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City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 11-01189
Enactment #: R-12-0010
Version: 2
Type: Resolution
Introduced: 12/9/11
Status: Passed
Enactment Date: 1/12/12
Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
("AGREEMENT") WITH LIMOUSINES OF SOUTH FLORIDA, INC., IN SUBSTANTIALLY THE
ATTACHED FORM, TO PROVIDE MUNICIPAL TROLLEY OPERATIONS SERVICES FOR THE
CITY OF MIAMI PER THE COMPENSATION SCHEDULE SET FORTH IN ARTICLE V OF THE
AGREEMENT; ALLOCATING FUNDS FROM THE CITY OF MIAMI'S SHARE OF THE TRANSIT
SURTAX FOR. SAID PURPOSE.
WHEREAS, the Capital Improvements Program ("CIF") and the Office of Transportation procured through the
Purchasing Department a Request for Proposals ("RFP") No. 256244,1 on February 11, 2011, to procure a qualified and
experienced company to provide Municipal Trolley Operations Services for the City of Miami ("City"); and
WHEREAS, on March 29, 2011, four (4) proposals were received in response to the RFP: American Coach Lines of
Miami, Inc. d/b/a Coach America ("Coach America"), First Transit, Limousines of South Florida d/b/a LSF Shuttle ("LSF
Shuttle"), and Safeguard America, Inc. d/b/a Americas Transportation ("Americas Transportation"); and
WHEREAS, all firms were deemed responsive as part of the due diligence effort provided by the Purchasing
Department; and
WHEREAS, an evaluation committee ("Committee") convened on April 29, 2011, to evaluate the responses to the
solicitation, and again on. June 2, 2011, to conduct oral presentations with all four (4) proposers; and
WHEREAS, the RFP required each Proposal to respond to the Submission Requirements which included Experience and
Key Personnel, Financial Capability, Equipment and Facility, Service Plan and Capability, Programs and Plans, and Fees for
Services; and
WHEREAS, based on the results of the Committee's evaluation, LSF Shuttle was determined to be the top -ranked firm;
and
WHEREAS, on July 28,2011, the City Commission adopted Resolution No. 11-0323, endorsing the findings and
recommendations of the Committee and authorized the City Manager to negotiate an agreement with LSF Shuttle; and
WHEREAS, the attached Professional Service Agreement ("Agreement") defines the Scope of Services and Initial Term
and Renewal Options; and
WHEREAS, the term of this service is for five (5) years of operation commencing on issuance of a Notice to Proceed and
includes the option to extend for five (5) additional one (1) year periods, for a total term of ten (10) years, per the
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
http://egov.ci.miami.fl.us/LegistarWeb/temp/rep30Cl.html[1/26/2012 11:31:25 AM]
Crystal Report Viewer
Compensation Schedule set forth in Article V of the Agreement; and
WHEREAS, City Commission authorization of this Agreement includes delegation of authority to the City Manager to
administratively approve said extensions, provided the availability and appropriation of funds; and
WHEREAS, the Fee for Services for LSF Shuttle for the first two (2) years of operation is $27.97 per in-service hour; and
WHEREAS, the service will be funded by the City's share of the Transit Surtax and not from the General Fund; and
WHEREAS, the Fiscal Year 2011-2012 allocation shall not exceed $2,000,000; and
WHEREAS, said budget may be amended as necessary, subject to the availability of funds; and
WHEREAS, the City Manager requests authorization to execute an Agreement with LSF Shuttle to provide Municipal
Trolley Operations Services for the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and
incorporated as fully set forth in this Section.
Section 2, The City Manager is authorized { 1 } to execute an Agreement with LSF Shuttle, in substantially the
attached form, to provide Municipal Trolley Operations Services for the City per the Compensation Schedule set forth in
Article V Of the Agreement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2}
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
http://ego v.ci.miami.fl.us/LegistarWeb/temp/rep30C1.html[1/26/201211:3.1:25 AM]
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PROFESSIO AL SERVICES AGR EEM.E T BETWEEN LI OESM$ 0
SOUTH FLORIDA, INC« AND THE CITY Of 1VIiAMI, ; "LOVDA, 'OR
MTJNJCIFAL TROLLEY OPERATIONS SERVICES FOR THE CITY OP 1flAM
441
s Professional Services Agreement {"Agreeinent") entered into t is daS'
l' 4 2012) by and between tl e Oily of lviianrn, Florida, , (.'' it r"), a
ntcipal corpdrattan organized and existing under and by virtue of the laws of the .State
of Florida, 4 "SW 2"d Avenue, Miami, Florida. 33130:and, Limousines ofSotttb Florida,
Inc. ("NSF'' or "LSF Shuttle" or "Contractor"), a lorida corporation,,}paving its principal.`
place of business at 2595,14W 38. treet,:lvttatn:i, FL, 331.42.
WREPEAS, the 201`0 Florida ,Legislature enacted CSJIM 1271 codified as Ala.
State §212 055(1), as amended, to order to allow TransitSnrtaa: funds for the Plann
developmenti,constinetion, operation, anal maintenance oflatis systems; and
ng,•
WHEREAS, pursuant t l laml lade° ; County Ordinance No, 02 1.16 as
amended March 15, 2011 trans e nattire'of circulator buses is an eligible:
expense from the Charter Cunty Trat�sportattoi Systemilts.* funds
St` ('iransit Surta
tx),
and.
VIIEREA 5, the City finds`. t desirable to prow d
of 1`rliatni for unproved mobility, eihanced accessihtltty
and residents; and
transit serutces to the residents
and to :support logai businesses
WI IEREAS, the scrvzce as completely .or pa daily
o1'the Transit Surtax and not the General Fund; and
VE[EFtE.AS, the 'City of Miami,rida ,adve
cctntract for trolley ,services, No, 256244, 1 i and
WHERE S, on .April 29,, 201,1 and Tune 2, .2011, 'tla Eva
h;�Kaed Limousines "of •south ``Fltsrida Inc.::as
proposer;'and
ise
pride
Request
.011 the . Cit r's. share.
oaisfizz'a.
anon Committee.
least qualified
ERAS, th pity tivarde tie Qc.ntradt to L eusi ies of S rtttlt Flo;
Ivlian�i," torida ' esoltit!on To 2Y tlltl (January l'2, 20.1 ), ana
EI EAS', the Cot tractor, tantiliar tivith `fhe Scope of Wet
ehdt can poses ""tlie Request :for .Proposal and ttae Contrac(aped.
expressed pits. desire and =willingness to prix�rade s tclt l z'ttlesaiopal
presented their. tlualif cationif.(.i e ity; and
WITEREA the t agrees; tr enter auto this
=tor :agrees to accept eniplc inert tinder t
required hereunder
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services and having
eetrtent ivtfilz the Contractijrand
tet�ns and conditions set .forth
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NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions hereinafter stated, the parties
hereto understand and agree as follows:
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
2Page
I. DEFINITIONS
All terms used in this Agreement shall be defined in accordance with the Rules of
Construction and Definitions, Section (2.4) of the Request for Proposal, hereinafter
referred to as "RFP," unless stated below.
"ADA" shall mean the Americans with Disabilities Act. The Americans with Disabilities
Act (ADA) gives federal civil rights protections to individuals with disabilities similar to
those provided to individuals on the basis of race, color, sex, national origin, age, and
religion. It guarantees equal opportunity for individuals with disabilities in public
accommodations, employment, transportation, State and local government services, and
telecommunications.
"Addenda/Addendum" shall mean written or graphic instruments issued prior to the
Proposal Opening which modify or interpret the Contract Documents by additions,
deletions, clarifications, modifications, or corrections.
"Agreement" shall mean the executed contract between the City and the Contractor.
"Agreement Documents" shall mean the Professional Services Agreement, the Request
for Proposal and the Response by the Contractor to the Request for Proposal as those
terms are defined and identified in this Agreement. "Agreement Documents" is
synonymous with the trade teitn "Contract Documents."
"Charter Service" shall mean service as defined in Federal Transit Administration
("FTA"), Final Rule on Charter Service as amended.
"Circulator" shall mean fixed route or semi -fixed route public transportation circulator
services where at least seventy (70%) percent of the route is within the City and said
circulator service is operated by the City, directly or by contract, pursuant to this
Agreement and Chapter 31 of the code of Miami -Dade County. May also be known as
"Trolley".
"City" shall mean the City of Miami, Florida. The City of Miami shall be referred to
herein as "City." For the purposes of this Agreement, "City" without modification shall
mean the City Manager.
"City Commission" shall mean the legislative body of the City.
"City Manager" shall mean the Chief Executive Officer and Administrator of the City.
"Contractor" shall mean Limousines of South Florida, Inc. who is the Contractor
performing the specified professional services under this Agreement.
3 Page
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
"Contract Documents" shall mean any documents ( e.g. RFP, etc.) which are specifically
stipulated as being included in the Agreement.
"County" shall mean Miami -Dade County, a political subdivision of the State of Florida
"CSD" shall mean the Consumer Services Department of Miami -Dade County
"Director" shall mean the Director of the City of Miami Capital Improvements Projects
Department or the Director's authorized designee.
"Fares" for the trolley service shall mean individual transportation fees paid by public
transit passengers in accordance with a schedule of fares adopted by City Ordinance and
as may be amended from time to time by the Miami City Commission.
"FDOT" shall mean the Florida Department of Transportation and authorized
representatives thereof.
"Federal Reporting Requirements" shall mean those requirements referenced in 49 CFR
Section 5335(a), as may be amended from time to time, and found in the National Transit
Database Reporting Manual published by the FTA.
"FTA" shall mean the Federal Transit Administration, its rules and regulations, and
authorized representatives thereof.
"In -Service" shall mean the time during which a trolley is in en -route, or authorized
detours, and stopping to load and unload passengers, or such other times a trolley is
available for use by the general public, or as otherwise specified for the benefit of the
City.
"MDT" shall mean the Miami -Dade Transit and authorized representatives thereof.
"Notice To Proceed" shall mean the same as "Authorization to Proceed." A duly
authorized written letter or written directive issued by the Director acknowledging that all
applicable conditions precedent to commencement of the services have been met and/or
directing that the Contractor may begin the services. Notwithstanding any provision to
the contrary, a Notice to Proceed for In -Service operations will not be issued until an
Interlocal Agreement for the Provision of Public Transportation Services has been
executed by the City and the County.
"Out -of -Service" shall mean all times other than when the trolley is In -Service. Out -of -
Service shall include all time spent driving to the beginning point on the route or moving
trolleys from one route to another route or location, or any such time not expressly
approved by the City as In -Service.
"Professional Services Agreement" (PSA) shall mean this Agreement between the City
and the Contractor, as it may be amended from time to time.
4tPage
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
"Project Manager" shall mean an employee or representative of the City assigned by the
Director to manage and monitor the Services to be performed under this Agreement.
"Proper Invoice" shall mean an invoice that conforms to all statutory requirements under
Florida's Prompt Payment Act, §21.8.70, et. seq., Fla. Stat., as amended and all
requirements specified by the local governmental entity to which the invoice is
submitted. Such requirements must be included in the Agreement for the project for
which the invoice is submitted.
"PTRD" shall refer to the Passenger Transportation Regulatory division of CSD.
"Response to The Request for Proposal ("RFP") shall mean the Response by the
Contractor to RFP 256244, 1.
"Request for Proposal" ("RFP") shall mean City of Miami RFP 256244, 1, RFP for
Trolley Services as amended by any Addendums.
"Risk Administrator" shall mean the City's Risk Management Administrator, or
designee, or the individual named by the City Manager to administer matters relating to
insurance and risk of loss for the City.
"Scope of Services" or "Services" shall mean a comprehensive description of the
activities, tasks, design features, objectives, deliverables and milestones required for the
completion of Project or an assignment with sufficient detail to allow a reasonably
accurate estimation of resources necessary for its completion.
"USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations
and authorized representatives thereof.
5IPage
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
II. INITIAL TERM AND RENEWAL OPTIONS
The term of this agreement shall be five (5) years of operation of service
commencing on the date stated upon the issuance of a Notice to Proceed, which will
specify the date on which the Contractor shall commence Services/Transition of Services
pursuant to this Agreement. The City retains the option to extend this Contract for five
(5) additional one (1) year periods, upon .further approval of the City Commission. Each
renewal of this Contract is subject to City Commission approval, availability of funds, all
other terms and conditions of the Agreement, and continued satisfactory performance
compliance with the specifications, terms and conditions established in Section 3.
Specification in RFP.
All activities as described in the Scope of Services shall be undertaken, performed
and completed within the term provided herein. This Agreement will be in effect during
the terns indicated above. The City reserves the right to modify the service level above or
below that specified in the agreement. If the proposed increase or decrease in the service
is greater than 20% of the original RFP service levels, based on service hours, then the
price will be re -negotiated between the City and the Contractor.
III. PRIORITY OF PROVISIONS
3.0 If there is a conflict with the Request for Proposal and/or the Response to
Request for Proposal and this Agreement, this Agreement shall in all cases prevail. The
City reserves the right to resolve any contradictions and to correct any errors contained in
its proposal documents. Any conflicts between the Request for Proposal and Addendum
shall be resolved in favor of the provisions of this Agreement.
If there is a conflict or inconsistency between any term, statement requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or
any document incorporated into the Agreement Documents by reference and a term, the
response prepared by the Contractor, or provision of the Agreement Documents the
following order of precedence shall apply:
3.1 In the event of conflicts in the Agreement Documents the priorities stated
below shall govern;
• Revisions (Amendments) to the Agreement which are executed shall govern
over the Agreement.
• The Agreement shallgovern over the RFP, any Addendum to the RFP, and
the RFP Response.
• The RFP shall govern over the RFP Response
6IPage
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
IV. SCOPE OF AGREEMENT
IN GENERAL
4.0 The professional services to be performed by the Contractor are contained
in the Request for Proposal RFP No. 256244,1 with Addendum No. 1 issued on March 4,
2011 (See Composite Exhibit "A") and the Response to Request for Proposal RFP No.
256244,1 (See Composite Exhibit "B"). The City acting by and through the Director or
the Director's authorized designee reserves the right to resolve any contradictions and to
correct any errors contained in its proposal documents.
4.1 The City will utilize its own trolleys to provide a fixed route service and a
charter trolley service. The City shall initially provide twelve (12) Trolleys to the
Contractor which shall be considered the "basic fleet" for use solely for the provision of
Trolley Services. The trolleys are owned by the City, and the Contractor shall NOT
utilize the Trolleys for any other use except as expressly authorized by this Agreement.
The Contractor agrees to provide professional services and personnel in connection with
the operation of the City of Miami Trolley System.
4.2 In the event the Contractor is asked to provide Minibuses with minimum
seating capacity of 25 passengers, the Contractor agrees to provide suitable Minibuses in
good mechanical condition and safe operating condition, in conformity with all
applicable local, state, and federal safety regulations for additional services as requested
by the City. The Contractor agrees to provide additional Minibuses with a (30) day
notice. The provided Minibuses shall operate as integral part of the City's service and
may only carry advertisements and other material provided by the City.
4.3 The Contractor agrees to initiate the Trolley service within 30 days of
Notice to Proceed.
4.4 The City shall provide to the Contractor all diesel fuel necessary for the
City -owned Trolleys. Diesel fuel shall be provided from the City fuel facility located at
the following address, 1390 N.W. 20 Street, Miami, FL. The fuel facility can be
relocated anywhere in the City at the City's discretion. The Contractor shall not use fuel
provided by the City for any purpose other than the provision of Trolley Services and for
the City -owned vehicles only. The Contractor agrees to abide by the fuel auditing
requirement to be detenniined by the City.
4.5
City's cost.
The City shall furnish and install fuel collars on all its Trolleys at the
4.6 The Contractor shall provide all diesel fuel necessary for mini buses
provided by the Contractor.
7!Page
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
4.7 Contractor shall provide Trolley Services within the City and its adjacent
areas according to a schedule determined by the City, as may be adjusted or amended
from time to time. The City shall be responsible for designation of route alignments and
transit stops. The transit stops to be established by the City shall include, but shall not be
limited to, existing Miami -Dade Transit bus stops. Contractor shall only use designated
and authorized stops along the established route alignments.
4.8 Contractor shall provide Trolley Services a minimum of five (5) days per
week and a maximum of seven (7) days per week. Contractor shall provide Trolley
Services at a minimum of four (4) hours per day per vehicle and a maximum of eighteen
(18) hours per day per. vehicle.
4.9 The City retains the right to amend route alignments, stop locations, or
hours of in-service operation from time to time at the discretion of the City Commission
or the City Manager. No Trolley Services shall be provided on the holidays determined
by the City.
4.10 The City shall provide operating schedules and Trolley blocks and will be
responsible for any adjustments or changes to the schedules. The Contractor may alter
the proposed Trolley blocks, but must submit any changes to the City for approval prior
to implementation. The Contractor will be responsible for all drivers scheduling.
4.11 The City may charge a fare for Trolley Services at its discretion and, in
such instances; the Contractor shall be responsible for collecting the fare and adhering to
a fare collection system prescribed by the City. The City shall provide a fare collection
system that will be a fare box with vaults that can be removed and delivered to the City
by the Contractor. The Contractor shall be responsible for fare collection equipment
training. The Contractor shall be responsible for safely transferring fare box collections to
personnel authorized by the City at a schedule determined by the City staff. Security of
fare collection system is the responsibility of the Contractor until they are delivered to
and received by the City. Accurate passenger counts by trip and fare category will be
taken daily, and will be delivered to the City along with fare vaults. All costs related to
fare collection training, fare collection, and transfer of fare box shall be assumed by the
Contractor.
4.12 The Contractor agrees to assist the City and the City Project Manager in
ensuring that the City comply with Articles 2.1 through 2.11, 3.1 through 3.7, 3.12, 4.1,
4.2, Article 5, Articles 6.3, 8.2, 8.3, and 8.4 and other applicable provisions of the of the
Tnterlocal Agreement between Miami -Dade Transit Agency and the City of Miami (See
Exhibit "C").
4.13 The City retains the option to expand the Trolley Services at a later date
by procuring more trolleys. Contractor agrees to provide services and personnel to such
service expansion according to the terms outlined in this Agreement.
8Page
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
4.14 From time to time, the City Manager or the Director may request that the
Contractor operate the transportation service beyond the fixed route schedule. This
additional service may include, but will not be limited to, extended hours of service,
and/or special routings during special events or to assist during periods after a natural
disaster. The Contractor will provide the service as directed by the City and will be
compensated at the hourly rate included in Section V. The Contractor shall make
available to the City, upon seventy-two (72) hours advance notice by the City Manager,
Director, or the Director's designee. The Contractor agrees to provide vehicles and
personnel to operate additional service.
4.15 The Contractor shall provide radio communication in each vehicle and a
base station at the dispatch location and GPS tracking in all vehicles. Such GPS services
shall be made available to the City at no cost and the City shall have remote and on -site
access to such devices at all times. The Contractor agrees to assist the City in
implementation a web -based real-time tracking service by providing required information
and by updating software. at no cost to the City.
4.16 The City will be allowed to sell and install advertising on the interior and
exterior of the City -owned or Contractor -owned vehicles in-service for the Trolley
service. The cost for production will be at the cost to the City and all revenues for
advertising will be retained by the City. The Contractor freely, knowingly and voluntarily
affirms that all advertizing will be permitted / approved by the City, and the City will
retain and collect all revenues from such advertizing.
4.17 The Contractor shall be responsible for the maintenance, repairs, and
secure storage of the Trolleys. Regular maintenance and repairs shall be performed in
accordance with the Trolley Manufacturers' suggested maintenance guidelines, and such
maintenance guidelines are to be provided by City. Contractor is responsible for the
repairs of accidents at the City's approval. The City retains the right to inspect and
approve repairs during and after repairs have been performed. The Contractor shall
provide advance information to the City Project Manager of maintenance and repair
exceeding $1,000.
