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F 4 Invitation to Bid Goods & Services gL�3q.INY �S /�FS Lam/' �, __ :,.... � .• �■ VI Fleet Bus Maintenance & Repair Services Invitation to Bid No. 12 -07 -01 Publish Date: 07/18/2012 Pre -Bid Conference: Intentionally Omitted Bid Due and Bid Opening Date: 07/31/2012 at 02:30 PM Where to Deliver Proposal Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 OF SW4 City of Sunny Isles Beach I Invitation to Bid No. 12 -07 -01 ■� TABLE OF CONTENTS Table of Contents Page 2 Legal Advertisement /Notice to Bidder Page 3 Instructions to Bidder / General Terms Section 1 Page 4 Special Terms & Conditions Section 2 Page 10 Scope of Work / Technical Specifications Section 3 Page 22 Bid Form Section 4 Page 28 Affidavits Non - Collusive Affidavit Page 1 of 7 Public Entity Crimes Page 2 of 7 Equal Opportunity / Affirmative Action Statement Page 4 of 7 Conflict of Interest Statement Page 5 of 7 Dispute Disclosure Form Page 6 of 7 Anti- Kickback Affidavit Page 7 of 7 Attachments City of Sunny Isles Beach f Invitation to Bid No. 12 -07 -01 "'Y op "IA N", 'r "Y of SUN PTV 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. Fleet Bus Maintenance & Repair Services Invitation to Bid No. 12 -07 -01 The Bid Specifications for this Invitation to Bid are available from DemandStar by calling (800) 711 -1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach — Office of the City Clerk. Vendors who obtain the Bid Specifications 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. Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by the City Clerk no later than 02:30 PM, on Tuesday, 07/31/2012 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th 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: "IMPORTANT, BID ENCLOSED" Bid No. 12 -07 -01 Fleet Bus Maintenance & Repair Services OPENING DATE AND TIME: Wednesday, 07/31/2012 at 02:30 PM The Owner 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 Owner 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 Invitation to Bid No. 12 -07 -01 shall be directed in writing to Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be submitted via email to: JHInes(a)sibfl.net or via facsimile (305) 792 -1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Jane Hines, CMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach I Invitation to Bid No. 12 -07 -01 'Vry of suss tr- 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 /0L*5TIONS: Any questions concerning the Sid Specifications or any required need for clarification must be made to Jane A. Hines, CMC, City Clerk via email to: lHinesAsibfl.net or via facsimile (305) 792 -1563 or via regular mail at: lane A. Mnes, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clari0cation /exptanation or questions must be made in writing to Jane A. Hines, CMC, 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.demaridstar.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 Proposers from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN NOLDEWS LIST: 1.3 1.4 1.5 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 -17D3. 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 proposers (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 Offlco of the City (Jerk at (305) 792 -1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Bid Response Sheet. SPF,OIAL ACCOMMODATIONS: 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 ". 116 810 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 an 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.5IGNATURES.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 proposers prior to the opening must be initialed and dated by the proposers. No changes or corrections will be allowed after Bids are opened. Bids must contain an original, manual signature of an authorized representative of the congpany. 1.9 WLTHDRAWAL OF BIDS: Proposers 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 Proposers in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 1.10 BID OPENING: Any person requiring a special accommodation at a Pre -Bid Conference or Bd/RFP /RFQ opening bemuse of a disability should call the Office of the City Clerk at (305) 792 -1703 at lease five (5) 1.11 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). PUBLIC ENTITY CRIMES STATEMENT: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes "a person or affiliate who has bew 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, sib-Contractor, or consultant under a contract with any Bids will be opened publicly at the time and place stated in the Notice to Bidder. It is the responsibility of the proposers 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 Bld 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. EVALUATION OF BIDS: The City, at its sole discretion, reserves the right to inspect any /all Proposers facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Proposers, 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 Proposers shall hold the City, it's officials and employees harmless and covenant not to sue the City, its 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 Proposers to comply with the conditions, specifications, City of Sunny Isles Beach I Invitation to Bid No. 12 -07 -01 E requirements, and terms as determined by the City, shall be just muse 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 1,18 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 Contractor, 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. 1.19 The Proposers who has the Contract awarded to them and who fails to execute the Agreement and fumish 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 Proposers fails to enter into the Contract and famish the Bonds as herein before provided. Bid Security deposited L20 in the form of a cashier's check drawn on a local bank in goad 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 1.21 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. 1.22 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 ocnceming 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: `y7y OF 8ot-i; I"" 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 Bd. 