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Resolution No CRA 46-18-1087RESOLUTION NO. CRA-46-^ 8-1 087 A Resolution authorizing the Agency Executive Director negotiate and enter into a contract with Graphplex Signs and piggybacking off of a City of Weston contract to purchase a new sign for the Marshall Williamson Business and Community Service facility; authorizing an expenditure not to exceed $4,400; authorizing the Agency to seek a variance for sign height; urging approval of the variance; and selecting a sign design. WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) redevelopment plan directs the Agency to provide economic and business development opportunities in the SMCRA area; and WHEREAS, to facilitate these objectives, the Agency established the SMCRA Business and Community Service facility and other complimentary small business programs; and WHEREAS, the SMCRA facility has a "landscape sign" that is in disrepair and is too short to be seen from the street due to on-street parking; and WHEREAS, the SMCRA has a desire to obtain a new sign by piggybacking off the same competitively bid City of Weston contract that the City of South Miami (City) piggybacked onto for street signs; and WHEREAS, the Agency would like its "landscape sign" to be higher than four feet and it would need a variance from the City's sign code since "landscape signs" are limited to four feet in height; and WHEREAS, the SMCRA board will also need the approval of the Environmental Review and Planning Board (ERPB); and WHEREAS, the SMCRA Board desires to fulfill the goals and objectives of the adopted redevelopment plan including economic and business development opportunities in the SMCRA area. NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The South Miami Community Redevelopment Agency authorizes its Executive Director to enter into a contract with GraphPlex Signs for an amount not to Resolution No. CRA 45-13-1087 exceed $4,400 for a landscape sign; and charging the total expenditure to Account No. 610-11-10-583-31-25 (Property Expenditures). Section 2. The Executive Director is authorized to seek a variance for the height of the sign and the SMCRA Board urges approval of the variance from the City Commission and approval of the sign from the ERPB. Section 3. The SMCRA Board approves of Design A in the attachments to this resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this JOJ^l^ay of December, 2018. ATTEST:APPROVED: SECRBTA CHAIRPERSON READ AN VED AS TO FORM: ALCOUNSEL Board Vote: 6-1 Chair Stoddard: Yea Vice Chair Harris Member Welsh: Yea Member Liebman: Yea Member Gil Yea Member Kelly: Yea Member Jackson: Agenda (tern No:2. South Miami Community Redevelopment Agency Agenda Item Report Meeting Date: December 10, 2018 Submitted by: Evan Fancher Submitting Department: Community Redevelopment Agency Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the Agency to piggyback off a City of Weston Contract with Graphplex to purchase a new sign for the Marshall Williamson Business and Community Service facility; authorizing an expenditure not to exceed $4,400; authorizing the Agency to seek a variance for sign height; urging approval of the variance; and selecting a sign design. Suggested Action: Attachments: Sign Memo.pdf Sign_Resolution ^4_.doc New South Miami Business & Community Sign.pdf CRA Piggyback Contract with GraphPlex Signage.pdf SMCRA "Mukiiti Bill u Cn-ol Itas to Inc. IVfcrt oiiJ Pk.y' CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY OFFICE OF THE DIRECTOR INTER-OFFICE MEMORANDUM To: From: Date: Subject: Background: The Honorable Chairman & Members of the SMCRA Board Evan Rancher, Director December 10, 2018 Agenda Item No.:. A Resolution authorizing the Agency to piggyback off a City of Weston Contract with Graphplex to purchase a new sign for the Marshall Williamson Business and Community Service facility; authorizing an expenditure not to exceed $4,400; authorizing the Agency to seek a variance for sign height; urging approval of the variance; and selecting a sign design. In the South Miami CRA plan, the Marshall Williamson Condominium Association Building, MCA building, is contemplated several times. It is referred to as a micro-business incubator. In a couple of passages, it is referred to as an incubator facility with four bays being used for non profit and/or social service agencies and lease space for for-profit businesses. In 2018, the SMCRA board has decided to take a number of steps in the direction of this vision. It started the year by ensuring that the SMCRA was incubating a locally owned barbershop after the passing of Rodney Williams. Next, it invited a social service provider an opportunity to present their vision for what they could do if given a long-term lease with the agency. Finally, the SMCRA board approved money for a market study of the building. Staff has determined that the building needs a new sign. The City of Weston