q. This Contract, Bid No. 10-05/06, and all addenda thereto, and CONTRACTOR's bid response shall comprise the entire Agreement between CITY and CONTRACTOR. 4 Page 5 Certification of Contract AGREEMENT r- THIS AGREEMENT made this q' day of YrL ~20 0 ~ A.D. between the CITY OF MIAMI BEACH, a FI~cipal corporation, h einafter referred to as the City, which term shall include its successors and assigns, and Franmar Corporation 19301 SW 108 Avenue Miami. Florida 33157 (also referred to as Contractor) Estimated Annual Contract Amount: $84.960.00. IN WITNESS WHEREOF the said City has caused this Certification of Contract to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. By ~(l~rA Signature of Authorized Corporate Officer Mayor David Dermer CONTRACTOR DORt:- /)o!LoJ 11 f Print Name /Title S /Cj IDb Date ' Date AT~t PtU~ ATTEST: ~~ Signature ~anCt0u }\aA;l\e \ \~ Print Name/Title City Clerk , Robert Parcher ceo 5 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 L~ _,.._,........__.... 0' FRANM-1 01/11/06 PRODUCER. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kahn-Carlin & Company, Inc. 1I0LVER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3350 S. Dixie Highway ALTER THE COVERAGE AFFORDED BY TtIE POLICIES BELOW. Miami FL 33133-9984 phone: 305-446-2271 Fax:305-448-3127 INSURERS AFFORDING COVERAGE NAIC. INSURED INSURER A: .~ricaa IDteraatioaal Group INSURER B: Franmar ro~oration INSURER C: Dare Pol oc P~ B7x 970783 INSURER 0: M am FL 33197-0783 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NIIMED ABOVE FOR TIlE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH HilS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT ro ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DA~ ~MMIDIriYi DATE'MMIODlYVin LIMITS GENERAl LIA8LITY , EACH OCCURRENCE $ I COMMERCIAl.. GF.,IlERAL LIABILITY PREMISES lEa occ:urence) $ I CLAIMS MADE 0 OCCUR MED EXP (Any 008 person) $ - PERSONAl.. & ADV It/JURY $ - GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPnS PER: PROOUCTS " COMPIOP AGG $ I POLICY n ~~ LOC ~OM08LE lIA8ILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - J~Z!: - ALl OWNED AUTOS ) BODILY INJURY $ SCHEDULED AUTOS (Per person) I-- I-- HIRED AUTOS BODILY INJURY $ NON-OWNED AUYOS ~, (Per accldenl) f-- ~ rp'fj I-- PROPERTY DAMAGE (Per accldent) $ GARAGE LlABLITY AUTO ONLY" EA ACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONLY: Aoo $ EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $ :=J OCCUR 0 CLAIMS MADE AGGREGATE $ $ ==i DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND hORY LIMITS I IVER" A EMPlOYERS" LIA8ILITY 2922824 01/01/06 01/01/07 $ 100,000 ANY PROPRIETOIWARTNERlEXECUTIVE E.L. EACH ACCIDENT OFFICERlMEMBER EXCLUDED? E.L. DISEASE" EA EMPLOYEE $ 100,000 If .m' deIcrIbII under $500,000 S EClAt. PROVISIONS beI~ E.L. DISEASE" POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS . City of Miami Beach 1700 Convention Center Drive Miami Beach FL 33139 CANCELLATION MIAM -19 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE T1IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICe TO TilE CERTIFICATE HOLDER NAMED TO THE LI!FT, BUT FAILURE TO DO SO SHAlL IMPOSE NO OBLIGATION OR LIABLITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE$. AUT ED nEP ESE o ACORD CORPORATION 1988 CERTIFICATE HOLDER ACORD 25 (2001108) ..Ian ::11 U6 02:40p p.i:: CERTIFICATE OF INSURANCE sucH INSURANCE AS RESPEcTS THE INTEREST OF THE CERnFlCATE HOLDER Will. NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERT1FICATE HOLDER NAMED BELOW, BUT IN NO EVENT SHALL THIS CERnFICATE BE VALID MORE THAN 30 DAYS FROM lltE DATE WRITTEN. THIS CERnFICATE OF INSURANCE OOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. ThIs certifies that: mI STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or o STATE FARM FIRE AND CASUAL 1Y COMPANY d Bloomington, Illinois has coverage in fon:e for the following Named Insured as shown below : Named Insured FRANMAR CORP Address of Narnedlnsw8d PO BOX 970783 MIAMI. FL 33197 POliCY NUMBER EFFECTIVE DATE OF POlICY DESCRIPTION OF VEHICLE LIA8IUTY CO\/ERAGE UMrTS OF UABlUTY a. Bodily Injury Each Person a. BodIly Injury Each Accident b. Property Damege c. BodIy Injury & Pnlperty DImage Single LlmIt Each Accident PHYSICAL DAMAGE COVERAGES a. b. CoIllBion EMPLOYER.S N()N.()iWNERSHIP COVERAGE HIRED CAR coyERAGE _1...... 871Dt12OOH710112G06 $1,000,000.00 ~yES []ves ONO DNO DyES DNO NO Dves DNO AGENT 6618 1131~ Title Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent ,- I ,- ---, I CITY OF MIAMI BEACH RICHARD G. KING INSURANCE AGENCY, INC 1700 CONVENTION CENTER DR. 18497 S. DIXIE HIGHWAY MIAMI BEACH Fl33139 MIAMI. Fl33157 L 305-235--3633 ~ L I , ---! Check if a permanent Certificate of Insurance for liability coverage is needed: 0 Cheok if lhe C8l1ific8te Holder should be added as an AddiIioIl8Ilnsur8d; 18I Remarks: RENTAL OF (8) 65 PASSENGER SCHOOL BUSES WITH DRIVER FOR CITY'S SUMMER PROGRAM. (BID NO:10-05106). 158-<M30.2 Rev. 9-84 PrInbIcIln V.SA ""1..'" II .U"",... "". "''''''VI'''''''''''' This certifies that 0 STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois o STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario 181 STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida o STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder FRANMAR CORP. Address of policyholder PO BOX 970783 MIAMI, FL 33197-0783 Location of operations 19301 SW 108TH AVE, MIAMI, FL 33157 Description of operations School buses The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these. polic!es is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have beellleduced by any paId c1alllls. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period) Comprehensive . BODILY INJURY AND , 98-Q6-2737-6 B Business Liability AUG-16-05 : l\UG-16-06 PROPERTY DAMAGE ..-------.---------------.--.- - ~ - P<OdUCis --COmpjejeii Opom.';;'-, -- -- - - - - - -~ - - -- no no -- This insurance includes: 181 Contractual Liability 181 Undergn>tl<ld Hazard Coverage ~.k:. Each Occurrence $ ] ,000,000 181 Personal Injury 181 Advertising Injury General Aggregate $ 2,000,000 181 Explosion Hazard Coverage ~ 1 p,ftJh Products - Completed $ 2, 000, 000 181 Collapse Hazard Coverage o . Operations Aggregate 0 POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit) o Umbrella Each Occurrence $ o Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation - and Employers Liability Each Accident $ , Disease Each Employee $ , , , Disease - Policy Limit $ , POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder Name and Address of Certificate Holder 30 days before cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents or represe~ ......