4.18 The Contractor shall be responsible for returning the City owned vehicles
in a safe, usable, and operable condition at the end of the Agreement period, less normal
wear and tear.
4.19 The Contractor shall at all times maintain trolleys in good mechanical
condition and safe operating condition, and in conformity with all applicable local, state,
and federal safety laws, rules and regulations. Standards of performance for cleanliness,
mechanical reliability, and interior and exterior cosmetic appearance will be developed
by the City prior to the implementation of the trolley service. The Contractor will clean
and fumigate the Trolleys. The Contractor shall clean the interior of the Trolleys on a
daily basis and the exterior once a week. The Contractor will be expected to adhere to
these standards.
9IPage
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
4.20 The Contractor will ensure that vehicles are operated safely and in a
manner that will prevent excessive wear and tear. Any indication of abuse of the Trolleys
noted by the City will be brought to the attention of the Contractor for corrective action.
Repairs made necessary as a result of abusive operation of the equipment by the
Contractor's personnel will be billed to the Contractor.
4.21 The Contractor shall notify the City Project Manager of any service
irregularity which will include, but not be limited to, accidents, incidents, complaints,
service delays and schedule adherence problems, GPS operation, and farebox
malfunctions. Notification should not be more than one hour after an incident involving
personal injury and/or property damage and should occur by the end of the service day
for other incidents. Verbal notification must be followed by written documentation from
the Contractor to the City.
4.22 The Contractor shall implement and maintain formal and expedient
procedures to respond to alltrolley service accidents, disturbances, passenger injuries or
fatalities, and any other service interruptions or failures. These shall be reported to the
City in a timely manner. All traffic accidents involving trolley service vehicles,
irrespective of injury or damage, shall be immediately reported to the City of Miami
Police Department. The Contractor shall advise the City of Miami Police Department of
the accident and request a police unit to investigate the accident and the City of Miami
Police Department ID Unit to photograph the scene. The City Project Manager shall be
immediately notified by telephone by the Contractor of any accident or incident,
especially those resulting in injury, in loss or damage to the City and/or private property.
Written notification shall follow within 24 hours. This written notification shall describe
the sequence of events andinclude reports by driver, attendant, witness, etc. Further,
fatalities are to be report verbally to FDOT within 24 hours of the incident, followed with
a written report within the next 24 hours. Contractor is responsible for the repairs of
accidents at the City's approval. The City retains the right to inspect and approve repairs
during and after repairs have been performed.
4.23 The Contractor shall implement a written dispute resolution process for
the rapid resolution of passenger complaints regarding the bus services. The Contractor
shall document passenger complaints and describe any actions taken to resolve such
complaints and verbally report to the City Project Manager the complaints and actions
taken within the same business day of any complaint and in writing within 24 hours.
4.24 The Contractor agrees to abide by the service performance measures and
performance thresholds to be determined the City. The Contractor shall collect and
maintain service related data. If the Contractor is unable to meet the service performance
measures, the City shall provide a 30-day cure notice followed by a 30-day period to
cure. The City retains the right to renegotiate or terminate the Agreement if the
Contractor fails to satisfactorily address a notice to cure.
4.25 The drivers employed by the Contractor for the purpose of providing the
Trolley services shall be licensed commercial drivers with a passenger endorsement, in
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Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
compliance with City of Miami, Miami -Dade County, Florida, and the State of Florida.
All drivers shall be employees of the Contractor. The Contractor shall ensure that all
drivers are familiar with all policies and procedures, regardless of distribution of written
materials to same. The City may send a representative to any of the Contractor's driver
training classes to present the City's vision of what is expected of the transit system at no
cost to the City. Drivers shall be fully trained in defensive and vehicle handling at no
cost to the City.
4.26 Drivers shall be trained in the special skills required to provide
transportation to elderly and disabled passengers. Drivers shall assist passengers needing
assistance in boarding, alighting, and movement within the vehicles to ensure safe
transportation.
4.27 Regularly assigned drivers or trained back-up drivers shall be available
and on time daily to ensure consistent and reliable service. Passengers must never be
kept waiting, except where schedules are maintained.
4.28 Drivers shall be dressed and groomed appropriately and they shall be in a
uniform acceptable to the City. Drivers shall wear identification tags clearly displaying
their first name only while performing their duties. Each driver and Trolley shall have an
accurate timepiece available and in clear sight at all times during vehicle operation.
Drivers are required to have a thorough knowledge of traffic regulations along the route
and the schedule time points. Drivers need to be sensitive to ridership comforts, such as
the interior temperature on their respective vehicle, cleanliness of vehicles, etc.
4.29 It is highly desirable that any person hired by the Contractor for this
agreement be bilingual in English and Spanish. The Contractor will establish and
maintain an effective driver safety program, an occupational health and safety program, a
drug testing and awareness program and will maintain a drug -free workplace that meets
FTA guidelines. In addition to operating and supervising the service, the Contractor's
personnel will be responsible for distribution of passenger information materials and
periodic surveys on the Trolleys and in the field, as necessary.
4.30 The Contractor shall provide knowledgeable, effective supervisory staff
to support the Trolley Service. The Contractor will recruit, hire, train and employ
supervisory personnel, including a site manager, dispatchers and road supervisors for the
purpose of overseeing the operation of service, and to ensure safe, reliable Trolley
Service. All project personnel employed by the Contractor shall maintain a professional,
courteous attitude, answering to the best of their ability any passenger questions
regarding the provision of service. Discourtesy, rudeness or the use of profanity will not
be tolerated and shall be grounds for immediate removal of the offending employee from
performing work within the program. Drivers and dispatchers shall accurately complete
and submit the required operating reports daily. All personnel shall be required to attend
quality/safety workshops as required by the City up to a maximum of eight hours per year
per employee. The Contractor shall provide manuals related to personnel policies and
11 jPage
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
procedures, and maintain an employee acknowledgment file with employee signature
indicating they have read and fully understand its contents.
4.31 For the purposes of the ongoing operation of the transit system, the
Contractor's point of contact will be the City Capital Improvements Director or a person
assigned by the City Capital Improvements Director. Contractor input will be solicited
for adjustments in running times and must report any ongoing schedule adherence
problems. The Contractor shall be responsible for periodic reporting as established in
agreement.
V. COMPENSATION
The Contractor agrees to provide the Trolley service at the following rates: The rate for
trolleys provided by the City:
1. Year 1: $27.97 per in-service hour
2. Year 2: $27.97 per in-service hour
3. Year 3 $28.67 per in-service hour
4. Year 4 $29.39 per in-service hour
5. Year 5 $30.13 per in-service hour
6. Year 6 $30.89 per in-service hour
7. Year 7 $31.68 per in-service hour
8. Year 8 $32.39 per in-service hour
9. Year 9 $33.20 per in-service hour
10. Year 10 $34.03 per in-service hour
The rate for the mini buses provided by the Contractor shall be $45.09 per in-service
hour. Invoices are generally paid within 30 days of receipt for services rendered and
verified as accurate by the City. If the City does not pay an accurate, verified invoice
within 30 days, the Contractor shall provide written notice and an opportunity to cure
within 15 days of receipt of such notice. The Contractor must obtain prior written
approval of the City prior to performing services that are outside the Scope of Services in
this agreement.
VI. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, rules and
regulations of federal, state and local governments, including the City, relating to the
Trolley transportation service.
VII. LABOR STANDARDS
The Contractor shall assume any and all liability and responsibility concerning labor
standards under. this Agreement.
VIII. NOTICES
12IPage
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by registered
mail addressed to the other party at the address indicated herein or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which
personally served; or if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY
Johnny Martinez, P.E., City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
IX. OWNERSHIP OF DOCUMENTS
VENDOR
Vasti Amaro, Senior Vice President
Limousines of South Florida, Inc
3300 SW. 1 lth Ave.
Fort Lauderdale, FL 33142
954-463-0845
All documents developed in relation to the performance of the work done under
this Agreement by the Contractor shall be delivered to the City upon completion of the
services required and shall become the property of City, without restriction or limitation
of its use. The Contractor agrees that all documents maintained and generated hereto
shall be subject to the applicable provisions of the Public Records Law, Chapter 119, and
Florida Statutes.
X. AWARD OF AGREEMENT
The Contractor warrants that it has not employed or retained any person employed
by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or
agreed to pay any person employed by the City any fee, commission, percentage,
brokerage fee, or gift of any kind contingent upon or resulting from the award of this
Agreement.
XI. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to the laws of the State
of Florida.
XII. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein, their heirs, executors,
legalrepresentatives, successors and assigns.
XIII. INDEMNIFICATION
Contractor shall indemnify and hold harmless City, its officers, agents, directors,
and employees, from liabilities, damages, losses, judgments, and costs, including, but not
13'Page
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness,
negligent act or omission, or intentional wrongful misconduct of Contractor and persons
employed or utilized by Contractor in the performance of this Contract. Contractor shall,
further, hold the City, its officials and employees, harmless for, and defend the City, its
officials and/or employees against, any civil actions, statutory or similar claims,
regarding injuries or damages arising in any way out of, or resulting from, the
Contractor's performance of the professional services described in the Scope of Services,
the permitted work required under this Contract, or the performance of this Contract,
even if it is alleged that the City, its officials and/or employees were negligent. In the
event that any action or proceeding is brought against the City by reason of any such
claim or demand, Contractor shall, upon written notice from City, defend such action or
proceeding by counsel satisfactory to City. The Contractor expressly understands and
agrees that any insurance protection required by this Contract or otherwise provided by
the Contractor shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the City or its officers, employees, agents and instrumentalities as
herein provided.
The indemnifications provided above shall obligate Contractor to defend, at its
own sole expense, to and through appellate, supplemental or bankruptcy proceeding, to
provide for such defense, any and all claims of liability and all suits and actions of every
name and description which may be brought against the City within the scope of the
above -described indemnifications.
These indemnifications will survive the cancellation or expiration of the
Contract. These indemnifications will be interpreted under the laws of the State of
Florida, including without limitation and interpretation, which conforms to the limitations
of §725.06 and/or §725.08, Fla. Statutes, as amended and as applicable. Contractor shall
require all Sub -Contractor agreements to include a provision that they will indemnify the
City.
The Contractor agrees and recognizes that the City shall not be held liable or
responsible for any claims which may result from any actions or omissions of the
Contractor in which the City participated either through review or concurrence of the
Contractor's actions. In reviewing, approving or rejecting any submissions by the
Contractor or other acts of the Contractor, the City in no way assumes or shares any
responsibility or liability of the Contractor or Sub -Contractor, under this Agreement.
Ten dollars ($10) of the payments made by the City constitute separate, distinct,
andindependent consideration for the granting of these indemnifications, the receipt and
sufficiency of which is acknowledged by the Contractor.
XIV. CONFLICT OF INTEREST
14.1 Contractor covenants that no person under its employ who presently
exercises any functions or responsibilities on behalf of the City in connection with this
Agreement has any personal financial interests, direct or indirect, with the Contractor.
Contractor further covenants that, in the performance of the Agreement, no person having
such conflicting interest shall be employed. Any such interest on the part of the
Contractor or its employees must be disclosed in writing to the City.
14IPage
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
14.2 Contractor is aware of the conflict of interest laws of the City, Miami City
Code §2-611, Miami -Dade County, Florida, Miami -Dade County Code § 2-11.1; and the
State of Florida, Chapter 112, Part III, Florida Statutes, as amended, and agrees that it
shall fully comply in all respects with the terms of said laws.
XV. INDEPENDENT CONTRACTOR
Contractor, its employees, agents or representatives, shall be deemed to be
independent contractors and not agents or employees of the City and shall not attain any
rights or benefits under the civil service or pension ordinances of the City, or any rights
generally afforded classified or unclassified employees. Contractor, its employees,
agents or representatives, shall not be entitled to Florida Workers' Compensation benefits
as an employee of the City.
XVI. INSURANCE
Within ten (10) days after the execution of this Contract by both parties, and
throughout the term of this Contract, the Contractor shall furnish Evidence of Insurance
to the Purchasing Department, if applicable. Submitted evidence of coverage shall
demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements." The City shall be listed as an "Additional Insured." This
Contract is contingent upon the receipt of proper insurance documents required by this
Contract. The Contractor shall furnish to the City of Miami c/o Risk Management, 444
SW 2nd Avenue, 9th Floor, Miami FL, 33130, Certificate(s) of Insurance which indicate
that insurance coverage has been obtained which meet the requirements as outlined
below:
INSURANCE REQUIREMENTS -MUNICIPAL TROLLEY OPERATION SERVICES
Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
• City of Miami included as an additional insured
• Miami Dade County listed as an additional insured
• Contingent and Contractual liability
• Premises & Operations Liability
• Primary Insurance Clause Endorsement
15 Page
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
Business Automobile Liability
A. Limits of Liability
• Bodily Injury and Property Damage Liability
• Combined Single Limit
• Any Auto/Owned Autos/Scheduled
• Including Hired, Borrowed or Non -Owned Autos
• Any One Accident $ 1,000,000
1 B. Endorsements Required
• City of Miami included as an Additional Insured
• Miami Dade County listed as an additional insured
Worker's Compensation
• Limits of Liability
• Statutory -State of Florida
• Waiver of subrogation
Employer's Liability
A. Limits of Liability
• $1,000,000 for bodily injury caused by an accident, each accident.
• $1,000,000 for bodily injury caused by disease, each employee
• $1,000,000 for bodily injury caused by disease, policy limit
Umbrella Policy/Excess Liability (Excess Following Form)
A. Limits of Liability
• Bodily Injury and Property Damage Liability
• Each. Occurrence $5,000,000
• Aggregate $5,000,000
B. Endorsements Required
• City of Miami listed as an additional insured
• Miami. Dade County listed as an additional insured
• Coverage
Physical Damage Coverage
• Collision
• Other than Collision/Combined Additional
• Coverage
$1,000 Deductible
$1,000 Deductible
• City of Miami and Miami Dade County listed as loss payees
Contractor is responsible for insuring the Trolleys against physical damage and for
payment of any deductible.
16IPage
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
Fidelity Bond $10,000
• City of Miami listed as loss payee
• City of Miami and Miami Dade County listed as loss payees
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer not less than (30) days prior to any
such cancellation or material change, or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than
"Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All
policies and /or certificates of insurance are subject to review and verification by Risk
Management prior to insurance approval.
The Department of Risk Management further reserves the right to request additional
insurance coverage, as may be deemed applicable.
XVII. TERMINATION
The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by 30 day written notice to the contractor effective the date specified in the
notice should any one of the following apply:
17.1. The Contractor is determined by the City to be in breach of any of the
terms and conditions of the Agreement or of any other Agreement the Contractor has
with a Florida public agency
17.2. The City Manager has determined that such termination will be in the best
interest of the City to terminate the Agreement for its own convenience;
17. 3. Funds are not available or allocated to cover the cost of the goods and/or
services reduction of funds or a change in applicable laws or regulations. The City's
obligation is contingent upon the availability and allocation of appropriate funds and
applicable regulations.
17.4. The Contractor is debarred by the City or by another Florida public
agency.
17.5 Contractor fails to satisfactorily address a notice to cure.
171
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
XVIII. NONDISCRIMINATION
The Contractor agrees as indicated in the RFP (section 1.54, Nondiscrimination)
that it shall not discriminate as to race, color, creed, national origin, religion, age or
disability in connection with its performance hereunder.
XIX. DEFAULT
If the Contractor fails to comply with the terms and conditions of this Agreement,
or fails to perform hereunder, or files for bankruptcy or provides assignment or transfer to
creditors, then the City, at its sole option upon written notice, may cancel and terminate
this Agreement, and all payments, advances, or other compensation paid to the
Contractor. Payments made to the Consultant while the Contractor is in default of the
provisions contained herein, shall be returned forthwith to the City.
XX. FORCE MAJEURE
Neither party shall be liable for failure or delay in performing obligations set forth
in this Agreement, and neither party shall be deemed in breach of its obligations, if such
failure to delay is due to national disasters, strike, lock -out, or other industrial or
transportation disturbances, law, regulation or ordinance, or any causes reasonably
beyond the control of such party.
XXI. APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. Venue shall be in Miami -Dade County,
Florida. Each party shall bear its own attorney's fees (except if the City must bring a
claim to enforce the provisions of Article XIII, Indemnification against the Contractor.)
The parties knowingly, voluntarily and consensually waive the right to a jury trial or to
file permissive counterclaims in any dispute between them arising out of this Agreement.
XXII. AUDIT AND INSPECTIONS
The Contractor shall maintain all project records as requested by the City. All
project records prepared by the Contractor shall be owned by the City and shall be made
available to the City at no additional charge. The Contractor shall maintain all books,
records, documents, accounting ledgers, and similar materials relating to work perfotnied
for the City under this Agreement on file for at least four years following the date of final
payment to the Contractor by the City. The above records retention requirement shall
include daily driver logs, medical examinations, as well as all other books, records, and
documents. Any duly authorized representative of the City shall have access to such
records for the purpose of inspection, audit, and copying at reasonable times during the
Contractor's usual and customary business hours. The Contractor shall report in-service
18IPage
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
hours to the City within twenty-four hours of a written request, unless otherwise
specified.
The Contractor will develop periodic operational and financial reports for
distribution to the City.
At any time during normal business hours and as often as the City may deem
necessary, there shall be made available to the City and/or representatives of the City to
audit, examine, and make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters related to this
Agreement. It is further understood that all records and supporting documents pertaining
to this Agreement shall be maintained for a minimum period of four years. The retention
and access period starts from the date of the submission of the annual performance and
evaluation report in which the specific activity is reported for the final time. The
Contractor must request approval from the City before disposing of any records under
this Agreement.
If any litigation, claim, negotiation, audit or other action involving the records has
been started before the expiration of the four year period, the records must be retained
until completionof the action and resolution of all issues which arise from it or until the
end of the four year period, whichever is later. During the course of an audit, if the City
determines that any payment made to the Contractor does constitute an allowable
expenditure, then the City will have the right to deduct or reduce those amounts from the
related invoices. The Contractor must maintain records necessary to document
compliance with the provisions of the Agreement. The Contractor acknowledges that
additionally the City has the audit and inspection rights set forth in § 18-100 to §18-102,
City Code, as amended.
XXIII. ENTIRE AGREEMENT
This Agreement and its attachments and exhibits constitute the sole and only
Agreement of the parties and accurately set forth the rights, duties, and obligations of
each to the other. Any prior Agreements, promises, negotiations, or representations not
expressly set forth in this Agreement are of no force and effect.
XXIV. AMENDMENT
No amendments to this Agreement shall be binding on either party unless in
writing and signed by both parties.
XXV. MISCELLANEOUS
25.1 Captions, title and paragraph headings are for convenient reference and
are not a part of this Agreement. Such captions, title or paragraph headings shall not be
deemed in any manner to modify, explain, enlarge or restrict any of the provisions
contained in this Agreement.
19IPage
25.2 Subject to the provision of Article III, in the event of conflict between the
terms of this Agreement and any terms or conditions in any attached document; the terms
in this Agreement shall prevail.
25.3 No waiver or breach of any provision of this Agreement shall constitute a
waiver of any subsequent breachof the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
25.4 Should any provisions, paragraph, sentence, work or phrase contained in
this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida or the City of Miami, such
provisions, paragraphs, sentences, words or phrases shall be deemed modified to the
extent necessary in order to confoitn with such laws, or if not modifiable to confortn with
such laws, then same shall be deemed severable, and in either event, the remaining tetras
and provisions of this Agreement shall remain unmodified and in full force and effect.
25.5 Further Assurances. All parties hereto upon the request of any other party
shall execute such further instruments or documents as may be reasonably required by the
requesting party to implement the tetras, conditions and provisions of this Agreement.