competitively solicited a contract for new signage in its city. The City of South Miami piggybacks off this contract for street signs. The SMCRA would also like to piggyback off this contract to procure a new sign. The current sign is rusted and cannot be seen from the street due to the on-street parking. Section 20-4.3 of the City of South Miami sign regulations state that "the landscape sign shall not exceed four (4) feet in height from grade, nor twenty (20) square feet in area." In order for the sign to be seen from the street, we need a variance to make the sign higher so as to be seen on the street. In an effort to continue to beautify the City and provide a nicer more functional Small Business Incubator, staff has worked with M2E LLC and SMCRA "^Mviinyou/HaqhboituxxloCnolfhaitoL^t!, IW** aidPhf' CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY OFFICE OF THE DIREaOR INTER-OFFICE MEMORANDUM Graphplex to come up with a beautiflcation outline that builds upon the additional investments approved in the 2018-2019 SMCRA budget. Attached to this item are three designs for new signage at the building and pictures of the current signage. Recommendation: Staff recommends approval of design A. OPT ON A ©CRA Monument Location Scale: 1/8"=r BUSINESS & COMMUNITY SERVICE FACILITY 5825 SW 68TH STREET SoutlrMu^riii SIGN TO BE REMOVED IPMS 294 00 ©CRA Monument Scale: 3/4"=r ' GRAPHPLEX ^ S I GN S S«c*> DeS'Cfl b l/dnuiacturB .va v . : • ;i3D Nciti. :ith Teiiace • Po iTwsati. r:oi>o« 33C:& CLIENT; City of South Miami PROJECT: Business & Community Service FaciEty Sign ADDRESS: 1 1 ifpsnvrn is siiRUinr n bv d4TF 1 1 APMBVFD/lSWOtrDBY DATF DRAWN BY:AlishaC. SALES: Jack Gervais THt!i ORlCltiUL DRAWmr. (Oft COPTi IS FOR YOUR COMStDlRATIOK FOR APROJICI WI AR£ PROPOStNG FOR YOU. fT IS MOT 10 Bt COPIFD *IM FULL OR PART) OR OOUBfTtO TO ANYOMC OUTStDC YOUR ORGAMCATIOM l^tTHOUl WRITTIN PUUAISSIOM FROM CRAPHPIFX SIGNS SIGN TYPE QUflNIIIY DATE: 9/20/2018(11/7)(11/1 A| FILENAME; City of South Miaml^New South Miaitii Business B Community Signxilr PAGE#; 1 OPTION B 50 1/2" CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BUSINESS & COMMUNITY SERVICE FACILITY 5825 SW 68TH STREET CRA Monument Scale: 3/4"=r CRA Monument Location Scale: 1/8"=r SIGN TO BE REMOVED BEHR PAINT COLOR Thermal s440-7° © ' CRAPHPLEX c 1 /- KI r 95* 9?0 0S05SIGNS 9i i n ■.9 Stp Oes-gr & .v. T')-U-; 2130 Natik :its Uiiact • Hg irwote. ri»iio» 33C20 CLIENT: City of South Miami PROJECT: Business h Community Service Facility Sign ADDRESS: 1 1 appunvfi) AS siisMinro by batf 1 1 APPBD-^PD AS WOTFP BY BATf DRAWN BY: AlishaC. SALES: Jack Gervais m% OIUGtTAAl OKAWtftfO {Oft COPY} IS FOP YOUR COMStDCRATION FOR A PROJtCT WE ARE PROPOSmC FOR YOU. fl IS NOT TD BE COPIED (W TUU. on PARTJ OK CXHIBITEO TO ANYONE OUTSIDE YOUR OKQANCATION VmKOUT Y/RITILN PLRF.tlSSlUN FROM GRAHIPLLX SIGNS. SIGN TYPE: QUANXnY DATE: 9/20/201B|11/7)(11/14) FILENAME: City of South Miami/New South Miami Business & Community Sigmcdr PAGE#: 2 OPTION 0 e@mi!INI#'REI3iVEk^K4fiNf^ ) iSiwilw sfeWiMiiSitSitREeii ©CRA Monument Sea e: 3/4"=r ©CRA Monument Location Scale: 1/8"=r SIGN TO BE REMOVED BEHR PAINT COLOR H Cactus Blooms M230-4'' ' GRAPHPLEX ^ S I GN S Sign Dm'QP 6 M«ftuiaclufi •.•• •■ t » rii90 Msrtk rtth T»(u:« • MoL)i»6ee. T^pna* 33CCD CLIENT; City of South Miami PROJECT; Business h Community Service Facility Sign ADDRESS; Q APPRDVfDASsuaiJinfDay datf 1 1 SPPROVFB AS tJOTf D BY DATF DRAWN BY; AlishaC. SALES; Jack Gervais This ORtGUUl CKAWim; (OR CORY; tS FOR YOUR OONStOERATlOV FOR A PftOOlCT YV€ ARt RftOROSCf^G FOP. YOU. n IS t40T ID BE COPIED (IN ruu on PART) OK EXKtBirtO TO AmONE OUTSIDE YOUfl OKCAFlIZAnON WITHOUT WRITTEN PiRMtSSION FRDFiY GKAPHPIEX SIGNS. SIGN TYPE QUANTITY DATE: 9/20/2018(11/71(11/141 FILENAME: City of South Miami^ew South Miami Business 0 Community Sign.cdr PAGE#: 3 CONTRACT FOR SIGNAGE THIS AGREEMENT was made and entered into this day of , 20 by and between the South Miami Community Redevelopment Agency, by and through it Executive Director (hereinafter referred to as "Agency") and Graphplex Signs, (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the City of Weston solicited bids pursuant to REP NO. 2009-03, for a sign replacement program; and WHEREAS, the City of Weston, after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the South Miami Community Redevelopment Agency desires to utilize the City of Weston Contract with Contractor; and WHEREAS, the Agency is authorized to piggyback off contracts, such as the contract in question between City of Weston and Contractor, that were entered into in accordance with a solicitation process that is at least as vigorous as that of the South Miami Community Redevelopment Agency; and NOW, THEREFORE, the Agency and the Contractor, each through their authorized representative/official, agree as follows: 1. The Agency desires to enter into a Contract, under the same provisions as set forth in the contract between City of Weston and Contractor pursuant to RFP NO. 2009-03 and which is attached as Attachment C, as modified by this Agreement. . 