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REQUEST FOR
PROPOSALS
RFP No. 09-06-01
REMOVAL, F ABRICA TION AND
INSTALLATION OF STREET
SIGNAGE
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
TABLE OF CONTENTS
RFP NO. 09-06-01
Pu blic Notice....................................................................................................................... ................................. 1
Section 1.1 Introd uction .............................................................................................................................. ........3
Section 1.2 Background and Job Specifications................................................................................................3
Section 1.3 -Submittal Requirements ............. ....... ......... ............... .......... ............. ......... ............ ....... ....... .......... 4
Section 1.4 - Submission Date and Mandatory Pre-RFP Submission Conference........................................4
Section 1.5 - Additional Information or Clarification ..................................................................................... 5
Section 1.6 - Selection, Award, and Protest Procedures ..................................................................................5
Section 1.7 - Contract Execution .......................................................................................................................6
Section 1.8 - Instructions....... ............................ ......... ..... ................................ ........................ ......... ........ ...........6
Section 1.9 - Changes/Alterations..................... .............. ........................................................ ....... ......... ...........6
Section 1.10 - Discrepancies, Errors, and Omissions ....................................................................................... 6
Section 1.11 - Disqualifications.................................. ................................................. .............. ..... ....... .............7
Section 1.12 - Submission Receipt .....................................................................................................................7
Section 1.13 - Capital Expenditures .................................................................................................................. 7
Section 1.14 - Hold Harmless and Indemnification.......................................................................................... 7
Section 1.15 - Reservation of Rights... ..... ............. ......... ................. ............... ............ ............. ....... .................... 8
Section 1.16 - Additional Information.. ................ ....... .......................... ..... ............. ....... .......... ....... ............... ... 8
Section 1.17 - Exhibit. ..................... ..... .................. ....... ................... ..... ......................... ............ ....... ............. .....9
Public Entity Crime Affidavit (Attachment "A") ............................................................................................. 10
Non-Collusive Affidavit (Attachment "B") .......... ....... ....... ............ ............... ..... ... ....... .............. ....... ......... ....... 13
Agreement between City and Successful Proposer (Attachment "C") ...........................................................15
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the CITY OF SUNNY ISLES BEACH is seeking
proposals to remove approximately 217 existing street sign units west of Collins Avenue,
from N.W. 174th Street to N.W. 183rd Street and replace them with custom street sign units.
Interested firm/individuals ("Proposer (s)") may pick-up a copy of Request for Proposals
("RFP") No. 09-06-01 to be issued on Thursday, June 25, 2009 at Sunny Isles Beach
Government Center, 18070 Collins Avenue, City Clerk's Office, Fourth Floor, Sunny Isles
Beach, Florida, 33160. The RFP contains detailed and specific information about the scope
of services, Submission requirements and selection procedures. The RFP package will also
be available on Demand Star at www.demandstar.com.
One (1) original, four (4) copies of the completed and executed Submissions must be
delivered to the following address no later than Monday, July 13,2009 at 9:00 a.m.:
Sunny Isles Beach Government Center
18070 Collins Avenue, City Clerk
First Floor Meeting Room
Sunny Isles Beach, Florida, 33160
The City reserves the right to accept or not accept late submitted bids in the sole discretion of
the City Manager or his designee.
The envelope containing the sealed Submission must be clearly marked as follows:
"SEALED BID"
RFP NO. 09-06-01 REMOVAL, FABRICATION AND INSTALLATION OF STREET
SIGNAGE OPENING DATE AND TIME: Monday, July 13,2009 at 9:00 a.m.
A mandatory Pre-RFP Submission Conference is scheduled for Monday, July 6, 2009 at
9:00 a.m. at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First
Floor Meeting Room, Sunny Isles Beach, Florida. All Proposers planning to submit
Submissions are required to attend this meeting. Proposers should allow sufficient time to
ensure arrival prior to the indicated time, those arriving after the discussion has begun will
not be considered to be in attendance. Submissions from those who have failed to attend will
not be accepted.
The City of Sunny Isles Beach (the "City") intends to enter into an agreement with the
successful Proposer to remove approximately 217 existing street signs west of Collins
Avenue from N.W. 174th Street to N.W. 183rd Street. The successful Proposer shall replace
the approximately 217 existing street signs with custom street signs.
The contract will be awarded by the City to the Proposer whose proposal best serves the
interests of, and represents the best value to, the City in accordance with the criteria set forth
in Section 62-8 of the City Code.
The City reserves the right to reject any or all proposals, with or without cause, to waive
technical errors and informalities, and to accept the proposal which best serves the interest of
the City.
Any questions regarding RFP No. 09-06-01 are to be directed in writing to Rick Conner, City
Manager, at the following address: 18070 Collins Ave., Fourth Floor, Sunny Isles Beach,
Florida 33160. Alternatively, any questions may be sent via email to:rconner@sibfl.net.
Any questions or clarifications concerning the proposal specifications must be received by
Rick Conner, City Manager, at least seven (7) business days prior to the date of the proposal
openmg.
For further information, please contact Jorge L. Vera, Assistant City Manager, at 305-792-
1928.
Jane A. Hines, CMC, City Clerk
City of Sunny Isles Beach
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CITY OF SUNNY ISLES BEACH, FLORIDA
REQUEST FOR PROPOSAL NO. 09-06-01
REMOV AL, FABRICATION AND INSTALLATION OF STREET SIGNAGE
1.1 INTRODUCTION
Pursuant to Chapter 62 of the City Code, the City of Sunny Isles Beach, Florida, (the "City")
a municipality located in Miami-Dade County, Florida, requests qualified Proposers
("Proposers") to submit proposals to remove approximately 217 existing street signs west of
Collins Avenue from N.W. 174th Street to N.W. 183rd Street. The contract will be awarded
by the City to the Proposer whose proposal best serves the interests of, and represents the
best value to, the City in accordance with the criteria set forth in Section 62-8 of the City
Code.
