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HomeMy WebLinkAboutITB No 16-03-01 Motor Coach Transportation (Final) City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 1 Invitation to Bid Goods & Services gt MOTOR COACH TRANSPORTATION SERVICES Invitation to Bid No. 16-03-01 Publish Date: 03/16/2016 Bid Due and Bid Opening Date: 03/30/2016 at 2:30 PM Pre-Bid Conference: None Where to Deliver Proposal Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 All Questions Due: 03/22/2016 by 5:00 PM City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 2 TABLE OF CONTENTS Table of Contents....................................................................................................................... Page 2 Legal Advertisement/Notice to Bidder .......................................................................................... Page 3 Instructions to Bidder/General Terms and Conditions .................................................... Section 1, Page 4 Special Terms and Conditions .................................................................................... Section 2, Page 10 Scope of Services & Technical Specifications ............................................................... Section 3, Page 14 Bid Submittal Instructions & Forms ............................................................................ Section 4, Page 17 Bid Form 1 – Bid Cover ....................................................................................................... Page 18 Bid Form 2 – Addenda Acknowledgement ............................................................................ Page 20 Bid Form 3 – Vendor Required Information & Documents ..................................................... Page 21 Prior-Year Motor Coach Transportation Services Details ...................................................... Attachment A Affidavits Non-Collusion Affidavit Public Entity Crimes Equal Opportunity / Affirmative Action Statement Conflict of Interest Statement Dispute Disclosure Form Anti-Kickback Affidavit City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 3 LEGAL ADVERTISEMENT NOTICE TO BIDDER NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified. MOTOR COACH TRANSPORTATION SERVICES Invitation to Bid No. 16-03-01 Invitation to Bid 16-03-01 ((ITB) is available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The ITB may also be examined at the City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the ITB from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their bid response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list. The City may not accept incomplete bids. Sealed bids will be received by the City Clerk no later than 2:30 PM, on Wednesday, 03/30/2016 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4 th floor, Sunny Isles Beach, Florida, 33160. Bids received after this time will not be considered. The City is under no obligation to return bids. Timely submitted bids will be opened publicly and read aloud at this time. The envelope containing the sealed bid must be clearly marked: Bid No. 16-03-01 MOTOR COACH TRANSPORTATION SERVICES OPENING DATE AND TIME: Wednesday, 03/30/2016 at 2:30 PM The City reserves the right to reject any or all bids, with or without cause, to waive technical errors and informalities, and to accept the bid, which best serves the interest of, and represents the best value to, the City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. All questions regarding this ITB shall be directed in writing to Jane A. Hines, MMC, City Clerk, and RECEIVED NO LATER THAN 03/22/2016 by 5:00 PM. Questions may be submitted via email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, MMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. All Questions will be answered in the form of Addendum that will be released a few days after the question due date listed above. Jane Hines, MMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 4 SECTION 1 INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION/EXPLANATION/QUESTIONS: Any questions concerning the Bid Specifications or any required need for clarification must be made to Jane A. Hines, MMC, City Clerk via email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, MMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification/explanation or questions must be made in writing to Jane A. Hines, MMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted/disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders’ list as having received the Bid documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Bidders from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN HOLDER’S LIST: As a convenience to vendors, the City of Sunny Isles Beach has made available via internet lists of all plan holders for each Request for Proposal, Request for Proposal, and request for qualifications. The information is available on-line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792-1703. 1.3 ADDENDA TO SPECIFICATIONS: If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered Bidders (those who have been registered as receiving a Bid package) receive the documents. It is the responsibility of the vendor prior to the submission of any Bid to check the above website or contact the Office of the City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Bid Response Sheet. 1.4 SPECIAL ACCOMMODATIONS: Any person requiring a special accommodation at a Pre-Bid Conference or Bid/RFP/RFQ opening because of a disability should call the Office of the City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 1.5 PUBLIC ENTITY CRIMES STATEMENT: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes -"a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform work as a Bidder, supplier, sub-Contractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for category two for a period of 36 months from the date of being placed on the convicted vendor list”. 1.6 BID DEADLINE: Bids must be submitted no later than the time and date shown within this document. 1.7 SEALED BID: The entire Bid Response Package shall be placed in an opaque envelope (with all items listed on the Bid checklist form and all other items required within this Request for Proposal must be executed) and submitted in a sealed envelope. 