2. The Agency has reviewed the contract between City of Weston and Contractor and agrees to the provisions of that contract which shall be applicable to a purchase order to be issued by the Agency and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such goods and/or services, pursuant to the Agency's purchase order made during the term of this Agreement, under the same price(s), terms and conditions as found in the RFP NO. 2009-03 solicitation documents, the response to the solicitation, and the Agreement/Contract and/or the Award, copies of the main documents are attached hereto as Attachment A and made a part hereof by reference. 3. All references in the contract between City of Weston and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the South Miami Community Redevelopment Agency. All decisions that are to be made on behalf of City of Weston, as set forth in the contract between City of Weston and the Contractor, shall all be made by the Agency Executive Director for the South Miami Community Redevelopment Agency. Notwithstanding anything contained in the City of Weston RFP NO. 2009-03 and and/or the contract between City of Weston and the Contractor to the contrary, this Agreement shall be Thomas F. Pepe - 01-11-16 Page 1 of 4 governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida. 4. Term. The term of the contract, including all extensions authorized by the contract shall not exceed five years. 5. Scope of Goods and Services. The scope of goods and/or services (which may hereinafter be referred to as the "Work") are set forth in the attached Attachment A and any attachments thereto and the Agency's purchase order, the latter of which shall take precedence. The Contractor has agreed to deliver the goods, if any, and perform the services, if any, in a workman like manner and in accordance with all state, county and City laws, at the locations, if any, designated by the Agency. All of the gOods and/or services reflected in Attachment A shall, unless otherwise stated in the Attachment A or B, be delivered and/or commenced within days from the date of the execution of this Agreement. The Contractor shall obtain and pay for all permits required for the services rendered, if any. 6. Contract Price. The contract price for the good and/or services is set forth in the attached Attachment B. If not otherwise set forth in the contract between City of Weston and the Contractor, the Contractor shall be paid upon delivery of all the goods, if any, the completion of all the services, if any, and after final inspection and approval, by the Agency, that approves of the goods delivered, if any, and the services performed, if any. 7. Precedence. The term, provisions and conditions of this Agreement shall take precedence over the terms of the contract between Contractor and City of Weston. 8. Grant Funding: This project is being funded by and Contractor agrees to comply with all the requirements of that Grant, applicable to the delivery of the goods and/or services that are the subject of this Agreement, and that are within its power to provide and to provide all the documentation within its control that is required for the Agency to be able to recover as much of the contract price that is available pursuant to the terms of the grant. A copy of the grant, if any, is attached hereto and made a part hereof by reference. 9. Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.l 19.0701) while providing goods and/or services on behalf of the AGENCY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the Thomas F. Pepe - 01-11-16 Page 2 of 4 10 public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npavne@southmiamifl«gov; 6130 Sunset Drive, South Miami, FL 33143. 10. Waiver Jury Trial: Agency and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 11. Notices: Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the AGENCY, a copy must be stamped with the official AGENCY receipt stamp showing the date of delivery, otherwise the document shall not be considered to have been hand delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To AGENCY: Evan Fancher 5825 SW 68th Street Suite 4, Office 400 South Miami. Florida 33143 Tel: 305-668-7236 Fax: 305-668-7356 E-mail: efancher@southmiamifl.gov With copies to: Thomas Pepe General Counsel 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamitTgov 12. Validity of Executed Copies: This Agreement may be executed in several Thomas F. Pepe -01-11-16 Page 3 of 4 counterparts, each of which may be construed as an original. 13. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 14. Indemnification: Notwithstanding anything contained in the contract between Contractor and City of Weston to the contrary, the Agency does not waive its sovereign immunity granted by Florida Statutes, Section 768.28, and the Agency's tort liability shall be limited to the waiver of sovereign immunity provided for in Section 768.28. 15. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials on or before the day and year first above written. GRAPHPLEX SIGNS By: (type name and title of signatory above) ATTEST: SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By: By: Nkenga Payne, CMC Evan Fancher CRA Secretary Executive Director Read and Approved as to Form, Language, Legality and Execution Thereof. By: Thomas F. Pepe General Counsel Thomas F. Pepc - 01-11-16 .^2 Page 4 of 4 ATTACHMENT A & B ^ GRAPHPLEX SIGNS 2830 North 28th Terrace Hollywood, FL 33020 State License: EC 13004975 Proposal Date Estimate # 10/22/2018 30247 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 SMCRA Sign NOTE: Piggyback per City of Weston RTF # 2009-03. Agreement extended through December 2019. Project Location: 5825 SW 68th Street, South Miami, FL 33143 GraphPlex will remove and dispose of the existing sign. Pricing includes presentation to ERPB but fees for ERPB from the City of South Miami to be billed net. GraphPlex will fabricate and install ONE aluminum constructed/welded double face sign. Sign consists of 4" posts with bases, flat caps and full color digital prints. The Permit Acquisition Fee is INCLUDED in this Proposal. This fee includes: signed and sealed engineering drawings. Notice of Commencement, oversized copies, permit facilitation, Certificate of Liability Insurance (Additional Insureds), Certificate of Completion (if required), etc. NOTE: Once the Building Department calculates the fees when the approved permit is picked up, we will charge the NET Cost of the Permit at cost to you. That fee is NOT included in our total price to you at this time. 4,410.00 Subtotal Sales Tax (7.0%) Phone # 9549200905 EMAIL: jack@graphplex.com Fax # 954-239-6872 Page 1 Total 13 GRAPHPLEX SIGNS Proposal 2830 North 28th Terrace Hollywood, FL 33020 State License: ECl 3004975 Date 10/22/2018 Estimate # 30247 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Thank you for providing GraphPlex the opportunity to produce your sign. TERMS: 50% deposit. Balance due within 15 days of installation. TIMING: Approximately 25 BUSINESS DAYS from Building Department approval. RUSH FEE: If the timing above does not meet your requirements, a RUSH FEE will be added, IF sign(s) can be manufactured in the time frame requested. Additional Terms: 1.5% per month (18% per annum) finance charge will be added to all past due accounts. Please pay promptly to avoid finance charges. All credit card payments will be charged an additional 3% convenience fee. All signs will remain the sole property of GraphPlex until full payment is received. GraphPlex retains the right to remove its property from customer's premises if payment is refused. Subtotal 54,410.00 Sales Tax (7.0%) SO.OO Phone # 9549200905 EMAIL: jack@graphplex.com Fax # 954-239-6872 Total 54.410.00 14 Page 2 o CD OPTION A City of South Miami Community Redevelopment Agency BUSINESS & COMMUNITY SERVICE FACILITY 5825 SW 68TH STREET .. .. MIAMI-hojln'iViidnii ©CRA Monument Location Scale: 1/8"=r SIGN TO BE REMOVED IPMS 294 ©CRA Monument Scale: 3/4"=r 15 ' CRAPHPLEX S I GN S qr^4 S556 Tgr Ocfljf ^ MlV r l*t ¥.*\. 9 3pff.r* i-T U r>r.-• :3 'D^J CLIENT: City of South Miami i trMnvn ts suBuimn sv mtf PROJECT: Bosiness h Community Seivice FadEty Sign , i—i ' 1 liPMnVFDASMOmiRY MTf DRAWN BY: AEshaC. SALES: Jack Genrais : THIS ORI&IMAL ORAWIUo [OP COf^ IS FOR VQLIK CON'^IOifiATlON 1 FOR APKOJFCT Wr ARf PROPOSmr«FOFtVDU. IT IS NOT It) Bi TOPtFO 1 IN FULL OA PAnn OA tXHSITeO TO AHYOftft OUTSIDE YOUK URUANBATION 1 WmiOUT WAITTTN PtPJAlSStOU TROM GRAPIIPirX SIGNS SBNIYM: j DATE: 9/20/2018(11/7) ^Aimrr; i FILENAME: City of South Miami/New South Miami Business 6 Community Signxdr PAGE#:1 OPTION B 50 1/2" & « n llP SHViCRA CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BUSINESS & COMMUNITY SERVICE FACILITY 5825 SW68TH STREET 00 ir5 in 1 CRA Monument Scale: 3/4"=r CRA Monument Location Scale: 1/8"=r SIGN TO BE REMOVED 16 ' GRAPHPLEX ICLlENTrCityofSoiithMiami ^ N >i!;4 i«3.s5!,6 PROJECT: Busioess & Community SeivicB FaciEtv Sim Do'.ijr E MarMjf*:iic v.av. o ap'^.w TiJl'far.' Tt rjn n * .i[i, * u; j ^Unci. -3;? ADDRESSi 1 1 AfMnvfD AS suButmn a*: datt- n AfMiiim AS Mttrm by datf- DRAWN BY: AEshaC. SALES; Jack Gervab TMtS OhIUtTJAl DKAWm ,0r< COPY IS TOR YOl/K C0fJSI^LIl/lT|O^ | CRyj fVpC. f OK A PROJECT Y.f AM MtOPOSOili f Oh tOU. HIS MOT TO HE COPBD ] ^lu f uLi OR pAPin OR txnisnto to Amofa oi/isiof your oROAfviTATKiK 1 rm/mTfTY' WITHOUT WRimfif frrAtRSWN FROM CRAPHPlf* SICNS. 