1.2 BACKGROUND AND .JOB SPECIFICATIONS
The City of Sunny Isles Beach is located between the Atlantic Ocean and the Intracoastal
Waterway on the East and West and 193rd Street on the North and Haulover Beach Park on
the South. Our City standards stress a high quality of redevelopment with a focus on creating
visual corridors to the ocean, with access to the ocean as well as redevelopment of Sunny
Isles Boulevard and Collins A venue with a focus on protecting the environment, providing
landscaping and developing aesthetically attractive structures. The City of Sunny Isles
Beach has adopted by Ordinance No. 2000-105 a Comprehensive Plan emphasizing aesthetic
issues and the City is in the process of developing our land development regulations.
The City is seeking a Proposer to remove approximately 217 existing street signs west of
Collins Avenue from N.W. 174th Street to N.W. 183rd Street and replace them with custom
street sign units, similar in size and appearance to the street signs located in the Golden
Shores Neighborhood, i.e. the area west of Collins A venue between 185th Street and 191 st
Street. The following specifications may be used for comparison purposes:
1. 4" square aluminum posts (.125" wall);
2. ball caps;
3. 1" flat reveals;
4. where street sign blades are required, blades will be fabricated from .125"
thick aluminum, 1" aluminum tubing, flat plates and ball ends;
5. copy to be reflective white vinyl with decorative blue and white vinyl for the
wave pattern design located above the street name;
6. all aluminum components to be powder coated black; and
7. back of all signs to have stickers with the Proposer's name, phone number and
contact information should a sign be damaged and/or defaced.
Notwithstanding the above sample specifications, each Proposer is invited to submit their
own specifications for custom street signage.
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1.3 SUBMITT AL REQUIREMENTS
All submittals by Proposers shall contain no more than fifteen (15) pages specifically
addressing the following issues. All other required documentation (except for 8 and 9
below) will not be considered a part of the fifteen (15) pages. Any Proposer wishing to
provide the services described in Sections 1.1 and 1.2 above must submit one (1) original
and four (4) additional complete copies that include, at a minimum, the following
documentation:
1. Name, address and company, including, but not limited to, a business overview,
financial state of the business, annual revenue for past two years, and names and
addresses of persons having financial interest in the firm.
2. Provide a narrative description of current and previous experience for the past five (5)
years in street sign removal, fabrication and installation, as well as a corresponding
list of client references with contact names and telephone numbers.
3. Provide a detailed cost proposal which shall include all costs associated with removal
of the existing street signs, as well as the fabrication and installation of the
replacement signs for the existing street signs west of Collins Avenue from N.W.
174th Street to N.W. 183rd Street. Cost shall be provided on a unit price basis.
4. Provide a specific task oriented timeline for the removal, fabrication and installation
of the replacement signs for the existing street signs west of Collins A venue from
N.W. 174th Street to N.W. 183rd Street.
5. Proof of authorization to transact business in Florida from the Florida Secretary of
State, from the prime as well as supporting firms.
6. The name, title, qualifications, experience, and all contact information of the
proposed contact person.
7. A listing of the proposed personnel to be assigned to this Project, including their
qualifications, professional licensure and experience.
8. Sworn statement pursuant to Section 287. 133(3)(A), Florida Statutes, on Public
Entity Crime, a copy of which is attached hereto.
9. Non-collusive and Public Entity Crime Affidavits, copIes of which are attached
hereto as Attachments "A" and "B".
1.4 SUBMISSION DATE AND MANDATORY PRE-RFP SUBMISSION
CONFERENCE
Submittals must be received by the City Clerk's Office no later than 9:00 a.m. on Monday,
July 13, 2009, at the Sunny Isles Beach Government Center, Attn: City Clerk, First Floor
Conference Room, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. One (1) original,
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and four (4) copies of the completed and executed Submission must be delivered by this
deadline. Submittals will be opened publicly and read aloud at this time. The City reserves
the right to accept or not accept late submitted bids based on the sole discretion of the City
Manager or his designee.
The envelope containing the sealed Submission must be clearly marked as follows:
"SEALED BID"
RFP#09-06-01 REMOVAL, FABRICATION AND INSTALLATION OF STREET
SIGNAGE
OPENING DATE AND TIl\1E: Monday. July 13.2009 at 9:00 a.m.
A mandatory Pre-RFP Submission Conference is scheduled for Monday, July 6, 2009
at 9:00 a.m., at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First
Floor Conference Room, Sunny Isles Beach, Florida. All Proposers planning to submit a
Submission are required to attend this meeting. Proposers should allow sufficient time to
ensure arrival prior to the indicated time, those arriving after the discussion has begun
will not be considered to be in attendance. Submittals from those who have failed to
attend will not be accepted.
1.5 ADDITIONAL INFORMATION OR CLARIFICATION
Requests for additional information or clarifications must be made in writing and received by
the City Manger specified in the Public Notice Section of this RFP, in accordance with the
deadline for receipt of questions also specified in the Public Notice Section of this RFP. The
request for additional information and clarification must contain the RFP number and title,
Proposer's name, name of Proposer's contact person, address, phone number, and facsimile
number.
Electronic facsimile requesting additional information must be received by Rick Conner, City
Manager, for this RFP at the fax number (305) 792-1561. Facsimiles must have a cover
sheet which includes, at a minimum, the Proposer's name, name of Proposer's contact
person, address, number of pages transmitted, phone number, facsimile number, and RFP
number and title.
The City will issue responses to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the Submission deadline. Proposers should not
rely on any representations, statements or explanations other than those made in this RFP or
in any written addendum to this RFP. Where there appears to be conflict between the RFP
and any addenda issued, the last addendum issued shall prevail.
1.6 SELECTION. AWARD. AND PROTEST PROCEDURES
The City will select the Proposer the City determines to be the lowest responsible and
responsive Proposer whose proposal best serves the interests of and represents the best value
to the City based on the criteria set forth in Section 62:8 of the City Code. The City will act,
at its sole discretion, in what it considers to be in the best interest of the City. The City will
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evaluate the comparable experience, capability, project management, workload, financial
strength, and other factors the City deems pertinent and will select the Proposer that it deems
to be most qualified. The City will be the sole judge in determining the most qualified firm
in accordance with the criteria set forth in Section 62-8 of the City Code.
