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RECEIVED
JUL 1 3 2009"o'.tl
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 s~~rn statement ~submitted - /1 6 p --
to (~'I\.V\ ~\' ,)U Y\A,d T'S~o~ _,QACl-h.-J
~:r 1~;fc~~~::i~~~~,if'lo!~
whose business address is
'7 -:+-~ "-') ~ ~ ~ -
~,--{(~ ~ I ~L -:)3 ( d-(D
and (if applicable) its Federal Employer Identification Number (FEIN)
(, ~-O ;;)3'--\ 7 ~. l
(lfthe entity had no FEIN, include the Social Security Number of the individual signing
this swom statement:
2. I understand that a "public entity crime" as defined in Paragraph 287. I 33(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(l)(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 I, 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 tenn "af1iliate"
includes those of1icers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an af1iliate. 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
controls another person. A person who knowingly enters into a joint venture with a
person who has been convicted of a public entity en me 111 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 (I) of
tit following three (3) statements is applicable.)
~ (1) Neither the entity submitting this sworn statement, nor any of its of1icers,
directors, executives, partners, shareholders, employees, members, or agents who are active
in the management of the entity, or any af1iliate 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 onicers,
directors, executives, partners, shareholders, employees, members, or agents who are active
in the management of the entity, or any af1iliate of the entity has been charged with and
convicted of a public entity crime within the past 36 months.
_(3) The entity submitting this swom statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who arc active
in the management of the entity, or agents who are active in management of the entity, or
any aniliate 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 Of1icer 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.)
UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE
CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN
PARAGRAPH I (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
f"..EXCESS F THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,
. FLORID TATUTES FOR TI-IE CATEGORY TWO OF ANY CHANGE IN THE
I .ORMA N CONTAINED IN TI-lIS FORM.
\.
:\;\~ ~ ~tw\2Q~\f' 2-
( rinted or Typed Legal Name of Af1iant)
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Agreement was acknowledged before me t is~ day of
o tY\'Dc- GC5Y1'20 (efl , as . 'Q." '\
A~c:..J (' ASY\~\-Yu-C'+i '-~ ' a Florida corporation, on behalf of said corporation
limited partnership. I-Ie pel'sonally appeared before me and is personally kno
,2009, by
of
and
{ NOTARY SEAL}
Notary:
Print Nam !\ G 2.Q 'Q
Notary Pub 'c, Sat, 'fF orida
My Commission E pi s: J 'd/ 5 /, .1--
, I
NOTARY PUBUC-STATE OF FLORIDA
.. """'"'''' Laura A. Gonzalez
{W E Commission # DD842247
,~/i Expires: DEC. 05, 2012
JloNDED TBRU AILANTlC BONDma co.. me.
NON-COLLUSION AFFIDAVIT
ST ATE OF FLORIDA
COUNTY OF MIAMI-DADE
The undersigned being first duly sworn as provided by law, deposes, and says:
1.1. This Af1idavit 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.
authorized to make this Affidavit on behalf of:
-\-r L TifI Q. _ (Name of COI])oratiol1, Partnership,
Individual, ete.), a corporation uly organized and existing under the laws of the State of
(-='IO\ldc._ of which he is 'Dw~'\.LJ\ (Sole OIVner,
Partner, President, ete.)
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 of1icer 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, finn or corporation
named above in Paragraph 1.2 has not colluded, conspired, connived or agreed directly or
indirectly with any Proposer or person, linn 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 agrcement 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 fLuther; neithcr the undersigned, nor thc person, firm or coqJoration named above in
'ragraph 1.2, ha directly or indirectly submitted said proposal or the contents thereof: or
di Iged informa' or data relative thereto, to any association or to any member or agent
lcr f
The foregoing Agreement was acknowledged before me thisn day of .
~~~~~) (~ :L ' as I
0-~c... ClSVt.' . ( , a Florida corporation, 'on behalf of said cOlvoration
limited partnership. He personally appeared before me and is personally known to me.
, 2009, by
of
and
{NOTORIAL SEAL}
OTARYl'UBUC.sTATE OF FLORIDA
N "'"'''' Laura A, Gonzalez
l~\. Commission # DD842247
',Wl.i Expires: DEC. 05, 2012
_' nmu A'l1-AlfIlCBONDmG co.. me.