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 Proposes 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. SAFETY STANDARDS: The Proposers warrants 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. WARRANTIES: Successful Proposers 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. COPYRIGHTSIPATENT RIGHTS: Proposers warrants 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 Brd. The seller agrees to indemnify City from any and all liability, loss, or expense occasioned by any such violation. LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRADQN]: The contractor shall be responsible for obtaining and maintaining throughout the contract period his or her city acd county local business tax receipts. Each vendor submitting a Bid on this Request for Proposal shall include a copy of the companys 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 contractor 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. Samples of items, when required, must be fumished by the Proposers free of charge to the City. Each individual sample must 1.23 LIABILITY INSURANCE PERMITS AND LICENSES be labeled with the Proposers name and manufacturer's brand name and delivered by them within ten (10) calendar days of Proposers shah assume the full duty, obligation, and expense or Proposers receipt of the `Notice to Proceed ", unless schedule obtaining all necessary licenses, permits, inspections, and insurance indicates a different time. If samples are requested subsequent to required. The Proposers shall be liable for any damages or loss to the Bid opening, they should be delivered within ten (10) calendar the City occasioned by negligence of the Proposers (or their agent) days of the request. The City will not be responsible for returning or any person the Proposers has designated In the completion of samples. their contract as a result of the Bid. Contractor shall be required to fumish a copy of all licenses, certificates of competency or other 1.17 OUANTITYGUARANTY: licensor requirements necessary to practice their profession as required by Florida State Statute, Miami -Dade County, and City of No guaranty or warranty is given or implied by the City as to the Sunny Isles Beach Code. Contractors shall include current Miami - total ar nount that may or may not be purchased from any resulting Dade County Certificates of Competency. These documents shall City of Sunny isles Beach Request for Proposal No. 12 -07 -01 1.24 1.25 1.26 1.27 be fumished to the City along with the B_ roc . Failure furnish these documents or to have required licensor will grounds for rejecting the Bid. CERTIFICATE(s) OF INSURANCE: Proposers 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 " additioral insured" with respect to this coverage. The required certificates of insurance shall riot only name the types of policies provided, but shall also refer specifically to this Bid and section. At the time of Bid Siubmission the Proposers 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 Proposers 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 Proposers, 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 servkc 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 Proposers hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. ASSIGNMENT: The Contractor 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 Contractor changes hands subsequent to the award of this contract, Contractor 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. HOLD HARMLESS /INDEMNIFICATION. The Contractor 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 Contractor, 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 Contractor. NQN- CONFORMANCE TO CONTRA The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to meet the speciFcatiOn requirements. Upon written notification of rejection, items shall be removed within (5) calendar days try 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 1.28 1.29 1.30 ""i"OF SUN hr- delivery schedules may result in the Contractor being found in default. DEFAULT PROVISION: In case of default by the Proposers, the City of Surety Isles Beach may procure the articles or services from other sources and hold the Proposers responsible for any excess costs occasioned or incurred thereby. 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. DE 1TI S: 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 Contractor 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, try addition, deletions, clarifications or corrections. Approved: Means approved by the City. Bid: The offer of the Proposers submitted on the prescribed form setting forth the prices for the Work to be performed. Proposers: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance bond and other instruments of security, furnished by the Contractor and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the Worts, 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 Proposers, Contractor's Bid, the Bonds, the Notice of Award, the Agreement between the City and Contractor 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 City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 `1Fy OF 311N I�,_ Acknowledgment of Conformance with the City of Sumy Isles Beach. Written Notice: The term "Notice" as used herein shall mean and include all written notices, Contract Price; The total monies payable to the demands, instructions, claims, approvals Contractor under the Contract and disapproval's required to obtain Documents. compliance with Contract requirements. Written notice shall be deemed to have Contract Time: The number of calendar days stated in been duly served if delivered in person the Agreement for the completion of the to the individual or to a member of the Work. firm or to an officer of the corporation for whom it is intended, or to an Contracting Officer: The individual who is authorized to sign authorized representative or such the contract documents on behalf of the individual, firm, or corporation, or if City's governing body. delivered at or sent by registered mail to the last business address known to Contractor: The person, firm or corporation with them who gives the notice. Unless whom the City has executed this otherwise stated in writing, any notice Agreement, to or demand upon the City under this Contract shall be delivered to the City. Day, A calendar day of twenty-four hours measured from midnight to the next 131 DID AWARD midnight. The City reserves the right to reject any and all Bids at its sole Field Order: A written c, der issued by the City which discretion. Bids shall be awarded by the City after the City clarifies or interprets the Contract performs all necessary searches, inquiries, exploration, and analysis Documents or orders minor changes in of the Bids. The Bid shall be awarded to the lowest responsible the Work. and responsive proposer whose Bid best serves the interests of and represents the best value to the City in conformity with the criteria Modification: Modification means any one of the set forth In Section 62 -8 of the City Code. No Notice of Award will following: (a) a written amendment of be given until the City has conckided any investigation(s) as they the Contract Documents signed by both deem necessary to establish the ProposWs capability to perform parties, (b) a Charge Order, (c) a the Services as described in this RFP, ITB, RFQ or ITQ, as written clarification or interpretation if substantiated by the required professional experience, client issued by the Qty, or (d) a written order references, technical knowledge and qualifications; and sufficient for minor change or alteration In the labor and equipment to comply with the Citys established Work issued by the City. A modification standards, as well as the financial capability of the Proposer to may only be issued after execution of perform the Work in accordance with the Contract Documents to the Agreement. the satisfaction of the City within the time prescribed. The City reserves the right to reject the Bid of any Proposers on the basis of Notice of Award; The written notice by City to the these queries and investigations and who does not meet the City's apparent successful Proposers stating satisfaction, even though the firm may be the lowest dollars and that upon compliance with the cents Bid. In analyzing Bids, the City will also take into conditions precedent to be fulfilled by consideration client references, past work experience and work him within the time specified, City win product, proven ability to satisfactorily perform. If the Contract is execute and deliver the Agreement to awarded, the City will issue the Notice of Award and give the him. successful Proposers a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right Samples; Physical examples which illustrate to award the contract to a proposer who is not necessarily the materials, equipment or workmanship lowest dollars and cents proposers on the basis of the results of and establish standards by which the these queries and investigation(s). Work will be judged. 