Any protests or objections to the City's Request for Proposals and/or the selection of the
selected Proposer must be submitted in writing in accordance with Section 62-15 of the City
Code. If the City and selected Proposer are unable to negotiate a mutually acceptable
contract, the City may terminate the contract negotiations and begin negotiations with the
other qualified firms. This process may continue until a contract has been executed or all
Submissions have been rejected. No Proposer shall have any rights in the subject project or
against the City arising from such negotiations.
1.7 CONTRACT EXECUTION
A contract will be negotiated and executed between the selected Proposer and the City in
substantially the same form as Attachment "Coo. The successful operation of this contract
requires that the selected Proposer act in good faith in all matters relating to carrying out the
project and the interpretation of the contract documents.
1.8 INSTRUCTIONS
Careful attention must be given to all requested items contained in this RFP. Proposers are
invited to submit Submissions in accordance with the requirements of this RFP. PLEASE
READ THE ENTIRE SOLICITATION BEFORE SUBMITTING A SUBMITTAL.
Proposers shall make the necessary entry in all blanks provided for the responses.
The entire set of documents, together with all attachments hereto, constitutes the RFP. Each
Proposer must return these documents with all information necessary for the City to properly
analyze the response in total and in the same order in which it was issued. Proposer's notes,
exceptions, and comments may be rendered on an attachment, provided the same format of
this RFP text is followed. All responses to this RFP shall be returned in a sealed envelope or
package with the RFP number and opening date clearly noted on the outside of the envelope.
Proposers must provide a response to each requirement of the RFP. Responses should be
prepared in a concise manner with an emphasis on completeness and clarity.
1.9 CHANGES/ALTERATIONS
Proposers may change or withdraw a response at anytime prior to the submission deadline;
however, no oral modifications will be allowed. Written modifications shall not be allowed
following the submission deadline.
1.10 DISCREPANCIES. ERRORS. AND OMISSIONS
Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported
in writing to the City Manager or his designee. Should it be necessary, a written addendum
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will be incorporated to the RFP. The City will NOT be responsible for any oral instructions,
clarifications, or other communications.
1.11 DISQUALIFICATION
The City reserves the right to disqualify responses before or after the submission deadline,
upon evidence of collusion with intent to defraud or other illegal practices on the part of the
Proposer. The City also reserves the right to waive any immaterial defect or informality in
any responses to this RFP; to reject any or all responses in whole or in part; or to reissue an
RFP for the services described herein.
1.12 SUBMISSION RECEIPT
Sealed responses will be accepted in accordance with the instructions detailed on the cover of
this RFP. The Proposer shall file all documents necessary to support its response and shall
include them with its Submission. Each Proposer shall be responsible for the actual delivery
of responses during business hours to the exact address indicated in this RFP. The City
reserves the right to accept or not accept late submitted bids in the sole discretion of the City
Manager or his designee.
1.13 CAPIT AL EXPENDITURES
The selected Proposer understands that any capital expenditures that the selected Proposer
makes, in order to perform the services required in this RFP is a business risk. The City,
however, is not and shall not payor reimburse any capital expenditures or any other
expenses, incurred by any Proposer, in anticipation neither of a contract award nor to
maintain the approved status of the selected Proposer if a contract is awarded.
1.14 HOLD HARMLESS AND INDEMNIFICATION
All Proposers shall hold the City, its officials and employees harmless and covenant not to
sue the City, its officials and employees in reference to their decisions to reject, award, or not
award a RFP, as applicable.
Additionally, the selected Proposer shall indemnify and save harmless the City, its officers,
agents and employees, from or on account of any injuries or damages, received or sustained
by any person or persons during or on account of any operations connected with the
construction of this Project, or by or in consequence of any negligence (excluding the sole
negligence of City), in connection with the same; or by use of any improper materials or by
or on account of any act or omission of the said selected Proposer or his Sub-Proposer,
agents, servants or employees. The selected Proposer will indemnify, defend and hold
harmless the City and their agents or employees from and against all claims, damages, losses
and expenses including attorneys' fees arising out of or resulting from the performance of the
work described in the RFP, provided that any such claim damage, loss or expense (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than work itself) including the loss of use resulting wherefrom and
(b) is caused in whole or in part by any negligent act or omission of the selected Proposer,
Sub-Proposer, anyone directly or indirectly employed by any of them or anyone for whose
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acts any of them may be liable, regardless of whether or not it is caused by a party
indemnified hereunder. In the event that a court of competent jurisdiction determines that
Sec. 725.06 (2), F.S. is applicable to this Project, then in lieu of the above provisions of this
section the parties agree that selected Proposer shall indemnify, defend and hold harmless the
City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S.,
which statutory provisions shall be deemed to be incorporated herein by reference as if fully
set forth herein. In the event that any action or proceeding is brought against City by reason
of any such claim or demand, the selected Proposer, upon written notice from City shall
defend such action or proceeding by counsel satisfactory to City. The indemnification
provided above shall obligate selected Proposer to defend at its own expense or to provide
for such defense, at City's option, any and all claims of liability and all suits and actions of
every name and description that may be brought against City, excluding only those which
allege that the injuries arose out of the sole negligence of City, which may result from the
operations and activities described in this RFP whether the construction operations be
performed by selected Proposer, its Sub-Proposers, or by anyone directly or indirectly
employed by either.
1.15 RESERVATION OF RIGHTS
While pursuing this RFP process, the City reserves the right to:
· Accept any or all responses, and the right, in its sole discretion, to accept the Proposer
who will best serve the interests of, and represent the best value to, the City in
conformity with the criteria set forth in Section 62-8 of the City Code.
· Reject any and all qualifications and to seek new qualifications when such a
procedure is reasonably in the best interest of the City.
· Investigate the financial capability, integrity, experience, and quality of performance
of each Proposer, including officers, principals, senior management, and supervisors,
as well as staff identified in the response to RFP.
· Investigate the Proposer's qualifications or any of its agents, as it deems appropriate
· Conduct personal interviews of any or all Proposers prior to selection (the City shall
not be liable for any costs incurred by the Proposer(s) in connection with such
interviews).
· Waive any of the conditions or criteria set forth in this RFP.
· The City reserves the right on any advertised selection process to decide whether to
select a firm based on submission received in response to this RFP or whether to hold
interviews with the firms the City deems best qualified for the Project.
