HomeMy WebLinkAboutReso 2005-830
RESOLUTION NO. 2005 -830
~:~:pSOLUTIO~ OF THE CITY COMMISSION OF THE
C}~4.0F SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH SWEEPING CORPORATION OF
AMERICA, INC., ATTACHED HERETO AS EXHIBIT "A",
FOR STREET SWEEPING SERVICES IN AN AMOUNT NOT
TO EXCEED FORTY THOUSAND DOLLARS ($40,000.00)
PER YEAR; AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO EFFECTUATE THE
TERMS OF THE AGREEMENT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of Sunny Isles Beach authorized the purchase of a street
sweeper on May 13, 1999 in order to maintain and beautify the various rights-of-way with the City;
and
WHEREAS, the street sweeper is aged and has seen significant down time because of repair
and maintenance issues; and
WHEREAS, the City of Oakland Park, pursuant to Invitation for Bids No. B081302, awarded
a bid to Sweeping Corporation of America, Inc. ("Sweeping Corporation of America") to perform
street sweeping services at a rate of Twenty-Six Dollars ($26.00) per curb mile; and
WHEREAS, the City of Oakland Park agreement has a term of two years and has options to
extend the agreement for additional two year periods; and
WHEREAS, the City called in Sweeping Corporation of America to perform street sweeping
services on a temporary basis from March 1,2005 to May 27,2005 and the company proved to be
reliable and responsive; and
WHEREAS, the City would like to utilize the provisions of the City of Oakland Park's
contract and enter into an agreement, attached hereto as Exhibit "A", with Sweeping Corporation of
America, upon the same rate and similar terms and conditions, for a total annual amount not to
exceed Forty Thousand Dollars ($40,000.00).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Agreement between the City of Sunny Isles Beach and
Sweeping Corporation of America, Inc. for street sweeping services in an amount not to exceed Forty
Thousand Dollars ($40,000.00) per year, for two years of service and two year options to extend the
agreement, attached hereto as Exhibit "A", be, and the same, is hereby approved.
R2005- Agmt w/Sweeping Corporation of America
Section 2.
Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of the Agreement.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 8th day of September 2005.
ATTEST:
..~'A~
. . Jane A. Hines, City, Clerk
Vote: 5-()
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Moved by:
Seconded by:
~(Yes)
V.(Yes)
\7"(Yes)
1:7"" (Yes)
-V(Yes)
\(\ u M~t)yr 1PrALC;:~
Com~ g"R~2U\)
_(No)
_(No)
_(No)
_(No)
_(No)
R2005- Agmt w/Sweeping Corporation of America 2
CITY OF SUNNY ISLES BEACH
STREET SWEEPING SERVICE AGREEMENT
CONTRACT NO. K05-22
THIS SERVICE AGREEMENT made and entered into this ~ ~ day of
~buL. 2005, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a
municipal corporation of the State of Florida, (hereinafter referred as to "City") and
SWEEPING CORPORATION OF AMERICA, INC., a Florida corporation, authorized to do
business in the State of Florida, (hereinafter referred to as "Contractor"), whose Federal I.D.# is
WHEREAS, the City of Oakland Park issued Invitation for Bids No. B081303 for Street
Sweeping Services; and
WHEREAS, Contractor submitted a bid for Services at a rate of $26 per curb mile;
WHEREAS, Contractor was awarded the contract for said services ("Services") with the
City of Oakland Park and executed a contract with the term of two years, and two options for the
City the City of Oakland Park to renew the agreement for additional two year periods and;
WHEREAS, the City is in need of a contractor to provide said Services for
approximately within the City limits; and
WHEREAS, pursuant to the City's procurement code provisions purchases made under
state, county or other governmental contracts or competitive bids with other governmental
agencies shall be exempt from the City's competitive bidding procedures; and
WHEREAS, the Contractor is qualified, willing and able to provide the desired Services
at the same rate, terms and conditions set forth herein;
WHEREAS, the City wishes to employ Contractor to provide Services more particularly
described in shown in Exhibit "A" attached hereto and made a part hereof.
NOW THERFORE, in consideration of the premises and the mutual covenants herein
named, the parties hereto agree as set forth below:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part of hereof for reference.
2. SERVICES TO BE PERFORMED. Contractor shall perform the following Services
more particularly described in shown in Exhibit "A" and "B," attached hereto and ~art
hereof. The total price for these services shall not exceed $40,0000 annually payable: _ 0
as invoiced.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Paragraph 10 hereunder, the term of this Agreement shall commence upon execution by
Street Sweeping Agreement
SIB
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
both parties and shall terminate two years following the Date of the Agreement. The Contractor
and City agree that there shall exist the right to extend the term of the Agreement for two (2)
two-year terms provided the City deems the performance of the Contractor is acceptable. For
each of the two (2) two-year extensions the City shall pay the Contractor the same rate of
compensation for the street sweeping services rendered during the initial two (2) year term. Any
change in fee, terms or conditions shall be accomplished by written amendment to this contract.
4. COMPENSATION. Payment to Contractor for all charges and tasks under this
Agreement shall be in accordance with this Agreement and the schedule of charges reflected in
Exhibit "A", which fee shall be disbursed on a monthly basis and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If Services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractor's finaVlast
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any and other additional charges, if not properly included on
this final invoice are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor.
Contractor shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are
discovered during the performance of this Agreement, the City shall have the right to cancel this
Agreement upon thirty (30) days written notice to Contractor. Upon termination, the City may
Page 2 of9
S\B
Street Sweeping Agreement
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
re-bid the project if the Contractor fails to perform under this Agreement due to the undisclosed
conditions.
6. INDEPENDENT CONTRACTOR RELATIONSIDP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City, Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this agreement. The City shall not be responsible
for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liab}lities caused by Contractor, its agents, sub-Contractors or employees, as indicated below:
b Comprehensive General liability insurance -- including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with limits of One Million Dollars ($1,000,000) combined single limit
j
occurrence.
Workmen's Compensation, with no less than $100,000 for Employer's Liability.
Said coverage shall include a waiver of subrogation in favor of the City, its
agents, employees and officials.
o Errors and Omission -- Contractor shall carry a minimum of $500,000 coverage
for errors and omissions.
[J Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for limits of not less than $500,000 per occurrence,
Combined Single Limit or its equivalent.
Insurance required of the Contractor shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City.
Such insurance shall not diminish Contractor's indemnification and obligations
hereunder. The insurance policy(ies) shall be issued by companies authorized to do business
under the laws of the State of Florida and acceptable to the City. Prior to the execution of the
Agreement, and at any time upon request, Contractor shall furnish to the City certificates
of insurance evidencing the minimum required coverage and shall be appropriatel~
;,16
Page 3 of9
Street Sweeping Agreement
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33 160
(305) 947-0606 phone (305) 949-3113 Fax
endorsed for contractual liability, with the City named as additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms
and issued by insurance companies acceptable to the City's Risk Management Department. All
insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. The City reserves the
right from time to time to change the insurance coverage and limits of liability required to be
maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its sub-Contractors providing
services hereunder (if any) procures and maintains, until the completion of the services,
insurance of the types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Contractor pursuant to this agreement and related services to this agreement are intended and
represented for the ownership of the City only. Any other use by Contractor or other parties,
shall be approved in writing by the City.