1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION: All Bids shall be signed in blue ink. All price quotes shall be typewritten or printed with ink. All corrections made by the Bidders prior to the opening must be initialed and dated by the Bidders. No changes or corrections will be allowed after Bids are opened. Bids must contain an original, manual signature of an authorized representative of the company. 1.9 WITHDRAWAL OF BIDS: Bidders may withdraw Bids only by written request and shall forward the withdrawal request via “Certified U.S. Mail – Return Receipt Requested” prior to the Bid opening time. Negligence on the part of the Bidders in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 1.10 BID OPENING: Bids will be opened publicly at the time and place stated in the Notice to Bidder. It is the responsibility of the Bidders to insure that the Bid reaches the Office of the City Clerk on or before the closing hour and date stated on the Request for Proposal. After the Bid opening, the contents of the Bid Form will be made public for the information of vendors and other interested parties who may be present either in person or by representative. Bids that are received after the Bid opening time will not be considered and will not be returned. 1.11 EVALUATION OF BIDS: The City, at its sole discretion, reserves the right to inspect any/all Bidders facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Bidders, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 1.11.1 Hold Harmless: All Bidder’s shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a Bid, as applicable. 1.11.2 Cancellation: Failure on the part of the Bidders to comply with the conditions, specifications, City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 5 requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. 1.11.3 Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, the Contractor and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a written copy of its decision to the Bidder, which shall be binding on both parties. 1.12 AGREEMENT: After the Bid award, the City will, at its option, prepare an Agreement specifying the terms and conditions resulting from the award of this Bid. The vendor will have ten (10) calendar days after notification of the award by the City to execute the Agreement and provide the required Performance Bond. The Bidder who has the Contract awarded to them and who fails to execute the Agreement and furnish the Performance Bond and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Bidder fails to enter into the Contract and furnish the Bonds as herein before provided. Bid Security deposited in the form of a cashier’s check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the agreement for the current and any future periods provided for within the Bid specifications. 1.13 PAYMENTS: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. 1.14 BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples, and/or specifications on such item(s). The City shall be the sole judge concerning the merits of items Bid as equals. 1.15 MATERIAL: Material(s) delivered to the City under this Bid shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to City are found to be defective or do not conform to specifications, the City reserves the right to return the product(s) to the seller at the seller’s expense. 1.16 SAMPLES: Samples of items, when required, must be furnished by the Bidders free of charge to the City. Each individual sample must be labeled with the Bidder’s name and manufacturer's brand name and delivered by them within ten (10) calendar days of Bidders receipt of the “Notice to Proceed”, unless schedule indicates a different time. If samples are requested subsequent to the Bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible for returning samples. 1.17 QUANTITY GUARANTY: No guaranty or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Contract or Award. These quantities are for Bid purposes only and will be used for tabulation and presentation of the Bid. The City reserves the right to increase or decrease quantities as required, even significantly. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this Bid. 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid prior to their delivery, it shall be the responsibility of the successful Bidders to notify the City at once, indicating in their letter the specific regulation which required an alteration. The City of Sunny Isles Beach reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. 1.19 SAFETY STANDARDS: The Bidders warrant that the product(s) supplied to the City conforms in all respects to the standards set forth in the occupational safety and health act (OSHA) and its amendments. Bids must be accompanied by a materials data safety sheet (MSDS) when applicable. 1.20 WARRANTIES: Successful Bidders shall act as agent for the City in the follow-up and compliance of all items under Warranty/Guaranty and complete all forms for Warranty/Guarantee coverage under this Contract. 1.21 COPYRIGHTS/PATENT RIGHTS: Bidders warrant that there has been no violation of copyrights or patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this Bid. The seller agrees to indemnify City from any and all liability, loss, or expense occasioned by any such violation. 