1.16 ADDITIONAL INFORMATION
· The Submission must clearly be marked on the front of the envelope: "SEALED BID"
RFP #09-06-01 REMOVAL, FABRICATION AND INSTALLATION OF STREET
SIGNAGE OPENING DATE AND TIME: Monday, July 13,2009 at 9:00 a.m.
· Questions regarding this RFP must be directed, no later than seven (7) calendar days
before the opening of the RFP, to:
8
Rick Conner
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 792-1928
Email: rconner@sibfl.net
· Responses to this RFP must be delivered by the stated deadline to:
Attn: Jane A. Hines, CMC
City Clerk
Sunny Isles Beach Government Center
18070 Collins Avenue
First Floor Conference Room
Sunny Isles Beach, FL 33160
· The opening of the Submissions will be in the First Floor Conference Room, 18070
Collins A venue, Sunny Isles Beach, Florida 33160 at the stated time.
· Submissions will be opened publicly and read aloud at this time.
· The City is under no obligation to return the Submissions.
· The City will not be liable for any cost incurred in the preparation of the response to
RFP.
· The Submissions shall be prima facie evidence that the Proposer has full knowledge
of the scope, nature, quantity and quality of work to be performed; the detailed
requirements of the specifications; and the conditions under which the work is to be
performed.
· The Proposers shall furnish the City with such additional information as the City may
reasonably require.
· Under no circumstance should any prospective Proposer or anyone acting on their
behalf, seek to influence or to gain the support of any member of the City
Commission or City Staff favorable to the interest of the prospective Proposer.
Likewise, contact with the City Commission or City Staff against the interest of other
prospective Proposers is prohibited. Any such activities may result in the exclusion
of the prospective Proposer from consideration by the City.
1.17 EXHIBITS
The Exhibits to this RFP are as follows:
Exhibit "A" Public Entity Crime Affidavit
Exhibit "B" Non-Collusive Affidavit
Exhibit "C" Agreement
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SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted
to
by
for
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN)
(If the entity had no FEIN, include the Social Security Number of the individual signing
this sworn statement:
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including, but not limited
to, any bid or contract for goods or services to be provided to any public entity or an
agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287. 133(1)(b),
Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, nonjury trial, or entry of a plea of guilty or nolo contenders.
4. I understand that an "affiliate" as defined in Paragraph 287. 133(1)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity come. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market
value under an arm's length agreement, shall be a prima facie case that one person
10
controls another person. A person who knowingly enters into a joint venture with a
person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287. 133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding contract and which bids or applies to
bid on contracts for the provision of goods or services let by a public entity, or which
otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of any entity.
6. Based on information and belief, the statement which I have marked below is true in a
relation to the entity submitting this sworn statement. (Please indicate which one (1) of
the following three (3) statements is applicable.)
_ (1) Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are active
in the management of the entity, or any affiliate of the entity has been charged with and
convicted of a public entity crime within the past 36 months.
_(2) The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are active
in the management of the entity, or any affiliate of the entity has been charged with and
convicted of a public entity crime within the past 36 months.
_(3) The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are active
in the management of the entity, or agents who are active in management of the entity, or
any affiliate of the entity has been charged with and convicted of a public entity crime
within the past 36 months. However, there has been a subsequent proceeding before a
Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final
Order by the Hearing Officer determined that it was not in the public interest to place the
entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of
the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE
CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN
PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT
THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO,
WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED
TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN
EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,
FLORIDA STATUTES FOR THE CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
SIGNATURE OF AFFIANT
(Printed or Typed Legal Name of Affiant)
11
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Agreement was acknowledged before me this_ day of ,2009, by
,~ ~
, a Florida corporation, on behalf of said corporation and
limited partnership. He personally appeared before me and is personally known to me.
{NOTARY SEAL}
Notary:
Print Name
Notary Public, State of Florida
My Commission Expires:
12
NON-COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The undersigned being first duly sworn as provided by law, deposes, and says:
1.1. This Affidavit is made with the knowledge and intent that it is to be filed with the
City of Sunny Isles Beach City Commission and that it will be relied upon by said City, in
any consideration which may give to and any action it may take with respect to this proposal.
1.2. The undersigned IS authorized to make this Affidavit on behalf of,
(Name of Corporation, Partnership,
Individual, etc.), a corporation duly organized and existing under the laws of the State of
of which he is (Sole Owner,
Partner, President, etc.)
1.3. Neither the undersigned nor any person, firm, or corporation named in above
Paragraph 1.2, nor anyone else to the knowledge of the undersigned, have themselves
solicited or employed anyone else to solicit favorable action for this proposal by the City,
also that no head of any department or employee therein, or any officer of the City of Sunny
Isles Beach, Florida is directly interested therein.
1.4. This proposal is genuine and not collusive or a sham; the person, firm or corporation
named above in Paragraph 1.2 has not colluded, conspired, connived or agreed directly or
indirectly with any Proposer or person, firm or corporation, to put in a sham proposal, or that
such person, firm or corporation, shall refrain from Proposing, and has not in any manner,
directly or indirectly, sought by agreement or collusion, or communication or conference
with any person, firm or corporation, to fix the prices of said proposal or proposals of any
other Proposer; and all statements contained in the proposal or proposals described above
true; and further; neither the undersigned, nor the person, firm or corporation named above in
Paragraph 1.2, has directly or indirectly submitted said proposal or the contents thereof, or
divulged information or data relative thereto, to any association or to any member or agent
thereof.
AFFIANT'S NAME
AFFIANT'S TITLE
13
The foregoing Agreement was acknowledged before me this_ day of , 2009, by
,~ ~
, a Florida corporation, on behalf of said corporation and
limited partnership. He personally appeared before me and is personally known to me.
{ NOTORIAL SEAL}
Notary:
Print Name:
Notary Public, State of Florida
My Commission Expires:
14
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH
FOR REMOVAL, F ABRICA TION AND
INSTALLATION OF STREET SIGNAGE
CONTRACT NO.
THIS CONTRACTOR AGREEMENT made and entered into this _ day of
2009, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA,
a municipal corporation of the State of Florida, (hereinafter referred as to "City") and
,a Florida corporation, authorized to do business in the State of
Florida, (hereinafter referred to as "Contractor").