't. (,~ \"t<
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH ABC?.. CrrnS.+hlcJ;i5I1 Th~~
FOR REMOVAL, FABRICATION AND I
INSTALLATION OF STREET SIGNAGE
CONTRACT NO. f)9~O&-DI
CONTRACTOR AGREEMENT made and entered into this ~ day of
2009, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA,
lnuni pal corporation of the State of Florida, (hereinafter referred as to "City") and
Me, (lfiVlS-/v-t.Urfi iJVl, ,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 hom 174111 Street to 183nl Street and replace
them with custom street signs in conformity with the specifications outlined in RFP No. 09-
06-0 I ("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 I'ERFORMED. 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 Attaclunent "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 infonn 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 ofperfonnance by Contractor.
d, The Contractor shall promptly correct all Work rejected by the City as t~lUlty,
defective, or failing to conform to this Agreement whether observed bcfore or aftcr
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 II 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 reOected 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. 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, thc 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.
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 perfon11 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, of1icer or in any other capacity other
than as an independent Contractor other than those obligations which have been or shall have
been undeliaken 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, oflice 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 fon11 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.
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. Bcforc any work under this Agrcement is pcrformcd, and at any
time upon nquest, 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 EOUIPMENT. 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.
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 propeI1y, 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 fi'om 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 indenmity.
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 tel1ninate for cause, the City shall notify
the Contractor of its violation of the particular tel111S 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-ofT 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 011 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; 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 thc services then remaining to bc performed provided
that the Contractor is given thi11y (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 involuntmy bankruptcy or makes any assignment 101' 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 (or the Contractor. The Contractor shall remain
responsible 101' 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 changcs in the
work, including alterations, reductions or additions thereto. Upon receipt of the City's
notification of a contemplated change, the Contractor shall (I) if requested by the City,
provide an estimate 101' 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
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 Manage.', Rick Conner for approval prior to the
commencement of any work. Services performed without authol"ization by Jorge Vera,
Assistant City Manage.', or the City Manager, Rick Conner, shall be considcrcd
unauthorizcd and shall not be compcnsated/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 detel111ined 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 Conncr, with a copy to Hans
Ottinot, City Attorney, City of SUlU1Y 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 telms shall be construed and enforced in accordance with the laws of
the State of Florida, without regard to principles of conf1ict 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 VIol' the Civil Rights Act of 1984 as amended,
Title VIll 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 aflirmative 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- I 1.1, 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 con11ict in any manner or degree with the perfom1ance 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 ii'OI11 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 (I) year, unless a longer period is specified in the solicitation, from
completion of the Work, the Contractor shall, at the City's option, either re-perfonl1 such
portions of the Work to correct such fault, defect or error, at no additional cost to the City, or
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 re-performance 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 govcrn