~....., , SIg ure of AuthorIzed. Agent 9/9/05 Title Date Agent's Code Stamp AFO Code 1"600 558-994 8.3 04-1999 Prinled in U.S.A. RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID #10-05/06 -r.'A f\ N JYl f'\- ~_ C () I~ eo R ~-h all Company Name: Bid Proposal Page 1 of 2 OPTION A We plOlh)Se to provide eiyht (0) air eOlllliliollCd, G!J pi1SS(~Il~WI scllllol buses willi drivers for the City's SlIIlI/ner PlOglClIIIS in CICCO' u8m.:e willi tile I equil ed (ell liS elml cunditions of these Bid Documents. DAIL V RATE QTV PER BUS/DRIVER UAVS TOTAL .DESCRIPTION BuslDriver $ x 8 x 36 $ OPTION.S We prow'se to provide four (4) air conditioned, and fOlll" (.1) lion-air cOllllitiolled, 65-passenger school buses with drivers for the City's SlIIllIller P'OYIClIIIS in clCColdcUlce wilh the required tel illS and conditions of these Bid Documents. DESCRIPTION DAILY RATE aTY PER BUSIDRIVER DC U^Y~ TOTAL x 8 36 (rO ~Lf Cf &0 ..--- . , Bus/Driver $ 1Cf.6 x $ NOTE: Tile City reserves the right to award either Oplion ^ or Option B at its own discretion. NOTE: r':ates for addiliollaluuse5 51 mil be Im~cd 011 Ille dnily I nles illllicnled Oil Ihe Aid Proposal form. , , , . . January 27, 211.l6 CUy of MIami Beach Bid No: 10.05106 22 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID #10-05/06 Bid Proposal Page 2 of 2 PAYMENT TERMS: NET 30. If other, specify here SIGNED: ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: p () a E F:> () (I () c t COMPANY NAME: 'f' A f-\- tJ m tt R C () ~ p M~ 1~{Jt (I certify that I am authorized to execute this proposal and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Amendment NO.1: 2!1..2.../0/d Amendment No.2: , 1 InsertA>ateL. J/ (Il/Li flff.,-(2G-'( Amendment NO.3: Amendment No.4: Insert Date Insert Date I nsert Date NAMElTITLE(Print): ADDRESS: 1) () R-c '-:)0 LL 0 c k I V. ('=>. l q 3 (} I ~ ~J I 0 Uve mIll-In ( I f l~zIP: .~3 I 5"" 7 . ( ~ 051 J.- ~ ~ 50 g<..: ('305) .J-~-~. 040.-7 ~ 1'- 11 / ~ '7 ~ ( CITY/STATE: TELEPHONE NO: FACSIMILE NO: FEDERAL 1.0.#: January 27. 2006 Cily of Miami Beach Bid No: 10-05106 23 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID # 10-05/06 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name /fl;(l/'YJ/ iJeac h ~ ,/<5. of Kecrea It"Or1 ~f>t-. Address 2?tJO Sher,dCi./J /9ve. IJlN;"~1 lJeac/? Ii 33/3 / / Contact Person/Contract Amount E / / e/? V;..lIYa.S Telephone No. 3{1<- toe; -1~()Z Fax No. ,.1ch-- 0?3 - 7/~-q 2) Company Name R a17S0fV1 C~Jefj'/Clde?s' Address 20<1-5""" Soulh BavsAt?re .lJ,/ve.Ma/YJ1 33 iJ3 r / Contact Person/Contract Amount /thCJc-l vJ/J7 / I-h , , Telephone NO.r3dr 2~O f:.Jr-O Fax No. ,3o.JR_5~ JS'4~ Company Name )Jete! ~ (j, U /1 fy Rib /1 c S'choo /s . .) (5"c..<.H-.~.Jr,?sf 7i>r/l-'1/ '"Ia../ Address "15401 SL.J //7 /}t/(i'/)t(e. /?/H2P>/" .33/'7'7 / " Contact Person/Contract Amount Jerr}/ k/el,~ (j)jreefor of 7;-a/lsl't'rich'o0 Telephone No. 3~ 2.34 33"5" Fax No. ,30S""-Z\/-8'S-tJ2... 3) 4) UIe~f;n/1Slfer ChoshCit1 1::/7//01 ~c?SS- Std /S2 J"'n-e-ef !7J/drvJi 33/j-7 / ,- ,- Contact Person/Contract Amount PJ e +h -f 'r' e n L A Address Company Name Telephone No. 30...\- 23;3 - 2030 Fax No. 3oS- - 232 - 4S 47 Jenuary 27,2006 CIly of Miami Beach Bid No: 10-05106 25 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES Willi DRIVER FOR HIE CITY'S SUMMER PROGRAMS BID # 10-05/06 5) CUSTOMER REFERENCE LISTING (CONTD.) Company Name ~i((JSa.. ~rk.!:, C},~H ler-, U/~rk fl/Ylef/~ ~ !t1e.- Address :it) Q) Ils cayne.. BI\lc:{,. ztSO/; /f},a,-'l1 i 3313? Contact Person/Contract Amuunt /-Ie r I) (' D h: I'l'\ C4 ..) Telephone No. 3or- 57?, - ? .3J-3 Fax No. 3oj-.51I:J - 3.344 6) Company Name Keys. Ga.fe (}/'ar!er.. j'chool Address ?-oOD _,.[; 2 g lNefh( e. l-!cl)1er kCi.cl 3363J J Contact Person/Contract Amount ~"har{)() _\m ;fh TelephoneNo.30r-230-lrvlfo Fax No. 3(.'.5"- 230.-lh04 7) Company Name M'-tlt'>1i j)tu:/e. Pc?rks. 0/ Recrea...fiof'l Address 2'7:;- Nt.)) 2/1ff) J-h-~9rf 3rd Fleer fYJ/Ct/YlI .}3/2~f " " Contact Person/Contract Amount !.(;~ i/;';/'1'J J~hl.rn6~ Telephone No. ,0?OJ- ?SJ-7f'l? 2 Fax No. ~J7S S".- 7J,cIO 8) Company Name A/o vet- 1/,"1111fi"- n- Iy J:cA 00 / Address 330 I ~/IPJe- If,/e/l ,-<e/ Ff l.t?.;,(cJerclu../e 33 j 31- Cuntact Person/Conll act Amount he 1'1 (l ;.s Fa.. ft /1" r)j Telephone No. 9':;1- 2t:.2-41c? Fax No. QS4-2t:,2 - /bzcl , ~ , , JlnUlry 27, 2008 ClIr or Mleml Beach Bid No: 10.05/08 26 or 29 RENTAL OF EIGHT (8) 55-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID #10-05/06 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The May'Qr and City Commission of the City of Miami Beach, Florida: By -+ r a... n fYl C<- reO r r V r d -t I 0 n Principal Office /1.30/ Sw /D<6 A-ue m it"{ n1. t +t. ~ 3/5-7 How many years has your organization been in business under your present business name? 3 :J- State of Florida occupational license - state type and number: Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? y e:. S ,4 ". /'.,. f' <<." ..L-.; .I - ,V j)a...c~ L-<;....t/Yl ty .0 ..J (-...,-.:.. t f-{ Df', d 4- 0 <](/q { Ct.- Cf MIlt- N/rt Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? :> L Have you ever had a contract terminated due to failure to comply with contractual specifications? i-J D If so, where and why? In what other lines of business are you financially interested or engaged? 11 on.e.- Give references as to experience, ability, and financial standing - c:ltA. L ~ ~ January 27. 2006 City of Miami Beach Bid No: 10-05/06 27 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID #10-05/06 CONTRACTOR'S QUESTIONNAIRE (CONTD.) What Bank or Banks have you arranged to do business with during the course of. the Contract 1(' should it be awarded to you? 0 fA A b WYl. k J c:., ~ ~ m ~ L l J f)a'1/l <t -PI D~It.f~ - L.U fIb\. ~ ldrJ iR:1A a Please list the names and addresses of subcontractors to be used, if any. /lJ ern e Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term .controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more ofthe outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. (l-e -I-e/l bt>tQe 6.rA rn 'Ov1 +.. Po If DC t J/lnua'Y 27. 