25.6 Third Party Beneficiary. Contractor and the City agree that it is not
intended that any provision of this Agreement establishes a third party beneficiary giving
or allowing any claim or right of action whatsoever by any third party under this
Agreement.
25.7 Performance Evaluations. The City conducts performance evaluations
during and after completion of agreements with the Contractor, which are used as a basis
for the awarding of future work as well advising the Contractor of its performance.
25.8 Discretion of the Director. Any matter not expressly provided for herein
dealing with the City or decisions of the City shall be within the exercise of the
reasonable professional discretion of the Director or the Director's authorized designee.
Contractor has been procured and is being engaged to provide Services to the City as an
independent contractor, and not as an agent or employee of the City. Accordingly,
Contractor shall not attain, nor be entitled to, any rights or benefits under the Civil
Service or Pension Ordinances of the City, nor any rights generally afforded classified or
unclassified. employees. Contractor further understands that Florida Workers'
Compensation benefits available to employees of the City are not available to Contractor,.
and agrees to provide workers' compensation insurance for any employee or agent of
Contractor rendering services to the City under this Agreement.
20IPage
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
XXVI. LOCAL PARTICIPATION
26.1 Twenty percent (20%) of the repair and maintenance of the Trolleys not
perfoiiized internally by the Contractor shall be performed by businesses located within
the municipal boundaries of the City. Parts purchases and warranty items are excluded
from this requirement.
26.2 Twenty percent (20%) of the labor employed by the Contractor for the
daily operations and routine maintenance of the Trolleys shall be persons residing within
the municipal boundaries of the City.
26.3 The Contractor shall be responsible for submitting a quarterly report to the
City documenting compliance with the aforementioned provisions.
21 Page
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
III WITNESS WHEREOF, the parties hereto have caused this instru ment. to be executed
by the respective officials
written.
CITY OF MIAIvMI, a municipal,
Corporation of the State of
Florida
nisoinna A. Thompson
ity Cleric
Approvedsto Legal Forms
Julie a
City Aitorney.
CONTRACTOR
Limousines of South Florida, :Inc,
Vasti Arnaro
Senior VP East Region
Corporate
(SEAL) Ad
(Corporate Sucre
221 Page
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
CORPORATE RESOLUTION
WHEREA ; �t U , Inc desires to enter into an a r er
nt with the ;City
ref Miami- for the purpose of performing the work described in the gr ement to which
this resolution, is attached; and
WHEREAS, the Board of 'Directors at duly ' held corporate reefing has
tiered the ma
n accordance with the By -Laws of the corporation;
Now; THEREFORE RE. BE IT RESOLVED /ED BY THE BOARD OF
DIRECTORS that the
'pe title of officer
(type name of officer
and instructed to enter into a agreement, in the narne'and on l ehalf cf th►s dorporation,
with the Oily of Miami ;upon the terms contained in the proposed agreement to, which
this resoluticn istached and to execute the pond ing agreement
i' hereby authorized
DATED this . $ 'day of f 20 :1
c'rpor to beret
(Corporate Sea!)
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
a
4c CERTIFICATE OF LIABILITY INSURANCE
RATE mmewiNYYY}.
This pERT1FICATE Is ISSUED AS A.NIATTER OF INFORMATION ONLY AND CONFERS NO RiGHTS UPON THE CERTIFICATE HOLDER. THIS.
CERTIFICATE '.DOES Nor AFE`II'iMATIVELY OR NEGATIVELY AMEND, EXTEND QED ALTER THE COVERAGE AFFORDED BY: tHE 'POLICIES:
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT 'CONSTITUTE A CONTRACT UETWEEN THE ISSUING INSUREI ($), AUTHORIZED
`REPRESENTATIVE OR PRocuceR, AND THS`.CERTIFICATE HOLDER,-
IMPORTANT:` if` the, certificate holder is an ADDITIONAL It;XSURED the poiiey(les) must be endorsed. If SUBROGAT1QN Is W:A iVED, stthj
the terms and ca ditiOns of the policy:, certain policies May require an endorsement A staterrient on tide aert'Ifivate does riot cotafer rights to the
certificate holder in lieu of stit:h endorsomentls).
PROOUCE,R Aorr,RisR Services Southwest, lnco
PO lox 387..0 31$ West 3rd Street
Little Rock, AR 72203
vy vW aon.com
INSURER t,irnoLisines of South Florida
Neolis. TransitAiTlerlc a, Inc
2595 NW 38th Street
Miami FL 33142
6NTAC
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AIL AAORESS.
:
5$-1800
INSURER($i A
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COVET AGES CERTIFICATE:NUMB Rz. 1244�57Si . REVISION NUMBER::
THIS ISTO CERTIFY TIIA`iwTHE POLICIES tOF• INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE .POLICY PERIOD
INDICATED. NJTWITf{STANOING ANY REQUIREMENT,•TEHM• OR CONDITION OF ANY CONTRACT. OR OTHER. DOCUMENT WITH• :RESP>' GTTO WHICH THIS,
CFRT1RQATE MAY BE I8&JED-OR.MAY PERTAIN, ThE INSURANCE AFFORDEi •:BY THE POLICiES OESCRIDED HEREIN IS s.143.1E0.T TC ALL THE TERMS,
EXCLUSIONS ANDl CONPITIONB.OF .SUCH POLIGt£S, LIMITS 'SHOWN. MAY' HAVE BEEN REDUCED BY PAID CLAIMS
INSR ._ • AoULSusR _ i POLICY FF :•PpIDIJOYekP _.
LTR /YPE OF iNSUI$ANCS : IN5R wvn pa. eY NUMBEMIDONTral (MMiDOiyyYYI LIMITS
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AtJY PROPRIET,ORIPARTNERJP IECUTIVE:
OF`FICERNEMOER EXCLUDEO?
(Mandatory Ir:NH)
Ify¢s, eeeeeee kirrder
DESCRIPTION pF 0PEISATIONS,62to
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XLS0074853 - XS Auld
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DESCRIPTION Off OPERA Ttc NSI LGCATIONS;I VEHICLes. ,IAttaall ACORb 1AS; Additional Ramark4.Se11eduf0 If too pacii to r.'egUirrdl
EACHgqOCCURREtiCE:
PSES(EDarErr R Mncay
hi Ueo(my 0.
SOL ADV INJURY:
A AGGf(OA
Rootlets
(Eaaccci .nntS
UILY'INJUMY
LIMIT
ODILY INJURY#Pero dOM)
PROPERTY DAMAGE
(Per accident)
2,000,00
22,000,00
400
Each OCofAo eeate s. 51,1100,00
Each OCC/Aortreeete ` s $3,000,00
,a0o,90
EACH:OGdURRENGi
AGGREGATE.
Tb Y UMITS"
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City of Iu(Iai1lt and Merril Dade County are A00100'181 insureds with.respeci to kite Liability, General Liability dnd. EXCPss:
PrRriery co /0racge Is provided Under the Genera Liabiity per E'ndorsement.Cr;20250704: •
H ACCIDENT
EA EMPLOYEE $'
0L(C'? LIMP'
1 000 Chao
1,00000
$0,000000/Aggregate
CERTIFICATE FIOLDE
Miami-fade1 ropey $eniices
City oLMiarni
c/a Risk Management
444 SW. nd Avenus 9th ,Floor
Miami. FL .33130
CANCELLATION
SHOULD ANY OF THEABOVIW PEScRiBSD PODGII`WS BE CANCELLED BEFORE
.THE EXPIRATION DATE THEREOF; NOTICE WILL 00 DELIVERED (N
AeD0RDANCE WITH THE POLICY PROVISIONS.
Aunterszen REPRESENTATniE - -
Am Risk ServviceS
Mn ft4skSarviee Sou(hCe$t, 1 ic.
ACORD 25 (2010/05)
E gT 110:1 14,16Ta. as VY "tt
01988-2010 ACORD,CORPORATIOM AU ri b£s raserVed
The ACORD na ne•anti logo a re,reolstei*ed marks of ACORN
•AAE _t'8 £?a _ °ram.-, _.
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation S
CERTIFICATE °PLIABILITY INSURANCE:1221201'
THIS 'CEEITIFICA'TE IS ISSUED A ,A MATTER AMP 1NFORMATIC N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ,HOLDER.: THIS
:CERTIFICATE DOES' NOT Af�FIRIVIATIYELY OR,NEGATIVELY-AMEND, EXTEND OR At -TER .`rHE COVE AGE; AFFORDED BY THI:. POLICIES
BELOW. THIS - CERTIFICATE OF iN$U NOE, DOES NOT CONSTITUTE A CONTRAOT I ETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OIL PRODUCER, AND.THE CE TIFICATE.110 R.
IMIPORTANTt: .11-the raettificate ,h sIder.is.on ADDITIONAL INSURED„t#ie Palley(tes) must b
tho Latins arid condttlans :of the pvlleyce itr pellc es may require on:sndorsement, .A scat
certlfit:afe h6iderIn hett t f.such endoiseiltent(s).
ER .A trl RIsI Setylces Southwest, Inc.:
PO So 870 315 West 3rd Street
Wale' Ro k, AFC 72203
u NsRt:n
.It npusine raf $truth Florida, 'I
Keolls Transit ArnerlcSt trio
595 NW 38ttt Street
itltiami:FL 33,142
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1N9URER A : ICiattt,
INSURER ea
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dorsed, lf_St1
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DATE {t,IMll7[}IYYY1 j
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Exhibit A
"Request for Proposal No. 256244, 1"
231Page
Attachment: 1103 Pre -Legislation (1103 : RFP - Municipal Trolley Operation Srvcs.)
City of Miami
Request for Proposals
(RFP)
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFP--Number:
Title:
Issue Date/Time:
RFP Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
256244,1
Request For Proposals for Trolley
Services for the City of Miami
04-MAR-2011
29-MAR-2011 @ 14:00:00
Voluntary
Wednesday, February 16, 2011 at 10:00
AM
the Miami Riverside Center, 444 SW 2nd
Avenue, loth Floor, Main Conference
Room
Wednesday, February 23, 2011 at 3:00
PM
Byrnes, Terry
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
tbyrnes@ci.miami.fl.us
(305) 400-5230
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Page 1 of 50
Certification Statement
Please quote on this form., if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submissionis made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I amauthorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAMF •
ADDRESS:
PHONE: FAX
EMAIL: BEEPER:
SIGNED BY:
TITLE: DATE.
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL_DISOUALIFY THIS BID.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Page 2 of 50
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Address, City, State, Zip, Phone, Fax, Email:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring
Agreement.": (Yes or No)
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? (Yes or No)
In the event your answer to question above is yes, how many new positions would you create to
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration
of all new positions which might be created as a result of this award of a Contract.
Minority/Women Business Affairs Registration Status: Hispanic, Female, Black or None,
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Page 3 of 50
Will Subcontractor(s) be used? (Yes or No)
Does the City of Miami Living Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of
the General Terms and Condtions) (Yes or No)
Service Total. Contract Amount( which includes base term and renewal options):
Is this service contract a citywide contract? (Yes or No)
If the above answer is no, please indicate the name of the city (end user) department that your contract
will serve:
Provide brief description of the project or service to be provided
I/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through
Section 18-559 as summarized in Section 1.40 of the General Terms and Condtions? (Yes or No)
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Page 4 of 50
Line: 1
Description: Cost to City Per Total Operating Hour To Provide Vehicles, Maintenance, Storage,
Security, Fuel, Personnel, Drivers, Insurance and Operations
Category: 55885-00
Unit of Measure: Dollar
Unit Price: $
Line: 2
Number of Units: 1 Total: $
Description: City Owned Vehicles: Provide the Cost to City Per Total Operating Hour To Provide
Personnel, Drivers, Insurance, Storage Security, Maintenance and Operations (City provides fuel,
storage location)
Category: 55885-00
Unit of Measure. Dollar
Unit Price: $
Number of Units: 1 Total: $
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Page 5 of 50
Request for Proposals (REP) 256244,1
Table of Contents
Terms and Conditions 7
1. General Conditions 7
1.1. GENERAL TERMS AND CONDITIONS 7
2. Special Conditions 24
2.1. PURPOSE 24
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 24
2.3. PROPOSAL OVERVIEW 24
2.4. RULES OF CONSTRUCTION AND DEFINITIONS 24
2.5. TERM OF CONTRACT 25
2.6. PRE -PROPOSAL CONFERENCE 25
2.7. CONDITIONS FOR RENEWAL 25
2.8. NON -APPROPRIATION OF FUNDS 25
2.9. PROPOSERS MINIMUM QUALIFICATIONS 25
2.10. CONTRACT EXECUTION 26
2.11. COMMENCEMENT AND ADJUSTMENTS TO SERVICE 26
2.12. CONSUMER PRICE INDEX (CPI) FOR FUEL 26
2.13. EQUITABLE ADJUSTMENT 27
2.14. EQUAL PRODUCT 27
2.15. ADDITIONAL ROUTES 27
2.16. VEHICLES, DISPATCHING AND TELEPHONE SERVICE, COMPLAINTS 27
2.17. ADVERTISING AND PROMOTIONS 27
2.18. RULES, REGULATIONS, LICENSING REQUIREMENTS 28
2.19. BID BOND/SURETY BOND ..28
2.20. PERFORMANCE BOND 28
2.21. LIQUIDATED DAMAGES 28
2.22. RELATION OF CITY TO INDEPENDANT CONTRACTOR 29
2.23. INSURANCE REQUIREMENTS 29
2.24. ROU I E PRICING 31
2.25. CONTRACT ADMINISTRATOR 31
2.26. DAMAGES TO PUBLIC/PRIVATE PROPERTY 31
2.27. TERMS OF PAYMENT 31
2.28. TERMINATION 31
2.29. ADDITIONAL TERMS AND CONDITIONS 32
2.30. CHANGES/ALTERATIONS 32
2.31. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 32
2.32. RECORDS AND REPORTING 33
2.33. TRUTH IN NEGOTIATION CERTIFICATE 34
3. Specifications 35
3.1. SPECIFICATIONS/SCOPE OF WORK 35
4. Submission Requirements 47
4.1. SUBMISSION REQUIREMENTS 47
5. Evaluation Criteria 50
5.1. EVALUATION CRITERIA 50
Page 6 of 50
Request for Proposals (RFP) 256244,1
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals,
Request for Qualifications, or Request for Letters of Interest pursuant to the City of
Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be
defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the terms herein and be fully in accordance with specifications and of the highest quality. In the event the
goods/equipment supplied to the City are found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE -OF -OFFER - The signed or electronic submission-of--your-solicitation-response-shall
be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon
issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re -issuance on the goods/services described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://www.ci.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response". Alternate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's
prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this
Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through
and including appellate litigation and any post judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to
provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any
books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Page 7 of 50
Request for Proposals (RFP) 256244,1
three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference
to Businesses with Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised,
the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price,
terms and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual
agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected. herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
determinedto be in the City's best interests. Such agreement will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney.
1.11. BID BOND/ BID SECURTTY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Page 8 of 50
Request for Proposals (RFP)'256244,1
contract/agreement to Bidder/Proposer. and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of
award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract
has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement
and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response,
complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be
requested if the pxoposedbrand is other than specified by the City. Such samples are to be furnished after
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm
makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Department or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
employment practices, rate of pay or other compensation methods, and training selection.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s)
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff, provided the communication is limited strictly to
matters of process or procedure already contained in the formal solicitation document; the provisions of the
Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or
pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ,
RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in
connection with the collection of industry comments or the performance of market research regarding a
particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,
which shall be made available to any person upon request. The City shall respond in writing and file a copy
with the Office of the City Clerk, which shall be made available to any person upon request. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference
Section 18-74 of the City of Miami Code for further clarification.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
This language is only a summary of the key provisions of the Cone of Silence. Please review City of
Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida
Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation
of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City
harmless fromany and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contracta Party, and after reasonable opportunity for such party to be heard, the City Manager, after
consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment shall be for a period of not fewer than three years. The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation S
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Request for Proposals (RFP) 256244,1
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become due on this Contract.
1.28, DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to comply with these requirements may deem a Response
non -responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the
response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities/services defined
within the scope of this formal solicitationat the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties To the extent that the_agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
3) A. contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if
exceptions are taken to the terms and conditions o f the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges includedinthe bid/proposal price,_unless otherwise specified in this Formal
Solicitation. Failure to do so may be cause for rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performedor supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105)
(a) The Commission approves implementation of the first -source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants
and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have
the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are financed through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
services.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as
calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January lst.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed terms and provisions hereof.
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (I1III) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPPA) of 1996 and the City
of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internalpractices, books and records related to PHI available to the City of Miami for
compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its
privacy information practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information.
1.43. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all
the City's agents, officers and employees from and against all charges or claims resulting from any bodily
injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the
Contractor shall become defendant in every suit brought for any of such causes of action against the City or
the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs,
attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting
Municipal Trolley Operation Srvcs.)
Attachment: 1103 Request for Proposals (1103
Page 15 of 50
Request for Proposals (RFP) 256244,1
investigation.
1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation. Further, as may be specified
elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision.
1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect. Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of
coverage shall demonstrate strict -compliance -to -all -requirements listed -on-the-Special Conditions entitled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance ofa Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses to the City. Information regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option terms that may be granted to the Bidder/Proposer.
1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (Prompt Payment Act).
1.49. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a
responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a
bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten
percent (10%) in excess of the lowest other responsible and responsive bidder/proposer,
1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or termination of
contract/agreement, for which the bidder/proposer must bear full liability.
1.51. MODIFICATIONS OR CHANGES 1N PURCHASE ORDERS AND CONTRACTS - No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order or award sheet as appropriate.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed
or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance
with specifications under the direction of the Florida Department of Agriculture and Consumer Services or
by other appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and
returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.54. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex,
color, age, religion, national origin, marital status, or disability in connection with its performance under
this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall
solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be
excludedfrom the participation in, be denied benefits of, or be subjected to, discrimination under any
program or activity.
In connection with the conduct of its business, including performance of services and employment of
personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion,
disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction.
with this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the City.
1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business
locationin the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy of the license must be submitted with the response; however, the City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation period, but prior to award.
1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents,
records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer
pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent
permitted by law.
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Request for Proposals (RFP) 256244,1
1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink.
Failure to do so will be at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If
applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The Bid_derLProposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR. YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.62. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City of
Miami.
1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Contract.
1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final
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acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is
necessary due to damage, the cash discount period shall commence on the date final approval for payment
is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the term of the contract.
1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami, Such
property furnished to a Contractor for repair, modification, study, etc,, shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami
shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, if any.
1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions andprovisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any
goods or services to a public entity, may not submit a response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287,017, for CAI GORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the
City and the public to alldocuments subject to disclosure under applicable law. Contractor's failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City.
1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All
materials used in the manufacturing or construction of supplies, materials, or equipment covered by this
solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality
and workmanship. Materials furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the law.
1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than $25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
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(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed $25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of the City Manager's recommendation for award of
Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier
Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this
section of the website daily after responses are submitted to receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filedwhen received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
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neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of. the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the
protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be
submittedfor approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such parry's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare,
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in anamount equal to one percent of the amount of the Bid or proposed
Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.75. SAMPLES - Samples of items, when required, roust be submitted within the time specified at no
expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with your response.
1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning any
point shall be regarded as meaning that only the best commercial practices are to prevail and that only
materials of first quality and correct type, size and design are to be used. All workmanship and services is
to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with. the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
Municipal Trolley Operation Srvcs.)
1
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Request for Proposals (RFP) 256244,1
the Oracle System or responses may submitted in hardcopy format to the City Clerk, City Hall, 3500
Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or :RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non -responsive.