1,32 EXECUTION OF AGREEMENT: Specifications: Those portions of the Contract Documents consisting of written At least four counterparts of the Agreement, the Performance technical descriptions of materials, Bond, the Certificates of Insurance and such other Documents as equipment, construction systems, required by the Contract Documents shall be executed and standards and workmanship as applied delivered by Contractor to the City within ten (LB) calendar days of to the Work. receipt of the Notice of Award. Statement of Services: The form furnished by the City which is 1.33 LAWS AND REKAJI ATIONS: to be used by the Contractor in requesting progress payments. The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Supplier; Any person or organization who supplies Contractor observes that the Specifications are at variance materials or equipment for the Work, therewith, they will give the City prompt written notice thereof, and including that fabricated to a special any necessary changes shall be adjusted by an appropriate design, but who does not perform labor modification. If the Contractor performs any Work knowing it to be at the site. contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising Work: Any and all obligations, duties and wherefrom. responsibilities necessary to the successful completion of the Project 1.34 TAXES: assigned to or undertaken by Contractor under the Contract Documents, The City of Sunny Isles Beach is exempt from sales tax imposed by including all labor, materials, equipment the State and/or Federal Government. Florida Sales Tax Exemption and other incidentals, and the furnishing No. 23 -00- 477131 -54C appears on each purchase order. thereof. Exemption certificates are available upon request. City of Sunny Isles Beach j Request for Proposal No. 12 -07 -01 1,35 1.36 1.37 QVTYTODEFEND INDEMNIFY AND SAVE HARMLESS In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor 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 Contractor or his Sub- Contractor, agents, servants or employees. The Contractor 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 Contractor, Sub - Contractor, 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 Contractor 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 shalt 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, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Contractor, its Sub-Contractors, or by anyone directly or indirectly employed by either. DECISIONS ON DISAGREEMENTS: The City will be the initial interpreter of the Technical Specifications. CITY MAY TERMINAL If the Contractor is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the Contractor or for any of their property, or if they file a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar taws, 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 Contractor and the surety ten (10) days written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method they may deem expedient. In such case the Contractor 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 Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the City. Such costs incurred by the City will be determined by the City and 1.38 1.39 1.40 1.41 47ryOF sum P "', incorporated in a Change Order. If after termination of the Contractor under this Section, it is determined by a court of competent jurisdiction for any reason that the Contractor was not in default, the rights and obligations of the City and the Contractor shall be the same as if the termination had been issued pursuant to this document. 1.37.1 Where the Contractor's services have been so terminated by the City said termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Contractor will not release the Contractor from liability. 1.37.2 Upon ten (10) days written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement. In such case, the Contactor 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 profit for Work which has not been performed. MISCELLANEOUS: Proposers acknowledge the following miscellaneous conditions: 1.38.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall he 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 shalt remain the property of the City. The Contractor 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 Contractor 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 Contractor suffer injury or damage to its person Or property because of any error, omission, or act of the other or of any of their employees or agents or otters for whose acts they are legally liable, claim shall be made In writing to the other party within a reasonable time of the first observance of such in jury or damage. WAIVER OF XIRV TRIAL: City and Contractor knowingly, irrevocably voluntarily and Intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work there under. (aDVERNING LAW: The Contract shall be construed in accordance with and governed by the law of the State of Florida. VENUE: City of Sunny isles Beach I Request for Proposal No. 12 -07 -01 Venue of any action to enforce the Contract Documents shall be in Miami -Dade County, Florida. 1.42 ARBITRATIOAI; It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non - prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 1.43 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 Contractor which relate in any way to the Project, and W any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project. Contractor shall retain and make available to tyryor suss IS 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 folowing final completion of the Project. During the Project and the three year period following final completion of the Project, Contractor shall provide City access to its books and records upon five days written notice. 1.44 SEVERABIUTY: If any provision of the Contract or the application thereof to any person or situation shall to any extent, be hdd 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. 1.45 INDEPENDENT CONTRACTOR: End of Section The Contractor is an independent Contractor under the Contract Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purd-asing policies and other similar adndnistrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 • Section 2 Special Terms and Conditions 2.1 (PURPOSE OF BID: "rY or suss ��' The purpose of this solicitation is to establish a contract for preventative maintenance and repair services City owned buses for the City of Sunny Isles Beach on an as needed basis. 