2006 City of Miami Beach Bid No: 10-05106 28 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID # 10-05/06 CONTRACTOR'S QUESTIONNAIRE (CONTD.) b. I~uals or entities (including our sub-consultants) with a controlling financial interest: have have not contributed to the campaign either directly or indirectly. of a candidate who has b en elected to the office of Mayor or City Commissioner for the City of Miami Beach Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. I HEREBY CERTIFY that the a~e answers are true and correct. tQlLU "~I vi ~ ~~ C~(). (SEAL) (SEAL) January 27, ~006 City of Miami Beach Bid No: 10-05106 29 of 29 xxx 1. XXX 2. XXX 3. XXX 5. XXX 7. XXX 8. XXX 9. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00 per occurrence for bodily injury property damage to include Premisesl Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be $tated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. ~Rn-lI1mM eOI'lL ~/~ l~J JljJ Bidder Signature of idder January 27, 2006 City of Miami Beach Bid No: 10-05/06 16 of 29 Franrnar Corporation I School Bus Transportation & Bus Maintenance Services ~I~ (9\ICr~"~'l~('V\i S'a..~{,...\ .~:;z. \1.0 P.O. Box 970783. Miami, Florida 33197. (305) 253-5086. Fax (305) 253-8427 Let Us Introduce Yon to Franmar We have been in the school bus business for 32 years. We have based our business on personal service, safety, reliability and accountability. We have an office, an office staff and maintenance garage that is open five days a week from 8:30 AM until 4:30 PM. After 4:30 PM, an answering machine picks up the calls and gives you access to an emergency person. Therefore, we are actually available 24 hours a day, seven days a week. All of our drivers are licensed and drug-free. Several of our drivers have worked with us for 28 years. We have one million dollars of insurance with State Farm. We have had a remarkable safety record which we are happy to have you verify. Franmar is under contract to the Miami-Dade County Public School System. We perform 14 DCPS routes per day. We are the bus company for Keys Gate Charter School as well as several otOOr charter schools. Our buses are maintained in our own garage and are required to pass an inspection at the Dade County Public School terminal every 28 days. We will not leave you stranded due to a bus breakdown. We work for Dade County Housing Authority, the Dade County Parks and Recreation Department as well as many other Government agencies. We were first called by them when they had numerous problems with their original vendor. We jumped in to do their work and they were very pleased. We then were the successful bidder on the long-term contract. We have maintained that contract for over 10 years. PLEASE SEE ENCLOSED REFERENCE LIST. We hope you will give us the opportunity to establish a close working relationship with you. If there are any other concerns or questions, please call us immediately. Sincerely, Fran Martinelli Franmar Corporation OFFICE LOCATION: 19301 Southwest 108 Avenue. Miami, Florida 33157 Below is a sampling of some of our current work. We pride ourselves on excellent service, so please feel free to call any of these people. Miami Dade County Public Schools Mr. Jerry Klein, Director of Transportation 305-252-7480 We do daily routes under contract and field trips as needed for all of the public schools Rosa Parks Charter School Mr. George Coleman 305-576-3333 Daily route contract and field trips since they started Keys Gate Charter School Ms. Sharon Smith 305-230-1616 Daily route contract and field trips since they started Major private schools for which we provide entire sports program transportation and field trips: Gulliver Schools (4 campuses) 305-666-7937 Temple Beth Am 305-667-6667 Ransom Everglades (2 campuses) 305-460-8819 Temple Judea 305-667 -94 70 Columbus High School 305-223-5650 Temple Bet Breira 305-595-1500 Miami Country Day School 305-759-2843 Kendall Christian School 305-271-3723 Cushman School 305-757-1966 St Louis Catholic School 305-238-7562 Palmer Trinity School 305-969-4254 St Richards Catholic School 305-233-8711 Westminster Christian 305-233-2030 Holy Rosary Catholic School 305-235-5442 University School 800-541-6682 x 4454 All Angels Academy 305-888-9483 All the transportation for the Girl Scout Council of Tropical Florida 305-253-4841 ; Ms. Pauline Russel, Director. Miami Dade County Parks and Recreation Department. We have been the successful bidder and have maintained this contract for 12 years. We have many more customers in the public and private sector. Please call if you desire further references and/or telephone numbers. FRANMAR CORPORATION PO Box 970783 Miami Florida 33197 305-253-5086 09/22/2005 FRANMAR CORPORATION BUS VEHICLE IDENTIFICATION LIST BUS# MAKE VIN# 10 FORDITHOMAS 1FDXJ75C6PVA03534 11 FORDITHOMAS 1FDXJ75C5PVA05727 12 FORDITHOMAS 1FDXJ75C7PVA05728 14 FORDITHOMAS 1 FDXJ75CXPV A05738 30 FORDITHOMAS 1FDXJ75C8NVA24964 31 FORDITHOMAS 1FDXJ75C6NVA24963 32 FORDITHOMAS 1FDXJ75CXNVA24965 33 FORDITHOMAS 1FDXJ75C5PVA07302 34 FORDITHOMAS 1FDXJ75C6NVA36921 35 FORDITHOMAS 1FDXJ75C7NVA21747 36 FORDITHOMAS 1FDXJ75COPVA07093 37 FORDITHOMAS 1FDXJ75C4NVA21740 38 FORDITHOMAS 1FDXJ75C8NVA36919 39 FORDITHOMAS 1FDXJ75C6PVA06014 40 FORDITHOMAS 1FDXJ75C2PVA06009 41 FORDITHOMAS 1FDXJ75C2PVA04308 42 FORDITHOMAS 1FDXJ75C3NVA25293 45 IHC/BLUEBIRD 1 HVLNHGN6GHA35195 51 IHC/BLUEBIRD 1 HVLNHGNXFHA57991 54 IHC/BLUEBIRD 1 HVLNHGNOEHA61322 58 IHC/BLUEBIRD 1 HVLNHGN3FHA 10365 60 IHC/BLUEBIRD 1 HVLNHGN6GHA44222 63 IHC/BLUEBIRD 1 HVLNHGNOHH478554 65 I HC/AMTRAN 1 HVBBABN8YH285930 66 I HC/AMTRAN 1 HVBBABN1 YH285929 67 I HC/AMTRAN 1 HVBBABN5YH286226 68 IHC/AM TRANS 4DRBRAANX3A949872 69 IHC/AM TRANS 4DRBRAAN 13A949873 70 IHC/AM TRANS 4DRBRAAN83A949871 71 IHC/BLUEBIRD 1 HVBBAANOYH321949 72 IHC/BLUEBIRD 1 HVBBAANOYH321935 73 IHC/BLUEBIRD 1 HVBBAAN9YH288871 74 IHC/BLUEBIRD 1 HVBBAAN8YH321942 75 IHCIIC 4DRBUAAN56A 164582 76 IHCIIC 4DRBUAAN96A 150457 80 IHCIIC 4DRBUAAN76A 162798 81 IHCIIC 4DRBUAAN56A298394 95 FORDITHOMAS 1 FDXJ75CONVA21458 96 FORDITHOMAS 1 FDXJ75C5NV A23870 97 FORDITHOMAS 1FDXJ75C9NVA21460 98 FORDITHOMAS 1 FDXJ75CONV A23856 99 FORDITHOMAS 1FDXJ75C5NVA21889 VINLlST UPDATED 02102/2006 MIAMI-DADE COUNTY TAX COLLECTOA 140 W. FLAGLER ST. 14th FLOOR MIAMI, FL 33130 2005 OCCUPATIONAL LICENSE TAX 2006 MIAMI-DADE COUNTY - STATE OF FLORIDA EXPIRES SEPT. 30, 2006 MUST BE DISPLAYED AT PLACE OF BUSINESS PURSUANT TO COUNTY CODE CHAPTER SA - ART. 9 & 10 FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 086919-9J!!l'~ !t~ foHn f\ PII! BUSINESS NAME I lOCATION FRANMAR CORP TRANSPORTATION 19301 SW 108 AVE 33157 UNIN DADE COUNTY 110 PO. Pi'Y RENEWAL LICENSE NO. 086919-9 OW~''ANMAR CORP sec2"?