or apply to thc 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 Agrccment all
necessary licenses, registrations, certificates, permits and other authorizations as are required
by law in order for Contractor to render the service(s) requircd 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 rclations 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 MAJEURE/INTERRUPTION. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement 111
triplicate on the day and year first written above,
WITNESSES:
k~
t<&1~" Q~ c>ofiJ
Signature
k~:0QJ3QdO
Print Name
Wl~
Signature
Le.IJVLOJrdo Ri.-~~
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
SUNNY ISLES BEACH - REMOVAL, FABRICATION, & INSTALLATION OF STREET SIGNAGE PRICE I EA
1 STOP I DOUBLE STREET $1,100.00
2 STOP I SINGLE STREET $1,150.00
Also Yield Single Street
3 DOUBLE STREET $1,150.00
4 STOP - 3 WAY $1,000.00
With 3 Way Placard
5 STOP - 4 WAY $1,000.00
With 4 Way Placard
6 STOP $900.00
7 STOP 30" I DO NOT ENTER 30" x 30" $1,100.00
BACK TO BACK
8 STOP I RIGHT TURN ONLY 30" x 36" $1,150.00
9 DO NOT ENTER 30" x 30 " $925.00
10 YIELD 30" $925.00
11 NO RIGHT TURN 24" x 24" $925.00
12 SPEED LIMIT 24" x 30" $925.00
13 NO STOPPING I NO STANDING 12" x 18" $1,000.00
WITH SHUTTLE 18" x 8"
14 NO STOPPING I NO STANDING 12" x 18" $925.00
15 NO STOPPING SCHOOL HOURS 36" x 72" $1,300.00
16 SCHOOL SYMBOL 30" Pent $900,00
17 SCHOOL SYMBOL 30" Pent WI Arrow 18" x 24" $1,125.00
18 SCHOOL SYMBOL 30" Pent WI Arrow 18" x 24" INo Right Turn 24" x 36" $1,400.00
19 NO U-TURN 24" x 24"
$925.00
20 WARNING 30"
$900,00
21 SPEED HUMP 24"
$850.00
22 NO PARKING - Left, Right or Double arrow
$850.00
23 NO PARKING Any Time 18" x 24"1 TOW AWAY 12" x 6"
$900.00
24 NO THRU TRAFFIC (WI hours) 18" x 24"
$850.00
25 NO THRU TRAFFIC (WI hours) 18" x 24" No Turn 18" x 24"
$1,050.00
26 Residential Permit Only
12" x 18"
$850.00
Lead time for all products is ninety (90) days after approved submittal.
Installation of all signs is estimated to be forty-five (45) days.
ABC Construction Inc.
SUNNY ISLES BEACH - REMOVAL, FABRICATION, & INSTAllATION OF STREET SIGNAGE
27 Miami Dade Handicap Sign 12" x 18"
28 Meters Enforced 18" x 24"
29 DIVIDED HIGHWAY R3-9B 36" x 48"
30 Speed Limit / School Hours 48" x 96"
31 City Commisioner With Single Street Name 24" x 36"
lead time for all products is ninety (90) days after approved submittal.
Installation of all signs is estimated to be forty-five (45) days.
PRICE / EA
$850.00
$875.00
$1,100.00
$1,500.00
$900.00
ABC Construction Inc.
Addendum No. 1
CITY OF SUNNY ISLES BEACH
Removal, Fabrication and Installation of Street Sign age
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 I 8Slh Street and 1921ld 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(a;sibfl.net, or fax them to 305-792-1561.
QUESTIONS AND COMMENTS FROM PROSPECTIVE BIDDERS
I. 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?
us Illt tlllit price 1'01' lIny size or sign.
2. Are we to quote a price for the entire area?
give us tile unit price pel' cnell size
d('. There llrc 217
sllch as a stop sign, a turf! !dt only
3. Is the quote to also include installation?
the l.~nmi}lde induding
and laboL
4. Will the City waive permit fees?
Yt~S He nm \vahe the fees.
HH~n' are ('ounty or State
be that ne arc not l'espiHlsihle for. if
waive trIOse.
S. Who did the installation on the existing signs?
(;!'llll!l-Plc\
6. What was the price that Graph-Plex did it for?
That "(Hlld he a puh!ie n'conls request You can t:ontact Hie City Ckrl{'s Office for
ihat information.
7. For the area around the school, are we to core drill (in sidewalks) as opposed to direct
.\[a",1ator)' Pre.Submittal Conference Q/\ 070609
Page 1 of 4
burial?
Give us a unit price I'm' a standard sign, and an addHhmal (add on) unit prier for
to placi~ it concreh:.
8. On the evaluation of the bid, will you be evaluating on unit price or lump sum total?
tnit priet', In!! it docsn 't maHer, it is the unit price thUl'S tlH~ fwmblT of signs.
9. Around the school area, do we bid on the signal devices signs, such as "School Zone"?
Lea v{' tlwse Oll t
10. Is a Bid Bond or Performance Bond required?
havc immrHlH'i' required from Ihe COUlj}~l!Q'. ('ity l\hmagl'r 'Vera
'will 'with the Department. ThtTC is uot Olle rurn:lltly requin:d hut tIH:n'
may he auaddendlllll added to include it
11. Wouldn't it be easier if you listed the signs and then they put a number next to it?
\\'e COUld do that but with your expertise oi'what \ve arc looking for, YH' don't know
UC('(:ssarily which signs rCijuin' what
12. Do we include the signs at entrances/exits onto commercial propel1ies?
No, not prh'alc signs, Only UlOse in lhe l'ight-of-wny.