Directions to City Hall:
FROM THE NORTH: 1-95. SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Btddur/Proposer. The City of Miami is not responsible &I —delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via.the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services
awarded to a Bidder/Proposer have been received, inspected, and found to comply with award
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specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be
made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable
law.
1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted
the goods/equipment or used the goods, whichever comes first.
1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made for "trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees andfor costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized.
1.87. USE OF NAME - The City is not engaged in rw earch for advertising, sales promotion, or other
publicity purposes. No advertising, sales promotion or other publicity materials containing information
obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for providing Trolley/Bus Circulator Services to
the City of Miami, as specified herein, from a source(s) of supply that will give prompt and efficient
service fully compliant with the terms, conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Terry Byrnes, CPPB; fax: (305) 400-5230 or email: tbyrnes@ci.miami.fl.us.
The solicitation title and number shall be referenced on all correspondence. All questions must be received
no later than Wednesday, February 23, 2011 at 3:00 PM. All responses to questions will be sent to all
prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED
VERBALLY OR. AF 1'ER SAID DEADLINE.
2.3. PROPOSAL OVERVIEW
As reflected in the Price Lines Section of this RFP, with the proposal, Proposer will include pricing for the
Health/Stadium District and Biscayne/Brickell Route Circulators, as well as additional optional routes
(Allapattah/Overtown and Coral Way), that may be added, providing:
1) a full turnkey operation, inclusive of the replica trolleys (Supreme Classic American or Approved
Equal Buses);
2) then subsequently providing only operations, manpower, not inclusive of the replica trolleys (Supreme
Classic American or Approved Equal Buses), as the City is purchasing its own replica trolleys (buses) and
3) providing for Special Events/Charter services.
2.4. RULES OF CONSTRUCTION AND DEFINITIONS
Unless otherwise apparent from the context, or otherwise specifically defined elsewhere in this Proposal,
the parties agree that the following words and phrases shall be construed and/or defined as follows:
Rules of Construction
The singular includes the plural and the plural includes the singular. "Shall" is mandatory and "may" is
permissive. The masculine gender includes the feminine and neutral genders.
For the purpose of this RFP, the following definitions will be used:
• Addenda/Addendum — Written or graphic instruments issued prior to the Proposal Opening which
modify or interpret the Contract Documents by addition, deletions, clarifications or corrections.
Agreement — Executed contract between the City and the Contractor.
• City — City of Miami, Office of Transportation - 444 SW 2nd Avenue, loth Floor, Miami, Florida,
33130, and its authorized representatives.
City of Miami Routes as defined on the Header/Attachments Route Maps
Contractor Successful Proposer with which an Agreement is executed.
FDOT — Florida Department of Transportation
In -Service — the time during which a trolley is in en -route, or authorized detours, and stopping to load
and unload passengers, or such other times a trolley is available for use by the general public, or as
otherwise specified for the benefit of the City.
• Out -of -Service — all times other than when the trolley is In -Service. Out -of -Service shall include all
time spent driving to the beginning point on the route, or moving trolleys from one route to another route or
location, or any such time not expressly approved by the City as In -Service.
• Projected Service Hours — Monday through Saturday, approximately 6:30 a.m. to 6:30 p.m., subject
Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Attachment: 1103 Request fo
Page 24 of 50
Request for Proposals (RFP) 256244,1
to change at the City's sole discretion.
• Project Manager — the Contractor's full-time representative responsible for the day-to-day operations
of all routes.
• Vehicle Miles/Hours — the miles traveled by the trolleys for use by Contractor to perform this
Agreement or the hours spent by Contractor's employees in driving such trolleys while on a specified route,
an authorized detour from such route by this Agreement, and Out -of -Service miles or hours spent travelling
to and from a route starting or ending point.
• Vehicle Service Hours - limited to those hours the Contractor's employee(s) actually spent driving
the trolley(s) and does not include hours of other employees riding the trolley for training or other
purposes, as defined in Specifications, Section 3.3.11.
2.5. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for five (5)
years with the option to extend for five (5) additional one (1) year periods, subject to the availability of
funds for succeeding fiscal years.
Continuation of the Contract beyond the initial period is a City prerogative; not a right of the Bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.6. PRE -PROPOSAL CONFERENCE
A Voluntary pre -proposal conference will be held on Wednesday, February 16, 2011 at 10.00 AM, at the
Miami Riverside Center, 444 SW 2nd Avenue, loth Floor, Main Conference Room. Proposers are
requested to submit any written questions to the Senior Procurement Specialist listed per Section 2.2,
Deadline For Receipt of Request For Additional Information/Clarification.
2.7. CONDITIONS FOR RENEWAL
Each renewal of this Contract is subject to the following:
(1) continued satisfactory performance compliance with the specifications, terms and conditions
established herein and
(2) availability of funds.
2.8. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to
Successful Proposer or its assignee of such occurrence, shall have the unqualified right to terminate the
contract without any penalty or expense. No guarantee, warranty or representation is made that any
particular project(s) will be awarded to any firm(s).
2.9. PROPOSERS MINIMUM QUALIFICATIONS
Proposals will be considered only from firms that are regularly engaged in the business of providing goods
and/or services as described in this RFP; that have a record of performance for a minimum period of three
(3) years; and that have sufficient financial support, equipment and organization to insure that they can
satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein
stated. Proposer shall:
(1) Be fully licensed to perform the work described herein.
(2) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract
involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to
perform faithfully on any previous contract with the City.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
(3) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt.
2.10. CONTRACT EXECUTION
The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation,
shall be awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the
right to execute or not execute, as applicable a Contract with the selected Proposer(s) that is determined to
be most advantageous and in the City's best interest. Such Contract will be furnished by the City, will
contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by
the City Attorney.
2.11. COMMENCEMENT AND ADJUSTMENTS TO SERVICE
a) For the sole purpose of a rapid initial start-up within ninety (90) days of contract execution, and future
route commencements; the City will allow for vehicles currently available that are similar to the replica
trolley format meeting Specifications, both in exterior and interior. The estimated period of use will be
from four (4) to eighteen (18) months from contract commencement, subject to Successful Proposers
vehicles being received, inspected and approved in writing by the City of Miami Fleet Department (GSA)
prior to use. As the City owned vehicles (Supreme Classic American or Approved Equal) are received and
approved, they will immediately replace an existing interim vehicle or operate in tandem with Successful
Proposer provided vehicles (if necessary).
b) Adjustments to -service -shall be a prerogative of the City. The City expects to work closely with
the Successful Proposer on such modifications in order to provide efficient and responsive service;
c) No operational changes that affect service, scheduling, hours of operation, frequency of service, or any
other characteristics of the Health/Stadium District and Biscayne/Brickell Route Circulators, as well as
additional optional routes being considered (Allapattah/Overtown and Coral Way), shall be made by the
Successful Proposer without the prior written approval of the City;
d) The City may modify the service area for fiscal, jurisdictional, geographic, coordination or passenger
travel pattern reasons or any other reason. Modifications may be made up to twenty (20) percent of the
specified vehicle service hours without changing the fixed service hour rate proposed herein or agreed to
during contract negotiations and
e) The City will notify the Contractor, in writing, at least thirty (30) days in advance of any major service
changes.
2.12. CONSUMER PRICE INDEX (CPI) FOR FUEL
The Successful Proposer will be allowed to increase/decrease their contractual prices annually to cover
future drastic fuel price changes. The market changes will be determined utilizing the Consumer Price
Index for All Urban Consumers (CPI-U), U.S. City Average, Miami -Ft. Lauderdale, FL., Other Motor
Fuels, and Index Base Period between 2011 through 2014. The escalation using the CPI will be determined
by the percent change in the level of the Other Motor Fuels CPI between the reference period and a
subsequent time period. This will be calculated by first determining the index point change between the
two periods and then the percent change. The following example illustrates a sample computation of
percent change:
CPI for current period (January 2011) 175.997
Less CPI for previous period (December 2010) 171.987
Equals index point change 4.01
Divided by previous period CPI 171.987
Equals 0.02
Result multiplied by 100 0.02 x 100
Equals percent change 2.0
Any contractual increases/decreases must occur on the anniversary date of the contract award.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
2.13. EQUITABLE ADJUSTMENT
At the sole discretion of the City, it reserves the right to modify, add or delete routes, trolleys or personnel
to the system. The Successful: Proposer shall indicate its hourly rate for the all routes, fixed and firm. Only
the Consumer Price Index (CPT) for Fuel, annually adjusted, and the approved Equitable Adjustment, may
increase any costs to the City. Prior to commencement of any route(s), the City shall negotiate an hourly
rate(s) for that route(s) with the Successful Proposer.
Service characteristics suchas routes, stops, headways, operating hours, and number of vehicles shall be
determined jointly by the City and the Successful Proposer prior to commencing any service extension.
2.14. EQUAL PRODUCT
Manufacturer's name, brand name and model/style number when used in these Specifications are for the
sole purpose of establishing minimum requirements of levels of quality, standards of performance and
design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal
quality, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be
equal in quality, standards of performance, design, etc., to item specified, unless otherwise indicated.
Where equal is proposed, proposal must be accompanied by complete factory information sheets
(Specifications, brochures, etc.) and test results of unit bid as equal. Failure to do so at time
of Proposal Submission may deem your Proposal non -responsive.
2.15. ADDITIONAL ROUTES
At its sole discretion, the City reserves the right to add or delete routes, trolleys, service hours or personnel
to the system. The Successful Proposer shall keep its prices for the original and additional service(s) fixed
and firm throughout the duration of the contract term, unless modified by the City.
The Proposer(s) are to provide a cost proposal for service routes beyond the Health/Stadium District and
Biscayne/Brickell Trolley routes. Said routes may include:
(1) An Allapattah/Overtown Loop along NW 20th Street from NW 27th Avenue to NW 3rd Avenue; along
NW 3rd Avenue from NW 20th Street to NW 14th Street; along NW 14th Street from NW 3rd Avenue to
Biscayne Boulevard (connection to Biscayne/Brickell Trolley);
(2) A Coral Way Loop from the Brickell Metrorail/Metromover Station along SW 24 Street to NW 37
Avenue or possibly Ponce De Leon Boulevard (Coral Gables Trolley Connection).
Service characteristics such as routes, stops, headways, operating hours, and vehicle types shall be
determined jointly by the City and the Successful Proposer prior to commencing any service extension.
2.16. VEHICLES, DISPATCHING AND TELEPHONE SERVICE, COMPLAINTS
The City will be utilizing Miami -Dade County's 3-1-1 Information Call System for processing any
telephone inquiries concerning the Health/Stadium District Trolley schedule, frequency, stops, fare,
accommodations, etc. which will maximize efficiency. Any and all complaints will be logged and
forwarded to the City of Miami, Office of Transportation and the Successful Proposer's representative by
no later than five (5) business days after the receipt of the complaint.
2.17. ADVERTISING AND PROMOTIONS
ADVERTISING:
The City of Miami may sell advertising for the interior and/or exterior areas of the replica trolleys as
designated and approved by the City. The City seeks to maximize potential revenue streams produced by
such advertising and may use all or a portion of the same to offset the City's cost for the trolley
circulator service. Successful Proposer will be responsible for distributing materials, pamphlets, magazines
or any other information provided by the City.
Municipal Trolley Operation Srvcs.)
Attachment: 1103 Request for Proposals (1103
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Request for Proposals (RFP) 256244,1
PROMOTIONS:
The City shall prepare, place, schedule and pay for all promotional materials designed to inform the
general public of service operations and to promote ridership.
The City shall prepare, print and provide to the Successful Proposer all schedules, and other materials
required by service operations. The Successful Proposer shall distribute and disseminate such materials in
accordance with the provisions of this RFP and any directions supplemental thereto provided by the City.
2.18. RULES, REGULATIONS, LICENSING REQUIREMENTS
Proposers are expected to be familiar with and comply with all federal, state, and local laws, ordinances,
codes, and regulations that may in any way affect the services offered, including requirements of the
Federal Transit Administration (FTA) Section 5307, State of Florida (including System Safety Plan (SSP),
Miami -Dade County Passenger Transportation Regulatory Commission, the Americans with Disabilities
Act, Title Vil of the Civil Rights Act, the EEOC Uniform Guidelines, and all other EEO regulations and
guidelines and all Drug/Alcohol Policies compliant with all federal, state and local requirements. Ignorance
on the part of the Proposer will in no way relieve the same from responsibility.
Non-federal funds will be used to operate the Health/Stadium District and Biscayne/Brickell Trolleys;
however, because the service may be part of a larger City-wide trolley system to be funded in part with
federal funds, the selected proposer for the Health/Stadium District and BiscayneBrickell Trolleys, shall be
responsible for complying with all Federal Transit Administration (FTA), American Recovery and
Reinvestment Act (ARRA) requirements, including monthly, quarterly, and annual reporting requirements
(Le. -mileage, preventive maintenance, -safety, _etc.),- compliance_ with_ the -Civil Rights Act, with all
federal audit requirements governing agencies that receive federal funding.
2.19. BID BOND/SURETY BOND
All bids must be accompanied by a Bid Bond in the amount of 5% of the total bid submitted, to be in the
form of a Cashier's Check or Money Order made payable to the City of Miami or a bond written by a
surety company authorized to do business in the State of Florida and compliant with State Statute
287.0935. The bond, from all unsuccessful bidders, if in the form of a Cashier's Check, will be returned
after bid award.
2.20. PERFORMANCE BOND
Within ten (10) working days following Notice of Award by the City, the Successful Proposer shall furnish
to the City of Miami, a Performance Bond in the total amount of the Cost to the City for the period of the
contract (to be determined at the time of award for each route to be serviced). The Performance Bond may
be increased or descreased, at the discretion of the City, as additional routes may be added/deleted. The
Performance Bond can be in the form of a Cashier's Check, made payable to the City of Miami; a bond
written by a surety company authorized to do business in the State of Florida and compliant with State
Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written on letterhead
of a bank located in Miami -Dade County, for the amount of the contract and clearly and expressly stating
that it cannot be revoked until express written approval has been given by the City of Miami. To draw on
same, the City would merely have to give written notice to the bank with a copy to the Successful Proposer.
2.21. LIQUIDATED DAMAGES
The City reserves the right to supervise or conduct a performance audit of the Successful Proposer to
determine if it is acheiving its minimum reliability on performance. The Successful Proposer shall not miss
any bus stop(s) for pick-up or drop-off of passengers more than 2% of the time. The Successful Proposer
must perform its trolley/bus stops for pick-up or drop-off within or at five (5) minutes of the scheduled
time. The Successful Proposer must meet this performance standard 95% of the time when performing its
trolley/bus routes for pick-up and drop-off of passengers. Failure to meet required standards will be cause
to set adjustments to billings as described in "Adjustments" shown in the below mentioned PDF document.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
Proposers are to refer to the PDF document entitled, "Vehicle Minimum Specifications, Hours of
Operations and Performance Standards", in the Header/Attachments Section for listed minimum
requirements.
2.22. RELATION OF CITY TO INDEPENDANT CONTRACTOR
It is the intent of the parties hereto that the Successful Proposer shall be legally considered to be an
Independent Contractor and that neither the Successful Proposer nor the Successful Proposer's employees
and agents shall, under any circumstances, be considered employees or agents of the City.
Additionally, per General Terms and Conditions, Section 1.46. INSPECTIONS - The City may, at
reasonable times during the term hereof, inspect Successful Proposer's facilities and perform such tests, as
the City deems reasonably necessary, to determine whether the equipment and/or services required to be
provided by the Successful Proposer under this Contract conform to the terms and conditions of the Formal
Solicitation.
2.23. INSURANCE REQUIREMENTS
TROLLEY SYSTEM:
The Successful Proposer shall be responsible for its work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular project. The
Successful Proposer shallpecifically and distinctly assume, and does so assume, all risks of damage or
injury to property or persons used or employed on or in connection with the work and of all damage or
injury to any person or property wherever located resulting from any action or operation under the contract
or in connection with the work. It is understoodand agreed that at all times the Successful Proposer is
acting as an independent contractor.
The Successful Proposer, at all times, during the full duration of work under this contract including extra
work in connection with this project, shall meet the following requirements:
1. Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements
of the State of Florida;
2. Maintain Commercial General Liability Insurance in amounts prescribed by the City (see checklist for
limits) to protect the Successful Proposer and the interests of the City against all risks of injury to persons
(including death) or damage to property wherever located resulting from any action or operation under the
contract or in connection with the work. This policy is to provide coverage for premises/operations,
independent Successful Proposer, broad form property damage, products/completed operations and
contractual liability;
3. Maintain Vehicle/Automobile Liability Insurance including Property Damage covering all owned,
non -owned or hired automobiles and equipment used in connection with the work;
4. Maintain any additional coverage required by the City as indicated on the Insurance Check List;
5. Name the City of Miami as an additional insured on all liability policies required by the Contract. When
naming the City of Miami as an additional insured, the insurance companies shall agree and will endorse
the policies to state that the City will not be liable for the payment of any premiums or assessments and
6. No change or cancellation in insurance shall be made without 30 days written notice to the City.
I. Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
City of Miami included as an Additional Insured (CG 2010 11/85, or Equivalent version)
Contingent Liability (Independent Contractors Coverage)
Contractual Liability
Waiver of Subrogation
Premises & Operations Liability
Explosion, Collapse and Underground Hazard
Loading and Unloading
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned Autos/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
Employees as Insureds
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
V. Umbrella Policy/Excess Liability (Excess Following Form/True Excess Following Form/True
Umbrella)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $5,000,000
Aggregate $5,000,000
B. Endorsements Required
City of Miami listed as an Additional Insured
Increased limits to General Liability, Auto and Employer's Liability Coverage
VI. Physical Damage Coverage
Collision $1,000 Deductible
Other than Collision/Combined Additional Coverage $1,000 Deductible
VII. Fidelity Bond $10,000
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Request for Proposals (RFP) 256244,1
City of Miami listed as loss payee
The above policies shall provide the City of Miami with written notice of cancellation or material change
from the insurer not less than (30) days prior to any such cancellation or material change.
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue
all insurance policies required above:
The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial
Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification
by Risk Management prior to insurance approval.
2.24. ROUTE PRICING
You are required to establish a ceiling rate for each route shown in the Lines Section of the RFP and must
be reflected in your written proposals. The ceiling rates will be negotiated by the City and the Successful
Proposer if an optional route is added to the contract.
2.25. CONTRACT ADMINISTRATOR
Upon award, Successful Bidder(s) shall report and work directly with Jose Gonzalez, P.E., Assistant
Transportation Coordinator, who shall be designated as the Contract Administrator. Contract Administrator
will be responsible for the successful administration of the agreement and monitoring and evaluation of the
quality and level of service.
2.26. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The Successful Proposer shall carry out the work with such care and methods as not to result in damage to
public or private property adjacent to the work. Should any public or private property be damaged or
destroyed, the Successful Proposer shall assume the expense and repair or make restoration as is practical
and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable
length of time (not to exceed one month from date damage occurred).
2.27. TERMS OF PAYMENT
Payment shall be made within 45 days of receipt of an invoice and pursuant to Section 218.74, Florida
Statutes.
Invoices and supporting documents are to be submitted to the Office of Transportation (Attention: Jose R.
Gonzalez, P.E.) on a monthly basis. Upon verification of the accuracy and completeness of the invoice by
the Office of Transportation, the' claim shall be forwarded for payment approval to the City.
Successful Proposer's monthly invoice submission for service provided shall include the required monthly
reports, and shall be submitted to the Office of Transportation (Attention: Jose R. Gonzalez, P.E.) by the
15th of each month.