2.2 PRE -BID CONFERENCE: Intentionally Omitted 2.3 TERM This contract will commence on the first calendar day of the month succeeding approval of the contract by the City Commission, or designee, unless otherwise stipulated in the Notice of Award letter, which is distributed by the City's Purchasing Agent; and contingent upon the completion and submittal of all required Bid documents. This contract shall remain in effect for one (1) year; provided that the services rendered by the bidder during the contract period are satisfactory and that City funding is available as appropriated on an annual basis. 2.4 OPTIONS TO RENEW Prior to, or upon completion, of that initial term, the City shall have the option to renew this contract for an additional four (4) one year renewals. Prior to completion of each exercised contract term, the City may consider an adjustment to the price based on changes in the following pricing index: Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W): Miami — Fort Lauderdale, FL It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the vendor's request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The vendor adjustment request should not be in excess of the relevant pricing index change. If adjustment request is not received from the vendor, the City will assume the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The City reserves the right to negotiate lower pricing for the additional term(s) based on market research information or other factors that influence price. The City reserves the right to apply any reduction in pricing for the additional term(s) based on the downward movement of the applicable index. The City reserves the right to reject any price adjustments submitted by the vendor and /or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 1 W1 yorStM1`, prerogative, and not a right of the vendor. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. Should the vendor decline the City's right to exercise the option period, the City may consider the vendor in default which may affect the vendor's eligibility for future contracts. NOTE: IF MULTIPLE VENDORS ARE INVOLVED UNDER THE GIVEN CONTRACT, ANY OPTIONS TO RENEW WILL BE RESTRICTED TO THE SPECIFIC ITEMS OF WORK INITIALLY AWARDED TO ANY SPECIFIC VENDOR. 2.5 METHOD OF AWARD Award of this contract will be made to the lowest priced responsive, responsible vendors on a group -by -group basis, To be considered for award by group, the vendor shall offer prices for all items within a given group. The City will then select the vendors to award for each group by totaling either the unit prices for all of the items within each group, or if so structured, by totaling the extended pricing for each item within each group. If a vendor fails to submit an offer for all items within the group, its offer for that specific group will be rejected. While the award will be made to multiple vendors by group to assure availability, the City intends to use the lowest priced vendor to meet its requirements or to use other sources as appropriate and in the City's best interest. Award to multiple vendors is made for the convenience of the City and does not exempt the primary vendor from fulfilling its contractual obligations. Failure to perform as noted may result in the vendor being deemed in breach of contract. The City may terminate the contract for default. The geographical location of the proposers facility will be taken into consideration during the evaluation process. 2.5 MINIMUM REQUIREMENTS The awarded vendor must meet the following minimum requirements; Must be ASE certified in medium / heavy truck repair or similar Must maintain a repair facility. Must provide at least 3 commercial references of clients which the firm has provided similar services listed within this bid. 2.6 PRICE If the vendor is awarded a contract under this solicitation, the prices proposed by the vendor shall remain fixed and Firm during the term of contract. 2.7 PERFORMANCE BOND Intentionally Omitted 2.8 DELIVERY City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 "rr or sum �� All bidders shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized City representative. 2.9 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 afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Broad Form Property Damages • 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. 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 - Ownership. Before starting the Work, the vendor 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. The vendor agrees that if any part of the Work under the Contract is sublet, they will require the Sub - vendors) to carry insurance as required, and that they will require the Sub- vendors) to furnish to them insurance certificates similar to those required by the City in this section. 2.9.1 Cancellation and Re- Insurance: City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 'Yry OF S0S4 P- If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall be responsible for securing other acceptable insurance for the coverage specified in this section in order to maintain coverage during the life of this Contract. All deductibles must be declared by the Contractor and must be approved by the City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City, covering the same. 2.10 MONTHLY INVOICES PAYMENTS Cut -off date is the close of the last business day of the month. Contractor shall submit by the 10th day of the following month Contractor's completed Statement of Services /Invoice. Should the 10th fall on a weekend or holiday, Contractor shall submit his application on the next workday. Contractor is advised that processing of invoices must follow this schedule, as the City has funding requirements and other payment obligations which may prevent payment of late Statement of Services for that month's billing cycle. A late Statement of Services with a recommendation for payment will be paid in the next month's billing cycle. 2.11 WARRANTY A. Type of Warranty Coverage Required In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and /or service against faulty labor and /or defective material, for a minimum period of one (1) year after the date of acceptance of the labor, materials and /or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. B. Correcting Defects Covered tinder Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within 1 calendar day after the City notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and /or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a City bidder and /or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within 1 calendar day of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in default of its contract, and /or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 '4, OF SUN fir,. 