~e ~lH~'(jL8 BUS SERVICE EMPLOYEE/S 10 THIS IS AN OCCUPATIONAL TAX ONLY. IT ODES NOT PERMIT THE LICENSEE TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE LICENSEE FROM ANY OTHER LICENSE OR PERMIT REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF TIlE LlCENSEE'S QUALlFICA. TION. DO NOT FORWARD FRANMAR CORP TRANSPORTATION FRANMAR CORP PO BOX 970783 MIAMI FL 33197 PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR: 08/08/2005 20130000361 00 Q8 f>>!i. '.8 0 I" J' II" I, .,"" ," "'1'" ""'1"'" "111" "l" t' I" " "'" SEE OTHER SIDE (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachn.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission ..... Jorge M. Gonzalez, City Manager fbr- ~ MG~~ .... - '< J l.. April 11,2006 REQUEST FOR APPROVAL TO AWARD A CONTRACT TO FRANMAR CORPORATION, PURSUANT TO. INVITATION TO BID 10-05106, FOR THE RENTAL OF EIGHT (8) 65- PASSENGER SCHOOL BUSES WITH DRIVER FOR THE cmns SUMMER PROGRAMS, IN THE ANNUAL AMOUNT OF $84,960.00 TO: DATE: SUBJECT: ADMINISTRATION RECOMMENDATION Approve the award of a contract. FUNDING $84,960 Parks and Recreation Account No. 011-0950-000323 KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. ANALYSIS The purpose of Invitation to Bid No. 10-05106 (the "Bid) is to establish a contract, by means of sealed bids, for the rental of eight (8) 65-Passenger School Buses with Drivers for the City of Miami Beach Recreation Department to transport playground and youth center participants throughout Miami Dade, Broward and Palm Beach Counties for various field trips during the City's summer programs. The lease period for the current year from May 30th to July 21st. Contractor shall provide a Supervisor stationed in Miami Beach to assist the City's Recreation Division with communication and scheduling. The Bid was issued with two options, either all (8) buses to be air conditioned, or (4) air-conditioned and (4) non-air conditioned buses. The Bid was issued on January 27, 2006, with an opening date of March 3,2006. eidNet issued bid notices to 11 prospective bidders. Additionally, the Procurement Division sent the bid announcement to 10 other prospective bidders. The notices resulted in the receipt of one bid. The Procurement Division sent out a survey to those companies that opted not to bid and the following responses were received (number in parenthesis indicates number of companies that responded) : · Our company is simply not interested in bidding at this time (2). · No buses available for this summer (1). · Due to prior commitments our company was unable to provide a response to this ITS (3). · We are in the process of Updating our fleet to include air conditioned buses (1). T:\AGENDA\2006\apr11 06\consent\Summer Camp Buses MEMO.doc 39 Commission Memorandum ITB 10-05/06 April 11,2006 Page 2 of 2 The sole bid was received from Franmar Corporation. This vendor has provided the service for the last two years under the Miami-Dade County Contract at a discounted rate of $30.50/hr {rate per contract is $33/hr} per bus for non air-conditioned buses. The daily rate per bus submitted by Franmar under this Bid is $295 per day (fora 9 hour day, equals $32.77/hr). Four of the eight buses are to be air-conditioned. The air-conditioned buses will be utilized for longer trips, and the non air- conditioned buses will be utilized for shorter trips. . For comparison purposes, Miami-Dade County Parks and Recreation and School Board rates are shown below: M-D COUNTY M-D COUNTY FRANMAR CORP. PARKS & SCHOOL BOARD RECREATION DESCRIPTION BUSES DAYS DAILY RATE PER DAILY RATE PER DAILY RATE PER BUS PER DRIVER BUS PER DRIVER BUS PER DRIVER OPTION A $288.00- (8) AIR CONDITIONED 8 36 NO BID 65-PASSENGER SCHOOL BUSES $32.00/hr OPTION B (4) AIR CONDITIONED & FOUR 8 36 $295.00* $297.00* $288.00** (4)NON-AlR CONDITIONED $32.77/hr $33/hr $32.00/hr 6&-PASSENGER SCHOOL BUSES Miami-Dade County School Board offers a flat rate of $321hr. Miami-Dade County Parks and Recreation rate is $198 for a 6 hour bus rental. *The City requested a daily rate per bus; Hourly rate is calculated based on a 9-hour day. *"The Administration considered the option of renting the buses from the School Board. However, due to their own summer programs, the buses could only be available after 9:00 a.m. for pick-up and drop-off service, without the ability to keep the bus the whole day, which is required for longer trips. The Parks and Recreation Department comments on Franmar's performance follows: "Our past experience with Franmar has proven to be excellent. During the rising cost of fuel Franmar has managed to maintain the same prices, even with the frequency of long distance trips." CONCLUSION Based on the aforementioned, the Administration recommends that the City award a contract to Franmar Corporation for the rental of summer camp school buses in the annual amount of $84,960. The contract shall remain in effect from time of award by the Mayor and City Commission until September 30, 2007, and may be renewed by mutual agreement for two {2} additional years, on a year to year basis. 40 e MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochA.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 February 1 7, 2006 RE: ADDENDUM NO.1 TO INVITATION TO BID (ITB) NO. 10-05/06 - RENTAL OF (8) 65 PASSENGER SCHOOL BUSES WITH DRIVERS FOR THE CITY'S SUMMER PROGRAMS In response to questions and requests for additional information discussed at the Pre- Bid Conference by prospective bidders, the ITB is hereby amended as follows: 1. REVISE: Bid opening date is changed from February 22, 2006 to March 3, 2006 at 3:00 p.m. 2. REVISE: Section 2.3 - PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: Contractor shall submit any requested price increase no later than February 1 for each renewal option. 