1 DATE: 9/20/2018(11/7) FILENAME: City of South Miami/New South Miami Business B Community Sign.cdr PAGE#: 2 OPTION G r— CD CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BUSINESS & COMMUNITY SERVICE FACILITY 5825 SW 68TH STREET South'^liami ©CRA Monument Location Scale: 1/8"=r SIGN TO BE REMOVED 00 ©CRA Monument Scale: 3/4"=r 17 ' GRAPHPLEX S I GN S 9546495566 $*)" Dcrigr h MiV tcnc v.av. Tc Mi";- CLIENT: City of South Miami [_J AfMiiivniAssuBMtrnnB* batt- PROJECT: Business b Community Seivice FaclEty Sign i—i ADDRES* 1 ABPRnwBAsiiiaTmRv bate DRAWN BY: ASshaC. SALES: Jack Geivais IKIS OfaCI*»Al OfiAVVIVG (OF. COPY; |$ fOft VOUK CONSIDlKATtON rof A PKdJKT ARI f^OPDSWr. FOP TOI*. IT IS MOT TO Bl l UPtFO lUfUUORPAntlOAUHatTED TO AUYCMf OUTSIDE YOUF r)ll(iAAI(?A1V)N wrmcuT wwTTiA' ptftMissiaPi from ORAriino; sir.*js snaiTYPt: DATE: 9/20/2018(11/7) FILENAME: City of Soutti Miami/New South Miami Business B Community Signxdr PAGE#: 3 EXHIBIT C AGREEMENT AMONG THE CnrOFWESTON INDIAN TRACE DEVELOPMENT DISTRICT BONAVENTURE DEVELOPMENT DISTRICT AND GraphPlex Signage FOR TRAFFIC SIGNS REPLACEMENT PROGRAM RFP NO. 2009-03 This Agreement, is made and entered into the day of ^t-2009 among the City of Weston, a Florida municipal corporation, the Indian Trace Development District, and the Bonaventure Development District (collectively, the "CITY"), and GraphPlex Signage ("CONTRACTOR") for services related to the Traffic Signs Replacement Program, ("Agreemenl"). References In this Agreement to "City Manager" shall be meant to include his designee. WITNESSETH: WHEREAS, the CITY, solicited proposals from contractors to perform services related to the Traffic Signs Replacement Program; and WHEREAS, Proposals were evaluated and ranked by a Selection Committee; and WHEREAS, the City Commission has selected the CONTRACTOR upon the recommendation of the Selection Committee to perform services related to the Traffic Signs Replacement Program; and WHEREAS, on August 17, 2009, the CITY enacted Resolution No. 2009-68, which ratified the ranking of Proposals for Traffic Signs Replacement Program, and on October 5, 2009, the CITY enacted Resolution No. 2009-98, which awarded the Agreement to the top ranked proposer, GraphPlex Signage: and WHEREAS, CITY and CONTRACTOR desire to enter into an Agreement whereby the duties and obligations each to the other are set forth. F: 470001: AgreefTients - Traffic Sign Replacement RFP and Agreement 2-26-09 V6 Page 47 of 59 18 IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN EXPRESSED AND THE FAITHFUL PERFORMANCE OF ALL SUCH COVENANTS AND CONDITIONS, THE PARTIES AGREE AS FOLLOWS: SECnON 1. SCOPE OF SERVICES 1.1 The CONTRACTOR must meet the requirements and perform the services Identified in the Request for Proposals for the Traffic Signs Replacement Program dated March 2009 ("RFP"), attached hereto and made a part hereof, as Exhibit "A" and the CONTRACTOR'S Proposal, attached hereto and made a part hereof, as Exhibit "B". 1.2 CONTRACTOR agrees and acknowledges that CONTRACTOR Is prohibited from exempting provisions of the RFP or in this Agreement in any of CONTRACTOR'S services pursuant to this Agreement SECTION 2. TERM 2.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall extend for a five (5) year term. 2.2 After the Initial five (5) year term, the Contract may be extended for two (2) additional five (5) year periods by mutual agreement of the parties provided that ail terms and conditions of the original Agreement remain unchanged. Ali unit prices shall be adjusted on October 1 of each year based on the most recently available Consumer Price Index (CPI) for the Miami-Fort Lauderdale region (provided, however that rates will not increase by more than 5% annually). The Work shall be performed In phases, and each phase shall be specified in a Work Order. Each Work Order shall specify as to the time frames for Substantial Completion and Final Completion. The parties hereto may extend this Agreement by mutual consent in writing, prior to the expiration of the current term. This provision in no way limits either party's right to terminate this Agreement at any time during the initial term or any extension thereof, pursuant to Section 5 of this Agreement. SECTION 3. DATE OF COMMENCEMENT AND SUBSTANTIAL AND FINAL COMPLETION 3.1 The Date of Commencement is the date from which the contract time is measured, and shall be the date set forth In the Notice to ProceedAVork Order as issued by the CITY. Should the CONTRACTOR incur costs prior to the issuance of the Notice to Proceed, any such costs shall be incurred at the CONTRACTOR'S risk, and the CITY shall not reimburse the CONTRACTOR for any such costs under any circumstances, except as to the wind testing as specified in this RFP. If CONTRACTOR fails to commence the Work within one 0) week of the date set forth In the Notice To ProceedAVork Order, CITY may terminate the Contract Immediately, without providing an opportunity to cure. F: 470001: Agreements - Traffic Sign Replacement RFP and Agreement 2-26-09 V6 Page 40 gf 59 19 3.2 The Work shall be performed in phases, and each phase shall be specified In a Work Order. Each Work Order shall specify as to the time frames for Substantial Completion and Final Completion. 