WHEREAS, the City wishes to employ Contractor to remove approximately 217
existing street signs west of Collins Avenue from N.W. l74th Street to N.W. 183rd Street and
replace them with custom street signs in conformity with the specifications outlined in RFP
No. 09-06-01 ("Services"); and
WHEREAS, the Contractor was selected as the lowest responsible, responsive bidder
in response to RFP No. 09-06-01; and
WHEREAS, the Contractor is qualified, willing and able to provide the desired
Services on the terms and conditions set forth herein.
NOW THEREFORE, 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 required Services
in compliance with the terms and conditions of this Agreement.
a. Contractor agrees to furnish all labor and materials in a good and workmanlike and
professional manner, to perform the work designated in Attachment "A" attached
hereto (the "Work"), which is incorporated herein by reference.
b. The services described in Attachment "A" shall be performed by Contractor to the
full satisfaction of the City. Contractor agrees to immediately inform the City via
telephone and in writing of any problems that could cause damage to Property and
persons at the Property.
c. Contractor will require its employees to perform their work in a manner befitting the
type and scope of work to be performed. In the event that the Contractor fails to
complete performance pursuant to the terms of this contract and City must undertake
the completion of performance of services, Contractor agrees to indemnify the City
for all costs incurred with respect to the completion of those services and any
damages the City may suffer as a result of the failure of performance by Contractor.
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d. The Contractor shall promptly correct all Work rejected by the City as faulty,
defective, or failing to conform to this Agreement whether observed before or after
substantial completion of the Work, and whether or not fabricated, installed or
completed. The Contractor shall bear all costs of correcting such rejected Work.
3. ADDITIONAL SERVICES. If the need for additional work or changes under this
Agreement is identified by Contractor during the course of performing its obligations
hereunder, Contractor shall set forth such additional work and the cost thereof in a
supplemental work order (a "Supplemental Work Order") and submit such Supplemental
Work Order for approval by the City. No such additional work shall be done or paid for
without the specific prior written approval of the City.
4. TERM. This Agreement shall be for a term of , beginning
, and ending , unless terminated sooner pursuant to
paragraph 11 of this Agreement. Services shall commence upon execution by both parties
and the issuance of a Notice to Proceed. Any change in fee, terms or conditions shall be
accomplished by written amendment to this Agreement and approval by the City.
5. COMPENSATION. Payment to Contractor for all charges and tasks under this
Agreement shall not exceed a total amount of $ in accordance
with this Agreement and the schedule of charges reflected in Exhibit "A". This fee to the
Contractor shall be disbursed on a monthly basis accompanied by itemized invoices and
under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this
contract.
b. Payment Schedule. Invoices received for services rendered in conformity
with the Agreement 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. A vail ability 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
final/last 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.
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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.
6. 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 re-bid the project if the Contractor fails to perform under this Agreement due to the
undisclosed conditions.
7. INDEPENDENT CONTRACTOR RELATIONSHIP. 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.
8. 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 liabilities caused by Contractor, its agents, sub- Contractors or employees, as
indicated below:
o 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 minimum limits of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate.
o Worker's Compensation, as required by law, but with no less than $1,000,000
for Employer's Liability.
o Business Automobile Liability which shall include coverage for all owned,
non-owned and hired vehicles for minimum limits of not less than One
Million Dollars ($1,000,000) per occurrence, One Million Dollars
($1,000,000) per accident for bodily injury and Five Hundred Thousand
Dollars ($500,000) per accident for property damage.
Insurance required of the Contractor shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City.
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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 with a minimum A.M. Best
rating of A-Excellent. Before any work under this Agreement is performed, and at any
time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately 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.
9. 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.
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10. INDEMNIFICATION. Contractor agrees to indemnify, defend 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 personnel entity acting under
Contractor's control in connection 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.
11. TERMINATION.
a. Termination for Default. 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 5 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.
111. 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;
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3. Transfer all work in process, completed work
and other materials related to the terminated
work to the City; and
4. Continue and complete all parts of that work
that have not been terminated.
b. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed provided
that the Contractor is given 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.
12. 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.
13. TIME OF COMPLETION. The services to be rendered by the Contractor shall be
commenced upon execution of this contract and shall be completed by
. 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 or acts of God which
render the performance of the Contractor's duty impracticable.
14. 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.
15. 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.
16. COORDINATION OF SERVICES. The City's representative/liaison during the
performance of this Agreement shall be Jorge Vera, Assistant City Manager whose phone
number is (305) 792-1912. Contractor shall not respond to requests for services under this
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Agreement unless the request is received directly from Jorge Vera, Assistant City
Manager, or his designated personnel. Any requests received from other City
departments/divisions shall be referred to Jorge Vera first for approval or if Jorge Vera is
unavailable, then to the City Manager, Rick Conner for approval prior to the
commencement of any work. Services performed without authorization by Jorge Vera,
Assistant City Manager, or the City Manager, Rick Conner, shall be considered
unauthorized and shall not be compensated/paid by the City.
17. 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 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.
18. 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.
19. 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 City Manager, Rick Conner, 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,
20. 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, in the State of Florida.
21. 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.
22. 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,
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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, 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 U.S.c. 708), which prohibits discrimination against the handicapped in any Federally
assisted program.
23. 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.
24. CONFLICTING PROVISIONS. The terms and conditions in this agreement
supersede any other conflicting provisions that are contained in any other document.
25. PATENTS AND COPYRIGHTS. The Contractor shall pay all royalties and
assume all costs arising from the use of any invention, design, process, materials, equipment,
product or device in performance of the Work, which is the subject of patent rights or
copyrights. Contractor shall, at its own expense, hold harmless, indemnify and defend the
City against any claim, suit or proceedings brought against the City which is based upon a
claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under this
Agreement, constitutes an infringement of any patent or copyright of the United States. The
Contractor shall pay all damages, costs and attorney's fees awarded against the City.