1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION): The Bidder shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each vendor submitting a Bid on this Request for Proposal shall include a copy of the company’s local business tax/occupational license(s) with the Bid response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Licensing at (305) 792- 1705. If the Bidder is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the Bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida. 1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES: Bidders shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Bidders shall be liable for any damages or loss to the City occasioned by negligence of the Bidders (or their agent) or any person the Bidders has designated in the completion of their contract as a result of the Bid. Bidder shall be required to furnish a copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, Miami-Dade County, and City of Sunny Isles Beach Code. Bidders shall include current Miami-Dade County Certificates of Competency. These documents shall be furnished to the City along with the Bid response. Failure to furnish these documents or to have required licensure will be grounds for rejecting the Bid. City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 6 1.24 CERTIFICATE(S) OF INSURANCE: Bidders shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in this document, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this Bid and section. At the time of Bid submission the Bidders must submit certificates of insurance as outlined in the General Conditions section. All required insurances shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to issue insurance in the State of Florida. It shall be the responsibility of the Bidders and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Bidders, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. The Bidders hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 1.25 ASSIGNMENT: The Bidder shall not transfer or assign the performance required by this Bid without prior written consent of the City Manager. Any award issued pursuant to the Request for Proposal and monies which may be due hereunder are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the Bidder changes hands subsequent to the award of this contract, Bidder shall promptly notify City in writing (via United States Postal Service – Certified Mail, Return Receipt Requested) of such change in ownership or control at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon sixty (60) days written notice, at City’s sole discretion. 1.26 HOLD HARMLESS/INDEMNIFICATION: The Bidder shall indemnify, hold harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Bidder, their agents, servants or employees in the provision of goods or the performance of services pursuant to this Bid and / or from any procurement decision of the City including without limitation, awarding the Contract to the Bidder. 1.27 NON-CONFORMANCE TO CONTRACT: The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within (5) calendar days by the vendor at their own expense and redelivered at their expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Bidder being found in default. 1.28 DEFAULT PROVISION: In case of default by the Bidders, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Bidders responsible for any excess costs occasioned or incurred thereby. 1.29 SECONDARY/OTHER VENDORS: The City reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract. 1.30 DEFINITIONS: Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written Agreement between the City and the Bidder covering the Work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Approved: Means approved by the City. Bid: The offer of the Bidders submitted on the prescribed form setting forth the prices for the Work to be performed. Bidders: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance bond and other instruments of security, furnished by the Bidder and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the Bidder signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. City: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Contract Documents: Contract Documents shall include, Instructions to Bidders, Bidder's Bid, the Bonds, the Notice of Award, the Agreement between the City and Bidder as well as any addenda thereto, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Request for Proposal, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. Contract Price: The total monies payable to the Bidder under the Contract Documents. City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 7 Contract Time: The number of calendar days stated in the Agreement for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the City’s governing body. Bidder: The person, firm or corporation with whom the City has executed this Agreement. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Field Order: A written order issued by the City which clarifies or interprets the Contract Documents or orders minor changes in the Work. Modification: Modification means any one of the following: (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation if issued by the City, or (d) a written order for minor change or alteration in the Work issued by the City. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by City to the apparent successful Bidders stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, City will execute and deliver the Agreement to him. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Statement of Services: The form furnished by the City which is to be used by the Bidder in requesting progress payments. Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by Bidder under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term “Notice” as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval’s required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 1.31 BID AWARD: The City reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis of the Bids. The Bid shall be awarded to the lowest responsible and responsive Bidder whose Bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Bidder’s capability to perform the Services as described in this RFP, ITB, RFQ or ITQ, as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City’s established standards, as well as the financial capability of the Bidder to perform the Work in accordance with the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the Bid of any Bidders on the basis of these queries and investigations and who does not meet the City’s satisfaction, even though the firm may be the lowest dollars and cents Bid. In analyzing Bids, the City will also take into consideration client references, past work experience and work product, proven ability to satisfactorily perform. If the Contract is awarded, the City will issue the Notice of Award and give the successful Bidders a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a Bidder who is not necessarily the lowest dollars and cents Bidders on the basis of the results of these queries and investigation(s). 