13. Do we include Evacuation Signs?
\Ve arcn'l aware l we h,!\'e any. bnl include
signs.
14. Does the price include removal of existing signs?
\' CS, l he prke includes lhc removal of the rxisting
15. Do you want the old signs, and if you do, where should we deliver theIl1?
deliver them umler the \VilHam Lelumm ('ausen'll)' bridge.
16. For the criteria under No.7 (page 3), back of signs to have stickers with proposer's name, is
this FDOT styles?
"lies.
17. What is the timefraIl1e?
'rhe (.'('ulral hland Project is coming 10 nn end, and sow\' would like to start putting
t1H'S\' signs Or) hy the em! of or the b~'ghmillg of August. and 'YC nc(.'d thun up
YOll em propose II time ill your proposal am! that will be taI{(~n into aC('{Hmt as
vvell.
18. Do we have to provide shop drawings?
)'cs.
19. Will the decision be made solely on price or will you evaluate other factors?
\\'e t"i11 cvahwle otherl~lctors as wdL This ('ity tends to fO(:lIs on quality, W~: wall! n
good price, but \'H' don't \vant to pay any mon.' than \V{' haH' to. This isn't aboul
i\lanuatory Pre.Submittal Conference QA 070W9
Page 2 of 4
IHHlercutting somebody hy.l and tlH~ ljuality is half as good~we an.~ nol going to
go that n'a~" 'Ive are going 10 pay to gd whal we want to gel. VVe don't necessarily
accept the lowest bidj we accept the lowest r\.'spo!!sible and respomiive bidder.
\Ve ill.t've been posl.ing this proJect 011 Demand Sial', and if YOl! provide your email
illformation Wt Tl'ilI !;(:ud you emllils to updll it you Oil addendums 01' lIuything, hui also
l,,;ep 1m eye 011 demlUHlslllL('Om and if yo II haH'Il'! used H bdon.', if you sign 011 to tile
it mal,es you Ihink that YOl! imve to pay to gel Ollj dml is only if YOIl want to put
somdhillg OIl, it is fret.' 10 an:ess ollr infonnation. \-\'t.' will IHlt today's sign-in sheet,
iluestiolls and anS\H;rs, and addt.:lHlums on thls siH~. ke Sllre j'OU sign tile sign-in
as this is a mand.atory lueeting. If you have a lwsiness cant please drop it off to
us.
20. Are the current signs 3-feet into the ground?
\Ve are not slIre hut assume that tlit,)' wmdd
to he.
21. Is there any breakaway?
Tht,l'C are \'cry few.
22. The vinyl used, is that in the specs, and what is the time frame?
Don', know ifit is in the specs hut YO\lIH~(~d to teUus, again, that is Ihe J:"ind of we
arc inten~si{'d in, is your quaiily.
Timc is important, so put thai. ill your proposal, and understand
the (~ontTa{'t and j'OU will be i\{'Countllblt.' lillH~ limit
it
be
I ill
23. Are you going to be doing it block by block?
is np to whatevcr besl you, wejusI. lnmt
as As as job is d.OIH\ and done
job accompHshed as quickly
\H.' wHI work with you.
24. Will we get a copy of the sign-in sheet?
sign-in the aud all.s\vers 10
qm'stionshmswers ',viii be posted on Demand Star.
and any other
25. So just to recap, no bid bond, no performance bond required?
\Vt wi!! let you krHm;. 1\ pel'form1mce hOlld st.~ems nPIH'oprinit.' at
cheek with Legal I)l.:parlmcnl on
point but m.' \\ ill
26. When we put the post in, anti-spin, twisting requirements by FDOT standards?
must !Ht.:et slmHlllrds wHh Illternational Building Cork and South Florida
Hequin'!lH;!lls, '\"OH will have 10 meft all Ihl.; ('odes, we win waive the ffCS for tht
permHs, but you mllst still acquire pcnnH. You will still have 10 go through Ihe
process, you will have to get approval, it is j\lsl thai you wou't have to pay local fees,
hut again, we can't waive Slat{~ ami (\lll
27. How many copies of sign sets of shop drawings required?
i\landalnr)' Pre.Subrnillal Conference Qi\ ()7()r.o~
Page 3 of 4
is a requirement through the Building Departmenl when you apply for a penni!.