2.28. TERMINATION
A. FOR DEFAULT
If Successful Proposer defaults in its performance under this Contract and does not cure the default within
30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part,
upon written notice without penalty to the City of Miami. In such event the Successful Proposer shall be
liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it
is determined for any reason that the Successful Proposer was not in default or (2) the Successful
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
Proposer's failure to perform is without its control, fault or negligence, or for that of its sub -contractor's, the
termination will be deemed to be a termination for convenience by the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice
when in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or
software, and so terminated for convenience by the City of Miami the Successful Proposer will be
compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for
services and so terminated, the City of Miami shall be liable only for payment in accordance with the
payment provisions of the Contract for those services rendered prior to termination.
2.29. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the solicitation response shall be evaluated or
considered, and any and all such additional terms and conditions shall have no force or effect and are
inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently,
appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood
and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to
this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's
acknowledgment form attests to this.
2.30. CHANGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however,
no oral modifications will be allowed. Written modifications shall not be allowed following the proposal
deadline.
2.31. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued;
(2) Receipt of responses;
(3) Opening and listing of all responses received;
(4) Purchasing staff will review each submission for compliance with the submission requirements of the
Solicitation, including verifying that each submission includes all documents required;
(5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and
members of the community, as deemed necessary, with the appropriate technical expertise and/or
knowledge, shall meet to evaluate each response in accordance with the requirements of this Solicitation
and based upon the evaluation criteria as specified herein;
(6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral
presentations before the Committee as part of the evaluation process. The presentation may be scheduled at
the convenience of the Evaluation Committee and shall be recorded;
(7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its
recommendation to the City Manager for acceptance. If the City Manager accepts the Committee's
recommendation, a Notice of the City Manager's recommendation for award of contract will be sent to all
proposers by the Chief Procurement Officer notifying proposers of the City Manager's recommendation to
the City Commission. The City Manager's recommendation to the City Commission shall request the
authorization to negotiate and/or execute an agreement with the recommended Proposer(s). No Proposer(s)
shall have any rights against the City arising from such negotiations or termination thereof;
(8) The City Manager reserves the right to reject the Committee's recommendation, instruct the
Committee to re-evaluate and make another recommendation, reject all proposals, or recommend that the
City Commission reject all proposals;
(9) The City Commission shall consider the City Manager's and Evaluation Committees'
recommendation(s) and, if appropriate and required, approve the City Manager's recommendation(s). The
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
City Commission may also reject any or all responses;
(10) If the City Commission approves the recommendations, the City will enter into negotiations with the
selected Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as
deemed appropriate by the City Manager and
(11) The City Commission shall review and approve the negotiated Contract with the selected
Proposer(s).
2.32. RECORDS AND REPORTING
2.32.1. General Provisions/Records Retention
(a) The Successful Proposer shall maintain all records as requested by the City. All records prepared by
the Successful Proposer shall be owned by the City and shall be made available to the City upon request at
no additional charge;
(b) The Successful Proposer shall maintain all books, records, documents, accounting ledgers, and similar
materials relating to work performed for the City under this Agreement for at least three years following the
date of :final payment to the Successful Proposer by the City. The above records retention requirement shall
include daily drivers' logs, as well as all other books, records, and documents. Any duly authorized
representatives of the City shall have access to such records for purposes of inspection, audit, and copying
at reasonable times during the Successful Proposer's usual and customary business hours;
(c) Weekly Passenger Count Summary Reports and Monthly Summary Reports shall be provided to the
Transportation Coordinator of the City. Said monthly reports shall be received no later than the 15th
calendar day of the following- month. Weekly -reports -shall -be-provided-Sunday to Saturday by the
following Tuesday. Weekly and Monthly report figures shall coincide with daily trip sheet totals for the
month;
(d) The format to be used for operating reports and monthly summaries shall be developed by the
Successful Proposer and approved by the Transportation Coordinator of the City and
(e) The Successful Proposer shall certify as accurate all information given to the City.
2.32.2. Daily Records/Reports
(a) Telephone Report: The Office of Transportation of the City shall be notified via phone of any change
of vehicle, driver and/or route, interruption of service due to inclement weather, out -of -service vehicles,
emergencies, and accidents;
(b) Daily driver logs will be used by each shift of operators, a copy of which is to be submitted to the City
on a weekly basis. The log is the source document for use in determining the total miles, number of
passengers (manually counted) and passenger categories. Missed miles and missed trips will be determined
from the log by comparing actual daily miles entered into the jog against predetermined daily total miles
for each vehicle;
(c) Daily dispatcher logs shall include, but not be limited to, the following information: number of
incoming calls, type of information requested (schedule, fare, route, destinations, etc.) and
(d) Fare box revenue (if applicable) shall be recorded daily by the City of Miami.
2.32.3. Monthly Summary Reports
The Successful Proposer shall prepare and submit to the Office of Transportation of the City a monthly
summary report within 15 calendar days thereafter the end of each operating month. Monthly Summary
Reports shall include, but not be limited to:
(a) Vehicle Total Service Hours and Miles: monthly report figures shall coincide with daily trip sheet
totals for the month, by route;
(b) Total Ridership: monthly totals of the number of passengers carried, by route;
(c) Total Passenger Count for City of Miami approved special transportation coupons/tokens collected,
by route (if applicable);
(d) Service Break Summary: vehicle out -of -service, operational problems, breakdowns, missed trips, and
delays over five (5) minutes;
(e) Complaints and Compliments: passenger complaints and compliments collected by the City and
description of any action taken by Successful Proposer personnel to address customer complaints.
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Passenger complaints related to safety or serious operational deficiencies shall be reported to the Successful
Proposer by the City no later than the next workday following the City's receipt of complaint;
(f) Vehicle Condition Summary: mileage (month, year to date, total), fuel and oil consumption,
accidents, preventive maintenance and inspection program (actual vs. program), summary of major
component rebuilding/repairs made, by vehicle regardless of vehicle ownership;
(g) Equipment Status Summary: use and condition of all other equipment;
(h) General Summary: all other issues, evaluations, suggestions for improvements;
(i) Reports for all routes shall be detailed by day and tabulated for each month and year-to-date and
(j) The Monthly Summary Report shall also include a summary of the service for all operational routes,
summary statistics for current month, year-to-date, same month last year (when applicable) and percent
change from last month and same month last year, for total system. Spreadsheets and graphs of trends in
ridership, passengers per vehicle hour, and service quality measures shall be developed and included in the
Monthly Summary Reports. The report shall also include problems with service/personnel/accidents and
actions taken to address the problems.
2.32.4. Yearly Summary Reports
In addition to a thorough compilation of the Monthly Summary Reports, the Yearly Summary Report for
all operational routes shall include, but not be limited to, total number of service hours rendered and miles
(by vehicle); total ridership (by route), total number of out -of -service hours (by vehicle) and total costs
itemized by month for the service.
2.32.5. Accident Reports
The Successful Proposer shall make available to the City such written reports free of charge, for each
occurrence. —Refer -to Specifications,, Section 3-2.9, Aeeident-and Incident Procedures; for -detailed
procedures on reporting and documenting accidents.
2.32.6, Accounting
(a) Itemized monthly invoice. The Successful Proposer shall submit, with the Monthly Summary Report
in Section 2.32.3 above, an itemized monthly invoice to the City for the services rendered during the
reporting period. Both the monthly invoice and the summary report shall be received by the 15th day of the
subsequent month. The itemizedinvoice shall follow a format approved by the City;
(b) Net amount due: The negotiated monthly charge for all operating routes (assuming 100%
performance) minus the time any and all scheduled vehicles were out -of -service shall be submitted to the
City for payment as the net amount due to the Successful Proposer. Any City -imposed liquidated damages
and adjustments shall be deducted from this amount;
(c) Debits and credits: The itemized invoice shall be supported by documents as may be required by the
City to establish that the amounts are accurate and eligible for payment. Debits and credits shall be
itemized such that the total amount due is clearly substantiated. Debits would include additional costs for
actual working days (total per vehicle by hours), costs for pre -approved additional trips beyond normal
schedules (Successful Proposer must obtain prior written concurrence from City and must specify purpose,
dates, trip length, duration, andhours of operation), costs for extra or lesser operating hours caused by
daylight savings time adjustments (Successful Proposer must obtain prior written concurrence from the
City for extended service and. Successful Proposer must specify dates, duration, and extended hours of
operation). Credits should be shown for out -of -service hours per vehicle; and
(d) Open records. All invoices and related records will be available for inspection and/or independent
audit at the discretion of the City.
2.33. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer shall act as the execution of
truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation of the resulting Agreement are accurate, complete, and current at the time of contracting.
The original contract price andany additions thereto shall be adjusted to exclude any significant sums by
which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage
rates and other factual unit costs. All such contract adjustments shall be made within one (1) year
following the end of the Agreement.
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Request for Proposals (RFP) 256244,1
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
3.L1. Services To Be Provided
The City of Miami (City) is issuing this Request for Proposals (RFP) to firms that provide public transit
services and are licensed to operate in the State of Florida. However, any and all experienced and qualified
organizations (individual, firm, joint venture, etc.), referred to as the "Proposer" are invited to submit a
proposal.
The City is seeking to select a firm that is the most advantageous and in the best interest of the City, to
provide vehicles, maintenance, fuel, personnel and operations for the Health/Stadium District and
BiscayneBrickell Route Circulators, as well as additional optional routes being considered.
The Health/Stadium District and BiscayneBrickell Route Circulators, as well as additional optional routes
being considered (Allapattah/Overtown and Coral Way) are public fixed —route transit services and will be
directly managed, and partially funded by the City of Miami as well as other sources. Current subsidies for
the Health/Stadium District and BiscayneBrickell Route Circulators are provided from the City's half -cent
transit surtax proceeds and the Florida Department of Transportation (FDOT) Public Transit Service
Development Program. The City intends to collect fares at its sole discretion, The selected Successful
Proposer will be required to meet all Federal, State and Local operations, maintenance and administrative
reporting requirements such as those stated in the Florida Administrative Code (FAC) Chapter 14-90,
Florida Department of Transportation (FDOT) service development program requirements, including audits
and inspections, and federal American Recovery and Reinvestment Act (ARRA) reporting requirements.
The City of Miami has engaged in a partnership with the University of Miami, Miami Downtown
Development Authority (DDA) and other major stakeholders to plan and implement the operations of the
trolley system.
The City wishes to implement a municipal public transit service that is responsive to the needs of the
employees, visitors, and residents of the Health/Stadium District and Biscayne/Brickell areas, as well as
additional optional routes being considered, meet(s) all applicable Americans with Disabilities Act (ADA)
requirements for public transit vehicles (i.e. hydraulic lift platforms, tilting vehicles for wheelchairs, etc.),
and complies with all safety, mechanical, and vehicular standards mandated by Miami -Dade Transit (MDT)
Consumer Service Department and any other applicable regulatory agencies.
The City of Miami is requesting per hour costs to operate the Health/Stadium District and
BiscayneBrickell Route Circulators, as well as additional optional routes being considered
(Allapattah/Overtown and Coral Way) and described in the Price Lines Section and pictured in the maps in
the Header/Attachments Section. Proposers are requested to submit ceiling prices for all routes.
Initially, the City of Miami will utilize the Successful Proposer's trolley vehicles, on a short term basis
until receipt of the ordered trolleys occur, contracting with the Successful Proposer to operate all routes
designated and described in the Price Lines Section and in the Header/Attachments Section as a full
turnkey operation.
3,1.2. LEGAL HOLIDAYS
Legal holidays for the City of Miami include the following:
New Year's Day
Martin Luther King's Birthday*
Washington's Birthday*
Memorial Day _
Fourth of July
Labor Day
Columbus Day*
Veteran's Day*
Thanksgiving Day
Friday after Thanksgiving Day*
Christmas Day
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*Dates as indicated shall not be considered legal holidays for Successful Proposer.
3.1.3. Vehicle Minimum Specifications, Hours of Operations and Performance Standards
Proposers are to refer to the PDF document entitled, "Vehicle Minimum Specifications, Hours of
Operations and Performance Standards", in the Header/Attachments Section for listed minimum
requirements. Proposers must propose vehicles meeting or exceeding the Vehicle Minimum Specifications
(Supreme Classic American or Approved Equal). The City of Miami reserves the right to add, delete,
modify, or change the Hours of Operations and Performance Standards. If the City adds, deletes, modifies,
or changes the normal hours of operations (Monday - Saturday), the City and Successful Proposer may
re -negotiate new rates, subject to the 20% operational threshold.
3.1.4. Objectives
The primary objectives of the contract operation are:
a) To provide safe, clean, reliable, efficient and cost-effective transit circulator (trolley) service in the
Health/Stadium District and Biscayne/Brickell Routes, as well as additional optional routes being
considered (Allapattah/Overtown and Coral Way), within the projected service hours specified;
b) To initially provide an eco-friendly fleet of trolley vehicles, with capacity for at a minimum of
twenty-five (25) passengers, preferably wrapped or painted in an attractive design and image suitable to the
City, and
c) To provide a professional, courteous, and pleasant transit experience for each passenger.
Selection of a proposal will be based on the most favorable combination of outcomes to meet above
objectives.
3.1.5. Service Description
The Health/Stadium District and Biscayne/Brickell Route Circulators, as well as additional optional routes
being considered (Allapattah/Overtown and Coral Way) will initially be operated as a full turnkey
operation contract. They are proposed to operate a minimum of four (4) trolley vehicles with a minimum
capacity of twenty-five (25) passengers per vehicle on each route. The Health/Stadium District and
Biscayne/Brickell Route Circulators (requiring ten (10) trolleys), as well as additional optional routes being
considered (Allapattah/Overtown and Coral Way), are to operate weekdays and Saturdays for
approximately twelve (12) hours, with two (2) vehicles operating in each direction plus one trolley backup
in case of breakdowns. Successful Proposer will provide an additional trolley vehicle to serve as a backup
to the four (4) trolley vehicles that will be in service.
The City reserves the right to modify the service level above/below that specified in the RFP and
renegotiate the contract hourly rate with the Successful Proposer at that time.
Health/Stadium District and Biscayne/Brickell Route Circulators, as well as additional optional routes
being considered (Allapattah/Overtown and Coral Way) will be a system of routes with a goal of ten (10) to
a maximum of fifteen. (15) minute headways for peak hours and twenty (20) minute headways for off-peak
hours. The Health/Stadium District and Biscayne/Brickell Route Circulators, as well as additional optional
routes being considered (Allapattah/Overtown and Coral. Way), will be coordinated with existing
Miami -Dade Transit (MDT) bus operations. Each route and the level of service may be refined by the City
based on system performance.
The City will provide oversight of the service through its Office of Transportation as well as provide
administration, marketing, advertising and public information services.
The Successful Proposer will provide start-up expertise and services, system management, and all vehicles,
personnel, facilities, fuel and services required for operation and maintenance of the service for Successful
Proposer owned vehicles. Successful Proposer's services shall also include, but not be limited to, transit
service and support vehicles, drivers, maintenance personnel, secuity, dispatchers, supervisors and the
physical facilities and equipment necessary to operate a transit system, including garage, if applicable, and
office facilities.
Commencing service contract, Successful Proposer agrees to provide public transportation services in
accordance with the route(s), number of vehicle(s) miles and headways, hours, and services specified
herein.
The City will make available, to the Successful Proposer, a storage location(s). These location(s) specified
by the City at its sole discretion, would be available for storage of vehicles after hours at no charge to the
Successful Proposer. The Successful Proposer shall provide technical and operating personnel and services
necessary for the operation of the City's fixed route(s) trolley system. Fueling of City Owned vehicles will
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be provided by the City at its expense.
All services rendered shall be subject to the control of the City and coordinated by the City.
Responsibility for Successful Proposer's day-to-day operations shall be vested in the Successful Proposer's
full-time Management.
3.1.6. Operations
In and for the consideration specified in contract documents, Successful Proposer agrees to do all
necessary things to manage, operate, and maintain a public transportation system to the City's satisfaction
as required by this RFP and resulting Agreement, including but not limited to:
Vehicle drivers shall be expected to:
a) Not transport any animal, except seeing -eye dogs and special companion assistant dogs;
b) Demonstrate courtesy, helpfulness, and good driving habits;
c) Communicate events and passenger counts obtained by usual and customary logging procedures ;
d) Log and report all events that impede vehicle movement, including security/safety issues and
e) Announce stop locations if on -board electronic equipment is not provided. The exterior signage will
consist of the route name. The interior signage will consist of a Stop Request Alert only.
The Successful Proposer will operate the service according to the projected service hours, Monday through
Saturday (and any future weekends and holidays by direction of the City). The City will be responsible for
providing information to be displayed by the Successful Proposer inside/outside all vehicles. The proposed
routes in this proposal have been developed by the City and are subject to modifications and special event
service options.
3.1.7. Service Area Maps
In the Header/Attachments Section of this RFP, please find the Service Area Map for the proposed
Health/Stadium District and BiscayneBrickell Trolley Routes, as well as additional routes being
considered. Each route as considered shall have two (2) vehicles operating ineach direction at any given
time.
3.2 Successful Proposer Responsibilities
The Successful Proposer shall coordinate, manage, and control all applicable program activities which
shall include providing vehicles, drivers, and all personnel, as necessary, supervise all elements of on -street
operations, and develop administrative procedures and financial records necessary for system operation (to
be reviewed and approved by the City).
The Successful Proposer shall obtain and provide all required state and local vehicle permits and license
plates and ensure that all drivers are properly licensed for the service they are providing. The
Successful Proposer must also have all applicable state and local business licenses or obtain same prior to
the start of service.
The Successful Proposer shall bear all cost of license plates and all other operating expenses incidental to
the use of its vehicles in service and the operation of the vehicle to comply with all laws, regulations, rules
and orders of lawfully constituted authorities.
The Successful Proposer shall give the City, Miami -Dade County and State of Florida Department of
Transportation and its assignees the right and privilege to audit records and inspect vehicles on the
premises of the Successful Proposer or wherever located whenever the same deems such inspection may be
proper.
The Successful Proposer will obtain, provide and maintain required policies of insurance and releases as
identified in Section 2.23., Insurance Requirements, covering fire, theft, collision and liability.
The Successful Proposer shall be liable for any penalties imposed on the City by local, state, and federal
agencies due to the Successful Proposer's failure to obtain the proper vehicle licenses or maintain vehicles
in accordance with local, state, and federal regulations.
Services shall be managed by the Successful Proposer in accordance with the guidelines and parameters
established herein and the attachments hereto.
3.2.1. General Responsibilities
a) The Successful Proposer shall be solely responsible for the satisfactory work performance of its
employees and agents as described in this Request for Proposal or any reasonable performance standard
established by the City;
Municipal Trolley Operation Srvcs.)
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b) The Successful Proposer shall be solely responsible for payment of all employees' wages and
benefits. The Successful Proposer's personnel wages and work hours shall be in accord with the local,
county, and state regulations affecting such personnel; and
c) Dispatch personnel shall be trilingual for English, Spanish and Creole, and trained for the special
needs of elderly and disabled individuals and shall respond to questions concerning the service with
courtesy, respect, sensitivity, and effectiveness.
3.2.2. Vehicle Operators
a) Vehicle operators must have a valid Florida CDL (chauffeurs or commercial) driver's license as well
as any other licenses required by applicable federal, state, and local regulations. Vehicle operators must
also have a medical examination certificate and pass drug testing. A vehicle operator who does not pass the
medical and drug examination shall not be permitted to operate a vehicle;
b) Vehicle operators shall be trained in all operational procedures, including thorough knowledge of the
service area street network;
c) Drivers shall be fully trained in defensive driving and vehicle handling;
d) Drivers shall be trained in the special skills required to provide transportation to elderly and disabled
individuals. Skills include customer service, assisting elderly and disabled riders to enter and exit the
trolley vehicles, operating a hydraulic wheelchair lift or using a ramp in order for disabled persons to enter
and exit the trolley vehicle, and proper use of wheelchair harnesses;
e) Drivers shall also be trained to understand and practice the high quality of customer service required
by the City. The Successful Proposer should provide adequate customer service training to its employees
(drivers/customer personnel) and should demonstrate to the City that drivers/customer personnel operating
trolley vehicles for the City, have attended and successfully completed customer service trainings;
f) Drivers shall assist passengers confined to wheelchairs in boarding and shall perform the tie downs.