2.12 COMPLETE PROJECT REQUIRED These specifications describe the items /systems required, enumerating or defining the extent of the same as necessary. Failure to list any items or classes under scope of the several sections shall not relieve the bidder from furnishing or delivering as required by any part of these specifications to the satisfaction of the City. 2.13 CRIMINAL HISTORY BACKGROUND CHECKS Prior to the commencement of work, the City, at the bidders expense, will conduct a comprehensive criminal background check by accessing the Florida Department of Law Enforcement's (FDLE) Volunteer and Employee Criminal History System ( VECHS). The City, through the VECHS program will request fingerprint based criminal history background checks for all contingent personnel hired under this contract. Through the VECHS program, the FDLE and the Federal Bureau of Investigation (FBI) will provide state and national fingerprint based criminal history information on applicants. All contingent personnel will be required to sign an authorization for the City to access criminal background information. All costs shall be borne by the bidder. 2.14 DEFICIENCIES IN WORK TO BE CORRECTED BY THE VENDOR The vendor shall promptly correct any and all apparent or latent deficiencies and /or defects in work and /or any work that fails to conform to the contract documents; regardless of the fabrication, installation or completion status of the overall task. All corrections shall be made within five (5) calendar days after such rejected defects, deficiencies, and /or non - conformances are verbally reported to the vendor by the City's project administrator, who may confirm all such verbal reports in writing. The vendor shall bear all costs of correcting such rejected work. If the vendor fails to correct the work within the period specified, the City may at its discretion, notify the vendor in writing, that the vendor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within five (5) calendar days of receipt of the notice. If the vendor fails to correct the work within the period specified in the notice, the City shall place the vendor on default, obtain the services of another vendor to correct the deficiencies, and charge the incumbent vendor for these costs; either through a deduction from the final payment owed to the vendor or through invoicing. If the vendor fails to honor this invoice or credit memo, the City may terminate the contract for default. A. DELAY PENALTIES: Should the vendor fail to make repairs within (5) working days (excluding Saturday, Sunday and Federal Holidays) from the date of the agreement to repair; or fail to supply parts needed to the City or other mutually agreed on repair facility within (5) working days from the date of order; then a delay charge of $200.00 per day (excluding Saturday, Sunday and Holidays) for each (8) hour day delay or part thereof, exclusive of Saturdays, Sundays and Holidays, shall be charged to the Guaranteed Maximum Cost of Repairs. 2.15 LABOR MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE VENDOR City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 2.16 2.17 4�rY OF SUN F�` Unless otherwise provided in Section 3 (entitled 'Technical Specifications "), of this solicitation the vendor shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the City's Project Manager. LABOR AND MATERIAL CHARGES The vendor shall provide the City with labor and materials in strict accordance with all solicitation requirements on an as needed, when needed basis. Accordingly, the vendor shall indicate the cost of this labor and materials on the submittal form included within this solicitation. The vendor shall not offer an overtime hourly labor rate that exceeds 1 1/2 times the value of the regular hourly labor rate; nor shall the vendor offer a cost of materials that exceeds a 20% mark- up from the vendor's actual cost. If non - compliance in either regard is evident either from the offer itself or from subsequent evaluation proceedings, the offer shall be considered non- responsive and ineligible for award. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The vendor hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose, In the event any of the materials supplied to the City by the vendor are found to be defective or do not conform to specifications: (1) the materials may be returned to the vendor at the vendor's expense and the contract cancelled or (2) the City may require the vendor to replace the materials at the vendor's expense. 2.18 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON SCE QUOTES: While the City has listed all major items within this solicitation which are utilized by City departments in conjunction with their operations, there may be similar items that must be purchased by the City during the term of this contract. Under these circumstances, a City representative will contact the primary vendor to obtain a price quote for the similar items. If there are multiple vendors on the contract, the City representative may also obtain price quotes from these vendors. The City reserves the right to award these similar items to the primary contract vendor, another contract vendor based on the lowest price quoted, or to acquire the items through a separate solicitation. 2.19 WORK ACCEPTANCE This project will be inspected by an authorized representative of the County. This inspection shall be performed to determine acceptance of work, appropriate invoicing, and warranty conditions. City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 "r}' op sus4 2.20 DRUG AND ALCOHOL TESTING The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Florida, or the Miami Dade County, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before March Vt and to submit the Management Information System (MIS) reports before March 15 to City Human Resource Department. To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register, 2.21 ENERGY CONSERVATION The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 2.22 FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 2.23 NO OBLIGATION BY THE FEDERAL GOVERNMENT (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2.24 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 vly op SUN "� _ Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 2.25 CONTRACT TERMINATION a. Termination for Convenience (General Provision) The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience, c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 30 days in which to cure the defect. In City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 , r7yor sutA w�- such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience The City, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include; acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. The contractor, within [10] days from the beginning of any delay, notifies the City in writing of the causes of delay. If in the judgment of the City, the delay is excusable, the time for completing the work shall be extended. The judgment of the City shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after serving a notice of termination for default, the City determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 2.26 SUSPENSION AND DEBARMENT This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by City of Sunny Isles Beach. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to City of Sunny Isles Beach, the Federal Government may pursue available remedies, including but not limited to suspension and /or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 2.27 CONTRACTS INVOLVING FEDERAL PRIVACY ACT REQUIREMENTS The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 2.28 CIVIL RIGHTS The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 "r Y or SUN (�r 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 2.29 DISADVANTAGED BUSINESS ENTERPRISES a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial City of Sunny Isles Beach J Request for Proposal No. 12 -07 -01 4ryy OF SU4 P�` Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10 %. The agency's overall goal for DBE participation is 10 %. A separate contract goal has not been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT- assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. Intentionally Omitted d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City. In addition, the contractor may not hold retainage from its subcontractors. e. The contractor must promptly notify the City, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City. 2.30 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. END OF SECTION City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 Section 3 Scope of Services / Technical Specifications 3.0 BACKGROUND 4'rYOF 5UtA fig,_ The City's fleet consists of approximately 6 mini buses, and will be receiving two additional buses within the next several months. The goal of the City of Sunny Isles Beach Fleet Department is to ensure their safe and economical operation by having an effective preventative maintenance program in place and providing for general repairs. The City has established minimum specifications which include special and specific vehicle maintenance requirements to assure the safe and economical operation of city fleet vehicles. The successful repair facility shall possess appropriate facility, equipment, and professional staff with the skills and experience needed to maintain the City's fleet in accord with Manufacturer's recommended specifications. The facility shall have the ability to perform quality work, as solely determined by the City of Sunny Isles Beach, qualifying it to maintain the City's fleet as specified. The selected repair facility will, from the onset, be held to a very high level of performance and efficiency in maintaining the City's fleet. The contractor shall furnish all necessary supervision, labor, tools and parts and supplies necessary to provide the service for the City's fleet in accordance with Manufacturer's recommendations in order to maintain factory warranties and any extended warranties. City of Sunny Isles Beach Approximate number of buses in Fleet by year Make and Model YEAR.._;_;:. _.. MAKE' 2004 FORD E -550 2006 FORD E-450 2006 FORD E -450 2004 CHEVY C5500 2004 CHEVY C5500 2010 CHEVY C5500 3.1 SCOPE OF SERVICES Preventative Maintenance (PM) - Scheduled inspection of the vehicle based on either time or mileage. PM's are scheduled for either 4 months or 4,000 miles, whichever comes first, Select vehicles due to their unique service are performed more frequently. A PM consists of a visual inspection of the vehicle for damage or missing parts, functional testing of components, lubrication, tire rotation, and servicing as needed. We average 1,200 PM's a year. The following should be performed: Component Action *reflects additional charge over PM rate City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 "'IV OF SUN �� Visual inspect vehicle for damage or missing Advise accordingly arts Verify function of dash board warning Advise accordingly indicators during prove out (key in crank mode) advise if any warning indicators are continuously on. Record idle hours for Police units Check horn & lights for operation. *Repair as needed Tires - Inspect for unusual wear or thread at *Replace as needed. or below 4/32nd of an inch Rotate tires (if spare is new, rotate into Part of PM service) and inflate to manufacturers recommendations Parking and service brake Inspect for proper operation and advise accordingly. Inspect coolant, brake, power steering, Top off fluids and advise of any concerns. transmission, rear axle, and washer fluid. *Any Level 3 leak, fluid leaking on the ground must be repaired. Engine oil Check oil level and condition prior to changing it. Advise of any concerns. Next change oil and filter. Fill to top of full line on di stick Inspect wiper blade and washer pump *Replace as needed. Air Filter *Replace as needed Battery terminals Service art of PM Transmission fluid and fuel filter __*Replace at 30,000 mile intervals 3.2 TECHNICAL REQUIREMENTS Replacement Parts — Replacement parts should be New Original Equipment unless noted otherwise or agreed upon for a specific repair or authorized by the Fleet Manager or designee. Where an O.E. has multiple lines, the premium line should be used (Example: Motorcraft use Super Duty, AC Delco use OE Service). Exceptions Motor Oil must be of premium grade and meet Ford Motor Company's specifications for 5W -20 or 5W -30 Synthetic Blend for gasoline engines and 15W 40 Super Duty for diesel engines. Going forward, manufacturers may switch to a full synthetic. Provision for price adjustments will be noted below. Brakes on Ford Motor Company vehicles should be Motorcraft Super Duty when available or Motorcraft. For marked patrol units use Ford Originai Equipment pads, not Motorcraft. City of Sunny isles Beach ( Request for Proposal No. 12 -07 -01 "7 of SUN �V' 3. Transmission / Rear Axle Fluid / Refrigerant / Brake Fluid -- Must be of high quality and meet O.E. manufacturer's specifications. 4. Wiper Blades — High quality refill (Anco or Trico is acceptable), for GM AC Delco Advantage line is preferred. 5. Misc. supplies — hose clamps, wire connectors, etc. must be of high quality. Labor — Technicians must be certified by either the respective vehicle manufacturer or ASE certified for the repairs being performed. Contractor must have an ASE Certified Master Mechanic, on staff, for automobile and light trucks, mechanics shall have the following ASE certifications: • Al Engine Repair • A2 Automatic Transmission /Transaxle • A3 Manual Drive Train & Axles • A4 Suspension & Steering • AS Brakes • A6 Electrical /Electronic Systems • A7 Heating and Air Conditioning • A8 Engine Performance Contractor shall be responsible for the appearance of all working personnel assigned to the project (clean and appropriately dressed at all times). All employees of the contractor shall be considered to be at all times the sole employees of the contractor, under the contractor's sole direction, and not an employee or agent of the City of Sunny Isles Beach. Tires — The City purchases Goodyear tires using the State of Florida Contract. The repairing facility shall either be able to provide tires accordingly or agree to stock and inventory city supplied tires at no additional charges. All tires must be logged in and out electronically. The city will pay for the mounting, balance, tire valves, and disposal of old tires upon usage at State of Florida rate. The city will not be responsible for any other fees or charges. Shop Equipment — The facility shall have sufficient high quality tools and equipment to service late model vehicles (brake lathe, tire changer, tire balancer, alignment, tire pressure monitor tools, and OBDII diagnostic equipment). 