28. Is one permit required for the entire job?
you can get one permit for tiw entire job.
The mandatory Pre-Submittal Conference was concluded at 9:26 a.m.
i\lanualOry 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
City of Sunny Isles Beach
Mandatory 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, 1st Floor Meeting Room, Sunny Isles Beach, FL 33160
Mon~ay, July 6, 2009, ~:OO a.m.
Staff: V,
Guests
-- Title: Pre~l ~ u--fL
Name: jo5L(J~ (V\.e "t ~ ( ~
Company Name: C~ ~ \ ~"" \ ~ ~'"\.S
I J.l.. t1. \ Iv....,. ) t"'" 5"'-L"~ Slate: ~r Zip: JJ3 Sf
Address: S City:
Phone: ~ S"{ - ~ 7 y-- ~ ~ "{ 0 Fax: "l'>'-( - 7 cJy - 1s ~ ~mail: C. .....(J( M J ':rl} o.} €? J/..:.
Name: .=]O~ bDA2~ \8Z: Tille:7tlL---~ '/tJJ
Company Name:~~ ~\)cllDN ~V\L.
Address: 7 2tf' () jlJw ~5 .j... City, H Nvt ; Stal" ~L Z;p, .;,,~ 2.6
Phone: :?OS'6b3 -037- L. ~ U 7.2- l(03 ..::r Enov\ zj\ Iel..
Fax: oS-' Email: ~ ~ ch
A-:! C, I) vt1 . C,; C-
Name: J(;hn /2Ch(,(- J 5 Tille: 5ft ;l~/'/'f1iIiNrIo,l t
C~,.,/ /. , / Pro d'rC i ~ vi /
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Company Name: / / c1' J.., (
Address: ~dO 6.~ ~Jlt City: fvr/, /'1ydJ Stale: ft.. Zip: 339/ b
/ Entail: f l. P ;(/1 r ( I L 0. de J {JJ /..I'J~
Phone: /J( f - (,J. (- (ft;8 <J Fax: d..J'> - JY 1-8889
I
t L I ( -riXL/~A C ;/tJ
Name: , . If-x Tille:
Company Name: r~L [}AJr[;::f2 jJ~/jfS: ~,Jc.
Address: 65{; 0 IJ.}. f 0 6 'ill.! &[y~~ Slate: P-L. Zip: J J' ycY 7
Phone: C5?t} ~ 99-09 If- 9 Fax: (sro}9t9- 0959 Email: -re.x. ~ fltK.ACII f'i.UT. COIJ1
1('{,J'"\
t fI1~ l. <,,;n
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
Monday, July 6, 2009, 9:00 a.m.
Name: J~ ~f'>..{<7 Title: W~l }
Company Name: ~~.tX L7i.r-tt~
Address: 2..?v \ .}J. 2-1 M City: ~ State: ft. , Zip: ?~z...o
Phone: j9t:-q.ft.~ Fa~: ~Email: ~j~~.
Title:.Sf1-_ t;: rJ") IV\ ~\ (J ~'-
tate: f\ Zip: J :'J~.) ) 4.