3.3 CITY and CONTRACTOR recognize that time is of the essence with respect to this Agreement and CITY would suffer financial loss if the Work Is not completed within the time specified in the Work Orders, subject to adjustments of the Contract Time. CITY and CONTRACTOR also recognize the expense and difficulties Involved in proving with reasonable certainty the actual loss or damage suffered by CITY if the Work is not completed on time. Accordingly, in lieu of requiring any such proof, CITY and CONTRACTOR hereby agree that, as liquidated damages for delay, CONTRACTOR shall pay CITY, in addition to any other damages and/or remedies to which CITY may be entitled, the amount of one tenth of one percent (0.107o) of the Work Order value, inclusive of adjustments, per day, or One Thousand Five Hundred and 00/100 Dollars ($1,500.00), whichever is greater, for each calendar day after the time specified in paragraph 3.2 for each Substantial Completion date until the Work is substantially complete. If CONTRACTTOR shall neglect, refuse or fail to complete the Work by the completion date within the time specified In the Work Orders as described in paragraph 3.2 for final completion and readiness for final payment including any proper extensions thereof granted by CITY, CONTRACTOR shall pay CITY, In addition to any other damages and/or remedies to which CITY may be entitled, the amount of one tenth of one percent (0.10%) of the Work Order value. Inclusive of adjustments, per day, or One Thousand and 00/100 Dollars ($1,000.00), whichever is greater, for each calendar day after the time specified above for final completion and readiness for final payment. CITY and CONTRACTOR further agree that the amount of liquidated damages assessed pursuant to this paragraph is reasonable and does not constitute a penalty. Although the parties recognize the difficulty of proving the loss or damage suffered by the CITY due to delay, the CONTRACTOR acknowledges and agrees that the amount of liquidated damages approximate the loss anticipated at the time of execution of this Agreement. SECTION 4. COMPENSATION 4.1 The amount of compensation payable by the CITY to CONTRACTOR shall be based upon the prices as set forth in Exhibit "C", attached hereto and made a part hereof, which amount shall be accepted by CONTRACTOR as full compensation for ail such work performed under this Agreement It is acknowledged and agreed by CONTRACTOR that these amounts are the maximum payable and constitute a limitation upon CITY'S obligation to compensate CONTRACTOR for its services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort, upon CONTRACTOR'S obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.2 CONTRACTOR may submit an invoice for compensation, developed and agreed upon by the City Manager and CONTRACTOR, no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. Invoices shall designate the nature of the services performed and shall also show a summary of fees with accrual of the total and credits for portions paid F; 470001: Agreements - Traffic Sign Replacement RFP and Agreement 2-26-09 V6 20 Page 49 of 59 previously, and shall allocate the billing costs to the appropriate fund or combination of funds. Each statement shall show the proportion of the guaranteed maximum payment that has been expended through previous billings. 4.3 CITY shall pay CONTRACTOR in accordance with the Florida Prompt Payment Act. Additionally, payment may be withheld by the City Manager, for failure of CONTRACTOR to comply with a term, condition or requirement of this Agreement. 4.4 Notwithstanding any provision of this Agreement to the contrary. City Manager, may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to City Manager. The amount withheld shall not be subject to payment of interest by CITY. 4.5 Payment shall be made to CONTRACTOR by check or by Electronic Funds Transfer (EF^ as determined by the CITY. 4.6 CONTRACTOR agrees to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged for which CONTRACTOR receives reimbursement for a period of at least three (3) years after completion of the work provided for In this Agreement. Such books and records shall be available at all reasonable times for examination and audit by CITY. 4.7 If it should become necessary for CITY to request CONTRACTOR to render any additional services to either supplement the services described in the RFP or to perform additional work, such additional work shall be performed only if set forth in an addendum to this Agreement. Any such additional work agreed to by both parties shall be by mutual agreement of both parties and negotiated as to price. 