3.3 HOURS OF OPERATION Contractor shall at a minimum, provide for the operation of the facility six (6) days per week, from 7:30 a.m. to 5:00 p.m. Monday through Friday, 7 :30a.m to 4:00p.m Saturday. When City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 W "ry of suss �r applicable the City reserves the right to negotiate extended hours and or decrease hours, with at least seven (7) days notice to Contractor. Contractor shall operate the facility a minimum of 56 hours per week except for a holiday as authorized by the City (New Year's Day, Thanksgiving, Christmas). Any changes in hours of service (other than those dictated by emergencies) shall be made with prior approval by the City. Successful contractor shall have access to check and respond to emalls, at least 3x's a day, morning, afternoon and late PM. Fine tuning to maximize revenues and minimum costs must be an ongoing priority. It shall be recognized that City budget decisions may reduce or extend operating hours. 3.4 PROTECTION 3.4.1 The contractor shall be solely responsible for City vehicles and equipment while in their possession for maintenance and /or repairs. 3.4.2 Vehicles left at contractor's facility during non - business hours to complete service must be stored in a secure area. 3.4.3 All minimum safety standards required by Municipal, County, State and Federal ordinances and laws shall be strictly met by the contractor. 3.5 ESTIMATES Bidder shall provide written "not to exceed" estimates on any repair. The estimate will include the estimated number of hours, hourly rate, estimated material cost and completion date. It will be the bidder's responsibility to ensure they have all the equipment and materials to provide accurate estimates. No work shall be performed by the contractor before authorization is provided by the City's Fleet Manager or designee. 3.6 HOURLY RATE The hourly rates quoted shall include full compensation for labor, equipment use, and any other cost to the bidder. 3.7 QUALITY OF PARTS TO BE FURNISHED Parts furnished to the City shall meet or exceed the quality of the parts furnished originally for the equipment (OEM). However, if the original manufacturer has updated the quality of the parts for current production, parts supplied under this contract shall equal or exceed the updated quality. Failure to provide items of such quality will be cause for rejection and / or return of said item. The burden of proof and cost of analysis will be the Contractor's. There will be no reboxing of parts. City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 �y �y Of sUN � Rebuilt / remanufactured parts will have been dismantled and reconstructed as necessary: all internal and external parts cleaned and made free from rust and corrosion; all impaired, defective, or substantially worked parts restored to a sound condition or replaced with new, rebuilt, or unimpaired used parts; all missing parts replaced with new, rebuilt, or unimpaired used parts; and such other operations performed as are necessary to put the product in sound working condition. Rebuilt or used parts must conform to the manufacturer's reconditioning tolerances. Costs for lubricants, grease, and other similar materials used to maintain or repair city fleet vehicles shall be included in the parts cost incurred by the Contractor and ultimately to be part of the targeted operating budget costs in accordance with the provisions of this agreement. 3.8 PERFORMANCE STANDARDS The Contractor needs to be fully aware of the fact that City departments that rely on vehicles to perform their functions operate in a highly competitive environment and time for maintenance and repair work is of the essence. With this in mind, the Contractor will meet the performance standards noted below during the term of this agreement. The Contractor will be expected to maintain these performance standards at all times. labor disputes, strikes, and other events, except those beyond the Contactors' control will not relieve the Contractor of meeting these standards. 3.9 VEHICLE TURNAROUND TIME STANDARDS The following percentages of all maintenance and repair work must be completed within 24 hours of the vehicles delivery to the garage or within 24 hours of notification of maintenance requirements (excluding weekends and non - working holidays): General Fleet Vehicles 85% of the time One -Ton or Smaller Vehicles 80% of the time Larger than One -Ton Vehicles 75% of the time (Includes Construction Equipment & other specialty equipment) No more than 5% of all vehicles will be out of services for maintenance or repair for more than 48 hours per trip to the garage with the following exceptions: A. Accident or Vandalism Repair: If the cost of repair is less than $2,000, the repair must be completed within ten (10) calendar days of the damage notification. If the cost of repair is $2,000 or greater, the repair must be accomplished within twenty (20) calendar days from the date of damage notification. B. Vehicles awaiting repair authorization from the City: In cases where the Contractor is awaiting repair authorization from the City to proceed with a given repair, the period City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 4�4, of StA A" from which turnaround time is measured will begin with the City's authorization to process with the repair. C. Major component overhauls or replacements: Major component overhauls or replacements within the first four (4) months of the initial contract year will require written authorization from the City. The amount of time allowed for these repairs will be decided by the City as a function of the need for the vehicle and the nature of the repair. D. Vehicles Exempted by the City: In instances where the City derides that it would be in the City's best interest to temporarily waive vehicles turnaround performance standards for all or selected vehicles, the City will provide the Contractor written notification of this decision including specification of the time period for which these standards will be relaxed. The Contractor is responsible for notifying the representative of user departments by telephone, email or in person when any vehicle will be out -of- service for maintenance or repair for more than 24 hours. 3.10 REWORK All rework must be performed within 24 hours after City notification of corrective action. 