1.32 EXECUTION OF AGREEMENT: At least four counterparts of the Agreement, the Performance Bond, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by Bidder to the City within ten (10) calendar days of receipt of the Notice of Award. 1.33 LAWS AND REGULATIONS: The Bidder will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Bidder observes that the Specifications are at variance therewith, they will give the City prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Bidder performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. 1.34 TAXES: The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal Government. Florida Sales Tax Exemption No. 85-8012694687C-4 appears on each purchase order. Exemption certificates are available upon request. 1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Bidder shall defend, indemnify and hold harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Bidder or his Sub-Bidder, agents, servants or City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 8 employees. The Bidder will defend, indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Bidder, Sub-Bidder, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Bidder shall indemnify, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Bidder, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Bidder to defend at its own expense or to provide for such defense, at City’s option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Bidder, its Sub-Bidders, or by anyone directly or indirectly employed by either. 1.36 DECISIONS ON DISAGREEMENTS: The City will be the initial interpreter of the Technical Specifications. 1.37 CITY MAY TERMINATE: If the Bidder is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the Bidder or for any of their property, or if they file a petition to take advantage of any debtor’s act, or to reorganize under bankruptcy or similar laws, or if they repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if they repeatedly fail to make prompt payments to Sub-Contractors or for labor, materials or equipment or they disregard laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the City, of if they otherwise violate any provision of, the Contract Documents, then the City may, without prejudice to any other right or remedy and after giving the Bidder and the surety ten (10) days written notice, terminate the services of the Bidder and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Bidder, and finish the Work by whatever method they may deem expedient. In such case the Bidder shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Bidder. If such costs exceed such unpaid balance, the Bidder will pay the difference to the City. Such costs incurred by the City will be determined by the City and incorporated in a Change Order. If after termination of the Bidder under this Section, it is determined by a court of competent jurisdiction for any reason that the Bidder was not in default, the rights and obligations of the City and the Bidder shall be the same as if the termination had been issued pursuant to this document. 1.37.1 Where the Bidder’s services have been so terminated by the City said termination shall not affect any rights of the City against the Bidder then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Bidder will not release the Bidder from liability. 1.37.2 Upon ten (10) days written notice to the Bidder, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement. In such case, the Bidder shall be paid for all Work executed and accepted by the City as of the date of the termination. No payment shall be made for Work which has not been performed. 1.38 MISCELLANEOUS: Bidders acknowledge the following miscellaneous conditions: 1.38.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to them who gives the notice. 1.38.2 The Contract Documents shall remain the property of the City. The Bidder shall have the right to keep one record set of the Contract Documents upon completion of the Project. 1.38.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Bidder and those in the Special Conditions and the rights and remedies available to the City, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 1.38.4 Should the City or the Bidder suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 1.39 WAIVER OF JURY TRIAL: City and Bidder knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work there under. 1.40 GOVERNING LAW, VENUE AND WAIVER OF JURY TRIAL: It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. In the event it becomes necessary for either party to initiate legal action regarding this Agreement venue shall be in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, for any claims under state law and in the Southern District of Florida, Miami Division, for any claims brought in federal court. If either party utilizes such legal action, including appeals, if necessary, to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs at the pretrial, trial and appellate levels. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waives the right which any party may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this Agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party 1.41 PROJECT RECORDS: City shall have right to inspect and copy during regular business hours at City’s expense, the books and records and accounts of Bidder which relate in any way to the Project, and to any claim for additional compensation made by Bidder, and to conduct an audit of City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 9 the financial and accounting records of Bidder which relate to the Project. Bidder shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three years following final completion of the Project. During the Project and the three year period following final completion of the Project, Bidder shall provide City access to its books and records upon five days written notice. 