Email: ~bll..J(?}
. ~\ ~.\lLuL.? ( . (J: TV')
N.~, -r"f c h rZ ~ - tz- 1: ~ TlO" }?f'<' ~ i PeN ~ -
::~:~;.z1( i1f)~~271~~y,~~J~r~:33f~D
Phone: [306,) I / 7 -1hh0Fax(::t.'Jffl/1-%)) Email: rJ '(/5 Q &Jllsou A. ye;f
Name: ~a(k1~, ?~~~ Title: vP
col;,anyName: '~<<uI- ~ I SI~(tI1aw S'Snilp'-'
Address: i1fIj) (lflIlti.l /W 1L City: C(j(v-J f-t€1f2ttL State: JC..L Zip: :5'3/r;?p
Phone: 30;-- r u 1 -a..J"! f Fax: ~ '/6]5" -cYt( c;,. ElIlail: pCO~ rflll5lj~
Name: C e ~a... '" S Q V\ G h. 'e r: Title: _0-()....5 LI\. e.,
ComllanyName: f)c:.-0 f€} V'-S'\<5~ >' --1.-I'0{, . _
Address:-.!:1.fa23. fO 'ft1 -A v-e . aJCity: _loke ~tate: f::'L- Zip: "3 346 5
Phone: })6/.... LJ 5 2. -/5J -=s Fax: 0(01 ~t//1-4>'Ir~mail: 5ale.~ !2dfJSt'.g/1sq- vel-
Name: .s ~err I' (' t3 rS (, +-h . Title: (J P -
Company Name: t3.-e ti U.j, 'h/ t ma4Jjx- t (/yYJ Pl{l/~~
Address: ;LS~Q 4lt~76~y: H~~~tate: A I Zip: .{"?6/r:;
?1lf/IR1.' . /.
Phone: :5 D S- l/03- l/ go 2. 0 Fax: 3 D )' ~ f( 0 '3- Email: CL4 Uj, KI ;J1tl/ //:?w
L i' 2..- L-r,C!.
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, 151 Floor Meeting Room, Sunny Isles Beach, FL 33160
Monday, July 6, 2009, 9:00 a.m.
Name: \\'-jc(") ~(c.o\\." Title: ~\O ~~c. ~ ~u rJvY'-tIb r
Company Name: .-(ent:;;K" E:'t'\kl' V~l V"'I.<..
Address: q;, ~ ~~ \'\\" c\- City: ~~~ W. State: ~L Zip: ~ :) C>(;O
Phone: ~ S~-lt~ ~~lQO Fax: q 5 ~- 1 ~&..(XX) 5 Email: r~l~ ~ ~-c"....~ti'r\~'~,
~j4 -.
Name: In.t{" nn' ; Title: ~ ral fiLiLl1flJlf
.... "It, r
Company Name: C<?'aJ-\Ue. ~~ Vj11Ltl -)
Address: )LI {J ~VVI.JIT( t- Dc. I) City: Jku)A {~ State: ft I Zip: 3!:IJcr J.
Phone: gl~T .;IO-,)():;J- Fax: 9ll/ ~/fj)'i/'ILj Email: ~ €!L('Uth"u<{I~€P
Name: Title:
Company Name:
Address: City: State: Zip:
Phone: Fax: Email:
Name: Title:
Company Name:
Address: City: State: Zill:
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:
CQvv-.,
...
Ifn5' WIA
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
1. PERFORMANCE BOND
I. I With the execution and delivery of the Contract, the Bidder shall furnish the following
Surety bonds of the fonns 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 Federal Bonds.
1.3 Bonds executed by an Attorney-in-Fact on behalf of the Surety, shall have affixed
thereto a certified and current copy of Power of Attorney, indicating the monetmy
limit of such power.
1.4 Qualifications: As to companies being rated acceptable:
A Performance Bond must be executed by a Surety Company of recognized
standing, authorized to do business in the State of Florida and having been in
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.
I, 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 Intercom
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 CategOlY
100,000 to 1,000,000 B++ Class V or higher
1,000,00 I to 2,000,000 A- Class VIol' higher
2,000,00 I 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.
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 Constmction Contract Date):
Amount: $
Modilications 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
(COlV. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
EJCDC No. 1910-28A (1984 Edition)
Prcpared through thc joint efforts of the Surcty Association of Amcrica, Engincers' Joint Contract Documcnts Committee, The
Associatcd Gcneral Contractors of Amcrica, Amcrican Institutc of Architects, Amcrican Subcontractors Association, and thc Associatcd
Specialty Contractors.
. I. The Contractor and the Surety, jointly and severally, bind themselves, their
heirs, executors, administrators, successors and assigns to the Owner lor the
performance orthe Construction Contract, which is incorporated herein by
re lerence.