3. REVISE: Operating Hours to Monday - Friday from 8:30 a.m. - 6:00 p.m. 4. ADD: Contractor employees assigned to this contract shall wear uniforms or an identifiable name badge that identifies the employee and company ll.ame at all times. Drivers shall wear closed toe shoes or sneakers, (no flip flops or scandals) and shall have no inappropriate logos, symbols, or wording on their clothing. Drivers may wear shorts or long pants however they must be professional in nature. (no polka dots, cut offs, etc.) 5. DELETE: "Contractor shall provide a supervisor stationed in Miami Beach to assist the City's Recreation Division with communication and scheduling". 6. REVISE: Contractor shall provide the City's Recreation Division with the name(s) of a supervisor/contact person(s) with telephone number(s) who will be able to respond to any/all of the City's Recreation Division inquiries immediately (within a two minute time span) at no additional cost to the City. 7. ADD: Because the contractor will be dedicating the eight (8) buses to this contract for 36 days and whereby there may be days due to inclement whether that the buses may not be utilized, the City regardless, will agree to pay the contractor for bus services for these scheduled days. However, the City will not pay overtime should the contractor exceed the 6:00 p.m. return time. Additionally, the City will not pay for scheduled unused bus services due to fires, floods, and hurricanes, or any other emergency. 8. ADD: Once bus drivers complete their drop offs at the designated field trip locations, they shall be readily available for any unforeseen/emergency pick up requests. They shall always be within a distance whereby they can return within 15 minutes upon notification. 9. ADD: All bidders shall provide documentation with their bid or within ten (10) calendar days upon request from the Procurement Office that indicates that complete background checks have been conducted within one-hundred (100) calendar days prior to the first scheduled day (May 30, 2006) of bus services for all employees that are to be utilized for this contract. The background checks shall be either Dade County School Certified (in other words Dade County schools has conducted the background checks or else the employees shall pass the background checks for fingerprints and pass a drug test) Failure to provide this information shall deem the bid as non-responsive. Contractors are reminded to please acknowledge receipt of this addendum as part of your bid submission. Contractors that have elected not to submit a bid please complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a bid. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director F:\PURC\$ALL\JOHN\BIDS\05-06UTB-10-05-06 SCHOOLBUSESAddendumNo.1.doc INVITATION FOR BIDS RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVERS FOR CITY'S PARKS AND RECREATION SUMMER PROGRAMS BID # 10-05/06 BID OPENING: February 22, 2006 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov F: \PURC\$ALL \SHIRLEY\Bids\OS-06 \ITB 10-05-06 BUSES. doc e MIAMI BEACH (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 PUBLIC NOTICE Invitation to Bid No. 10-05/06 Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the day of February 22, 2006 for: RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVERS FOR THE CITY'S SUMMER PROGRAMS At time record and date, place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. Purpose: The purpose of this Invitation to Bid is to establish a contract, by means of sealed bids, for the rental of eight (8) 65-Passenger School Buses with Drivers for the City of Miami Beach Recreation Department to transport playground and youth center participants throughout Miami Dade, Broward and-Palm Beach Counties for various field trips during the City's summer programs. A pre-bid conference will be held on February 'th, 2006 at 10:00 a.m. at the City of Miami Beach City Hall, 4th Floor, City Manager's Small Conference Room, located at 1700 Convention Center Drive, Miami Beach Florida 33139. Attendance at the pre-bid conference is highly encouraged and recommended as a source of information but is not mandatory. The City of Miami Beach has contracted with Bid Net and has begun utilizing a new central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet(r), this new South Florida Purchasing system has replaced the DemandStar system and allow vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scriots/southflorida/oublic/home1.aso. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. January 27. 2006 City of Miami Beach Bid No: 10-05106 2 of 29 The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: htto:/Iwww.miamibeachfJ.gov/newcitv/deots/ourchase/bidintro.aso . CONE OF SILENCE -- ORDINANCE NO. 2002-3378 . CODE OF BUSINESS ETHICS - RESOLUTION NO. 2000-23879. . DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. . PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. . LOBBYIST REGISTRATION AND DISCLOSURE OF FEES - ORDINANCE NO. 2002-3363 . LOCAL PREFERENCE ORDINANCE NO. 2003-3413 CITY OF MIAMI BEACH ",.,,,,/.-.-) ~j-.;,,,, ~:::~:___./~ -;/.r-- . l."~~' --- .-- ( Gus Lopez, CPPO Procurement Director January 27, 2006 City of Miami Beach Bid No: 1 0-05/06 3 af29 <9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fox: 305-673-7851 NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _Our company does not handle this type of product/service. _We cannot meet the specifications nor provide an alternate equal product. _Our company is simply not interested in bidding at this time. _Due to prior commitments, I was unable to attend pre-proposal meeting. _OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from the City's bid list. January 27. 2006 City of Miami Beach Bid No: 10-05/06 4 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVERS FOR THE CITY'S SUMMER PROGRAMS BID # 10-05/06 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount ofthe bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Feeleral Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23. 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. January 27, 2006 City of Miami Beach Bid No: 10-05/06 5 of 29 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U. L. listed or re-examination listing where such has been established by U. L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.1 0 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.12 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. January 27. 2006 City of Miami Beach Bid No: 10-05/06 6 of 29 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours ofthe user, Monday through Friday, excluding holidays. 