1.42 SEVERABILITY: If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1.43 INDEPENDENT BIDDER: The Bidder is an independent Bidder under the Contract. Services provided by the Bidder shall be by employees of the Bidder and subject to supervision by the Bidder, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Bidder. THIS SECTION INTENTIONALLY LEFT BLANK End of Section City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 10 SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE OF BID: The City of Sunny Isles Beach is seeking bids from qualified bidders to provide Motor Coach Transportation Services on an as-needed basis for various City activities. Services shall be provided in accordance with the terms, conditions, and specifications contained in this ITB. 2.2 PRE-BID CONFERENCE: A Pre-Bid Conference will not be held for this ITB. 2.3 CONTRACT TERM AND RENEWALS The initial contract term shall be two (2) years. The City, at its sole option, may renew the agreement for three (3) one-year renewal terms. 2.4 RATE AND RATE ADJUSTMENTS During the initial contract term the hourly rate shall remain firm. After the initial term, the City may consider price adjustments only if an increase occurs throughout the local industry, in which case the City will use changes in the latest yearly percentage increase of the All Urban Consumers Price Index (CPI-U) as published in the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%) or the CPI -U, whichever is lower. The Vendor shall provide a rate adjustment request no later than ninety (90) days prior to the end of the then current term. If no adjustment request is received from the Vendor, the Parties agree that the optional term may be exercised without a rate adjustment. Late rate adjustment requests will not be considered. Should there be a change in the State of Florida or Federal Minimum Wage Rates, the Vendor shall provide a rate change request to the City. Rate adjustments in this event shall be limited to only the direct cost of the increase and must be passed -thru directly to the Vendor’s employees. No administrative or overhead costs of any kind may be added to such increase. All rate adjustments shall be requested by the Vendor with sufficient supporting documentation to be considered by the City. 2.5 METHOD OF AWARD Award shall be made in accordance with Section 1.31 of this ITB, and includes the submittal of the following: City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 11 a. Contact information to expedite communications between the City and Vendor (tel ephone, email address, and fax). Must be available 24 hours a day, 7 days a week. b. Listing of the vehicle communication system in place (e.g., mobile phones or two-way radio equipment), that allows regular communication with all vehicles providing transportation services. c. Listing of the Vendor’s fleet (include Vehicle #, Make, Model, Year, Capacity, Own/Lease). d. Provide an hourly rate for motor coach transportation services. For estimating purposes , see Attachment A for the City’s actual use of motor coach services from the past year (number of trips, motor coaches, hours, and destination descriptions). The City is exempt from all taxes (Federal, State, and Local). Bid price should not include taxes. Tax Exemption Certificate may be furnished upon request. 2.6 MULTIPLE AWARDS The City may award up to two vendors, a primary and secondary. The City will endeavor to utilize vendors in order of award. The City may also utilize other vendors in the event that neither the primary nor secondary (if any) Vendor is able to be in compliance with any contract or delivery requirement. 2.7 BID BOND & PERFORMANCE BOND Intentionally Omitted 2.8 DELIVERY Intentionally Omitted 2.9 INSURANCE 2.9.1 Comprehensive General Liability Insurance Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be offered in a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Offic e, and shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability:  Premises and Operation;  Independent Contractors;  Products and/or Completed Operations Hazard;  Broad Form Property Damage; City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 12  Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement.  Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 2.9.2 Business Automobile Liability Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include:  Owned Vehicles;  Hired and Non-Owned Vehicles;  Employers’ Non-City ship. Before starting the Services, the Bidder will file and make sure that all certificates of insurance required by this document and by the Contract are in the City’s possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City by certified mail. The City shall be named as an additional insured on the above-referenced policies. 2.9.3 Worker’s Compensation Insurance Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Hundred Thousand and 00/100 dollars ($100,000.00) per accident. Bidder agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment 2.9.4 Cancellation and Re-Insurance If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract, the Consultant shall be responsible for securing other acceptable insurance to provide the coverage specified in thi s section to maintain coverage during the life of this Contract. All deductibles must be declared by the Bidder and must be approved by the City. At the option of the City, either the Bidder shall eliminate or reduce such deductible or the Bidder shall procure a Bond, in a form satisfactory to the City, covering the same. NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 13 2.10 RESPONSIBILITY OF VENDOR & BACKGROUND CHECKS The Vendor shall be responsible for hiring the necessary personnel to conduct the daily operation of the services and will comply with all federal, state, and local laws related to minimum wage, social security, nondiscrimination, Americans with Disabilities act (“ADA”), unem ployment compensation, and workers’ compensation. The Vendor and all personnel employed by them shall be required, at their sole cost and expense, to pass a criminal background check prior to award of the contract, and every renewal term. The Criminal background check shall consist of a Florida Department of law Enforcement ("FDLE") Florida Crime Information Center National Crime Information Center ("FCIC/NCIC") criminal records check. Any employee not meeting this requirement will not be permitted to work under this Agreement. 