2. I I' the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to patticipate in
conlerences as provided in Subparagraph 3.1.
3. Iftherc is no Owner Derault, the Surety's obligation under this Bond shall
arise aileI':
3.1. The Owncr has notified the Contractor and the Surety at its addrcss
dcscribed in Paragraph 10 below, that the Owner is considering
declaring a Contractor Default allll has requested and attempted to
alTange a conference with the Contractor and the Surety to be held
not later than filleen days aileI' receipt or such notice to discuss
methods of perrorming the Construction Contract. If the Owner,
the Contractor and the Surety agree, the Contractor shall be
allowed a reasonable time to per1ilrll1 the Construction Contract,
but such an agreement shall not waive the Owner's right, ir any,
subsequently to deelare a Contractor Default: and
3.2. The Owner has declared a Contractor Default and formally
telminated the Contractor's right to complete the contract. Such
Contractor DelllUlt shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagmph 3, I: and
3.3. The Owner has agreed to pay the Balance or the Contract Price to
the Surety in accordance with the terms or the Construction
Contract or to a contractor selected to perform the Constmction
Contract in accordance with the terms of the contract with the
Owner.
4. When the Owner has satisfied the conditions of Pam graph 3, the Surety
shall promptly and at the Surety's expense take one of the lollowing actions:
4.1. Ammge lor the Contmctur, with consent orthe Owner, to perform
and complete the Construction Contracl: or
4.2. Undcltake to perf 01111 and complete the Construction Contmct
itsell; 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 1'01'
performance and complction of the Construction Contract,
an-ange for a contract to be prepared for execntion by the Owner
and the contl'llctor selected with the Owner's concun-cnce, to be
secured with perfo11nance 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 or the
Contract Price inculTed by the Owner resulting from the Contractor's
delaull: or
4.4. Waive its right to perform and complete, arrange for completion,
or obtain a nell' contractor and with reasonable promptness under
the circumstanccs:
I. Aller investigation, determine the amount for which it may
be liable to the Owner and, as soon as practicable aileI' the
amount is determined, tender payment thereliJr to the Owner:
or
2. Deny liability in whole or in patt and notify the Owner citing
reasons therelilr.
5. fr Ute Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in delault on this Bond lI11een days
aileI' receipt of an additional written notice rrom the Owner to the Surety
demanding that the Surety pcrform its obligations undcr this Bond, and thc
Owner shall be entitled to enforce any remedy available to the Owner. II' 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 patt, witbout
Iruther notice the Owner shall be entitled to enlorce any remedy available to the
Owner.
6. A Iler the Owner has tel1l1inated the Contractor's right to complete the
Construction Contract, and ir 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 Contmct. and the
responsibilities of the Owner to the Surety shall not be greater Ulan those of the
Owner under the Construction Contmct. To the limit of UlC amount of this Bond,
but subject to commitment by the Owner of the Balance or the Contract Price to
mitigation of costs and damages on the Construction Contract, the Surety is
obligated without duplication for:
6.1. The responsibilities or thc Contractor lilr correction or derectivc
work and completion of the Construction Contracl:
6.2. Additional legal, design professional and delay costs resulting
from the Contractor's Delault, and rcsulting fi'om the actions or
lailure to act orthe Surety under Paragraph 4: and
6.3. Liquidated damages, or if no liquidated damages are speciried in
the Construction Contract, actual damages causcd by delayed
perlOlll1al1Ce or non-perlOl1l1anCe of the Contractor.
7. The Surety shall not be liable to the Owner or others fbr obligations or the
Contrdctor that are unrelated to the Construction Contmct, and the Balance or the
Contract Price shall not be reduced or set off on account of any such unrelated
obligations. No right or action shall accllle on this Bond to any person or entity
other than the Owner or its heirs, executors, administl'lltors, or successors.