4.8 If the total consideration for this Agreement is subject to multi-year funding allocations, funding for each applicable fiscal year of this Agreement shall be subject to City Commission budgetary appropriation. In the event that the CITY does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. The CITY will notify the CONTRACTOR in writing after the adoption of the final CITY budget for each subsequent year if funding is not approved for this Agreement. SECTION 5. TERMINATION 5.1 This Agreement may be terminated for cause by action of the City Commission if the CONTRACTOR is in breach and has not corrected the breach within thirty (30) days after written notice from the CITY identifying the breach, or for convenience by action of the City Commission upon not less than thirty (30) days' written notice by the City Manager. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event City Manager determines that termination is necessary to protect the public health, safety, or welfare. F; 470001: Agreements - Traffic Sign Replacement RFP and Agreement 2-26-09 V6 Page SO of 59 21 This Agreement may be terminated for cause by the CONTRACTOR if the CITY is in breach and has not corrected the breach within thirty (30) days after written notice from the CONTRACTOR identifying the breach. 5.2 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by City Manager which City Manager deems necessary to protect the public health, safety or welfare may be verbal notice which shall be promptly confirmed in writing In accordance with the "NOTICES" section of this Agreement. 5.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of OTY'S election to terminate, CONTRACTOR shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by CITY, the adequacy of which is hereby acknowledged by CONTRACTOR, is given as specific consideration to CONTRACTOR for CITY'S right to terminate this Agreement for convenience. 5.4 In the event this Agreement is terminated, any compensation payable by CITY shall be withheld until all documents are provided to CITY pursuant to Section 8.1 of this Agreement. In no event shall the CITY be liable to CONTRACTOR for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 5.5 CONTRACTOR for any additional compensation, other than that provided herein, or for any consequential or incidental damages. SECTION 6. INDEMNIFICATION 6.1 CONTRACTOR shall indemnify, hold harmless and, at CITY'S option, pay for an attorney selected by the CITY, to defend the CITY, Calvin, Giordano & Assodates, Inc., Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., and Municipal Technologies, LLC and any of their officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims for personal injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property, arising out of any errors, omissions, misconduct or negligent acts, errors or omissions of CONTRACTOR, its officials, agents, employees or subcontractors in the performance of the services of CONTRACTOR under this Agreement, whether direct or indirect and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, damages of every kind and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and investigation thereof. 6.2 CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the CITY, Calvin, Giordano & Associates, F: 470001; Agreements - Traffic Sign Replacement RFP and Agreement 2-2fr09 V6 Page 51 of 59 22 Inc., Weiss Serota Heifman Pastoriza Cole & Boniske, P.L., and Municipal Technologies, LLC and any of their officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and claims sought by third parties related to any alleged breach of any non-competition of similar provisions. 6.3 CONTRACTOR shall indemnify CITY, Calvin, Giordano & Associates, Inc., Weiss Serota Heifman Pastoriza Cole & Boniske, P.L., and Municipal Technologies, LLC and any of their officers, agents, servants and employees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any Infringement or claim of infringement by CONTRACTOR of any patent, trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Contract. CONTRACTOR will defend and/or settle at its own expense any action brought against the CITY, Calvin, Giordano & Associates, Inc., Weiss Serota Heifman Pastoriza Cole & Boniske, P.L., and Municipal Technologies, LLC, and any of their officers, agents, servants and employees, to the extent that it Is based on a claim that products or services furnished to CITY by CONTRACTOR pursuant to this Contract, or if any portion of the services or goods related to the performance of the service become unusable as a result of any such infringement or claim. 6.4 CONTRACTOR acknowledges that specific consideration has been paid or will be paid under this Agreement for this hold harmless and indemnification provision, and further agrees with the foregoing provisions of indemnity and with the collateral obligation of insuring said indemnity. 