2.11 MONTHLY INVOICES PAYMENTS Invoices shall be provided in accordance with Section 1.13 of the General Terms and Conditions. The City’s payment terms are NET 30 from invoice receipt date. Invoices shall be supported with detailed trip information and mailed to: City of Sunny Isles Beach Cultural & Community Services Department 18115 North Bay Road Sunny Isles Beach, FL 33106 2.12 RIGHT TO TERMINATE The City reserves the right to terminate the Agreement without cause at any time, incl uding during the initial contract term. END OF SECTION City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 14 SECTION 3 SCOPE OF SERVICES & TECHNICAL SPECIFICATIONS 3.1 SCOPE OF SERVICES The Vendor shall be available seven days a week to p rovide motor coach transportation services on an as-needed basis determined by the City. 3.2 SCHEDULE OF SERVICES The City will provide trip information to the Vendor as the City’s need arises. The Vendor shall promptly coordinate the trip details with the City’s authorized representative and shall provide a written order to the City. Upon review and acceptance of the order by the City, the Vendor is authorized to provide such services. All orders provided to the City shall not include any Vendor terms or conditions. All services under this Agreement shall be provided in strict accordance with and subject to the terms and conditions specified in this ITB. 3.3 MOTOR COACH REQUIREMENTS, STANDARDS AND INSPECTION In addition to the requirements of Section 1.33 of the General Terms and Conditions, all vehicles must: a) Be equipped with a fully functional and operating air conditioning systems that maintains a comfortable level of coolness throughout each trip . If the air conditioning system is not able to meet this criteria, the City reserves the right to have the vehic le replaced by the Vendor within one hour at no cost to the City. The replacement vehicle shall be subject to the same requirements as all vehicles under this Agreement; b) Have exterior free of grime, oil, or other substances and free from cracks, breaks, dents and damaged paint that noticeably detract from the overall appearance of the vehicle; c) Be clean in the interior and free from torn floor coverings, damaged or broken sea ts, and protruding sharp edges; d) Have unobstructed vision on at least three (3) sides of the vehicle; e) Not have interior leaks of any kind; f) Be equipped with fully cushioned and reclining seats; and g) Be equipped with an operating Public Access (PA) system. City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 15 3.4 DRIVER REQUIREMENTS In addition to the requirements of Section 1.33 of the General Terms and Conditions, Vendor shall ensure that: a) All drivers will be neat and clean in their appearance, dress in appropriate attire and wear a Vendor issued photo identification badge that is visible all the times; b) All drivers will verbally communicate effectively in English with passengers and staff and do so in a professional and friendly manner; c) All drivers do not alter or modify any trips without prior written approval by the City; d) Drivers comply with procedures and practices in securing passengers, car seats, travel chairs, crutches, walkers and orthopedic equipment at all times; and e) Drivers do not use cell phones (talking and texting) while operating the vehicles. The City reserves the right, at any time, to approve or reject any driver under this Agreement. The decision of the City regarding qualifications, acceptance or rejection of any driver under this Agreement shall be final. 3.5 ESCALATION PROCESS Notwithstanding the City’s right to terminate Vendor’s services pursuant to Section 1.37 of the General Terms and Conditions, the City may opt to address problems under the following process: a) The City will contact the Vendor and explain the problem. The Vendor shall explain its position, provide a course of action that is mutually acceptable, and shall remedy the problem within twenty-four (24) hours of the notice. b) If the problem has not been remedied or the City encounters the same problem again, the City may, at is sole discretion, either work with the Vendor to come to a solution or use the secondary Vendor. If a solution cannot be mutually agreed to, the City may cancel any unfulfilled City authorized trips without any cancellation penalties, and fulfill its requirement needs with the secondary Vendor. Should the primary Vendor remedy the problem to the City’s satisfaction, the City may request future trip services. 3.6 RECORDS, REPORTS AND DOCUMENTS In addition to the requirements of Section 1.43 of the General Terms and Conditions, the Vendor shall maintain records for all services provided to the City which shall include property, personnel, and financial records as are deemed necessary by the City to assure a proper accounting of funds. Data items which the Vendor may be required to submit to the City includes, but is not limited to: a) Vehicle trip origin and destination City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 16 b) Scheduled arrival and leave time c) Actual arrival and leave time d) Scheduled hours of service e) Actual hours of service f) Ridership per vehicle trip g) Vehicle number h) Driver’s name and Chauffeur Registration Number 3.7 UNALLOWABLE BILLING TIME Travel time costs to the pick-up location and from the drop-off location is the sole responsibility of the Vendor and is not billable to the City. If the driver arrives later than at the agreed upon time, the Vendor shall not charge and the City will not pay for that time. END OF SECTION City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 17 SECTION 4 BID SUBMITTAL INSTRUCTIONS & FORMS BID DATES & TIMES Bid Issuance ................................................................. 3/16/16 Questions Due ................................................ 3/22/16 5:00pm Bid Due & Opening ......................................... 3/30/16 2:30pm BID PACKET Bidders must include the following Bid Forms & Affidavits: Bid Form 1 ................................................................ Bid Cover Bid Form 2 ...................................... Addenda Acknowledgement Bid Form 3 .......... Vendor Information/Documents & Hourly Rate Affidavit............................................................... Non-Collusion Affidavit...................................................... Public Entity Crimes Affidavit.............................. Equal Opportunity/Affirmative Action Affidavit........................................................ Conflict of Interest Affidavit........................................................ Dispute Disclosure Affidavit................................................................ Anti-Kickback BID SUBMITTAL Submit one original and four (4) copies in a sealed envelope addressed to the City Clerk at: Attn: City Clerk City of Sunny Isles Beach 18070 Collins Ave., 4th Floor Sunny Isles Beach, FL 33160 The sealed envelope must clearly state: IMPORTANT, BID ENCLOSED Bid No. 16-03-01 MOTOR COACH TRANSPORTATION SERVICES OPENING DATE AND TIME: Wednesday, 03/30/16 at 2:30 PM City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 18 BID FORM 1 BID COVER Bid Title: MOTOR COACH TRANSPORTATION SERVICES The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Bidder agrees to sign and submit the Agreement with other documents required by the Bidding Requirements within ten days after the date of the City’s Notice of Award. In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that:  The Bidder has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.  The Bidder has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Bidder.  This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; the Bidder has not solicited or induced any person, firm or corporation to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidders or over the City. Exact Legal Company Name: __________________________________________ Business Name (dba), if any: __________________________________________ Street Address: ______________________________________________________ Mailing Address (if different): ____________________________________________ City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 19 Telephone No.: ______________________________________________________ Fax No.: ___________________________________________________________ Email Address: ______________________________________________________ FEIN No.: __________________________________________________________ *By signing this document the bidder agrees to all Terms Authorized Signature: ________________________________________________ Print Name: ________________________________________________________ Title: ______________________________________________________________ THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 20 BID FORM 2 ADDENDA ACKNOWLEDGEMENT INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID COMPANY NAME: _____________________________________________________________________ AUTHORIZED SIGNATURE: _______________________________ DATE: _______________________ TITLE OF OFFICER: ______________________________________ City of Sunny Isles Beach | Invitation to Bid No. 16-03-01 21 BID FORM 3 VENDOR REQUIRED INFORMATION & DOCUMENTS Section Summarized Requirement Initial to indicate completed 2.5a Contact Information: (available 24/7) Telephone Email Fax _______ 2.5b Vehicle Communication System (Attach to this page, Bid Form 3) _______ 2.5c Vendor Fleet Listing (Attach to this page, Bid Form 3) _______ 2.5d Vendor Hourly Rate (47-57 Passenger motor coach) $______________ _______ NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF _____________) The undersigned being first duly sworn as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, _____________________________________________________________ (Name of Corporation, Partnership, Individual, etc.) a, ________________________________, formed under the laws of _____________ (Type of Business) (State) of which he is ________________________________________________. (Sole Owner, Partner, President, etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. ___________________________________ ___________________________________ AFFIANT’S NAME AFFIANT’S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 200_. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ NOTARY PUBLIC (name printed or typed) DECEMBER 28, 2010 1 of 7 PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach _____________ by____________________________________________________________________________ [print individual’s name and title] for____________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is: _______________________________________________________________________________ _______________________________________________________________________________ and (if applicable) its Federal Employer Identification number (FEIN) is_____________________. (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement:_________________________________.) 11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair DECEMBER 28, 2010 2 of 7 10/1998 market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) ____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: ______________________________________ (Signature) ______________________________________ (Printed Name) ______________________________________ (Title) Sworn to and subscribed before me this ______ day of_______________________, 20_____, by __________________________________________________. (AFFIX NOTARY STAMP HERE) ______________________________________ Signature: Notary Public – State of Florida ______________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 3 of 7 EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: ________________________________________ Title: ________________________________________ Firm: ________________________________________ Address: ________________________________________ ________________________________________ DECEMBER 28, 2010 4 of 7 CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF ___________________ BEFORE ME, the undersigned authority, personally appeared _____________________________, who was duly sworn, deposes, and states: 18.1. I am the _________________________________________________ of __________________________________with a local office in _____________________________ and principal office in _____________________. 