Contractor shall deliver to the City for approval and acceptance, and before being eligible
for final payment or any amounts due, all documents and materials prepared by, and for, the City
under this Agreement.
All oral and written information not in the public domain or not previously known, and
all information and data obtained, developed or supplied by the City, or at its expense, will be
kept confidential by the Contractor and will not be disclosed to any other party, directly or
indirectly, without the City's prior written consent, unless required by a lawful order. All
drawings, maps, sketches, programs, data base, reports and other data developed or purchased
under this Agreement for, or at the City's expense, shall be and remain the City's property and
may be reproduced and reused at the discretion of the City.
The City and Contractor shall comply with the provisions of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise
made in writing by any party pursuant hereto, including, but not limited to, any representations
made herein relating to disclosure or ownership of documents, shall survive the execution and
delivery of this Agreement and the consummation of the transactions contemplated hereby.
9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its
officers, agents, and employees from, and against any and all claims, actions, liabilities, losses
and expenses including, but not limited to, attorney's fees for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or
may be alleged to have risen from the negligent acts, errors, omissions or other wrongful. conduct
of the Contractor, agents or other personal entity acting under Contractor's control in connection
Page 4 of9
S\B
Street Sweeping Agreement
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
with the Contractor's performance of services pursuant to that agreement and to that extent the
Contractor shall pay such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses including wrongful termination
or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees
expended by the City in defense of such claims and losses including appeals. The parties agree
that ten percent (10%) of the total compensation is a specific consideration from the City to the
Contractor for this indemnity.
10. TERMINATION.
a. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a
timely manner or otherwise violate any of the covenants, agreements or stipulations material to
this agreement, the City shall have the right to terminate the services then remaining to be
performed. Prior to the exercise of its option to terminate for cause, the City shall notify the
Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10)
days to cure such default. If the default remains uncured after ten (10) days the City may
terminate this agreement.
1. In the event of termination, all finished and unfinished documents,
data and other work product prepared by Contractor (and sub-
Contractor[ s]) shall be delivered to the City and the City shall
compensate the Contractor for all services satisfactorily performed
prior to the date of termination, as provided in Paragraph 4 herein.
11. Notwithstanding the foregoing, the Contractor shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of
the agreement by Contractor and the City may reasonably withhold
payments to Contractor for the purposes of set-off until such time as
the exact amount of damages due the City from the Contractor is
determined.
Ill. After receipt of a Termination Notice and except as otherwise directed
by the City, the Contractor shall:
1. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts
relating to the performance of the terminated work.
3. Transfer all work in process, completed work and
other materials related to the terminated work to
the City.
4. Continue and complete all parts of that work that
have not been terminated.
Street Sweeping Agreement
..-.--
-.-..- ...
_. ...~S J.6-
Page 5 of9
City of Sunny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
b. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed by providing thirty (30)
days notice.
c. Termination for Insolvency. The City also reserves the right to terminate the
remaining services to be performed in the event the Contractor is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
11. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not
subcontract, assign or transfer any work under this agreement without the prior written consent
of the City. Should the Contractor subcontract any services under this agreement, it shall be
done with continued liability for the Contractor. The Contractor shall remain responsible for
services, responsibilities and liabilities of any person or entity acting under Contractor.
12. TIME OF COMPLETION. The services to be rendered by the Contractor shall be
commenced upon execution of this contract and shall be completed within the time specified in
Exhibit "A", if any time is indicated. A reasonable extension of time shall be granted in the
event the work of the Contractor is delayed or prevented by the City or by circumstances beyond
the reasonable control of the Contractor including weather conditions of acts of God which
render the performance of the Contractor's duty impracticable.
13. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that it has
and will continue to maintain all licenses and approvals required to conduct its business and that
it will at all times conduct its business activities in a reputable manner. Proof of such licenses
and approvals shall be submitted to the City prior to commencement of work under this
Agreement.
14. MODIFICATIONS OF WORK. The City reserves the right to make changes in the
work, including alterations, reductions or additions thereto. Upon receipt of the City's
notification of a contemplated change, the Contractor shall (1) if requested by the City, provide
an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
City of any estimated change in completion date, and (3) advise the City in writing if the
contemplated change shall affect the Contractor's ability to meet the completion dates or
schedules of this Agreement.
15. COORDINATION OF SERVICES. The City's representative/liaison during the
performance of this Agreement shall be the City Manager, telephone number 305/947-0606.
Contractor shall not respond to requests for services under this Agreement unless the request is
received directly from the City Manager, or designated personnel. Any requests received from
other City departments/divisions shall be referred to the City Manager's Department
representative designated above. Services performed without authorization by the City
Manager shall be considered unauthorized and shall not be compensated/paid by the City.
16. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
Page 60f9
.. _.S-~~
Street Sweeping Agreement
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. The non-prevailing party shall pay all
costs of arbitration and attorneys' fees incurred by the parties or, if neither party prevails on the
whole, each party shall be responsible for a portion of the costs of arbitration and their respective
attorneys' fees as may be determined by the court on confirmation.
17. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of Ten (10) years subsequent to that date upon which
the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for
violating such provisions.
18. NOTICES. All notices and communications hereunder shall be in writing and shall be
deemed given when sent postage prepaid by registered or certified mail, return receipt requested
and, if intended for City to the City Manager, with a copy to Hans Ottinot, City Attorney,
City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, and, if
intended for Contractor, shall be addressed to P.O. Box 40348, Nashville, TN 37204-0348
Attention: Thomas A. Rice, President. Telephone: (615) 385-4422; Fax: (615) 385-4798.
19. GOVERNING LAW. The validity of this Agreement and the interpretation .and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
State of Florida, without regard to principles of conflict of laws thereof. The location of any
action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade
County, Florida.
20. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
21. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/family status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
Page 70f9
SIB
Street Sweeping Agreement
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
other forms of compensation, and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the City setting forth the provisions of this non-discrimination clause.
The Contractor agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 V.S.C. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
22. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully
set forth herein, in connection with the Agreement conditions hereunder.
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly that should conflict in any manner or degree with the performance of the services.
23. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede
any other conflicting provisions that are contained in any other document. The Oakland Park
agreement attached hereto as Exhibit B, is incorporated by reference and made a part hereof.
Where the agreement makes reference to the City of Oakland Park it shall be replaced by the
City of Sunny Isles Beach
24. MISCELLANEOUS.
a. The rights granted to Contractor hereunder are nonexclusive, and the City reserves the
right to enter into agreements with other persons or firms to perform services including those
provided hereunder.
b. Contractor and its employees shall promptly observe and comply with applicable
provisions of all published federal, state and local laws, rules and regulations which govern or
apply to the services rendered by Contractor hereunder, or to the wages paid by Contractor to its
employees.
c. Contractor shall obtain and keep in force during the term of this Agreement all necessary
licenses, registrations, certificates, permits and other authorizations as are required by law in
order for Contractor to render the service(s) required hereunder.
d. Contractor shall not use the name or official seal of the City in any promotional material
without the prior written consent of the City.
e. Except as expressly provided for in this Agreement, Contractor is not authorized to act as
the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind
the City hereunder, either in Contractor's relations with sub-Contractors, or in any other manner
whatsoever.