1.14 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. Fax (305) 673-7851. 1.15 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.16 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.17 PAYMENT: Payment will be made by the City within 30 day after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.18 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.19 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.20 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. Ifthe bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. January 27, 2006 City of Miami Beach Bid No: 10-05/06 7of29 1.21 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.23 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.24 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi ~ohnson Wright, Public Works Department, at 305.673.7080. 1.25 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami BeactLproperty to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Dade County and City of Miami Beach building code requirements and the South Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.27 BID GUARANTY: N/A 1.28 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list 1.29 CANCELLATION: In the event any of the provisions ofthis bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. January 27. 2006 City of Miami Beach Bid No: 10-05/06 Bof29 1.30 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. 1.31 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.32 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.33 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.34 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self- addressed stamped envelope with the bid. 1.35 BID PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Prot~st not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids is required. A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. January 27. 2006 C~y of Miami Beach Bid No: 10-05/06 9 of 29 1.37 DEMONSTRATION OF COMPETENCY: 1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics ofthe products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's .. Proposal may render the Bid non-responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no . longer possesses the financial support, equipment and organization which would have been. necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.38 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 1.39 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. January 27, 2006 City of Miami Beach Bid No: 10-05/06 10 of 29 1.41 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.42 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.43 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be Spot Market Purchased may be purchased by other methods, i.e. Federal, State or local contracts. 1.44 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm which is in arrears to the City upon- any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.45 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.46 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award ofthis bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.47 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non- responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. January 27. 2006 Cily of Miami Beach Bid No: 10-05/06 11 of 29 1.48 DISPUTES In the event of a conflict between the documents, the order of priority of the documents shall be as follows: . Any agreement resulting from the award of this Bid (if applicable); then . Addenda released for this Bid, with the latest Addendum tak.ing precedence; then . The Bid; then . Awardee's Bid. 1.49 REASONABLE ACCOMMODATION In accordance with the Title II ofthe Americans with Disabilities Act, any person requiring an accommodation at the RFP opening because of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.50 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent ofthe City, for the purpose of influencing consideration of this proposal. 1.51 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bibber or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. Additionally, the City may take such action. 1.52 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at that time. 1.53 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.54 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness taken place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. January 27, 2006 cny of Miami Beach Bid No: 10-05/06 12 of 29 1.55 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time, no ranges will be accepted, Le.; 12-14 days. 1.56 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002-3378. A copy of all written communication(s) regarding this bid must be filed with the city clerk. 1.57 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful bidder of such termination which shall become effective upon receipt by the successful bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the Agreement for all services performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 1.58 TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. Ifthe Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this section. 1.59 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He 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. January 27, 2006 City of Miami Beach Bid No: 10-05/06 13of29 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: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. Maintain Comprehensive 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. Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of Miami Beach as an additional insured is required and mu.st be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager 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. 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 of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. 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 $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 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 January 27, 2006 City of Miami Beach Bid No: 10-05/06 14 of 29 appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his 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 of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardees 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 justifying the termination thereof. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manag~r, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. January 27,2006 City d Miami Beachn Bid No: 10-05/06 15of29 xxx 1. XXX 2. XXX 3. XXX 5. XXX 7. XXX 8. XXX 9. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the Statutory limits ofthe state of Florida. Comprehensive General Liability (occurrence form), limits of liability $1.000.000.00 per occurrence for bodily injury property damage to include Premisesl Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder January 27. 2006 CiIy of Miami Beach Bid No: 1 Q..05/06 16 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID #10-05/06 2.0 SPECIAL CONDITIONS 2.1 TERM OF CONTRACT: This contract shall remain in effect from time of award by the Mayor and City Commission until September 30, 2007. Providing the successful bidder will agree to maintain the same terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a year to year basis, if mutually agreed upon by both parties. The City's Parks and Recreation Director or designated representative shall notify the successful bidder a minimum of sixty (60) days prior to commencement summer program. 2.2 METHOD OF AWARD Award of this contract will be made to primary and secondary lowest and best bidders, as defined in General Conditions 1.48, whose bid will be most advantageous to the City of Miami Beach. Should the primary vendor fail to comply with the Terms and Conditions of this Contract, the City reserves the right to award to the secondary vendor, if it is deemed to be in the best interest of the City. The City reserves the right to award either Option A or Option B at its own discretion. 2.3 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the initial term ofthis contract. Contractor may submit a price increase on April 1 for each renewal option. The price increase shall be based on the Consume Price Index for Urban Area (CPI-U}-and shall not exceed 2.5%. 2.4 CONTACT PERSON: The contact person for this Invitation to Bid is Shirley Thomas the contact person may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail: sthomas@miamibeachfl.Qov Communications between a proposer, bidder, lobbyist or consultant and Procurement Staff is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the contact person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the scheduled Bid opening date. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. January 27, 2006 Cily of Miami Beach Bid No: 10-05/06 17 of 29 YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.66, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. 2.5 SAMPLES: N/A 2.7 LIQUIDATED DAMAGES: N/A 2.8 DISCOUNTS (From published price lists): N/A 2.9 ESTIMATED QUANTITIES: N/A 2.10 DAILY RATES: The daily and rates quoted shall include full compensation for buses and drivers, insurance, gas, oil and any all other cost to the bidder. Daily and hourly rates are specified as follows: Daily Rental Rate - daily rate for straight time, i.e. from 8:00 a.m. to 6:00 p.m. Monday - Friday. 2.11 WARRANTY: N/A 2.12 PRODUCT/CATALOG INFORMATION: N/A 2.13 REFERENCES (PROVIDE 5 REFERENCES IN THE CUSTOMER REFERENCE FORM) Each bid must be accompanied by a minimum of Five (5) references, including the name of the company, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.14 COMPLETE PROJECT REQUIRED: N/A 2.15 PICK UP LOCATIONS: 21 st Street Recreation Center 2100 Washington Avenue Flamingo Park and Pal 999 11 th Street Muss Park 4400 Chase Avenue North Shore Parks and Youth Center 501 72nd Street Polo Park 4301 N. Michigan Avenue Scott Rakow Youth Center 2700 Sheridan Avenue Stillwater Park 8440 Hawthorne January 27, 2006 City of Miami Beach Bid No: 10-05/06 18 of 29 2.16 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified service. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of equipment included in this scope of service; has available the organization and qualified manpower to do the service; has adequate financial status to meet the financial obligations incident to the service; has not had just or proper claims pending against the company; and has provided similar type, size and complexity of such service. The evidence will consist of listing of service that has been provided to public and private sector clients, ei. nature of SERVICE within the last four (4) years. 2.17 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.18 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. 2.19 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COpy of the Bid Form pa~es and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.20 MAINTENANCE AGREEMENT: N/A 2.21 EQUAL PRODUCT: N/A January 27. 2006 City of Miami Beach Bid No: 10-05/06 19 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVERS FOR THE CITY'S SUMMER PROGRAMS BID #10-05/06 3.0 MINIMUM SPECIFICATIONS 3.1 SCOPE OF SERVICE: 3.1.1 The vendor shall provide eight (8) 65-passenger school buses with drivers for the City of Miami Beach Recreation Department to transport playground and Youth Center participants throughout Dade, Broward and Palm Beach Counties for various field trips for the lease period specified herein. Contractor shall provide a Supervisor stationed in Miami Beach to assist the City's Recreation Division with communication and scheduling. Successful bidder shall be able to provide the required school buses of which a minimum offour (4) must be air conditioned. Up to four (4) buses or more may go to Rapids Water Park and to South Dade daily. A three (3) days advance notice shall be given to the contractor to provide additional (65)-passenger air conditioned school buses with drivers to accommodate additional programs as needed. Rates. for the additional buses shall be based on the same daily rates indicated on the Bid Proposal form for the eight (8) 65-passenger air conditioned school buses with drivers. 3.1.2 Lease Period: Thirty-six (36) days, May 30, 2006 to July 21, 2006, excluding July 4th 2006. Operating Hours: Monday -Friday 8:00 a.m. - 6:00 p.m. 3.1.3 Insurance and Vehicle Registration Certificates: 3.1.3.1 Bus, Driver, Automobile Insurance ($1 ,000,000) reference Insurance Check List. 3.1.3.2 Bidders shall provide a copy of Florida Drivers License for each driver and a copy of Florida Vehicle Registration/Inspection for each bus, with their bid or within five (5) calendar days upon request from the Procurement Director. 