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. ______________ described as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.7 I certify that no member of the entity’s ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.8 I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this _________ day of _____________________________________, 2010. _________________________________ _________________________________ AFFIANT Print or Type Name and Title Sworn to and subscribed before me this _____ day of ______________________, 2010. ˆ Personally Known ________ OR ˆ Produced Identification ________; Type of Identification _________________________ __________________________________ NOTARY PUBLIC STATE OF FLORIDA DECEMBER 28, 2010 5 of 7 DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES __________ NO __________ 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES __________ NO __________ 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. ________________________________________ ______________________________________ Firm Date ________________________________________ _______________________________________ Authorized Signature Print or Type Name and Title DECEMBER 28, 2010 6 of 7 ANTI-KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF ___________ ) I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ________________________________ Title: ________________________________ The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by _________________________________________ [name of person], as __________________________________ [type of authority], for ________________________________ [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: _______________________________ Notary Public – State of Florida ________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ DECEMBER 28, 2010 7 of 7 Summer Break Date # of Buses Hours # of Hours Location Week 1 June 15-19 6/16/2015 2 10:30-3:30 5 CB SMITH PARK / PARADISE COVE 6/17/2015 1 10:30-3:30 5 CB SMITH PARK / PARADISE COVE 6/17/2015 2 10:30-3:30 4 Coconut Cove 6/18/2015 1 10:00-4:00 6 Boomers Boca Raton 6/18/2015 2 11:00-3:30 4.5 Ninja Lounge 6/19/2015 2 11:00-3:00 4 Ninja Lounge 6/18/2015 2 10:30-3:30 4 Miami Seaquarium 6/19/2015 2 11:00-4:00 5 Sparez Bowling 6/19/2015 1 9:30-3:00 4.5 Wow Factory Week 2 June 22-26 6/23/2015 1 10:00-3:00 5 Planet Airt Sports 6/23/2015 2 10:30-3:30 4 TY Park Castaway Island 6/24/2015 2 10:30-3:30 4 TY Park Castaway Island 6/24/2015 2 9:30-4:00 6.5 Sunrise Paddleboards 6/25/2015 1 9:30-4:00 6.5 Rapids Water Park 6/25/2015 2 9:30-4:00 6.5 Miami Metro Zoo 6/25/2015 2 11:00-3:30 4.5 Sparez Bowling 6/26/2015 2 10:30-3:30 5 Sparez Bowling 6/26/2015 2 10:00-4:00 6 Boomers 6/26/2015 1 12:00-4:00 4 Sparez Bowling Week 3 June 29-Jul 2 6/30/2015 2 9:30-4:00 6.5 Rapids Water Park 7/2/2015 2 10:30-4:30 6 Florida Marlins Park 6/30/2015 2 9:30-4:00 6.5 Rapids Water Park 7/2/2015 2 10:30-4:30 6 Florida Marlins Park 6/30/2015 2 9:30-4:00 6.5 Rapids Water Park 7/1/2015 2 11:00-3:00 4 Ninja Lounge 7/2/2015 2 10:30-4:00 5.5 Florida Marlins Park 6/30/2015 1 12:00-4:30 4.5 Ninja Lounge 7/2/2015 1 9:30-2:00 4.5 Off the Wall Week 4 July 6-10 7/7/2015 2 11:30-4:00 4.5 Miami Shores Aquatic Center 7/8/2015 2 11:30-4:00 4.5 Miami Shores Aquatic Center 7/8/2015 2 11:00-4:30 5.5 Dave & Busters 7/9/2015 1 9:30-4:00 6.5 Blue Moon Kayaking 7/9/2015 2 9:30-4:00 6.5 Lion Country Safari 7/9/2015 2 10:30-3:30 5 Painting w/ A Twist 7/10/2015 2 9:30-4:00 6.5 Lion Country Safari 7/10/2015 2 10:30-3:30 5 American Horse Trails 7/10/2015 1 11:00-4:00 5 Boomers Week 5 July 13-17 7/14/2015 1 10:00-3:00 5 Planet Air Sports 7/16/2015 1 9:30-4:00 6.5 Rapids Water Park ATTACHMENT A 7/16/2015 Sparez Bowling 7/14/2015 2 10:30-3:30 5 Coconut Cove 7/16/2015 2 10:00-3:00 5 Planet Air Sports 7/15/2015 2 10:30-3:30 5 Coconut Cove 7/17/2015 2 10:00-3:00 5 Planet Air Sports 7/15/2015 2 9:30-3:00 5.5 Blue Moon Kayaking 7/16/2015 2 10:30-3:30 5 IMAX 7/17/2015 2 10:30-3:30 +Incredible Ice Skating 7/17/2015 1 9:30-3:00 +Funderdome Week 6 July 20-24 7/21/2015 2 10:30-3:30 5 TY Park Castaway Island 7/22/2015 2 10:30-3:30 5 Venetian Pool 7/22/2015 2 10:30-3:30 5 TY Park Castaway Island 7/23/2015 2 10:30-3:30 5 OFF THE WALL 7/23/2015 2 10:00-4:00 6.5 Broward Ski (CB CMITH PARK) 7/24/2015 2 10:30-3:30 5 Sparez Bowling 7/24/2015 2 10:30-3:30 5 OFF THE WALL 7/24/2015 1 11:30-4:00 4.5 Planet Air Sports Week 7 July 27-31 7/28/2015 2 11:30-4:00 4.5 CB SMITH PARK / PARADISE COVE 7/29/2015 2 10:00-4:00 6.5 Sunrise Paddleboards 7/29/2015 2 11:30-4:00 4.5 CB SMITH PARK / PARADISE COVE 7/30/2015 2 10:30-3:30 5 Boomers 7/30/2015 1 10:00-4:00 5.5 Sunrise Paddleboards 7/30/2015 2 10:30-3:30 5 X-Treme Rock Wall 7/31/2015 2 11:00-3:00 4 Ninja Lounge 7/31/2015 2 10:30-3:30 5 Boomers 7/31/2015 1 11:30-4:00 5 X-Treme Rock Climb Week 8 August 3-7 8/4/2015 2 10:00-4:00 5 Calypso Bay 8/4/2015 1 10:00-3:00 5 Planet Air Sports 8/5/2015 2 9:30-3:00 5.5 Blue Moon Kayaking 8/5/2015 2 10:30-3:30 5 Calypso Bay 8/6/2015 2 9:30-4:00 6.5 Funderdome 8/6/2015 1 9:30-4:00 6.5 Rapids Water Park 8/6/2015 2 9:30-4:00 6.5 Rapids Water Park 8/7/2015 2 9:30-4:00 6.5 Dave & Busters 8/7/2015 2 9:30-4:00 6.5 Funderdome 8/7/2015 1 11:00-4:00 5 Sky Zone Week 9 August 10-14 8/11/2015 2 10:30-3:30 5 TY Park Castaway Island 8/12/2015 2 10:30-3:30 5 TY Park Castaway Island 8/13/2015 2 10:30-3:30 5 Sparez Bowling 8/14/2015 2 10:00-4:00 6 Sparez Bowling 8/14/2015 1 9:30-3:00 4 Lazer Quest Week 10 August 17-21 8/21/2015 1 11:00-4:00 5 Off the Wall Winter Break and Spring Break Date # of Buses Hours # of Hours Location Week 1 Dec 21-24 12/22/2015 2 12:15PM-4:45PM 4.5 Sparez Bowling, Davie 12/23/2015 2 11:15AM-4:15PM 5 Dave & Busters, Hollywood Week 2 Dec 28 - 31 12/29/2015 2 9:15AM-4:30PM 7.25 Museum of Discovery & Science, Ft. Lauderdale 12/30/2015 2 10:30AM-3:45PM 5.25 Planet Air, Pompano Beach March 21 - 25 3/22/2016 2 9:30- 4pm 6.5 hours Zoo Miami 3/24/2016 2 10am - 3pm 5 hours Sparez Bowling, Davie 3/25/2016 1 11:30am-3pm 3.5 hours Sparez Bowling, Davie Winter Break Camp Winter Break Camp Spring Break Camp