26. WARRANTY. The Contractor warrants that the Work including equipment and
materials provided shall conform to professional standards of care and practice in effect at
the time the Work is performed, be of the highest quality, and be free from all faults, defects
or errors. The Contractor further warrants that all equipment and materials provided shall be
new. If the Contractor is notified in writing of a fault, deficiency or error in the Work
provided within one (1) year, unless a longer period is specified in the solicitation, from
completion of the Work, the Contractor shall, at the City's option, either reperform such
portions of the Work to correct such fault, defect or error, at no additional cost to the City, or
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refund to the City, the charge paid by the City, which is attributable to such portions of the
faulty, defective or erroneous Work, including the costs for reperformance of the work
provided by other Contractors.
27. 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.
f. The terms and conditions of this Agreement shall prevail over any contrary or
inconsistent terms in any other documents.
26. FORCE MATEUREIINTERRUPTION. Neither party shall be liable for any
failure to perform any of its obligations under this Agreement (except payment obligations)
due to unforeseen circumstances or causes beyond the party's reasonable control, including
without limitation, acts of God, riot, embargoes, acts of governmental authorities, fire,
earthquake, flood, accident, strikes, or inability to secure transmission facilities ("Force
Majeure").
27. ENTIRE AGREEMENT. This Agreement, and Attachment Exhibit "A," which is
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.
28. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
WITNESSES:
COMPANY
Signature
Print Name
BY:
Name & Title
WITNESSES:
Signature
Print Name
ATTEST:
CITY OF SUNNY ISLES BEACH
BY:
Jane A. Hines, CMC, City Clerk
BY:
Norman S. Edelcup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Hans Ottinot, City Attorney
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.'
Addendum NO.1
CITY OF SUNNY ISLES BEACH
Removal, Fabrication and Installation of Street Signage
CITY RFP NO. 09-06-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Mandatory Pre-RFP Submittal Conference Summary Minutes
Monday, July 6,2009 at 9:00 a.m.
RFP No. 09-06-01, Removal, Fabrication and Installation of Street Signs
City Clerk Jane Hines opened the Conference, and Assistant City Manager/Services Jorge Vera
welcomed everyone and introduced City Manager Rick Conner. He gave an overview of the project
noting that there are about 217 existing signs and he asked for a unit price for a sign. This is for the
Golden Shores neighborhood which is the area between 185th Street and 192nd Street, and west of
Collins Avenue as well. The font style that we have is highway.
The deadline for submission of Request for Proposals documents is Monday, July 13, 2009, at 9:00
a.m., at which time those sealed responses will be publicly opened. Any additional questions are
required to be in writing and may be submitted up to five (5) days before the opening (at the close of
business, Thursday, July 9, 2009), which will be answered and placed on Demand Star. You may
email them to Jorge Vera, Assistant City Manager, at ivera@sibfl.net, or fax them to 305-792-1561.
QUESTIONS AND COMMENTS FROM PROSPECTIVE BIDDERS
1. When you say per unit do you mean per the entire unit? How do we know, for instance if
there is a right turn only sign, do you want a separate price for that?
Yes. Give us the unit price for any size of sign.
2. Are we to quote a price for the entire area?
No, give us the unit price per each size sign, such as a stop sign, a turn left only sign,
etc. There are approximately 217 signs.
3. Is the quote to also include installation?
Yes, the complete package including post, sign, and labor.
4. Will the City waive permit fees?
Yes we will waive the City fees. There may be fees that we are not responsible for, if
there are County fees or State fees, we can't waive those.
5. Who did the installation on the existing signs?
Graph-Plex Sign age.
6. What was the price that Graph-Plex did it for?
That would be a public records request. You can contact the City Clerk's Office for
that information.
7. For the area around the school, are we to core drill (in sidewalks) as opposed to direct
f\landatory Pre-Submittal Conference QA 070609
Page 1 of 4
burial?
Give us a unit price for a standard sign, and an additional (add on) unit price for
having to place it in concrete.
8. On the evaluation of the bid, will you be evaluating on unit price or lump sum total?
Unit price, but it doesn't matter, it is the unit price times the number of signs.
9. Around the school area, do we bid on the signal devices signs, such as "School Zone"?
Leave those out.
10. Is a Bid Bond or Performance Bond required?
We have liability insurance required from the company. Assistant City Manager Vera
will speak with the Legal Department. There is not one currently required but there
may be an addendum added to include it.
11. Wouldn't it be easier if you listed the signs and then they put a number next to it?
We could do that but with your expertise of what we are looking for, we don't know
necessarily which signs require what.
12. Do we include the signs at entrances/exits onto commercial properties?
No, not private signs. Only those in the right-of-way.
13. Do we include Evacuation Signs?
We aren't aware that we have any, but include any existing signs.
14. Does the price include removal of existing signs?
Yes, the price includes the removal of the existing sign.
15. Do you want the old signs, and if you do, where should we deliver them?
Yes, deliver them under the William Lehman Causeway bridge.
16. For the criteria under No.7 (page 3), back of signs to have stickers with proposer's name, is
this FOOT styles?
Yes.
17. What is the time frame?
The Central Island Project is coming to an end, and so we would like to start putting
these signs up by the end of July or the beginning of August, and we need them up
ASAP. You can propose a time in your proposal and that will be taken into account as
well.
18. Do we have to provide shop drawings?
Yes.
19. Will the decision be made solely on price or will you evaluate other factors?
We will evaluate other factors as well. This City tends to focus on quality, we want a
good price, but we don't want to pay any more than we have to. This isn't about
Mandatory Pre-Submittal Conference QA 070609
Page 2 of 4
undercutting somebody by a penny and the quality is half as good, we are not going to
go that way, we are going to pay to get what we want to get. We don't necessarily
accept the lowest bid, we accept the lowest responsible and responsive bidder.
We have been posting this project on Demand Star, and if you provide your email
information we will send you emails to update you on addendums or anything, but also
keep an eye on demandstar.com and if you haven't used it before, if you sign on to the
site, it makes you think that you have to pay to get on, that is only if you want to put
something on, it is free to access our information. We will put today's sign-in sheet,
questions and answers, and addendums on this site. Make sure you sign the sign-in
sheet as this is a mandatory meeting. If you have a business card, please drop it off to
us.
20. Are the current signs 3-feet into the ground?
We are not sure but assume that they would have to be.
21. Is there any breakaway?
There are very few.
22. The vinyl used, is that in the specs, and what is the time frame?
Don't know if it is in the specs but you need to tell us, again, that is the kind of thing we
are interested in, what is your quality.