Page 8 of9
fl. ~ B
~). L.-_
Street Sweeping Agreement
City of Sunny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33 160
(305) 947-0606 phone (305) 949-3 113 Fax
25. ENTIRE AGREEMENT. This Agreement and Attachments Exhibit "A" and "B,"
which are expressly incorporated herein by reference, shall constitute the entire agreement
between the parties with respect to the subject matter hereof, and it shall supersede all previous
and contemporaneous oral and written negotiations, commitments, agreements and
understanding relating hereto. This Agreement may be executed in multiple identical
counterparts, each of which shall be deemed an original for all purposes.
26. AMENDMENT. Any modification of this Agreement shall be effective only if in
writing and signed by the parties to this Agreement. No waiver of any provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party
granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement In
duplicate on the day and year first written above.
A TTEsr:- ,'.
CITY OF SUNNY ISLES BEACH
r ,
,.,.
:By:
, .
~"A.L
Jane A. tIihes, City Clerk
.-
9
Street Sweeping Corporation of America, Inc,Attorneyl Agreements/jb
SIB
Exhibit A
Services
Calvin, Giordano 172nd Avenue and North Bay Road
1
SIB
l'lU.::>41 P.2
cS wettl& Corporation
of .
~merica.
August 12, 2005
Clerk's Office
City of Sunny Isles Beach
Sunny Isles Beach, FL
FAX ONLY: 305-792-1561
Reg; CITY OF SUNNY ISLES BEACH CONTRACT
Sweeping Corporation of America, Inc. is prepared to extend the same terms,
conditions and pricing to Sunny Isles Beach as we have to the City of Oakland Park
Florida Bid # B081303.
We will provide these services to the City of Sunny Isles Beach at the same rate as
the City of Oakland Park which is $26.00 per curb mile. The expected cost for one
year's worth of weekly service at this price should cost approximately 540,000.00
depending on curb miles swept.
Any questions please call.
G CORPORATION OF AMERICA, INC.
~~
as A. Rice
President
T ARI\7JD
....aP8t. H..dquar1:....: p.o. Box 4D34E! . Naehvi"e. TN 37204-0::l~~ . r~"O::;l ":Ie:"", -'<A....,... _ _. ,_ .___. ___ .___
SIB
, .
.
~o
CITY OF OAKLAND PARK
365D ME 1~ Avenue
oakland Park, FL 33334 j
AGREEMENT for STREET SWEEP1NGSERVlCES
This AGREEMENT, made this n. day at h..,j- ,..., tr..B. by snd:betMen the City
of Oakland Pane, acting harein through its ~,lie"r8i~ called "CITY' and
Sweeping Corporation of Ameriea. doing business 88 a streett __ping c;ompany located
in the City of Davie, County or Brcwant and the Sfafe Of FioJida, hereinaft&r caned
"CONTRACTOR-.
I
WITNESSETH. ltaat the parties hereta dQ mutually agree as foIJows::
ABTICLj; I
That fQI', and in consideration at, the payments 'and agreements hereinafter
mentioned. to be made and performed by the clT'i. the CONTRACTOR hereby
agrees WIth the CITY to commence and complete tl;e work deeciibed as fDllows~
I
All of the terms, conaldona, end proVf&ions of the InvftaUon lD Sl~ t# Ei5081303 are
incorporated herein by mference and m.de a specific part hereo[
ARTICLE n
,,, 3ccordanC8 with the InvitatiQn to Bid the CantracfDr shall furnish at his own
eJpense aU labor, vehicles. materials, tools and equipment neectfid to perform the
services required by this Agreement snd the Invitation fa Bid.
The CONTRACTOR further agree.s that tho p~ 88 quoted in thO invitation to B4d
shaD remain constant for the duration of this Agreement.
ARTICLE III
The tarm ofthfsAQreement shall cammen~ on cc.~ I .2003 and shan
terminate on ~~~ -17 &0. 2005. The CONT~CTOR and CITY agree that
there shalt exist the right to extend the term of the agreement for; two (2) two year
terms prtnrided 1he City deems the performance of the CONTRACTOR is
acceptable. For each of the two (2) two year extensions the City shafl pay the
A-1
s:.G1
SOI9-t9S(.SSl
Si~.~ltl~n
SIB
esg=nt ~o ~t ~~N
CONTRACTOR tne same rate of co"1pensation for 111. street sweeping saMces
rendered during the initial two (2) year tenn.
ARTICLE N .
If it is delsrmined that it as in the best interest of either party of the Agreemam b
tenninate thIS Agreement prJcjr to the expiradon date, for any causa, a lhirty (30)
calendar day written notice aha" be given by the party wishing I to terminate this
Agreement
ARTICLE v
ConfraGtor agrees to indemnify and save CITY its publjc officials,:8gents~ servants
and employees harmless from and against any and al' claims arising out 01 or in any
way connected with the Wilrful misa:mduct Dr negligence of the 'c:onlractol1', or its
employees and to <:any at lis own expense policies of Insurance described in
Invitation tD BId.. 8081313 to profactthe eln and its interests from such actions
of the contractor or sub-Q)ntractors. Contnidor further agrees to reimbur:le CITY
forany and aU court costs and orhereJePenses. inauding reasonable attorneY's fees
rncurred by CITY In defending any action, at both the triaJ and iappeUate levels)
;nclUding paralegal expon8e$ a~ thoRMiIh, brought agaRst CITY far irdury
or damage claimed to have been sufter8d as a result of or in anY way oonnectsd
with conlractot', willful misconduct or negfigence or:tllat of ibi employees.
A-2
SIB
.-C11
&D1S-ISlStirSGJ
sa~~~i!~n
eSE:OI .0 ~t ~8W
AGR.EEMEtfi~
IN WITNESS WHEREOF, the partieli to !heae presents have executed this Q)J1'Itract fn
three (3) counterparts, each of Which shaD be deemed an original. in the Year and Day fim
mentioned above. '
A~}t/{
.Jl
y~;~
~r
@.,.