3.11 AD HOC REPORTS The Contractor may be required to assist in the generation of any ad hoc reports as the City or any of its user departments may request. In addition some users may require copies of repair orders when vehicles are picked up to document costs incurred that are eligible for Federal reimbursement. All such requires must go through the City's Fleet Manager. END OF SECTON City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 4'�y©F SUN fie,_ DELIVER TO: INVITATION TO BID City of Sunny Isles Beach SECTION 4 OPENING: 02:30 P.M. City Clerk BID SUBMITTAL FORMS 18070 Collins Avenue 07/31/2012 Sunny Isles Beach, FL 33160 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request, Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of 07/18/2012 Pages 28 through 32 Sealed bids are subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. IFS 12 -07 -01 Fleet Bus Maintenance & Repair Services A Bid Deposit in the amount of 0% of the total amount of the bid shall accompany all bids A Performance Bond in the amount of 00/0 of the total amount of the bid will be required upon execution of the contract by the successful bidder and Clty of Sunny Isles Beach Procurement Aoent: Marcanthony Tulloch Commodity Code(s): Firm Name: RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 38 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE City of Sunny Isles Beach j Request for Proposal No. 12 -07 -01 "rY of suo P" BID FORM BUS f=ront Suspension and Steering Cap Repair, including frame straightening and rebuilding components. A Indicate the actual Posted Shop Labor Rate $ B Percentage Discount from the Posted Shop Labor oho Rate C Discounted Hourly Shop Labor Rate $ AND Percentage Discount off the O.E.M. / MSRP List for parts FLAT RATE SERVICES No. Description Extended Cost D Alignment of Front Axle Only (complete) $ E Alignment of Front and Single Rear Axle (complete) $ F Oil Change $ U to 5 uarts of Oil and Oil Filter0 Required Documents For Group 3 Reference Required Document Acknowledgment Section 2.20 Drug and Alcohol Testing Program (The contractor shall either attach a copy of their drug and alcohol testing policy and / or acknowledge that a policy will be developed an adhered to during the life of this contract.) City of Sunny Isles Beach j Request for Proposal No. 12 -07 -01 t.ry of SON SECTION 4 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART Il, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID PART II: Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: TITLE OF OFFICER: DATE: City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 Vq y of 91j" P' BID SUBMITTAL FORM Bid Title: Fleet Bus Maintenance & Repair Services The undersigned Proposers propose and agree, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach in the form included in the Contract Documents 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 Proposers accept all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposers agree to sign and submit the Agreement with the Bonds and 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 Proposers represent, as more fully set forth in the Agreement, that; The Proposers have familiarized themselves 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 Proposers have 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 Proposers. 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 Proposers have not directly or indirectly induced or solicited any other Proposers to submit a false or sham Bid; the Proposers have not solicited or induced any person, firm or corporation to refrain from Bidding; and the Proposers have not sought by collusion to obtain for itself any advantage over any other Proposers or over the City. The Proposers understand and agree that the Bid is for unit prices to furnish and install individual Work Items for maintenance and /or repair work, complete in place. Estimates are provided for the purposes of Bid Evaluation and to establish unit prices for individual Work Items for maintenance and /or repair work to be contracted by the City under individual Purchase Orders, based on the unit prices established under this Bid. The City and the successful Proposers will establish completion times for each individual Work Item and the successful Proposers agree that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and /or Notice to Proceed. City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 'Y � or suss P� Firm Name: Street Address: Mailing Address (if different): Telephone No. Email Address: No. No. * "By signing this document the bidder agrees to aU Terms Signature: (Signature of authorized agent) Print Name: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER 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 PROPOSER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01 AFFIDAVITS IX x/ FLO OF sutA 1= I 5 i City of Sunny Isles Beach I Request for Proposal No, 12-07-01 , L �'Z 7 Ado �VjyNY'lS�F��� NON - COLLUSION AFFIDAVIT u _ x City of Sunny Isles Beach 18070 Collins Avenue sP 99:a. t`oe's° 4. Sunny Isles Beach, FL 33160 r" or suN � 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, of which he is (Name of Corporation, Partnership, Individual, etc.) a, , formed under the laws of (Type of Business) (State) (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 AQQ SV {r N Y ,SLFJ @F PUBLIC ENTITY CRIMES City of Sunny Isles Beach pry T' 18070 Collins Avenue bF F UO:p��o��r Sunny Isles Beach, FL 33160 rY' of sus+ �`' 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 M/ [prim moivwauars name and tnia] for Ipnnt name ot entity su mi ing swom 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. 1 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. 1 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. 1 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 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. 1 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 1011998 3 of 7 e= EQUAL OPPORTUNITY / AFFIRMATIVE ACTION �FP'F�.lI IF OR`�P � 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: ❑ECEdBER28, 2010 4 of 7 _�SV{JNY rs�Fs CONFLICT OF INTEREST u _ _ City of Sunny Isles Beach a:hra eit� 18070 Collins Avenue yP c�op�� Sunny Isles Beach, FL 33160 c'* OF suvi 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 deposes, and states: 18.1. 1 am the a local office in who was duly sworn, of 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. 18.71 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. 18.81 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, 1, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this day of 12010. AFFIANT Print or Type Name and Title Sworn to and subscribed before me this day of .2010. O Personally Known OR O Produced Identification ; Type of Identification NOTARY PUBLIC STATE OF FLORIDA DECEMBER 28,2010 5 of 7 iVNY �ftE. 64 f'@ DISPUTE DISCLOSURE V Z City of Sunny Isles Beach 18070 Collins Avenue eye �t'hr A�gF!�'S� Sunny Isles Beach, FL 33160 c rr'0, $00'�� 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 faisification 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 s Ors � sp X• sl0R1 tiw Carr Of W04 Sao STATE OF FLORIDA ) COUNTY OF ) 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 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 executed]. AFFIX NOTARY STAMP HERE: [type of authority], for [name of party on behalf of whom instrument was Notary Public — State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced OECEmsER 28, 2010 7 of 7