All trolley vehicles must be equipped with either a hydraulic wheelchair lift or ramp to comply with
Americans with Disabilities Act (ADA) requirements;
g) Drivers shall be trained to operate all types of vehicles (including reserve vehicles owned by the
Successful Proposer) in the service, wheelchair lifts and harness systems and other equipment that they
may be expected to use during service hours;
h) Regularly assigned drivers or trained back-up drivers shall be available and on -time on a daily basis
to ensure consistent and reliable service;
i) No vehicle operator shall take lunch hour or breaks inside or close by his/her vehicle. Passengers must
never be kept waiting, except for drivers to maintain scheduled headways;
j) Drivers shall be dressed and groomed appropriately. Further, all drivers shall wear a uniform
acceptable to the City. Drivers and/or any other employee in contact with passengers shall wear
identification tags clearly displaying their first name only while performing their duties;
k) Each driver and vehicle shall have an accurate timepiece available and in clear sight at all times
during vehicle operation. Drivers are required to adhere to and maintain the scheduled frequency of trips
(headways);
1) Drivers are required to have a thorough knowledge of and abide by all traffic regulations along the
route and
m) Drivers need to be sensitive to ridership comforts, such as the interior temperature of their respective
vehicle, cleanliness of vehicles, etc. It is imperative that the on -board air conditioning unit function
properly at all times while the trolley is in service. An interior ambient temperature of 75 degrees
Fahrenheit is desired at all times during trolley operation.
3.2.3. Staff Levels and Wages
The Successful Proposer shall pay staff wages within the acceptable ranges of the transportation industry
for the established positions.
3.2.4. All Personnel
a) All personnel assigned shall be knowledgeable of the services to be provided herein;
b) Allpersonnel shall maintain a professional, courteous attitude, answering to the best of their ability
any passenger questions regarding the provision of service. Discourtesy, rudeness or the use of profanity
will not be tolerated and shall be grounds for immediate removal of the offending employee from
performing work within the program;
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c) Drivers and dispatchers shall accurately complete and submit the required operating reports daily;
d) All personnel shall be required to attend quality/safety workshops as required by the City up to a
maximum of eight hours per year per employee and
e) The Successful Proposer shall provide manuals related to personnel policies and procedures, and
maintain an employee acknowledgment file with employee signature indicating they have read and fully
understand its contents.
3.2.5. Maintenance
The Successful Proposer shall be responsible for all maintenance activities including but not limited to
replacement parts and tires, oil and fluid changes, filters and cleaning of vehicle.
Please state in your proposal all details associated with your maintenance program, including personnel
training, daily operation practice, preventive maintenance program, etc.
3.2.6. Fares/Collections
The City, at its sole discretion, will charge a fare for the services provided. All fares collected shall be the
property of the City.
3.2.7. Safety Program
The Successful Proposer shall assume full responsibility for assuring that the safety of passengers,
operations personnel, and vehicles and equipment are maintained at the highest possible level. The City is
responsible to insure that the Successful Proposer complies with all applicable State of Florida Department
of Transportation regulations including Florida Administrative Code 14-90 and federal safety requirements.
The City shall develop, implement, and maintain a formal Safety Program including periodic safety
meetings, participation in safety organizations, safety incentives offered by the Successful Proposer to
drivers and other- employees, anti participation in Risk -Management -activities under the auspices of the
Successful Proposer's insurance carrier or other organizations. The Successful Proposer will require all
drivers, dispatch personnel, vehicle maintenance mechanics, and supervisors to participate in the Safety
Program.
3.2.8. Road Supervision
The Successful Proposer shall provide road supervision as required to monitor drivers, vehicles, quality of
service, and adherence to all established routes and time schedules, and to respond to emergency calls as
appropriate.
3.2.9. Accident and Incident Procedures
The City shall develop, implement, and maintain formal and expedient procedures to respond to all
accidents, disturbances, passenger injuries/fatalities, and any other service interruptions/failures. Successful
Proposer shall be responsible for reporting to the City as described below, any incidents that occur.
All traffic accidents involving vehicles/pedestrians, irrespective of injury, shall be immediately reported to
the City of Miami Police Department. The Successful Proposer will advise such agency of the accident and
request a police unit to investigate the accident.
The City Transportation Coordinator shall be immediately notified by the Successful Proposer of any
accident or incident, especially those resulting in injury, in loss or damage to the City and/or private
property. Written notification shall follow within 48 hours. This written notification shall describe the
sequence of events and include reports by driver, attendant, witnesses, etc. In addition, the Florida
Department of Transportation requires verbal notification of any accident involving these services within
48 hours thereafter the incident, followed by a written report within 48 hours. Further, fatalities are to be
reported verbally to the Florida Department of Transportation within 24 hours of the incident, followed
with a written report within the next 24 hours. It will be the responsibility of the Successful Proposer to
provide follow-up reports, both verbally and in writing, within required hours of reported incident -
applicable to both property damage, injury and/or fatality.
3.2.10. Emergencies - Natural Disasters
In the event of an emergency or natural disaster, the City may require the Successful Proposer to make
available, to the maximum extent possible, transportation and communications services and facilities to
assist the City in ameliorating such incidents. Any such use of the trolley vehicles for emergency response
purposes must be pre -approved by the Office of Transportation of the City, and said approval must be
secured in writing. To the extent the City requires the Successful Proposer to provide such emergency
services, the Successful Proposer shall be relieved of the obligation to fulfill the duties and
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responsibilities of operating the current or any future trolley operations which may be established herein.
Further, the Successful Proposer shall be entitled to be paid reasonable compensation for providing such
emergency services and facilities, provided however, that the amount of such compensation and time of its
payment shall be mutually agreed upon by the Successful Proposer and the City prior to the conclusion of
the emergency or disaster, or at such other time as they may mutually agree upon.
3.2.11. Operations, Maintenance and Vehicle Facilities
The Successful Proposer is required to provide the following facilities to effectively manage and operate
the Health/Stadium District and Biscayne/Brickell Trolleys and for any future optional routes designated:
a) A dispatch room and supervisor station;
b) Facility for maintenance of the vehicles (as previously stated in this RFP, the City will make
available storage locations for all trolley vehicles, at no cost to the Successful Proposer;
c) Storage for the Successful Proposer's vehicle maintenance equipment (including cleaning supplies
and spare parts);
d) Daily fueling for Successful Proposers vehicles and also to provide a dedicated source of fuel during
emergencies/natural disasters;
e) Break room for drivers and staff;
f) Showers and restroom facilities and
g) Successful Proposer will be responsible for providing all security for the Trolley vehicles.
Prior to signing an Agreement with any of the Proposers, the City reserves the right to inspect the
Proposer's closest maintenance facility.
3.2.12. Equipment
Successful Proposer's vehicles proposed for use should meet all specifications as defined in this proposal
and required by law (Supreme Classic American or Approved Equal Buses). Transit vehicles must meet the
requirements of Florida Administrative Code 14-90 (i.e. passenger door mirror height, etc.). The system
fleet must meet all local, state and federal requirements as applicable to public transit vehicles.
3.2.13. Cleaning
Successful Proposer shall provide all labor and materials necessary to keep the vehicles clean at all times.
Successful Proposer shall wash the exteriors of the vehicles, including support vehicles, at least weekly,
and shall clean the interiors of the vehicles daily by picking up all litter, sweeping the floor, and cleaning
the windows if required. Successful Proposer shall mop vehicle floors and clean all other interior items
including seats, handrails, and windows as needed to maintain a clean vehicle. The interior passenger
compartment shall be free of roaches and other insects or vermin as well as noxious odors from cleaning
products. Successful Proposer shall remove all grafitti from the exterior and interior of the vehicles
immediately or as soon as it is practical, but no later than the start of the next day's service. If the grafitti is
offensive or vulgar and cannot be removed, that vehicle shall be taken out of service immediately.
3.2.14. Service Standards
The Successful Proposer shall strive to provide a fixed -route public transit service in the Health/Stadium
District and Biscayne/Brickell Trolley Routes, as well as additional routes being considered, in a manner
that will maximize the efficiency of the service while achieving excellent customer service. The technical
performance standards are listed in the Header/Attachments Section. These technical performance criteria
balanced with customer service criteria will serve as the benchmark standards for the periodic evaluation of
the Successful Proposer by the City. A performance evaluation of the Successful Proposer will be
completed by the Transportation Coordinator of the City of Miami every six (6) months or as deemed
appropriate.
The Successful Proposer and the City shall meet periodically to evaluate the performance of the Successful
Proposer and the effectiveness of the transit service based upon these technical and customer service
standards. If the standards are not fulfilling their intended purpose, they shall be adjusted based upon
recommendations made by the Successful Proposer with concurrence by the City.
Should it be found that the Successful Proposer's performance has contributed to the Successful Proposer's
failure to achieve these standards, the Successful Proposer shall take all reasonable actions requested by the
City to immediately correct deficiencies in performance. Should deficiencies persist, the City may assess
liquidated damages and/or exercise its right to terminate the contract unilaterally.
Service hours will comply with the Health/Stadium District and Biscayne/Brickell Trolley Routes
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scheduled operational hours established by the City. The Successful Proposer shall not be held responsible
for the failure to provide on -time service due to naturally occurring disasters.
3.3. Operating Responsibilities and Procedures
3.3.1. Standard Operating Procedures
The Successful Proposer shall prepare and submit with its proposal written procedures for operation of the
Service ("Standard Operating Procedures"). Any changes after award must be approved by the City in
advance. These Standard Operating Procedures shall include, but not be limited to, the following:
a) Plans for replacement of disabled Vehicles;
b) Procedures for notifying City of delays and cancellations;
c) A list of names and phone numbers of contact persons who can make operating decisions and be
reached during Hours of Operation and after hours;
d) Accident review procedures and Operator corrective processes;
e) Radio check in and coordination procedures for maintaining Vehicle headways, including
procedures for GPS!Automated Vehicle Location reporting;
f) Description of Operator training (including hospitality and courtesy training)
g) Procedures for operating vehicles and providing service, including procedures to insure that stop
announcements are made by bus operators;
h) Procedures for daily servicing;
i) Fare Collection and accounting procedures;
j) Fare payment validation and enforcement procedures;
k) Procedures for dispatching Vehicles to achieve balanced accumulation of mileage for each Vehicle
in the fleet and accomplish required Service and maintenance;
1) Contingency plan for emergencies such as accident, fire, mechanical failure, inclement weather,
and criminal activity;
m) Procedures for the handling of public and internal comments and complaints, and:
n) Operator safety, recognition and rewards program, and disciplinary procedures for the Operator
misconduct. Special attention should be paid to an incentive program for front line employees who provide
excellent customer service.
o) Customer service guidelines, employee standards of conduct.
p) Supervision, with sufficient supervisory level personnel to respond to service problems, monitor
performance schedules and procedures, and enable operators to communicate with the base office, during
all Hours of Operation.
3.3.2. Additional Operating Procedures
The Successful Proposer will observe all safety rules and other requirements of regulatory bodies having
jurisdiction over the Service Area and operate the Vehicles with the highest regard for all aspects of safety.
a) The Successful Proposer will not use or allow the Vehicles to be used for any illegal purpose.
b) The Vehicles shall not be used for towing, pushing or any purpose other than the transportation of
passengers.
c) The Successful Proposer shall not overload the Vehicles beyond their specified carrying capacity nor
operate a Vehicle in an unsafe manner.
d) No other use may be made of the Vehicles dedicated to the City except as specifically authorized in
writing by the City.
e) All Vehicles shall operate with headlights and taillights turned on while in Service.
f) City will designate specific bus stops along the routes described herein. Passengers shall be picked up
and discharged only at these designated bus stops. Four-way flashers shall be used whenever the vehicle is
stopped to load or unload passengers.
g) Service shall be provided to all orderly persons who pay the proper fare and comply with ridership
rules and regulations established by the City. The Contractor shall not discriminate against any paying
passenger or prospective paying passenger because of race, color, religion or country of origin, age, gender,
sexual preference or disability.
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h) Mobility impaired passengers shall be assisted, as necessary, from the curbside to a secured position
on the vehicle while boarding, or in reverse while alighting the vehicle. An Operator shall not provide
assistance to a mobility -impaired passenger beyond the curbside. No assistance shall be required of an
Operator, other than as specified above, if it necessitates leaving the driving position.
3.3.3. Substance Abuse Testing
The Successful Proposer must implement a written Drug and Alcohol Testing program. A description of
this program shall be submitted with the proposal.
3.3.4. Initial Vehicle Inspection
The City and the Successful Proposer shall make arrangements as necessary to schedule inspections prior
to executing an agreement. Vehicles not meeting the minimum requirement will be deemed
non -responsible and shall be cause for the City to negotiate with the next highest ranked firm.
3.3.5. Fines or Other Charges.
If the fines or other charges for which the Successful Proposer is responsible are levied, assessed, charged
or imposed against the City, the City will notify the Successful Proposer in writing of this fact. The City
may pay any fine or their charge, whether levied, assessed, charged, or imposed against the City for the
Successful Proposer. In the event payment is made by the City, the Successful Proposer will reimburse the
City within seven (7) calendar days after receipt of an invoice. Failure to make such reimbursement when
due may, at the option of the City, be deemed a default under the Contract or be recouped from any
payments due to the Contractor.
3.3.6. Exclusive Use
The Successful Proposer shall not enter into an agreement with any other party for use of equipment and/or
personneldedicatedto -this -service _without the approval of_the_City_._
3.3.7. Vehicle Servicing and Repair
The Successful Proposer shall maintain the Vehicles in accordance with industry standards and warranty
requirements to ensure safe, clean, attractive and efficient operation of the Vehicles at all times. The
Successful Proposer shall prepare and submit with its proposal a written Preventive Maintenance (PM)
Policy and Program Manual. Any changes after award must be approved by the City in advance. The
Successful Proposer shall provide separate PM programs for the vehicle heating and air conditioning
(HVA.C).
Emergency Road call service, including towing of disabled vehicles, will be performed by the Successful
Proposer.
3.3.8. Preventive Maintenance
The Successful Proposer shall design and implement a preventive maintenance ("PM") program that will
combine regular inspections with scheduled interval -related servicing needs and warranty requirements as
provided by the manufacturer. Elements of the PM program shall include (but not be limited to):
a) Daily pre- and post -pullout safety inspections.
b) Daily servicing of fluid levels, tires, lights and minor mechanical problems. Brakes shall be checked
weekly.
c) Periodic mechanical and safety inspections by mechanics and supervisors. Such inspections shall be
documented and completed monthly or more often as indicated necessary by recurring problems.
d) Interval related servicing should be scheduled to reduce downtime and ensure maximum life and
performance of Vehicle components. A minimum of the manufacturer's recommended intervals are
required.
e) The Successful Proposer is responsible for the required inspections of all vehicles used for these
services, if and when applicable. The Successful Proposer shall schedule and deliver the Vehicles to a
certified inspection station as required, if and when applicable.
f) A major vehicle mechanical condition inspection and assessment of all Vehicles shall be conducted
annually by the Successful Proposer.
3.3.9. Mechanical and Body Repairs
Within three (3) days of learning of damage or the need for any repairs, the Successful Proposer will
complete or cause to have completed all mechanical repairs found necessary to maintain the function of all
components and features of the Vehicles unless otherwise directed in writing by the City.
Page 42 of 50
Request for Proposals (RFP) 256244,1
a) Body and frame repairs, inclusive of necessary painting, will be inspected and certified in writing as
completed by the garage performing the work prior to returning the Vehicle to service.
b) Minor body damage repairs shall be repaired as soon as possible, but not to exceed two (2) weeks,
subject to the availability of OEM parts when needed.
c) Major body damage shall be repaired before returning the Vehicle to service, not to exceed five (5)
weeks out of service, subject to the availability of OEM parts when needed.
d) Repairs to non -working items that relate to safety shall be completed prior to returning the vehicle to
service. Failure of safety related items on a vehicle while performing service shall require immediate
removal of the Vehicle from service for repair. These items shall include legally required lights, working
brakes, tire tread depth or condition or any other mechanical condition that may have an effect on
continued safe operation of a Vehicle.
e) The Successful Proposer shall be responsible for providing any towing services necessary to complete
repairs required. Such services shall be done in a safe manner that will not cause damage to the Vehicle, its
structure or components.
3.3.10. Repair Standards
In conducting necessary repairs the Successful Proposer will warrant that:
a) Qualified maintenance personnel, utilizing appropriate tools and equipment, trained to complete such
work have conducted the repairs;
b) The repairs have been conducted to the best available standards of quality; and Original Equipment
Manufacturers ("OEMs") approvedparts have been used to affect the repairs.
3.3.11. Vehicle Records
The Successful Proposer shall -maintain -a-complete -individual -vehicle history of every vehicle provided by
the City. The Successful Proposer is responsible for keeping the vehicle maintenance file current
throughout the term of the Contract and shall make available complete copies of all files available to the
City at the end of the contract. The City or its agent shall have reasonable access to all vehicle maintenance
records during planned or unannounced visits or inspections of the Successful Proposer's facility for the
duration of the Contract.
The Successful Proposer shall maintain records to document the following (but not limited to):
a) The completion of required inspections;
b) The timely execution of scheduled servicing;
c) Major repairs and replacement of Vehicle components
d) Use of parts and components;
e) Unscheduled maintenance:
f) Accident repairs and body work;
g) Warranty work and claims;
h) Fuel and oil and fluids consumption on a unit per Vehicle basis;
i) Vehicle mileage and hours of operation;
j) Tire and brake life;
k) Hours of operation;
1) Frequency of service provided;
m) Days of operation;
n) Total actual vehicle miles — the total miles a vehicle travels including any deadhead;
o) Total actual vehicle revenue miles, if applicable — the total miles the vehicle travels while in revenue
service, excluding any deadhead;
p) Total actual vehicle revenue hours, if applicable — the total hour the vehicle travels while in revenue
service, excluding any deadhead;
q) Total scheduled vehicle revenue miles — the total vehicle revenue miles computed from the scheduled
service excluding deadhead, service interruptions, and special additional services;
r) Unlinked passenger trips -- the number of passengers who board the public transportation vehicles (as
determined by an actual 100% count or by a Federal Transit Administration ("FTA") approved sampling
procedure);
Municipal Trolley Operation Srvcs.)
Attachment: 1103 Request for Proposals (1103
Page 43 of 50
Request for Proposals (RFP) 256244,1
s) Passenger Miles — the sum of the distances ridden by each passenger;
t) Cost per rider;
u) Ridership for each route.
3.3.12. Vehicle Defect Records
The Successful Proposer shall maintain records regarding any vehicle defect that occurs. Vehicle defect
cards shall be made available to operators and staff on all vehicles operated under this Contract. A vehicle
defect report shall be completed as part of the pre -trip inspection on each vehicle and after service and filed
chronologically by vehicle number. Operators will turn in defect cards prior to and after each shift to the
Successful Proposer's staff person who is charged with reviewing each card to prevent buses with problems
from going out on the next shift/assignment. Original vehicle defect reports shall be kept on file.