u~
ADORESS1) I ~.l'\-
, '3 wyr<#J
i'\~ ,t~ ~:G MMIl~~
. I
3''} ,;t.() t
PHON~: l.J~-" ?, h-- 4~#l1-~
~;4
A-3
SIB
s-~
/""C';l ~~'r1
SOI9-!9S(.pSSJ
$-~~~l~q.n
~SE:D1 .0 Ll ~ew
?qt? . ()f-.I
CITY OF OAKLAND PARK
INVITATION TO BID
ITB #B081303
STREET SWEEPING SERVICES
DON MIGLIORE, MAYOR
LA YNE DALLETT WALLS, VICE-MAYOR
LARRY GIERER, COMMISSIONER
STEVEN ARNST, COMMISSIONER
ALLEGRA WEBB MURPHY, COMMISSIONER
JOHN STUNSON, CITY MANAGER
ANN PERROTTA, ASSISTANT CITY MANAGER
MAGGIE TUIL~ER, PURCHASING DEPARTMENT
3650 NE 12 Avenue, Oakland Park, FI 33334
SIR
Table of Contents
Section I Instructions to Proposers
Section II Scope of Proposal
Section III Proposal Documents
SIR
SECTION I
Instructions to
Proposers
SIB
INSTRUCTIONS TO PROPOSERS
1. GENERAL: The following instructions are given for guiding Proposers in properly preparing their
proposals, It is the intent of the following specifications to set up minimum requirements for street
. ,
sweepmg serVIces,
For any technical questions, call:
Maggie Turner
Purchasing Department
City of Oakland Park
3650 NE 12 Ave
Oakland Park, Florida 33334
Phone: 954-561-6 I 05
2, SCOPE OF WORK: The City of Oakland Park is interested in securing firm pricing for contractual
services to perform Street Sweeping, for approximately eighty-seven (87) miles of streets throughout the
City, The contract term will be for an initial two (2) year time period, with an option to renew for two
(2) additional two (2) year time periods,
2.1 Provide all labor to staff the work site properly, material, equipment, investigation,
planning and provisions for below ground (bottom) and above ground conditions, including
weather, tide, water and other natural conditions, professional inspection and supervision
necessary to provide these items.
2.2 Apply for and obtaining all permits, licenses, inspections, approvals, certificates,
authorizations, and certifications required by federal, state or local law, agreement,
requirement, law, ruling, ordinance, decision, mandate, code or regulations of all agencies or
subdivisions (city, county, state or federal) and needed in the process of providing these
items,
2,3 Consulting as necessary with Public Works Department of the City of Oakland Park and
complying with existing code requirements enforced by the City of Oakland Park.
3. LOCA nON OF WORK: Approximately eighty-seven (87) miles of streets throughout the City, as
described in the attachment to this ITB,
4. PERSONAL INVESTIGA nON: Proposers will satisfy themselves by personal investigation and by
such other means as they may think necessary or desirable, as to existing, future, unforeseen, natural
(weather, storm, tides, etc,) war, government emergency, tort, riot, arson, sabotage, strike, inflation,
material availability, conditions affecting the proposed work and the cost of it. No information derived
from maps, drawings, specifications or from the City officials will relieve the contractor from any risk
or from the fulfilling of all terms of the contract. The Proposer will be responsible for all weather and
tide planning, unforeseen delays, and adequate time scheduling, required in the development of the
project. The Proposer will be responsible for all fees and permits required for this project
5. PRE-BID MEETING AND SITE TOUR: A pre-bid conference will be held 10:30 AM,
Tuesday, August 5, at the City of Oakland Park Public Works Administration Building, 250 NE 33
Street, Oakland Park, FI 33334, Bidders or their representative(s) are encouraged to attend.
-4
SIB
6 INTERPRET A nONS, INCONSISTENCIES AND ADDENDA: No interpretation ofthe meaning
specifications or other contract documents will be made orally to any Proposer, Prospective Proposers
must request such interpretations, in writing, from the Maggie Turner, Purchasing Dept. 3650 NE ] 2
Ave. Oakland Park, 954-56]-6105.
7. ACCEPTANCE OR REJECTION OF PROPOSALS: The City, in its sole discretion, reserves the
right to accept or reject any proposal, in whole or in part, in the best interests of the City, Proposals are
subject to review, evaluation, and revision by the City. Refmement of changes to layouts and elements
of the proposal may be made by the City during the pre-proposal process any time until 72 hours
preceding the date of opening, Addenda will be issued following such revisions,
8, SELECTION: .The City will consider bidders to be responsive and responsible by providing accurate
information as delineated.
8. I The prospective contractor must submit at least five (5) references of other entities, of similar
facility size, which have received similar services, Current contact names and phone numbers must
be supplied.
8.2 The prospective contractor must provide a listing of any outstanding lawsuits currently pending
against contractor's company.
8.3 Public Entities Crime Form signed by principals of respondents and dated prior to bid.
8.4 Non Collusion Affidavit signed by principals of respondents and dated prior to bid.
9, PRICE: The price is to include the furnishing of all materials, equipment, tools, utilities, acquisition of
all permits, approvals, authorizations, certificates, including applicable taxes, all items or matter for
which the Proposer is responsible for herein and all facilities and the performance of all labor and
services, necessary or proper for the completion of the work, except as may be otherwise expressly
provided in the contract documents.
] 0, rNSURANCE REQUfREl\1ENTS: The Proposer will be required to furnish evidence of the following
insurance coverages by a licensed Florida Company.
] 0,1 Without limiting any of the other obligations or liabilities of Proposer, Proposer will provide,
pay for and maintain in force until all of its work to be performed under this contract has been
completed and accepted by City (or for such duration as is otherwise specified after this), the insurance
coverages set forth herein,
10.],] Workers' compensation insurance to apply for all employees of the contractor and sub-
contractors meeting the "Workers' Compensation Law" of the State of Florida and all applicable
federal laws. In addition, the policy(s) must include:
Employers' liability with a minimum limit of one hundred thousand dollars ($] 00,000) each accident.
10,2 Comprehensive General Liability with minimum limits of one million dollars ($] ,000,000) per
occurrence combined single limits for bodily injury liability and property damage liability;
10.2.] Personal Injury Coverage with employee and contractual exclusions removed with minimum
limits of coverage equal to those required for bodily injury liability and property damage liability;
10.2.2 The City is to be expressly included as an "Additional Insured" in the name of "City of
-5
SIB
Oakland Park" with respect to liability arising out of operations performed by City by or for Proposer;
or acts or omissions of City concerning general supervision of such operation,
10.2.3 Notice of cancellation and/or restriction Policy(s) must be endorsed to give the City thirty (30)
days notice of cancellation and/or restriction.
I I. PROOF OF CARRiAGE OF INSURANCE: The Proposer will furnish to Maggie Turner, Purchasing
Office, Certificates of Insurance or endorsements evidencing the insurance coverage specified above
within seven (7) days after notification of an award, The required Certificates of Insurance or
endorsements will not only name the types of policies continued, but will also refer specifically to this
contract and will state that such insurance is as required by this contract.
12. BONDS AND CERTfFICA TES: Within seven (7) days of being notified of the award, the Contractor
will furnish a performance and payment guaranty consisting of either:
12, I Performance and Pavment Bond (Surety):
12, I , 1 A Performance and Payment Bond contain ing all the provisions of the Performance and
Payment Bond attached.
12,1.2 The bond(s) will be for 100% of the original contract amount plus all approved change orders
or amendments that increase the contract price that will guarantee to City the completion and
performance of the work covered in such contracts plus full payment of all suppliers, material persons,
laborers, or subcontractors employed pursuant to this project. Such bond(s) will be with a surety
company that is qualified pursuant to Section 16" Qualification of Surety,
12,13 Such bond(s) will continue in effect for one year after completion and acceptance of the work
with liability equal to 100% of the final contract price, or an additional bond will be conditioned that
the Contractor will, upon completion by the City, correct any defective or faulty work or materials that
appear within one year after completion of the contract.