Time is important, so put that in your proposal, and understand that it will be put in
the contract and you will be accountable for the time limit.
23. Are you going to be doing it block by block?
That is up to you, whatever best suits you, we just want the job accomplished as quickly
as possible. As long as the job is done, and done with quality, we will work with you.
24. Will we get a copy of the sign-in sheet?
The sign-in sheet, the questions and answers to today's meeting, and any other
questions/answers will be posted on Demand Star.
25. So just to recap, no bid bond, no performance bond required?
We will let you know. A performance bond seems appropriate at this point but we will
check with the Legal Department on that.
26. When we put the post in, anti-spin, twisting requirements by FDOT standards?
Yes, must meet standards with International Building Code and South Florida
Requirements. You will have to meet all the codes, we will waive the fees for the
permits, but you must still acquire the permit. You will still have to go through the
process, you will have to get approval, it is just that you won't have to pay local fees,
but again, we can't waive State and County fees.
27. How many copies of sign sets of shop drawings required?
Mandatnry Pre-Submittal Cnnference QA 070609
Page 3 of 4
This is a requirement through the Building Department when you apply for a permit.
28. Is one permit required for the entire job?
Yes, you can get one permit for the entire job.
The mandatory Pre-Submittal Conference was concluded at 9:26 a.m.
Mandatory Pre-Submittal Conference QA 070609
Page 4 of 4
\
.,
Addendum NO.2
CITY OF SUNNY ISLES BEACH
Removal, Fabrication and Installation of Street Signage
CITY RFP NO. 09-06-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
~
Citv of Sunnv Isles Beach
Mandatory Pre-RFP Submission Conference Sign-In Sheet
Request for Proposals No. 09-06-01
For Removal, Fabrication and Installation of Street Sign age
18070 Collins Avenue, 1st Floor Meeting Room, Sunny Isles Beach, FL 33160
Mon ay, July 6, 2009, 9:00 a.m.
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Staff:
Guests
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Name: :).aSe(Jl-t (V\.e."" ~ ( s:
Company Name: (~f' \ 4-~ \ ~ ~""\ S
Address: /,)..J..J. \ N"" 5) ~ City: J"'t-Lrt,..t. State: I=-r Zip:)]) Sf
Phone: -1 S'-( - ~ 7 y- '1 ~ ~ 0 Fax: , ~'-( - 7 ()'f - 15 ~ ~mail: C......P, M J -9"1.,5 O.) €? Jt....
Name: .=10~ bcv\ lP>c.le z; Title:7Ul.:> -lbJJ
Company Name:~"'f::c. ~\)cliON :t-V\C.
Address: 7 2!i' () fJuJ ~s. -J-, City: H jJ-rvf ; S...., 'Pc. Z1P're?~ U:,
2; as -66.3 -03 -z.. L. Fax: '?JOr- - 7.b 7.2.. C(a.3 ..:::r E:nor1 z.A z..,
Phone: Email: ~C ~ J1 1
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Address: ~dc 6.~ JlJ JI ~ City: for / /1ye./J State: F/... Zip: JJ 9 / I:,
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Phone: B ( .J - IF,l ( - 8' if 8 9 Fax: <<3'> - 33 '1-9889 Email: ft:.P};f?,r(, Ll>- IcJ(!J ~~
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Name: b-, L. ~,f.k( liX LI ~A Title: CYtJ
Company Name: (~L. ~tUrl3:f2 fJ~/JfS: 1i,JC
Address: 6 5~ 0 fJ.J, f 0 6 f/LJ S[y~Le:;j-tDJJ State: F-c Zip: ? 5 'fR 7
Phone: (~~) ~ 99-09 'f9 Fax: (sc,j9l9- 0959 EmaU: rLX.~ f,4lAC/liWr. Co",!
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Pre-RFP Submission Conference Sign-In Sheet
Request for Proposals No. 09-06-01
for Removal, Fabrication, and Installation of Street Signage
18070 Collins Avenue, I" Floor Meeting Room, Sunny Isles Beach, FL 33160
Monday, July 6, 2009, 9:00 a.m.
Name: J~ ~ fA 17 Title:' i ~
CompaoyN_, ~~~~~ir'l~
""""'" Vm \ ,j. 2-1 M mY' . ~ s"",, tt. z;p, 3~U'
Phone: 1~~.~ Fax:~Emai1:~
Name: N (j
Company Name: C- t <.. (',u tJ
Address: "370 I ~~ ~ I ~."j\
Phone: ~ ~\- ~ T1 -'7..A: ~ ~
Title: :; r<. ~ ("J) M ,,1 0 It
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Name:
Name, ~~ TlO" vr
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Address: UfI) ~vrriLM.( City: turDJ ~/)I.I J State: ~ Zip: ~/a.p
Phone: 3,y; - r f..t 1 -J..81 t( Fax: 3;!;"- '6)!" -ort( (, Email: €j1Jt!aW{ rtH>JjU ~~
Name: C e ~a ,. Sex V\ (, h. 'e r. Title: O()....j LI\. er
Company Name: ~-0 fl3 V"--d.) \ O~ ) ....1-tvr ,
Address: 402- 5 fO 'ft1 -A v-e . UCity: Lake ~tate: j::'L Zip: :3 346 5
Phone: 5)6/.... 432 -(5):S Fax: 5(01 ~6L/1,,~:ll'lfr.mail: <;::J.le'7~{JSi.9/)sq-, u.d-
Name:
Address:
Pre-RFP Submission Conference Sign-In Sheet
Request for Proposals No. 09-06-01
for Removal, Fabrication, and Installation of Street Sign age
18070 Collins Avenue, I" Floor Meeting Room, Sunny Isles Beach, FL 33160
Monday, July 6, 2009, 9:00 a.m.
Name: \\~c.1"\ ~(C.j \ ." Title: ~,(;) Se<:- ~ ~otJ~tr
Company Name: -(ene>r b\.crVf-"~\, 111"'\....
Address: <t. ~ ~'-\J \\.\,'-' C~ City: ~State: ~L Zip: ~ ~ 0(,0
Phone: q S~-I~~-t\bO Fax: q 5 ~- 1 ~&..(O.) 5 Email: r~t.'" ~ ~,<--"'ti'n.~,~.