3.3.13. Warranty Claims
The Successful Proposer shall be responsible for documenting, filing and executing all warranty claims
with the OEMsand component manufacturers. The Successful Proposer must ensure that all vehicle
manufacturer warranty work is accomplished to guarantee the City compliance with necessary warranty
requirements. Successful Proposer shall track all warranty work including parts and labor and submit
claims for reimbursement to the manufacturer/supplier. Successful Proposer shall be responsible for
defending claims and diligently pursuing claims that, in the City's, its agent's, or the Successful Proposer's
opinion are unjustifiably denied. The City may have its maintenance auditor review vehicle records to
ensure warranty claims are being properly recorded, submitted, and defended.
3.3.14. Variations and OEM
No variation or vehicle system modifications will be allowed without written authorization from the City.
Only original equipment -manufactur-er_(OEM)_ parts_ and supplies _may _ be_ used_ unless_ the Successful
Proposer submits a written request to the City, with all relevant documentation, for a specific case -by -case
waiver from this requirement and is granted that request. As a result of the required vehicle repairs, the
Successful Proposer shall ensure that all reassembly tasks are performed in such a manner that the vehicle
remains in the OEM configuration as it was received. This includes but is not limited to the wiring
configuration and clamping, powertrain components, and body assembly.
3.3.15. Quality Assurance and Audits
The City shall have immediate and unrestricted access to all vehicles and vehicle maintenance records
during planned or unannounced visits or inspections to vehicles and Successful Proposer's facility for the
duration of the Contract. Successful Proposer shall immediately remove from operation any bus that is
determined by the City to be in need of repair, cleaning, or other action.
3.3.16. Preventive Maintenance of Heating and Air Conditioning
Periodic inspection and servicing checklists will be developed that conform at least to manufactures' most
severe service recommendations and generally accepted best industry practices. The Successful Proposer
shall properly maintain operating HVAC systems on all vehicles at all times. No vehicle shall be permitted
to enter service without a properly functioning heating or air‑conditioning system and the
Successful Proposer shall be expected to make all reasonable efforts to change out a vehicle that
experiences a malfunctioning heating or air-conditioning system while in service.
3.3.17. General Repairs
Successful Proposer shall provide as required all general repairs to vehicles provided by this Contract.
This includes replacement of items that are or appear to be worn out (such as seat covers).
3.3.18. Responsibility
The City shall not be required to repair, replace, or maintain any bus. Successful Proposer shall be fully
responsible for all repairs, maintenance, and replacement of all buses during the term of the Contract,
including timely replacement of buses damaged beyond repair.
3.3.19. Fuel
The Successful Proposer will be responsible for supplying all vehicle fuel. The fuel used for buses must
be ultra low sulfur diesel, with less that 30 ppm sulfur and comply with all future diesel fuel requirements.
3.3.20. Parts, Lubricants, Supplies
Successful Proposer, at its sole cost and expense, shall maintain stores of and provide lubricants, repairs,
parts, and supplies required for the maintenance and operation of all buses and service vehicles.
3.3.21. Tires
Municipal Trolley Operation Srvcs.)
I
Attachment: 1103 Request for Proposals (1103
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Request for Proposals (RFP) 256244,1
Buses will arrive at Successful Proposer's facility with the City owned tires. These tires must be
immediately removed and returned to the City. The Successful Proposer will be responsible for providing
tires for all vehicles.
3.3.22. Inventories
The Successful Proposer shall maintain reasonable inventory levels to assure timely repair of
vehicles/equipment. The Successful Proposer's supplied parts inventory shall remain the property of the
Successful Proposer upon completion of the term of this Contract, and the Authority and follow on
Successful Proposer shall have first right of refusal for the purchase of any remaining inventory.
Successful Proposer shall submit a Parts and Warehousing Plan to the City for approval, including, at a
minimum, loss prevention, shelf -life, and a critical items list. A general description of this program shall
be submitted with the proposal with the detailed program submitted to the City for approval at least thirty (
30) days before the first day of service provision.
3.3.23. Painting of Vehicles
Vehicles will be delivered with special paint or decaling scheme for Downtown Circulator service. It will
be the Successful Proposer's responsibility to maintain the color scheme, with painting/decaling as needed,
throughout the life of the contract.
3.3.24. Bus Engine/Powertrain Replacement
Warranty reimbursement for the replacement of components still under warranty will be the responsibility
of the Successful Proposer.
Powertrain component replacements and repairs for non -warranty items will be the Successful Proposer's
responsibility. All repairs and replacements shall be completed within two weeks of failure or request for
replacement, unless otherwise approved.
3.3.25. Modification and Repair of Destination Signs
The Successful Proposer shall perform any required maintenance to ensure proper operation of all vehicle
destination signs. In the event of route changes that affect the destination sign readings, the City will notify
the Successful Proposer of changes in writing and the Successful Proposer will revise the destination sign
to reflect that change. Successful Proposer will be responsible for equipment necessary to update these
signs.
3.3.26. Miscellaneous Work
The Successful Proposer shall provide labor for miscellaneous maintenance -related activities on vehicles
as may be necessary.
3.3.27. The City Inspections
The City shall have the right and authority to periodically conduct, with or without prior notice,
inspections of the Vehicles and Successful Proposer maintenance records and. procedures. The City shall
order necessary and reasonable revisions to such procedures as determined to be in the best interests of the
City.
a) All mechanical defects identified by a City inspection shall be corrected within three (3) days;
b) Vehicles with safety defects that would impair safe operations shall be removed from Service
immediately and the problem corrected, and
c) Minor damage to the body of a Vehicle shall be repaired by the Successful Proposer.
During the term of the Contract, the City may utilize a maintenance auditor to provide expert review of the
Successful Proposer's maintenance practices and to audit the condition of the City's vehicles at time
intervals no less than quarterly. These auditors may or may not be the City employees.
These fleet audits will include extensive vehicle inspections, utilizing the pits and lifts of the facility, and
also involve inspection of maintenance documentation and Successful Proposer's procedures. Fluid
analysis will be involved. The Successful Proposer must provide full cooperation to these consultants,
arrange for efficient use of their time through facility and vehicle access, supply personnel to move
vehicles, andmake on -the -spot repairs, adjustments, etc.
Access to Reports - The City intends for these audits to not only act as an independent monitoring of the
Successful Proposer's maintenance efforts, but also as a method for the Successful Proposer to demonstrate
constant improvement. Audit reports will be available to the Successful Proposer and the consultants will
provide follow-up meetings and suggestions.
Fluid Analysis —The City shall notify the Successful Proposer at least 48 hours in advance regarding the
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Page 45 of 50
Request for Proposals (RFP) 256244,1
upcoming collection of oil, transmission, coolant, or other fluids for analysis as part of an audit. During
this 48 hours, the Successful Proposer must inform the City of any scheduled preventive maintenance on
any bus which might affect the samples to be tested.
Repairs —Any deficiencies in the vehicle fleet identified by the audits shall be repaired by the Successful
Proposer. Within 10 days after notification of such deficiencies, the Successful Proposer shall present a
written repair schedule/timeline to the City for approval. Failure to submit such a schedule or to not
complete the repairs according to an approved schedule will permit the City to procure a third party to
complete such work, at the Successful Proposer's expense. Any deficiencies that render a vehicle
"deadlined" shall be repaired immediately.
Protest —In the event the Successful Proposer disputes the independent auditor's findings, or believes for
other reasons that the City should reimburse the Successful Proposer for such repairs, the Successful
Proposer may seek the City's approval of a third party paid for by the Successful Proposer and approved by
the City, to provide a second opinion. With assistance from the City's auditor, the City will consider
additional opinions and attempt to resolve the issue. If the dispute cannot be resolved within a reasonable
timefram.e, the decision of the City shall be final. Under no circumstances shall the Successful Proposer be
relieved of its responsibility for fully complying with adequate equipment requirements to meet service
needs during such protest periods.
Maintenance Goals And Objectives
Successful Proposer must establish, submit for the City approval, and track vehicle maintenance goals and
objectives. A general description of this program shall be submitted with the proposal with the detailed
program submitted to the City for approval at least 30 days before the first day of service provision.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Proposers shall carefully follow the format and instruction outlined below, observing format requirements
where indicated. Proposals should contain the information itemized below and in the order indicated. This
information should be provided for the Proposer and any sub -consultants to be utilized for the work
contemplated by this Solicitation. Proposals submitted which do not include the following items may be
deemed non -responsive and may not be considered for contract award.
The response to this solicitation shall be presented in the following format. Failure to do so may
deem your Proposal non -responsive.
NOTE:
ALL RESPONSES WILL BE SUBMITTED IN HARD COPY FORMAT ONLY TO INCLUDE
ONE ORIGINAL AND EIGHT (8) COPIES, ALONG WITH A PDF COPY OF THE PROPOSAL
SUBMITTED IN A CD.
******NO ON-LINE SUBMITTALS WILL BE ACCEPTED*******
1. Cover Page
The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the
Contract; Local Office Location; Local Business Address, if applicable; Business Telephone and Fax
Numbers, if applicable, Email addresses; Title of RFP; RFP Number; Federal Employer Identification
Number or Social Security Number.
2. Table -of -Contents
The table of contents should outline, in sequential order, the major sections of the proposal as listed below,
including all other relevant documents requested for submission. All pages of the proposal, including the
enclosures, should be clearly and consecutively numbered and correspond to the table of contents.
3. Executive Summary:
A signed and dated summary of not more than two (2) pages containing the Qualifications, and
Experience, Ability and Capability to Perform Required Services, Methodology and Overall Approach, and
Technical Solution, as contained in the submittal. Include the name of the organization, business phone
and contact person.
4. Qualifications and Experience
a) Describe the Proposer's organizational history and structure; years Proposer and/or firm has been in
business providing a similar service(s), and indicate whether the City has previously awarded any contracts
to the Proposer/firm.
b) Provide a list of all principals, owners or directors.
c) Provide a complete list of clients for which Proposer has provided a similar service(s) as required in this
RFP. This list should include those entities of a similar size, complexity and scope of work, to the City,
particularly governmental entities, for whom services have been performed during the past five (5) years.
d) Provide detailed background indicating qualifications and experience, for the Successful Proposer and
all personnel to be assigned the City's account throughout the duration of the Contract.
e) Provide, at a minimum, three (3) references that have utilized the services proposed in this response, to
the most relevant current completed services, to include name, address, telephone number, and description
of work, must be included in the response.
f) Should Proposer propose to utilize a Sub-Contractor(s) to perform any of the services, Proposer must
identify Sub-Conctractor(s) and those services to be performed. Proposer must provide Sub-Contractor(s)
qualifications and experience in detail, highlighting the experience in various areas addressed in this RFP.
List who will be acting as the prime contractor, including address, contact and phone numbers, and briefly
describe each other party's relationship to this prime.
g) Provide a list of clients that have, for whatever reason, discontinued to use your services within the past
three (3) years, and indicate the reasons for the same. The City reserves the right to contact any reference as
part of the evaluation process,
h) Provide three (3) Letters of Reference on letterhead from entities, particularly governmental entities of a
similar size for whom similar services have been performed.
Municipal Trolley Operation Srvcs.)
Attachment: 1103 Request for Proposals (1103
Page 47 of 50
Request for Proposals (RFP) 256244,1
5. Ability and Capability to Perform Required Services
a) Describe the size of Proposer and its ability to provide required services to the City.
b) Describe your current operations and the manner and scope of other services currently or in the last five
years. Describe the Proposer's management capacity and system for coordinating all of the services to be
provided under this RFP and any other contracts of the Proposer; further, discuss how it plans to handle and
coordinate all these efforts, along with the services to be performed pursuant to the RFP, if awarded a
contract.
c) Provide financial data for your company as well as any other entity with whom you are proposing this
project.
d) Provide information as to any and all pending or previous lawsuits, filing of or any pending bankruptcy
proceedings, including the disposition of same, filed against the Proposer relating to similar services being
sought within this RFP.
f) Provide information as to whether Proposer has been acquired, plans to be acquired or merged with any
other firms in the future, if known. Explain how said merger with another entity(s) may affect the services
to be provided to the City, if any.
g) Provide audited financial statements for the past three (3) years. A CPA Compilation Report will be
accepted for those companies that are not publicly traded.
6. Methodology and Overall Approach to Scope of Work
Discuss in detail Proposer's Overall Methodology and Approach to the work to be performed as required
under Section 3, Specifications and Scope of Work. Proposers are to provide separate and detailed
discussion in an orderly format for the following but not limited to:
(1) Describe -how -Successful -Proposer- plan- on selling -the -interior -and/or -exterior areas -of -the -replica
trolleys and collect monies to assist the City on maximizing potential revenue streams produced by such
advertising to offset the City's cost for the trolley/bus circulator service. Describe potential advertising,
promotional ideas, partnerships, affiliations, and cost in your proposal.
(2) List all details associated with Proposer's maintenance program, including personnel training, daily
operating practice, preventive maintenance program, etc.
(3) Describe the Electronic Fare Box/Fare Collection Devices to be used in the Replica Trollets, if a fare
would be imposed. Attach any pictures, schematic diagram, or drawings with description.
(4) Describe Proposer's Standard Operating Procedures (SOPs) including, but not limited to, the
following:
Plans for replacement of disabled Vehicles;
Procedures for notifying City of delays and cancellations;
A list of names andphone numbers of contact persons who can make operating decisions and be
reached during Hours of Operation and after hours;
Accident review procedures and Operator corrective processes;
Radio check in and coordination procedures for maintaining Vehicle headways, including
procedures for GPS/Automated Vehicle Location reporting;
Description. of Operator training (including hospitality and courtesy training)
Procedures for operating vehicles and providing service, including procedures to insure that stop
announcements are made by bus operators;
Procedures for daily servicing;
Fare Collectionand accounting procedures;
Fare payment validation and enforcement procedures;
• Procedures for dispatching Vehicles to achieve balanced accumulation of mileage for each Vehicle
in the fleet and accomplish required Service and maintenance;
Contingency plan for emergencies such as accident, fire, mechanical failure, inclement weather, and
criminal activity;
Procedures for the handling of public and internal comments and complaints, and:
Operator safety, recognition and rewards program, and disciplinary procedures for the Operator
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Page 48 of 50
Request for Proposals (RFP) 256244,1
misconduct. Special attention should be paid to an incentive program for front line employees who provide
excellent customer service.
• Customer service guidelines, employee standards of conduct.
• Supervision, with sufficient supervisory level personnel to respond to service problems, monitor
performance schedules and procedures, and enable operators to communicate with the base office, during
all Hours of Operation.
(5) Describe Proposer's Safety Program and how it plans on implementing and maintaining said
program. Attacha copy of the Proposer's Safety Program, if available.
(6) Describe Proposer's Substance Abuse (Drug and Alcohol) Testing Program. Attach a copy of
Proposer's Substance Abuse (Drug and Alcohol) Testing Program, if available.
(7) Submit Proposer's Preventive Maintenance (PM) Policy and Program Manual for the replica trolleys
(busses).
(8) Explain or provide a general description of your Parts and Warehousing Plan, including how
proposer will reasonably maintain satisfactory inventory levels to assure timely repair of
vehicles/equipment.
(9) Provide any other programs, information, plans, details, approach or methodology that Proposer feels
adds value to providing bus circulator services to the general public.
7. COST/REVENUE
Cost- Proposer shall provide an itemized and breakdown cost as shown in the Price Line Section in this
RFP documents Proposer -may -use -the -document provided -by -the -City -or -its owndocumentso_ long as
Proposal follow the same format. Failure to do so may deem your Proposal non -responsive.
Revenue- Proposer shall include any or all pictures, schematic diagram, or drawings illustrating the
interior and/or exterior areas of the replica trolleys and labeling the proposed area for advertisement with
the anticipated amount of revenue to be generated on a daily, weekly, monthly, and annual basis for each
area of advertisement placement.
8. Trade Secrets Execution to Public Records Disclosure
All Proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida
Statutes. An exception may be made for "trade secrets."
If the Proposal contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the RFP number marked on the outside.
Please be aware that the designation of an itemas a trade secret by you may be challenged in court by any
person. By your designation of material in your Proposal as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
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Request for Proposals (RFP) 256244,1
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Proposals shall be evaluated based upon the following criteria and weight:
Selection Evaluation Criteria and Weight:
Qualifications and Experience 20
Methodology and Overall Approach/Ability and Capability to Perform Required
Services 30
Costs to City: 40
Green Concepts 10
Total 100
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Page 50 of 50
KENNETH ROBERTSON
Chief Procurement Officer
ADDENDUM NO. 1
RFP NO. 256244 March 4, 2011
Tony E. Crapp, Jr.
City Manager
Request For Proposals to Provide a Trolley Service Operation for the City of Miami
Health/Stadium District and Biscayne/Brickell Routes, as well as Additional Optional
Routes (Allapattah/Overtown and Coral Way) and Special Events/Charters
TO: ALL PROSPECTIVE PROPOSERS:
The following changes, additions, and clarifications, amend the Request for Proposal (RFP) documents of
• the above captioned RFP, and shall become an integral part of the Proposal/Contract Documents. Please
note the contents herein and reflect same on the documents you have on hand.
NOTES:
1). Please be advised that the City of Miami has elected to acquire the trolleys prior
to the start-up of the Trolley Route Operations. No Interim trolleys will be
utilized. As an adequate number of new trolleys are received by the City, each
route will commence. All references to Proposer Provided/Interim Vehicles are
hereby deleted from this RFP.
2). All references to a "minimum" capacity of 25 passenger vehicles are revised to
reflect an "approximate" capacity of 25 passengers per vehicle.
3). We have extended the Proposal Closing Date from: Tuesday, March 8, 2011
to: Tuesday, March 29, 2011 at 2:00 PM
a). In Section 3.1.7., please delete the last sentence which states:
"Each route as considered-shall-have-two_(2_)_vehicles.operating_in_each_direction_
at any given time."
5). As an optional service to the City, please provide, in your proposal, an hourly
rate for Charters/Special Events utilizing Non -City Owned (proposer provided)
Vehicles as a full turnkey operation. All vehicles must accommodate a minimum
of 20 passengers and be acceptable to the City for usage.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Proposer Questions and Answers:
Q1. Could the City of Miami please provide the specific revenue hours (or projected service hours)
to be bid on the Cost Form? Although the hours are well defined on the Trolley Operations
Specification Sheet, the annual number is not calculated. Setting the "estimated hours" to be
bid on the Cost Form assures all bidders are basing their hourly rate on the same number of
hours.
Al. An estimated 3,744 Annual Operational Hours per Trolley or 52,416 Annual Total Operating
Hours for fourteen (14) Trolleys, based on the operational plan as described in the RFP. This will
be adjusted based on actual contracted annual operational hours.
42. Is the pricing to be provided on the Cost Form for the first year?
A2. The City of Miami has revised the RFP to require proposal pricing as follows: City Owned
Vehicles: Provide the Cost to City Per Total Operating Hour To Provide Personnel, Drivers,
Insurance, Storage Security, Maintenance and Operations (City provides fuel and, if, required,
the vehicle storage location). The annual operating hourly price proposal will be determined by
the proposer, for each year, to include all initial five (5) years plus the five (5) Option To Renew
annual periods, for a total of ten (10) years.
This aggregate total will be used to establish the "Costs To City" point evaluation as shown in
the Evaluation Criteria, Section 5,1.
•
Q3. The City may wish to provide a line on the Cost Sheet for the Charter and Special Events rate?
A3. No, the City requires• a single, •all-inclusive hourly operational rate only for all City owned
Trolleys.
Q4. The RFP contemplates either a "no fare" or "fare" based service. We suggest the City provide
a line item on the Cost Form for quoting the additional cost per hour for providing fareboxes
and collecting fares.
A4. The fare boxes will be •furnished and installed by the City and all end -of -day fare box/cash
collections will be withdrawn daily by the City.
Q5. Please provide a fine on the Cost Form to indicate the prompt payment discount, if any.
A5. This offer should be part of your submission package and will be negotiated with the Successful
Proposer.