12.2 Performance and Payment Guarantv:
12.2, I Instead of a performance and payment bond, Contractor may furnish an alternate form of
security that may be as cash, money order, certified check, cashiers check or irrevocable letter of
credit. Such alternate forms of security will be for the same purpose and will be subject to the same
conditions as those applicable above and will be held by the City for one year after completion and
acceptance of the work.
13, QUALIFICATION OF SURETY:
13.1 A Performance and Payment Bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as surety, having a resident agent in the
State of Florida and having been in business with a record of successful continuous operation for at
least five years.
13.2 For projects that do not exceed $500,000, City accepts a Performance and Payment Bond from a
surety company that has twice the minimum surplus and capital required by the Florida Insurance
Code at the time this ITB was issued if the surety company is othenvise meeting the provisions of the
Florida Insurance Code, and if surety company holds a currently valid Certification of Authority issued
by the United States Department of the Treasury under Section 9304 to 9308 of Title 3 I of the United
States Code. The certificate and affidavit so certifYing should be submitted with the Performance and
Payment Bond,
-6
~IR
14. PROPOSER'S EXPERIENCE RECORD: The City will have the right to investigate the financial
condition, experience record, and equipment of each Proposer and determine to its satisfaction the
competency of each to undertake the project. The Proposer will submit documentation concerned with
the past performance and integrity of a contractor/developer, Accordingly, Proposer should provide
information as to any of the following: (a) bankruptcy, (b) mortgage foreclosures; (c) previous or
pending litigation and (d) restrictions, restraints or impositions imposed by federal or state regulatory
agencies such as Federal Housing Administration, Securities and Exchange Commission, etc., that
apply to the contractor/developer.
15, DEFINITION: All references to Proposer will include the contractor and all references to the
contractor will include Proposer.
16. PROPOSAL SUBMISSION DEADLINE AND OPENING Sealed proposals will be received by
the City Clerk's Office, City of Oakland Park, 3650 NE 12th Ave., Oakland Park, FL until 2:30 PM,
Wednesday, August 13,2003, Proposals will be opened and read aloud shortly thereafter in the City
Commission Chambers. Four (4) copies of proposals must be presented in a sealed envelope and
identified with the following information: "Street Sweeping Services ITB #B06-23-03." Ifproposals
are submitted via an express package service (FEDEX, UPS, USPS, ete,) the mailer package must
show the name of the proposal.
SIB
SECTION II
Scope of
Proposal
-3
SIB
SCOPE OF PROPOSAL
SPECIFICA TIONS
CONTRACTOR shall furnish street sweeping services in accordance with the following specifications
A Streets to be swept are listed on Attachment "A" (3 pages), The total curb miles is approximately
eighty-seven (87) miles which will be swept at a specified frequency,
B Streets to be swept are listed on Exhibit "A", Additionally, optional parking lot locations are also
listed on the proposal form, Any sweeping performed sooner or more frequently than that specified
will not be compensated. The exact number of sweeps will be determined at the sole discretion of the
CITY. Certain streets, depending on their condition, may require additional sweeps during a twelve
(12) month time period.
C. Sweeping times shall be determined at the discretion of the CONTRACTOR, Prior to commencing
work under this agreement, CONTRACTOR shall submit a sweeping time schedule to CITY for
review and approval. CITY reserves the right to review such schedule and require modifications to
CONTRACTOR's sweeping time schedule prior to beginning service if it is determined that certain
times are disruptive to the public,
D. CONTRACTOR shall use only sweepers of industrial and municipal size with the capacity to transport
debris, All sweeper(s) used shall be equipped with a water spray system for dust control. The
equipment shall have flashing amber lights visible for a minimum of one (l) mile and mounted for
three hundred sixty (360) degree visibility and shall otherwise comply with the requirements of
chapter 316 State Uniform Traffic Control - Florida Statutes, All equipment must be in good
operating condition at all times. CITY may require CONTRACTOR to remove and replace any
equipment determined by CITY to be operating poorly, excessively noisy, dusty, or in anyway
disturbing to the public. Equipment breakdown shall not relieve CONTRACTOR from performing its
obligations under this Agreement on a timely basis.
E, CONTRACTOR shall be clearly identifiable by uniform and company identification,
F. CONTRACTOR shall maintain contact with the CITY by telephone or faxed copies through a
designated supervisor, CITY will provide a form, which CONTRACTOR and CITY will use
simultaneously to record the frequency of streets swept during the month, Failure by the
CONTRACTOR to notify CITY of streets swept on the above form may result in forfeiture of
payment.
G. CONTRACTOR shall notity CITY of any hazardous condition or material that is observed during the
sweeping operations.
H. The removal, hauling, and dumping of debris shall be the sole responsibility of CONTRACTOR. All
removal, hauling, and dumping of debris must be done in accordance with all applicable laws and
regulations. All transportation costs and tipping/disposal fees shall be the sole expense of the
CONTRACTOR. In addition, the CONTRACTOR shall report to CITY the tonnage that is
swept and disposed from the CITY on a monthly basis. FAILURE TO SUBMIT MONTHLY
DISPOSAL REPORTS WILL RESULT IN NO PA YMENT FOR THE WORK COrvtPLETED FOR
THA. T MONTH.
-4
SIB
I. It is the responsibility of the CONTRACTOR to request from the CITY, the fire hydrants or other
public water sources needed for sweeping use. The purchase of water by CONTRACTOR will be at
the established water rates in effect at the time of purchase, Such purchases shall be at the expense of
CONTRACTOR and with prior arrangements made through the Public Works Department. Should
additional locations be required to provide water, the establishment of these sources will be the
responsibility of the CONTRACTOR,
J. CONTRACTOR shall have a supervisor available at all times who may be contacted by CITY
regarding the street sweeping operation.
K. CONTRACTOR shall completely remove from the street surface or other designated area all sand,
paper, glass, litter, grass, leaves, and other associated debris to the extent identified with current
standards of sweeping excellence. Excellence in street sweeping shall be defined as clean curb lines
free of any visable debris, CITY shall be the sole judge as to the acceptablity of the cleaning
performed by the CONTRACTOR.
L. In the event a street improvement project is in progress, that portion of the cleaning cycle will be
temporarily deleted from this agreement. That section of this Agreement will be re-entered at the next
cleaning cycle following completion of the previous cycle.
M. Areas which are not cleaned in accordance with the above stated sweeping standards shall promptly be
brought to the attention of CONTRACTOR who shall re-sweep the area within t\.venty-four (24) hours
of notification, without additional cost to the CITY. CONTRACTOR shall not be paid for individual
street areas or parking lot areas if sweeping is not performed to CITY'S standards and satisfaction.
N. Payment for street sweeping shall be based upon the total number of curb miles swept. The miles
shall be calculated to the nearest one-tenth (1110) ofa mile, The Vendor must invoice the City on a
monthly basis by submitting the form listing the streets swept. This form must be attached to the
invoice of the Vendor and be approved by the Director of Public Works or his designee. Sample of
the form is attached to this Bid (Attachment "A "), Charges for sweeping are divided into three (3)
type s :
(a) Routine Schedule - Those streets listed on Attachment "A", Cost is on a cost per mile basis.