3.1.4 Bus Maintenance: 3.1.4.1 Contractor shall maintain the buses in a safe and mechanically proper operating condition and shall be responsible for all repairs and replacements (tires), gas and oil included, at no additional cost to the City of Miami Beach. 3.1.4.2 Contractor shall be responsible for storage of buses. 3.1.5 Minimum Requirements: 3.1.5.1 Contractor must be in business for a minimum of Four (4) years with experience in transporting children, and shall provide their list of reference with the phone number and contact names January 27. 2006 City of Miami Beach Bid No: 10-05/06 20 of 29 3.1.5.2 Contractor shall provide the City with a list of bus drivers and a copy of their Driver's License. All drivers utilized for this contract must have a minimum of two years safe driving experience, subject to any all required background check. 3.1.6 Schedule: 3.1.6.1 Schedule showing locations and times for pickups and deliveries of passengers will be submitted to the successful bidder one week in advance. The City will provide successful contractor a weekly schedule update four (4) days prior to the start of the new work week. In the event of a last minute schedule change, City staff must be able to communicate with the bus driver. The driver shall have radio/cell phones for communication and able to communicate in English. January 27. 2006 Bid No: 10-05/06 City of Miami Beach 21 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID #10-05/06 Company Name: Bid Proposal Page 1 of 2 OPTION A We propose to provide eight (8) air conditioned, 55-passenger school buses with drivers for the City's Summer Programs in accordance with the required terms and conditions of these Bid Documents. DAILY RATE QTY DAYS PER BUS/DRIVER TOTAL DESCRIPTION Bus/Driver $ x 8 x 36 $ OPTION B We propose to provide four (4) air conditioned, and four (4) non-air conditioned, 55-passenger school buses with drivers for the City's Summer Programs in accordance with the required terms and conditions of these Bid Documents. . DESCRIPTION DAILY RATE QTY DAYS PER BUS/DRIVER TOTAL Bus/Driver $ x 8 x36 $ NOTE: The City reserves the right to award either Option A or Option B at its own discretion. NOTE: Rates for additional buses shall be based on the daily rates indicated on the Bid Proposal form. January 27, 2006 City of Miami Beach Bid No: 10-05/06 22 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID #10-05/06 Bid Proposal Page 2 of 2 PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: COMPANY NAME: SIGNED: (I certify that I am authorized to execute this proposal and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Amendment NO.1: Insert Date Amendment NO.2: Insert Date Amendment No.3: Amendment NO.4: I nsert Date Insert Date NAMEITITLE(Print): ADDRESS: CITY/STATE: ZIP: TELEPHONE NO: FACSIMILE NO: FEDERAL I.D.#: January 27. 2006 City of Miami Beach Bid No: 10-05/06 23 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID #10-05/06 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the following items have been completed and submitted as required. X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.19 X Execution of Bid General Conditions Section 1.2 N/A Equivalents/Equal Product General Condition Section 1.67 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.26 General Condition Section 1.59 Bid/Performance Bond N/A General Condition Section 1.27 ~ N/A Warranty - Special Conditions Section 2.11 N/A Product/Catalog Information Special Conditions Section 2.12 X References Special Conditions Section 2.13 I Page 25 X Bidder Qualifications Special Conditions Section 2.16 X Exceptions to Specifications Special Conditions Section 2.18 Contractor's Questionnaire X (Page 27) January 27, 2006 City of Miami Beach Bid No: 10-05/06 24 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID # 10-05/06 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. 2) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. 3) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. 4) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. January 27, 2006 City of Miami Beach Bid No: 10-05/06 25 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID # 10-05/06 CUSTOMER REFERENCE LISTING (CONTO.) 5) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. 6) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. 7) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. 8) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. January 27. 2006 City of Miami Beach Bid No: 10-05/06 26 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID #10-05/06 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Principal Office How many years has your organization been in business under your present business name? Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? State of Florida occupational license - state type and number: Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? Have you ever had a contract terminated due to failure to comply with contractual specifications? If so, where and why? In what other lines of business are you financially interested or engaged? Give references as to experience, ability, and financial standing January 27, 2006 City of Miami Beach Bid No: 10-05/06 27 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID #10-05/06 CONTRACTOR'S QUESTIONNAIRE (CONTD.) What equipment do you own that is available for the proposed work and where located? What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? Please list the names and addresses of subcontractors to be used, if any. Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your suh-consultants) with a controlling financial interest. The term .controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more ofthe outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term .firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. January 27. 2006 City of Miami Beach Bid No: 10-05106 28 of 29 RENTAL OF EIGHT (8) 65-PASSENGER SCHOOL BUSES WITH DRIVER FOR THE CITY'S SUMMER PROGRAMS BID # 10-05/06 CONTRACTOR'S QUESTIONNAIRE (CONTD.) b. Individuals or entities (including our sub-consultants) with a controlling financial interest: have have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. I HEREBY CERTIFY that the above answers are true and correct. (SEAL) (SEAL) January 27. 2006 City of Miami Beach Bid No: 10-05/06 29 of 29