Q6. The RFP may require a performance bond in the amount of 10D% of the contract price. Does
the "contract price" refer to the annual price?
2
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
A6. Yes, it is annual since surety companies' issue the Performance Bond based on Annual Amounts
and are normally extended annually by the surety company.
Performance bonds are not required by the Federal Transit Administration (PTA) on service
contracts nor are they commonly required. The performance bond requirement will raise the
City of Miami's cost for service on an annual basis and be of limited value. Miami's
qualification procedures include a thorough review of the contractor's financial ability to
perform the contract. Accordingly, we respectfully suggest •that City of Miami reduce the
amount of the bond, or drop its requirement altogether.
As stated in Q6 and A6. above, the 100% Performance Bond is required for each year of the
contract.
Please consider lowering the threshold to 10% of the specified vehicle service hours before an
equitable adjustment, may be made. A.20% decrease in service hours without an adjustment•
would not •allow the operator to fully cover its fixed costs and would likely place .the
contractor in a loss position. Likewise, a 20% increase would result in the City of Miami being
overcharged for services. Considering the impact of insurance, vehicle leases, rents etc.
wherein the contractor is providing these items, the impact of a 20% threshold before a price
adjustment would not be. sustainable..
Any adjustment to the vehicle service hours before an equitable adjustment may be made will
ultimately be negotiated with the Successful Proposer. Additionally, Equitable Adjustment,
Section 2.13., will no longer reflect the CPI for Fuel as a determining factor of price.
The RFP offers.a CPI adjustment to cover drastic fuel price changes. We respectfully suggest
that the City consider using the OPTS Index and peg the index to the initial bid rate. Otherwise,
the contractor must hedge its current best price to account for the risk of fuel increases during
the course of the whole first year. This results in either overpayment by the City or possibly a
Toss for the contractor.
A9. As the CPI for Fuel, Section 2.12. is no longer applicable, this question is no longer applicable.
Q10. Section 2.16. requires complaint notification to the City of Miami, Office of Transportation, no
later than 5 business days following receipt of complaint. The Specification Sheet, item 5,
requires 72 hour response to the City. Please clarify.
A10. The Specification Sheet (Header/Attachment), item 5, which requires 72 hour response to the
City is the correct description. Please revise Section 2.16 to reflect the 72 hour response
requirement. Also, be aware that this complaint/comment structure is established for all
operational routes.
Q11. Section 2.17. indicates that the City may sell advertising and the City wishes to maximize the
revenue stream. Section 4.1 requests the Successful Proposer to describe how it plans to sell
3
Attachment: 1103 Request for Proposals (1103 : RFP
the advertising for the interior and exterior of the Trolleys and collect the money to assist the
City in maximizing revenue. Please clarify who retains the revenue.
All. This has now been revised. The City of Miami will control all advertising and promotional
materials in or on the trolleys. The Successful Proposer will be responsible for distribution of
brochures or flyers produced by the City.
Q12. The Bid Bond (Proposal Bond) is for 5% of the total bid submitted. Is it 5% of the annual price?
Please clarify.
Al2. The City has agreed that all Proposers must submit a USD $25,000 Proposal Bond with Proposal
submission,
Q13. The Performance Standards require the maintenance of headways (service frequency). Is it
anticipated that the priority will be maintenance of frequency vs. scheduled departure times
when on -time performance is being measured? Note Section 2.21 (Liquidated Damages) refers
to scheduled times as the standard. Please clarify. (If headways are 10 minutes or less,
consistent frequency should be the priority. Greater than 10 minutes than scheduled
departure times are often more import.
A13'. Adherence to scheduled headways/frequency of service for each route will be the priority and
the criteria for performance evaluation.
Q14. Per Section.2,24, this section requires a ceiling rate for each route. Please clarify.
A14. As the City is acquiring its own trolleys prior to commencement of service, this Section 2.24 no,
longer applies. This hourly contract rate will be across-the-board for all hourly operations of City
owned trolleys, including City Sponsored Charters and Special Events utilizing City Owned
Vehicles.
Q15. Could the City of Miami please provide a matrix indentifying the routes and numbers of
Trolleys assigned to each route.
A15. Health/Stadium District: 4 Trolleys t
Biscayne/Brickell: 10 Trolleys ( ''
Allapattah/Overtown: 8 Trolleys
Coral Way: 5 Trolleys
Q16. Please clarify what is intended by assigning a backup Trolley by route? Is the 5th Trolley, for
example, to be staged with a driver in the event of ridership surges, or is it your intent to
ensure we maintain sufficient spare Trolleys ready to respond to service disruptions and
demand?
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
A16. All references to the 5th Trolley throughout this proposal are hereby deleted from the proposal.
Spare vehicle(s) will be provided by the City and put into service at the City's discretion, i.e.,
Supervisor drives a spare trolley to the scene of a breakdown and driver continues with the
spare trolley on its route. Supervisor stays on -site with broken down trolley for towing.
Q17. The RFP Section 3.1.5. states "Fueling of the City owned vehicles will be provided by the City
at its expense." During the period in which interim vehicles are provided, will the City pay for
the fuel? Additionally, we assume 3.3.19 refers to the pricing scenario where the Successful
Proposer provides the fuel. Is this correct?
A17. Since the City will now be acquiring its own vehicles prior to commencement, proposers are to
revise their Section 3.1.5., to read as shown below and also that Section 3.3.19., Fuel is hereby
deleted entirely.
Section 3.1.5, is revised to read as follows:
3.1.5. Service Description
The Health/Stadium District Route Circulators will beoperated using four (4) trolley vehicles ...
with an approximate capacity of twenty-five (25) passengers per vehicle. The Biscayne/Bricked •
Route Circulators will be operated with an additional ten (10) trolley vehicles with the same
capacities.
The City reserves the right to modify the service level above/below that specified in the RFP and
rene.gotiate.the contract hourly rate with the Successful Proposer at that time.
Health/Stadium District and Biscayne/Brickell Route Circulators, as well as additidnaI.optional
routes being considered (Allapattah/Overtown and Coral Way) will be a system of routes with a
goal of ten (10) to a maximum of fifteen (15) minute headways for peak hours and twenty (20)
minute headways for off-peak hours. The Health/Stadium District and Biscayne/Brickell Route
Circulators, as well as additional optional routes being considered (Allapattah/Overtown and
Coral .Way), will be coordinated with existing Miami -Dade Transit (MDT) bus operations. Each
route and the level of service may be refined by the City based on system performance.
The City will provide oversight of the service through its Office of Transportation as well as
provide administration, marketing, advertising and public information services.
The Successful Proposer will provide the Cost to City Per Total Operating Hour To Provide
Personnel, Drivers, Insurance, torage Sec_u.City, Maintena ice and Operations (City provides fuel,
storage location, if necessary). Successful Proposer's services shall also include, but not be
limited to, support vehicles, maintenance personnel, dispatchers, supervisors and the physical
facilities and equipment necessary to operate a • transit system, including garage, if
applicable, office facilities and Special Events and Charter operations when using the City owned
vehicles,
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Commencing service contract, Successful Proposer agrees to provide public transportation
services in accordance with the route(s), number of vehicle(s) miles and headways, hours, and
services specified herein.
The city will make available, to the Successful Proposer, a storage location(s). These location(s)
specified by the City at its sole discretion, would be available for storage of vehicles after hours
at no charge to the Successful Proposer. The Successful Proposer shall provide technical and
operating personnel and services necessary for the operation of the City's fixed route(s) trolley
system. Fueling of City Owned vehicles will be provided by the City at its expense.
All services rendered shall be subject to the control of the City and coordinated by the ,City.
Responsibility for Successful Proposer's day-to-day operations shall be vested in the Successful
Proposer's full-time Management.
Q18. Please clarify•who is responsible for obtaining license plates and the cost associated with the. •
licensing of the City of Miarni furnished Trolleys?
A18. The City of Miami will be responsible to secure all required licenses and plates for each trolley
vehicle. The Successful Proposer will be responsible to insure installation of all tags, registrations
and licenses.
Q19. Is it anticipated that the authority -furnished Trolleys will be equipped with GPS?
A19. Since the City will now be acquiring its own vehicles prior to commencement, the City
anticipates having GPS devices installed in all trolleys.
020. Is GPS/AVL required for the Interim vehicles?
A20. Not Applicable. See Note #1 above.
Q21. Does the City of Miami intend to purchase extended warranties for the City furnished
Trolleys?
A21. Yes, if allowed by funding sources/agencies as an eligible capital cost.
.Q22 , Ham will the City collect the funds from the Trolleys on a daily basis?
A22. At the end of each service day, it is anticipated that all trolleys will report to the Miami -Dade
Transit Central Administration Building, located at 3300 NW 32 Ave., Miami, FL 33142 to have
the cash vault withdrawn and the Easy Card transactions downloaded to their system.
6
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
Q23. Insurance requirements have been revised.
A23. As shown below:
INSURANCE REQUIREMENTS TROLLEY BUS SYSTEM
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability.
Each Occurrence $ 1,000,000
General Aggregate Limit
Products/Completed Operations
Personal and Advertising Injury
cn
0
c}a
m
0
m
B, Endorsements, Required c
City of Miami included as an additional insured (CG 2010 11/85, or
Equivalent version) .7)
Contingent Liability & Contractual Liability.
Primary Insurance Clause Endorsement
Coverage for injury to leased workers a
u_
Premises & Operations Liability
Explosion, Collapse and Underground Hazard c
Loading and Unloading . .
Business Automobile Liability
$ 2,000,000
$ 1,000,000
$ 1,000,000
0
0
L
A. Limits of Liability a
L
Bodily Injury and Property Damage Liability .°
Combined Single Limit r ;
Any Auto/Owned Autos/Scheduled a
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000 ce)
0
B. Endorsements Required c
m
E
City of Miami included as an Additional Insured: .z
o
Employees as insureds cis r
City of Miami as loss payee on the auto physical damage Q
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
7
VIII. Garage Keepers Legal Liability $500,000
IV. Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
V. Umbrella Policy/Excess Liability (Excess Following Form/True Excess
Following Form/True Umbrella)
0
ca
A. Limits of Liability a
Bodily Injury and Property Damage Liability O
Each Occurrence $5,000,000
a)
Aggregate $5,000,000
B. Endorsements Required c�
0.
'c
City of Miami listed as an additional insured
Increased limits to General Liability, Auto and Employer's Liability.
Coverage u_
VI. Physical Damage Coverage r
Collision $1,000 Deductible
Other than Collision/Combined Additional
Coverage $1,000 Deductible Q.
0
L
o_
L
VII. Fidelity Bond $10,000 .°
City of Miami fisted as loss payee a)
m
c
a
a)
M
Deductible- $2,500
a)
The above policies shall provide the City of Miami with written notice of cancellation or material
change from the insurer not less than (30) days prior to any such cancellation or Material change,
or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue
all insurance policies required above:
The company must be rated no less.than "A-" as to management, and no less than "Class V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are
subject to review and verification by Risk Management prior to insurance approval.
THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT ADDITIONAL INSURANCE
COVERAGE AS MAY BE APPLICABLE
Please revise your documents to reflect these changes.
ALL OTHER TERMS AND CONDITIONS OF THIS RFP REMAIN THE SAME.
Sincerely,
Kenneth Robertson
Director of Purchasing
9
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
..: ,
:Equipment ,
Make
Supreme Classic American or Approved Equal
Vehicle Type
Trolley with Wood Bench Style Seating or Approved Equal (see
Header/Attachments for photograph of example vehicle)
Number of vehicles required
Requirement of fourteen (14) vehicles in service with backups
Capacity
Minimum of 25 passengers
Power/fuel type
ULS Diesel or Similar Approved Engine
Accessibility
Must meet ADA requirements for public transit vehicles
Reliability standards
Any short-term vehicle provided by this Successful Proposer must
not be more than five (5) years old when placed in service. New
trolleys provided by the City must be maintained in excellent
condition and remain in service for a minimum of ten (10) years.
On -board amenities
Vehicles provided by the Successful Proposer must have properly
functioning air conditioning at all times while in service that
maintain 75 degree ambient temperature, Driver seatbelts must be
provided. Map Holders and Advertisement space
(interior/exterior) must be provided.
Interior LED destination sign. ..
requirements
The City requires availability of interior stop alert message board
and exterior destination signage
Radio and Comm»nication
Equipment
Two-way radios, GPS Devices On -Board All Vehicles
Electronic Fare Box/Fare
Collection Devices
Must have registering electronic fareboxes compatible with
Miami -Dade Easy Card program
Hours of Operation
Monday - Saturday
Initial Service Plan calls fox approximately 12 hours
Sundays
Xnitial Service Plan calls for approximately 0 hours
Holidays
lnitial Service Plan calls fox approximately 0 hours
Frequency of Headways (trips)
10 - 20-m.inute intervals
Total platform hours per weekday
Starting Approx. 168 hours (14 vehicles at l2 hours per day)
Total platform hours per Saturday
Starting Approx. 168 hours (14 vehicles at 12 hours per day)
Total platform hours per Sunday
0, except for Special Events (i.e., Marlins/Heat Games) and
Charters
Total platform hours per Holiday
0, except for Special Events (i.e., Marlins/Heat Games) and
Charters
Number of routes
2 with additional optional routes
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
City intends to charge a fare for Regular Service (potentially
$1.00), Special Events (potentially $2.00) and Charters.
`Performance
Minimum reliability
< 2% missed trips; 95% on time performance (on tune= 0 to 5
minutes late at any point in time). Service standards will be set
during contract start-up
A. Performance Standards
1. Service Delivery. The success of the Circulator Service is dependent upon the
reliability and safety of the Service. The Successful Proposer shall operate the Service to
achieve the following minimum Service standards:
a) Completion of at least ninety-five (95%) percent of all scheduled trips each month;
b) Headway coordination shall be accomplished to maintain at least ten (10) minutes and
no more than fifteen (15) minutes between vehicles during the peak period and no
More than twenty (20) .minutes between Vehicles in the off peak period; and .. . .
Moving traffic violations received by any Successful Proposer Employee in conduct
of the Service must be reported immediately (no later than the same day as the
incident) to the City contract administrator or designee's name provided to the
Successful Proposer. Upon the City's request, the Successful Proposer shall remove
the Successful Proposer Employee receiving a moving violation from assignment to
this Contract.
2. Climate Control. The Successful Proposer shall maintain in operating order heating
and air-conditioning systems on all Vehicles to the following standards:
a) Air-Conditioning/Heating System fully operational.
b) No Vehicle shall be operated without a properly functioning air-conditioning or
heating system.
3. Vehicle Condition. The Successful Proposer shall maintain the Vehicles at all times
in safe working order and in a clean and presentable manner:
a) All vehicles provided by the Successful Proposer must have freshly painted exteriors
uniform to the City of Miami standard color schemes.
b) Successful Proposer shall remove all graffiti from the exterior snd interior of the
vehicles immediately or as soon as it is practical, but no later than the start of the next
day's service. If the graffiti is offensive or vulgar and cannot be removed, that
vehicle shall be taken out of service immediately.
c) All vehicles must be in excellent operating condition at all times. Minor body damage
repairs, identified by the City as necessary shall be repaired as soon as possible, but
Municipal Trolley Operation Srvcs.)
Attachment: 1103 Request for Proposals (1103 : RFP
not to exceed two (2) weeks, after notification to Successful Proposer, subject to the
availability of OEM parts when needed.
d) Major body damage shall be repaired before returning the Vehicle to Revenue
Service, not to exceed five (5) weeks out of Service, subject to the availability of
OEM parts when needed.
e) Vehicles while in Service shall be kept free of trash and debris at all times.
f) Vehicle maintenance shall be performed to achieve the following standards:
• All legally required safety -related equipment shall be in working order at all times
on the Vehicles that are performing Service.
• Vehicles shall pass inspection, if and when applicable.
• All maintenance records shall be complete and accurate, posted to permanent
records within one (1) week, and contain no falsification of timeliness or
description of repairs conducted.
• All mechanical/hydraulic Americans with Disabilities Act (ADA) lifts must be.
maintained in perfect operating condition at all times.
4. Customer Sex-vice/hospitality. Operators will welcome passengers, consistently
demonstrate positive, friendly approach, and respond to questions and concerns to the
best of their ability. Operators are required to announce all stops on the vehicle public
address system in advance of stopping.
Performance will be monitored by the City through customer surveys, communication
with supervisors, and individual spot-checks.
S. Public Comments/Complaints. It shall be an objective of the Successful Proposer to
limit bona fide complaints from the public, concerning the Successful Proposer's
performance of services to three (3) per one hundred (100) passengers per month.
Complaints received by the City will be forwarded to the Successful Proposer for.
handling. The Successful Proposer will research the complaint and respond to the City in
writing within seventy-two (72) hours of receipt of the complaint. The Successful
Proposer will provide a step-by-step disciplinary procedure in the Operator's Handbook
to handle complaints about service provided by the Operators.
6. Operator Uniforms. At all times while performing their duties, vehicle operators,
supervisors, and trainers must maintain a clean and neat appearance, and must be in the
approved uniform inspected by the Successf it Proposer. Every employee must also
adhere to a code of personal grooming and hygiene established by the Successful
Proposer.
7. Drug and Alcohol Policy. The Successful Proposer must have a drug and alcohol
policy in place that meets all federal, state and local policy requirements.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
B. Determination of Non -Performance
1. Notice to Successful Proposer. Upon determination by the City of a failure to meet
an established perfounance measure, a written notification will be delivered• to the
Successful Proposer's home office, with a copy to its local Project Manager. Liquidated
damages will not be applied without the Successful Proposer receiving a written notice
specifying the issue and detailing the time and nature of the occurrence.
2. Remedy of Non -Performance. If the Successful Proposer shall correct an
occurrence of non-performance within five (5) working days of notification by THE
CITY, and the same is acceptable to the City, no adjustment will be assessed.
3. Adjustments. In the event that the Successful Proposer fails to meet any
performance standard established under this Contract, and fails to take satisfactory
corrective action(s) within the time limits established under this Contract, adjustments in
the City payments to the Successful Proposer will be made as described below:
The Successful Proposer and the City agree to the following schedule of liquidated
damages for specific items of non-performance as specified below because actual
damages are difficult to ascertain. Therefore, the amounts are established as liquidated
damages, and not as a forfeiture or penalty, for the Successful Proposer's failure to
comply with the specified terms and provisions. With prior notice to the Successful
Proposer, the City reserves the right to change the amount of liquidated damages imposed
for specific items of non performance and reserves the right to add or delete specific
items of non-perfouuance.
a) Service Delivery. Failure, to achieve the performance standards for the completion of
at least ninety-five (95%) percent of Scheduled Trips:
$100 per missed trip
b) Climate Control. Failure to achieve the performance standards described:
$100 per day per Vehicle
Municipal Trolley Operation Srvcs.)
Attachment: 1103 Request for Proposals (1103 : RFP
c) Vehicle Condition. Failure to achieve the following performance standards per
occurrence:
Graffiti $25 per event
Minor Body Damage $25 per event
Major Body Damage $100 per event
Safety Equipment $25 per event
Vehicle Inspection (if applicable) $50 per event
Maintenance Records $25 per event
d) Reporting Requirements. Failure to submit clear and accurate reports:
Accident/Incident
Monthly report . ,
working day. of the month
$25 per event
$50 per day after the. 1 Otn
e) Uniforms. Failure to achieve this performance standard:
Uniforms $25 per event
f) Customer complaints. Failure to achieve the performance standards:
$50 per event.
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)
I• ttac ment: I 'equest or ' roposa s I : ' ' - T unicipa ro ey • peration rvcs.'
hth`zYizipm9ll[L- 4/5/2011
Attachment: 1103 Request for Proposals (1103 : RFP - Municipal Trolley Operation Srvcs.)