(b) Scheduled on call - Streets and areas not identified on the list ofscheduled streets. Cost shall
be paid on a cost/mile basis. Parking lots will be charged at a given price per lot, or a rate per
hour. This must be shown as a bid item for each parking lot.
(c) Emergency service - This type service shall be measured and charged on a per hour basis,
The hours will be calculated to the nearest one-quarter (l/4) hour, (15 minutes). The Vendor
will invoice emergency service on a monthly basis. This invoice will state the type of service,
area swept, hours spent sweeping, reason for request, and the person who requested the
service, Emergency service must be completed within forty-eight (48) hours after notification
by City, The minimum time for anyone emergency service call will be two (2) hours,
O. The CONTRACTOR shall submit documentation, demonstrating experience in providing street
sweeping services, A listing of previous and current contracts for the past three (3) years shall be
submitted as part of this bid (See Reference Sheet),
-5
.~ I R
P During parking lot cleaning, the cleaning of areas under or adjacent to parked cars may be
accomplished with hand held or back pack type blowers. This operation must be completed before
areas adjacent to this activity have been cleaned as to ensure this debris is picked up during the course
of cleaning the lot. Debris shall not be blown into adjacent parking lots or into the street unless these
areas are scheduled for cleaning during the course of the same work day.
Q. During parking lot cleaning operations, CONTRACTOR shall advise the Public Works Department of
any broken and/or defective bumper blocks that are in a condition, which could possibly cause damage
to motor vehicles or injury to the public, \Vhere the defective condition poses a threat of imminent
harm or is unreasonably dangerous, CONTRACTOR shall remove and dispose of the block and shall
immediately notii) the Public Works Department of the condition and the action taken by the
CONTRACTOR.
R. The cost(s) shall remain firm for the initial two (2) year contract term, Costs for any extension term
shall be subject to adjustment only if increases occur in the industry. Such increases shall not exceed
5% or, whichever is greater, the latest yearly percentage increase in the All Urban Consumers Price
Index (CPI-U) as published by the Bureau of Labor Statistics, U,S. Department of Labor. The yearly
increase or decrease, in the cpr shall be the latest index published and available ninety (90) days prior
to the end of the contract year then in effect compared to the index for the comparable month one year
prior. Any requested cost increase shall be fully documented and submitted to the CITY at lease
ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become
effective upon the anniversary date of the contract. In the event the CPI or the industry costs decline,
the CITY shall receive, from the Vendor, a reduction in costs, in accordance with the terms and
conditions for adjustments detailed above.
If during the contract period, the price of fuel is increased 10% over the price of fuel in effect at the
time the contractor submitted his bid, the Vendor may request a price increase equal to the overall cost
increase he has experienced as a direct result of the fuel cost increase, Any request for price increase
must be submitted to the participating ENTITY in writing with full documentation substantiating the
request. This request may be submitted only once during each year of the contract.
All D.O.T, rules and regulations must be followed where applicable,
CONTRACTOR shall furnish all materials, equipment, manpower and consumables in the provision of the
services and completion of the work of this Agreement.
CONTRACTOR shall not subcontract or otherwise engage subcontractors to perform the required services
without prior written consent of CITY.
Swale sweeping shall be defined as an area swept with a minimum sweeping path of eighty-four
(84) inches in width. Areas color-coded in Exhibit "A" depicts curb sweeping versus s\ovale
sweepmg,
FREQUENCY OF SER\olCE and INSPECTION of WORK
The CONTRACTOR will maintain the areas, as Specified in Exhibit "A", a total not to exceed
twelve (12) times per year (January to December),
No work shall be done on Sundays. Work maybe authorized in the case of inclement weather, on
Sundays by the Public Works Director or designee,
-6
SIB
The CONTRACTOR shall notify the Public Works Department of each time they sweep in the
CITY,
After each sweep, the CONTRACTOR will meet with a representative of the Public Works Department to
inspect the maintenance areas. If an area is found to not be in compliance (deficiency) with the specifications
set forth in this agreement, the CONTRACTOR has 48 hours, after notification from the CITY, to correct the
deficiency. Ifthe deficiency is not corrected there will be a deduction in accordance with the deduction/penalty
section on page 5.
REPORTING OF DAMAGE
Any vandalism or storm damage to right-of-way areas or to any of the trees, shrubs or objects in the rights-
of-way will be reported to the Public Works Department as soon as possible if seen by the
CONTRACTOR,
DAMAGES MADE BY CONTRACTOR
The CONTRACTOR will accept all financial liability for damages incurred to improved areas under
contract as a direct result of negligence in maintaining these areas,
DEDUCTION PENALTY
If the CONTRACTOR fails to correct any deficiencies or fails to perform a section of this agreement that
is brought to their attention within one (I) day, the CITY will deduct monies from the monthly invoice
according to the following schedule. The CITY will keep a record of the when they contact the
CONTRACTOR of any deficiencies.
I ST OFFENSE $ 100.00
2ND OFFENSE $ 200.00
3 R.D OFFENSE ~ 300.00
4 TH OFFENSE IrERMINA TION OF CONTRACT
DEDUCTION SCHEDULE
ADDITIONSIDELETIONS of MAINTENA.l\TCE AREA
At the CITY's discretion, it may add new maintenance areas, reduce the frequency of service, or discontinue
service, to this contract or request the resumption of service to a previously terminated area at any given time
during the term of the contract,
New maintenance areas to be added shall be evaluated by both the CITY and the CONTRACTOR for mutual
determination of the value per area. Upon the CITY's written request to the CONTRACTOR to add new
maintenance areas or resume service to a previously terminated area, the CONTRACTOR shall commence
maintenance to said areas within fifteen (15) calendar days,
The CITY shall give the CONTRACTOR fifteen (15) calendar days written notice prior to the deletion of a
maintenance area, Deleted areas, if/ess that the entire maintenance area, shall be evaluated by both the CITY
and the CONTRACTOR for the mutual determination of value per area.
- 7
SIB
SECTION III
Proposal Documents
"'0
~(Q)~W
PROPOSAL SUBMISSION STATEl\1ENT
City of Oakland Park
3650 NE 12rJ1 Ave.
Oakland Park, FL 33334
Submitted:
Commissioners:
The undersigned, as Proposer, here declares that the only person(s) interested in this proposal, as
principal, are named herein and that no person other than herein mentioned has any interest in
Proposer, this proposal or in the contract to be reached; that this proposal is made without
connection with any other person, company or parties making a proposal; and that it is in all
respects fair and in good faith without collusion or fraud.
The Proposer further declares that it has examined the site of the work and infonned himself
fully of all conditions concerning the place where the werk is to be done; that it has examined
the plans for the work and other contract documents relative thereto and has read all of the
addenda fwnished as acknowledged below; and that it has satisfied himself about the -work to be
performed,
The Proposer also agrees to furnish the prescribed Performance and Payment Bonds for not less
than the total price, and to furnish the required evidence of the specified insurance and to
respond to the attached questionnaire.
The Proposer will acknowledge this Proposal by signing and completing the spaces provided
below.