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Address: )1.-10 f.nMVVIJ,r(~ Dr. (J. City: jkyu lL State: ft.. Zip: ;q;q ~
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Name: Title:
Company Name:
Address: City: State: Zip:
Phone: Fax: Email:
Name: Title:
Company Name:
Address: City: State: Zip:
Phone: Fax: Email:
Name: Title:
Company Name:
Address: City: State: Zip:
Phone: Fax: Email:
Name: Title:
Company Name:
Address: City: State: Zip:
Phone: Fax: Email:
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Addendum No.3
CITY OF SUNNY ISLES BEACH
Removal, Fabrication and Installation of Street Signage
CITY RFP NO. 09-06-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
I
~.
1. PERFORMANCE BOND
1.1 With the execution and delivery of the Contract, the Bidder shall furnish the following
Surety bonds of the forms contained herein:
a. Performance Bond guaranteeing full and faithful execution of the Work
in an amount equal to 100 percent of the Contract Sum, and including
guaranteed repair and maintenance of all defects due to faulty materials
and workmanship that appear within one year after completion of contract.
1.2 Bonds shall be executed by Surety authorized to do business in the State of
Florida and listed on the latest U.S. Treasury Department list of companies holding
certificates of authority as acceptable sureties on Fedcral Bonds.
1.3 Bonds executed by an Attorncy-in-Fact on behalf of the Surety, shall have affixed
thereto a certified and current copy of Power of Attorney, indicating the monetary
limit of such power.
1.4 Qualifications: As to companies being rated acceptable:
A Performance Bond must be cxecuted by a Surety Company of recognized
standing, authorized to do business in the State of Florida and having been III
business with a record of successful continuous operation for at least (5) years.
In addition to the above - minimum qualifications, the Surety Company must meet
the following additional qualifications.
1. The City will accept a surety bond from a company with a rating of B++ or
better for bonds up to $1 million, provided, however, that if any Surety
Company appears on the watch list that is published quarterly by Intcrcom
of the Office of the Florida Insurance Commissioner, the City shall review
and either accept or reject the Surety Company based on the financial
information available to the City. A Surety Company that is rejected by
the City may be substituted by the bidder or proposer with a surety
company acceptable to the City, only if the bid amount does not increase.
a. The Surety Company shall have at least the following minimum ratings:
Amount of Bond Policyholder's Rating Financial Size Category
100,000 to 1,000,000 B++ Class V or higher
1,000,001 to 2,000,000 A- Class VI or higher
2,000,001 to 5,000,000 A Class VII or higher
b. All Surety Companies are subject to review and approval by the Owner and
may be rejected without cause. All bonds signed by an Agency must be
accompanied by a certificate of authority to act.
1.5 The Surety Company shall submit verification from the Department of Insurance Office of
the Treasurer stating the surety company's license and certificate of authorization to do business in
the State of Florida.
I
Construction Performance Bond
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
EJCDC No. 191 0-28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The
Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated
Specialty Contractors.
I. The Contractor and the Surety, jointly and severally. bind themselves, their
heirs, executors, administrators, successors and assigns to the Owner for the
performance of the Construction Contract, which is incorporated herein by
reference.
2. If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.1.
3. If there is no Owner Default, the Surety's obligation under this Bond shall
arise after:
3.1. The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below, that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held
not later than fifteen days after receipt of such notice to discuss
methods of performing the Construction Contract. I f the Owner,
the Contractor and the Surety agree, the Contractor shall be
allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any,
subsequently to declare a Contractor Default: and
3.2. The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1: and
3.3. The Owner has agreed to pay the Balance of the Contract Price to
the Surety in accordance with the terms of the Construction
Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the contract with the
Owner.
4. When the Owner has satisfied the conditions of Paragraph 3, the Surety
shall promptly and at the Surety's expense take one of the following actions:
4.1. Arrange for the Contractor, with consent of the Owner, to perform
and complete the Construction Contract: or
4.2. Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors: or
4.3. Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,
arrange for a contract to be prepared for execution by the Owner
and the contractor selected with the Owner's concurrence, to be
secured with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 6 in excess of the Balance of the
Contract Price incurred by the Owner resulting from the Contractor's
default: or
4.4. Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under
the circumstances:
I. After investigation, determine the amount for which it may
be liable to the Owner and, as soon as practicable after the
amount is determined, tender payment therefor to the Owner:
or
2. Deny liability in whole or in part and notifY the Owner citing
reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifteen days
after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the
Owner shall be entitled to enforce any remedy available to the Owner. If the
Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in whole or in part, without
further notice the Owner shall be entitled to enforce any remedy available to the
Owner.
6. After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph 4.1,
4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the amount of this Bond.
but subject to commitment by the Owner of the Balance of the Contract Price to
mitigation of costs and damages on the Construction Contract, the Surety is
obligated without duplication for:
6. I. The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract:
6.2. Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Paragraph 4: and
6.3. Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the
Contractor that are unrelated to the Construction Contract, and the Balance of the
Contract Price shall not be reduced or set off on account of any such unrelated
obligations. No right of action shall accrue on this Bond to any person or entity
other than the Owner or its heirs, executors, administrators, or successors.
8. The Surety hereby waives notice of any change, including changes of time,
to the Construction Contract or to related subcontracts, purchase orders and other
obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in
any court of competent jurisdiction in the location in which the work or part of
the work is located and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased working or within two
years after the Surety refuses or fails to perform its obligations under this Bond,
whichever occurs first. If the provisions of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
II. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed,
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted here from and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not as a common law bond.
12. Definitions.
12.1. Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner
in settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments
made to or on behalf of the Contractor under the Construction
Contract.
12.2. Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3. Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply with
the terms of the Construction Contract.
12.4. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
EJCDC No. 191O-28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors.
Addendum No.4
CITY OF SUNNY ISLES BEACH
Removal, Fabrication and Installation of Street Signage
CITY RFQ NO. 09-06-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
1. The aluminum tubing shall be 1.5 inches and not 1 inch as per section 1.2 (4).
2. There is a 3 inch angle at the base of the sign (underground) to prevent twisting.
3. Poles are embedded 3 feet deep in the ground.
END OF SECTION