8. The Surety hereby waives notice of any change, including changes or time,
to the ConslIuction 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 or competent jurisdiction in the location in which the work or p:ut or
the work is located and shall be instituted within two years aller Contractor
Dcf~lIIlt or within two years aller the Contractor ceascd working or within two
years aileI' the Surety refrlses or fails to perf 01111 its obligations under this Bond,
whichever occurs lirst. I I' the provisions of limitation available to sureties as a
delense 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 fumished to comply with a statutory or other
legal requirement in the location where the construction was to be perlimned,
any provision in this Bond conllicting with said statutory or legal requirement
shall be deemed deleted herelrom and pmvisions conlollning to such statutory or
other legal requirement shall be deemed incolllOrated herein. The intent is that
tbis Bond shall be construed as a statutOlY 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 Constmction Contract allcr all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner
in settlement or insurance or other elaims lor 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. Constlllction Contract: The agreement between the Owner and thc
Contractor identified on the signature page, including all Contract
Documcnts and changes thereto.
12.3. Contractor Default: Failure of the Contractor, which has neither
been rcmedied nor waived, to perfonn or othelwise to comply with
the terms or the Constlllction Contract.
12.4. Owncr Def~llIlt: Failure of the Owncr, which has neither becn
remedied nor waived, to pay thc Contractor as required by the
Constlllction ConlInet or to pcrlimu and complete or comply with
the othcr terms thcreoI:
(FOR INFORMATION ONLY-Name, Addrcss and Tclcphonc)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architcct, Engincer or other party):
EJCDC No. 191O-28A (1984 Edition)
Prepared through the joint efforts or the Surely Association of America, Engineers' Juint Contract Documents Committee, The Associated
General Contractors or America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contmctors.
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.
'I. ThEJ aluminum tubing shall be 1 inchGs and not 1 inch as pOl' section'l (4).
2 There is a 3 inch
at tho
of
(undEJrqround) to prevGnt
Palm; are ern bedded 3 feGt dGep in thG
END OF SECTION
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~)T ATE OF FLORIDA
DEPld'('J'MENT OF BUSINESS AND PROFE~~.SIONAL
HEGULJ\TION
CONSTRUCTION INDUSTRY LICENSING BOARD
J.940 NORTH MONROE STREET
TALLAHASSEE 1"1. 32399-07113
(13::;0)
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C:ONZALEZ, JORGE
ABC CONSTRUCTION INC
'72f30 N1i1 8TH E3TREET
i'CJ:J\MI 1"1. 33126 - 2 937
;'OllUlilluliltioll,;/ Willl this license you beco/llG one of tile nearly one million
IIc)fi(liilli~; licellsed by 11)8 Depmlmenl of Business ancl Professional Regulalion.
01/1' profe:;sionill~, ancl busines~;es r;:lIlge from architecls 10 yachl bl'Okers, frolll
I,ox(.n:; 10 bmlleql/o restill/mnls, ancl tlley keep floricla's economy strong.
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:,',Tl;;;';i>::,stA TE OFFLOHliM
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'i,,:\:!!i,~.i;"'PROFE(' ('lONAT
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nEG DL1\'J' I Ol.j',.':, .'.'
Every dilY we '"vork to illlprove [l1e way we clo business in orelel' 10 serve YOll belieI'.
For information ill)oul aliI' services, ple<lse laD onto www.ll1yfloridaliccllse.colll.
Them YOI/ Ciln find morc information aboul our divisions ane! the regulations thilt
impact YOli, subscribe 10 clep<lrtment newsleller's flnellearn more aLloullhe
Dnparll1lrml's iniliillives.
'" . ,CGCA6 0 03 7
07/00/00 000001952
.0111' mission ill tile Deparlment is: License r::friciently, l~egLllnle Fairly. We
''''rlslimlly ;;1 !'iI/I) 10 serve YOll beller so 111<:11 you can serve your customers.
Tnilnk YOII for c!oinD husiness in flnriclil, 8ne) congratulations on your new license!
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275127-0
rJII^'~F;:Cb(j~:.f k'titiy ~HN I NC
7280 NW 8 ST
33126 UNIN DADE COUNTY
RENEWAL
STATEU'cE'GCX20037 288215-8
U\\A'h'c CONSTRUCTl ON INC
::c'r ~V6'" GiEN'tiR'Xt DUll DING CONTRACTOR
WORKER/S
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ABC CONSTRUCTION INC
JOIWE GONZALEZ
7280 NW 8 ST
MIAMI FL 33126
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