(If an individual, partnership or non-incorporated organization)
WITNESSES:
Signature of Proposer ~~(V(g
Inc.
~~
Sweeping Corporation
By: Donald R. Mahaffey
Vice-President
Address of Proposer
713 Melpark Drive
Nashville, TN 37204
.~ I R
Name and addresses of members of the finn:
Thomas A. Rice (President)
p. O. Box 40348
Nashville, TN 37204
(If a corporation)
Donald R. Mahaffey (Vice President)
713 Melpark Drive -
Nashville, TN 37204
~~
SignatureOfProposer:~~ f'/\.Q
. Sweeping Corporation of America, nc.
By. Donald R. Mahaffey (Vice-President)
(Name)
(Title) Vice President
Business Address: 713 Melpark Drive
Nashville, TN 37214
Incorporated under the laws of the State of Tennessee
The full names and residences of persons or fmns interested in the foregoing Proposal, as
principals, are as follows;
Donald R. Mahaffey
713 Melpark Drive
Nashville, TN 37204
Sweeping Corporation of America, Inc.
SIR
FORM OF PERFOR,\.1ANCE AND P A Yrv1ENT BOND
KNOW ALL MEN BY THESE PRESENTS
That we
as Principal, after this called Contractor, and
, as Surety, are bound to City of Oakland Park, Florida, as
Oblige, after this called City, in the amount of
Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally,
\VHEREAS, Contractor, has by written agreement entered a Contract, awarded the_day of
, with City for
which contract is by reference made a part hereof, and is from now on called the Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
1.
Performs the Contract between the Contractor and the City for construction of
being made a part of this Bond by reference, at the times and
in the manner prescribed in the Contract; and
the Contract
2. Promptly makes payments to all claimants, as defined in Section 255,05 (]), Florida Statutes,
supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in
the prosecution of the work provided for in the CONTRACT; and
3. Pays City all losses, damages, expenses, costs and attorneys fees including appellate proceedings,
that City sustains because of default by Contractor under the Contract; and
4. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, this Bond is void, Otherwise, it remains in full force,
This Bond will continue in effect for one year after completion and acceptance of the work.
The Surety hereby waives notice of and agrees that any changes in or under the Contract documents and
compliance or noncompliance with any formalities connected with the Contract or the changes do not
affect Surety's obligation under this Bond.
\Vhenever the contractor will be, and declared by City to be, in default under the Contract, the City having
performed City's obligations thereunder, the Surety may promptly remedy the default, or will promptly:
Complete the Contract according to its terms and conditions; or
-6
SIB
Obtain a Proposal or Proposals for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible Proposer, or, if the City elects. upon
determination by the City and Surety jointly of the lowest responsible Proposal, arrange for a Contract
between such Proposer and City, and make available as work progresses (even though there should be a
default or a succession of defaults under the Contract or Contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not
exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall
mean the total amount payable by City to contractor under the Contract, change orders and any
amendments thereto, less the amount properly paid by City to contractor,
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
City named herein and those persons or corporations provided for in Section 255,05, Florida Statutes, or
their heirs, executors, administrators or successors.
Any action under this Bond must be instituted in accordance with the Notice and Time Limitations
provisions prescribed in Section 255.05(2), Florida Statutes.
Signed and sealed this _ day of
W1TNESS:
(Corporate Seal)
BY:
(Signature)
IN THE PRESENCE OF:
(Typed Name and Title
INSURANCECOMYA~~:
BY:
Agent and Attorney-in-Fact
Street Address
City/State/Zip Code
Telephone Number
-7
SIB
I, , certify that I am the Secretary of the Corporation named as Principal
in the foregoing Performance and Payment Bond; that who signed the
bond on behalf of the Principal, was then
of said Corporation; that I know its signature; and its signature thereto is
genuine: and that said Bond was duly signed, sealed and attested for and in behalf of said Corporation by
authority of its governing body
as Secretary of
(Name of Corporation)
(SEAL)
ST ATE OF FLORIDA )
COlTNTY OF BROW ARD)
Before me, a Notary Public duly commissioned, qualified and acting personally appeared:
to me well known, who being by me first duly sworn upon oath says that he is the attorney-in-fact for the
and that it has been authorized by
to execute the foregoing Performance and Payment Bond on behalf of the contractor named therein in
favor of the City.
Subscribed and Sworn to before me this _ day of
Notary Public, State of Florida at Large
My Commission Expires:
Bonded by:
SWORe1\{ STATEMENT liNDER SECTION 287.133(3)(A),
- 8
SWORN STATLUENT UNDER SECTION 287.133(3)(A),
FLORIDA STATUTES, ON THE PUBLIC ENTITY CRIMES
(To be signed in the presence of a notary public or other officer authorized to administer oaths.)
STATE OF Tennessee
COUNTY Davidson
Before me, the undersigned authority, personally appeared Donal d Mahaf f e~ who, being by me
first duly swam, made the following statement:
1. Th.ebusinessaddressof 713 Melpark Drive, Nashville, TN 37204
(narneofProposer) SW~Fi:"ping Corpnr~rinn nr Arn~ric:a., Tile
2. My relationship to
~WP~"~ C~rpor~rinn ~~ Ameri~a. Tn~
(name 0 oposer) is
Vic:~ President.
(relationship such as sole proprietor, partner, president, vice president).
3. I understand that a public entity crime as defined in Section 287.133 of the Florida Statutes
includes a violation of any state or fedcrallaw by a person with respect to and directly related to
the transaction of business with any public entity in Florida or with an agency or political
subdivision of any other state or with the agency or political subdivision of any other state or with
the United States, including, but not limited to, any bid or contract for goods or services to be
provided to any public entity or any such agency or political subdivision and involYing antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
4. I understand that "convicted" or "conviction" is defined by the statue to mean a finding of guilt or
a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or
state trial court of record relating to charges brought by indictment or infonnation after July 1,
1989, as a result of a jury verdict, Donjury trial, or entry of a plea of guilty or nolo contendere.
5. I lUlderstand that "affiliate'" is defined by the statute to mean (1) a predecessor or successor of a
person or a corporation convicted of a public entity crime, or (2) and entity unch:r the control of
any natural person who is active in the management of the entity and who has been convicted of a
public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees,
members and agents who are active in the management of an affiliate, or (4) a person or
corporation who knowingly entered into a joint ventw"e with a person who has been convicted of a
public entity crime in Florida during the preceding 36' months.
6. Neither the Proposer or contractor nor any officer, director. executive, partner, shareholder,
employee member or agent who is active in the management of the Proposer or contractor nor any
affiliate of the Proposer or contractor has been convicted of a public entity crime subsequent to
July 1,1989, _YES xx NO
(please check the box that applied to paragraph 6. If answer is NO, go on and complete paragraph
SIB
7. There has been a conviction of a public entity crime by the Proposer or contractor, or. an officer,
director, executive, partner, shareholder, employee, member or agent of the Proposer or contractor
who is active in the management of the Proposer or contractor or an affiliate of the Proposer or
COIltract:or. A determination has. been made pursuant to Section 287.133(3) by order of the
Division of Administrative Hearings that it is not in the public interest for the name of the
convicted person or affiliate to appear on the convicted vendor list. The name of the convicted
person or affiliate is N J A . A copy of the order of the Division of
Administrative Hearings is attached to this statement.
Swam to and subscribed before me in the state and county first mentioned above on this 1 1 day of
Augp st. 20 -..Q 3
c(k~
Notary Pubhc Verdie Marrs
~\\\""""""I"
~'\'\'\... a.QIE M.4R, ~"'I"i
~ ~lC.".'."'..~\S' ~
~ .... ... ~
$ ." NOTARY "'. ~
'::. .-..-
~ ! PUBLIC ~ ~
~ ~x Qlf:P) : ~
-. ~ . ~
~ ... t A RGE ... ~
~ e. ~ . ~
~ 1'1.... ..~ ~
''''''~..~!!~trl,#
~,,;~COJ\"':\\'~
~111""1II11'\'\'"
.IuJx- 21. 20 Q 7
My commission expires
S\B
r- T. I ~..--.-'-- ........ ,
NON-COLL USION AFFIDAVIT
By submission of this affidavit, the Proposer certifies that this price is made independently and free from
collusion. Proposer shall disclose below, to the best of its knowledge, any City of Oakland Park officer or
c:mployee, or any spouse, son, daughter. stepson, stepdaughter, or parent of any such officer or employee,
who is an officer or director of, CJt has a material interest in. the Proposer's business who is in a position to
influence this procurement. Any City of Oakland Park officer or employee who has any input into the
writing of spe.cifications or requiremen~ solici1Bt:ion of offers, decision to award, evaluation of offers, or
any other activity pertinent to tins procurement is presumed, fCJt ptuposes hereof. to be in a position to
infiue:;uce this procurement. For purposes hereof: a person has a material interest iihe or she directly or
indirectly owns more than five percent (5%) of the total assets or capital stock of any business entity, or if
he or she otherwise stands to personally gain if the contract is awarded to this vendor.
Failure of a vendor to disclose any relationship described herein shall be reason for debarment in
accordance with the provisions of the City of Oakland Park Code of Ordirumces.
NAME
N/A
BELA TIONSHlPS
Sworn to and subscribed before me .
A11'J"c:t -,20 03
the state and county first mentioned above on this -11- day of
~,\,,,II"'''',,,,1.
~,\'\l D\E MARl' """
$~~V:........:!J' 41~
.;::. ,,- -.~...;.
~ ,.' NOTARY ... ~
- . -
~ : PUBLlC ~~.
= . . -
::; ~ AT .;-
% C.pf~@i~ ..: i
~ -. ..~ ~
~ /J.... . ""-~
~~~~~.~~~,~~
"",~:~~.\",~
"",,,", '" I""
Marrs
J'ulv.21, 2007
My commission expires
SIB
REFERENCE SHEET
AME OF GOVERNME!\:TAL
AGENCY
::::ONTACT PERSON &
PHO]\;'E NUMBER
PERIOD OF SERVICE FROM: To:
AME OF GOVERNME!\:TAL
AGENCY
CONT ACT PERSON& PHONe
PERIOD OF SERVICE FROM: To:
AME OF GOVER.'\IMENTAL
AGENCY
~, PERSON &
~ONTACT
PHONE NUMBER
PERIOD OF SERVICE FROM: To:
AME OF GOVERNMENTAL
AGENCY
r. PERSON &
r---ONTACT
PHONE NUMBER
PERIOD OF SER VICE FROM: To:
AME OF GOVERNMENTAL
AGENCY
ONTACT PERSON & PHONe
NUMBER
PERIOD OF SER VICE FROM: To:
- 12
SIR
PROPOSAL
The undersigned bidder hereby proposes to furnish all labor. materials, equipment, tools and services
necessary to perform all work under the bidding schedule and specifications for:
STREET SWEEPING SERVICES
BID # BOB1303
DESCRIPTION PER UNIT COST ANNUAL
ESTIMATED USAGE
SCHEDULED MONTHLY 87 MILES / MON11-f $ $
SWEEPING 26.00 27,144.00
EMERGENCY STREET 10 HOURS $ $
SWEEPING 75.00 r~
TOTAL COSTS $
Submitted by:
Sweeping Corporation of America, Inc_
713 Melpark Drive
Nashville, TN 37204
SIQ
CONTINGENT COST SCHEDULE
The following items are included only to establish a cost for service, should the City require sweeping
s~ces at these locations. As there is no assW'a:1lce of the use of these i~ during the conttact, these
items vvill not be considered as part of the basis of award process.
Parking Lot Sweeping (as needed basis) priced per sweep:
LOCATION ADDRESS COST
-
em HALL 3650 NE 12ili AVENUE $ s:;s:; nn
PUBLIC WORKS ADMIN. 250 NE 331m STREET $ cc ",..
----
PUBUC WORKS OPERATIONS 5100 NE 12TH TERRACE $ E;E; nn
MUNIQPAL SERVICES 3801 NE 5'1l1 AVENUE $ 55.00
..
COLLlNS COMMUNITY CENTER 3900 NE 3RD AVENUE $ "" nn
WEST FIRE STATION 210 0 NW 39111 STREET $ 55.00
PUBUC SAFE1Y BUILDING 301 NE 38ni STREET $ 55 nn
E PROSPEcr RETAIL CENTER NE PROSPECT & ANDREWS $ 55.00
W PROSPEcr RETAIL CENTER NW PROSPECT &. ANDREWS $ 55.00
STEVENS FIELD 3801 NE 61M AVENUE $ 55 00
These are estimated quantities and the City reserves the right to add or delete from this quantity based
upon the City's needs.
BIDDERS NAME:
ADDRESS:
Sweeping Corporation of America, Inc.
71~ M~'p~rk Drive
Nashville, TN 37204
.TELEPHONE #:
615-385-4422
BY:
Donalq R. Mahaffey
(PRINT NAME)
S\B
,<.A' .
CITY OF OAKLAND PARK --
V1Si.on: &&.Small Town in the Big City"
360 H.E... l21b A~. nHballll ~ Florida J3.D4
MardJ 17,2004
Robert Iohllltnne
Sweeping 0np0raEian of America
2394 - B SW i;66 TCI'l'3t'e
Davie.,.FL 33317
Dell R.obett,
Ihere is a ~ of the ~~'Q&t that is inconsistent wUb tije Bid Spccifialtiomi. Article Ill.
in the a~t. sQllc::s the teIms aDd reoawaJ period sJId that 1hc city win pay the CODttadoT
the same mtc per, mile as stared II ttu: fI3[t of the cmInK:t. The ,it}' lViII recognize fid and ,v
CPJ incrcuI::s as ssaraS in paragrapb Jl iD.1he Bid SpccificatioDs. ~
Should you have any quations. please MDbld' my office at (954) 561-6271.
Assistant Director
Public Watb ()pcDtiCJ05
. PRlNlm ON RECYCLED PN'IiR
SIB
~.d
SOlS-t9S(trSS'
sa~~~t~~n
5riJE=[], ~o 1..1 ""~W