6.5 The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager and the City Attorney, any sums due CONTRACTOR under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. SECTION 7. INSURANCE In order to insure the indemnification obligation contained above, CONTRACTOR shall, as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, the insurance coverages as set forth in the RFP. SECTION 8. MISCELLANEOUS 8.1 Ownership of Documents. Unless otherwise provided by law, any and all reports, surveys, prototypes and other data and documents provided or created in connection with this Agreement are and shall remain the property of CITY. In the event of termination of this Agreement, any reports, photographs, surveys and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of CITY and shall be delivered by CONTRACTOR to the City Manager within seven (7) days of termination of this Agreement by either F: 470007: Agreements - Traffic Sign Replacement RFP and ABrcement 2-26-09 V6 Page 52 of 59 23 party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 8.2 Audit and Inspection Rights and Retention of Records. CITY shall have the right to audit the books, records and accounts of CONTRACTOR that are related to this Agreement. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. CONTRACTOR shall preserve and make available, at reasonable times for examination and audit by CITY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement, unless CONTRACTOR is notified in writing by CITY of the need to extend the retention period. Such retention of such records and documents shall be at CONTRACTOR'S expense. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by CiTY to be applicable to CONTRACTOR'S records, CONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for CITY'S disallowance and recovery of any payment upon such entry. In addition, CONTRACTOR shall respond to the reasonable inquiries of successor CONTRACTORS and allow successor CONTRACTORS to receive working papers relating to matters of continuing significance. In addition, CONTRACTOR shall provide a complete copy of all working papers to the CiTY, prior to final payment by the CITY, in accordance with the RFP for CONTRACTOR services. 8.3 Policy of Non Discrimination. CONTRACTOR shall not discriminate against any person In its operations, activities or delivery of services under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage In or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. 8.4 Public Entity Crime Act CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crime Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract F: 470001: Agreements - Traffic Sign Replacement RFP and Agreement 2-26-09 V6 Page 53 of 59 24 to provide any goods or services to CITY, may not submit a bid on a contract with CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount provided In Section 287.017, Florida Statutes, for category two purchases for a period of thirty six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from CITY'S competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. 8.5 Independent Contractor, CONTRACTOR Is an independent contractor under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor Its agents shall act as officers, employees or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR, This Agreement shall not constitute or make the parties a partnership or joint venture. 8.6 Third Party Beneficiaries. Neither CONTRACTOR nor CITY Intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them. Based upon this Agreement the parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 8.7 Notices. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail postage prepaid return receipt requested or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it Is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed In writing in the manner provided in this section. For the present, the parties designate the following: CITY; John R. Flint, City Manager Weston City Hall 17200 Royal Palm Boulevard Weston, Florida 33326 25 F: 470001: Agreements - Traffic Sign Replacement RFP and Agreement 2-26-09 V6 Page 54 of 59 With a copy to: Jamie Alan Cole, Esq. City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 200 East Broward Boulevard, Suite 1900 Fort Lauderdale, Florida 33301 CONTRACTOR: GraphPlex Signage 2301 North 21"^ Avenue Hollywood, FL 33020 8.8 Assignment and Performance. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by CONTRACTOR, except with the prior approval of the City Manager, which shall be in his sole and absolute discretion. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Agreement, except with the prior approval of the City Manager, which shall be in his sole and absolute discretion. A list of all such subcontractors shall be included in the Proposal. If additional subcontractors are to be used during the term of this Agreement, other than those submitted in the Proposal, a list of such subcontractors shall be provided to the City Manager, subject to his approval. CONTRACTOR represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the RFP and to provide and perform such services to CITY'S satisfaction for the agreed compensation.CONTRACTOR shall perform its duties, obligations and services under this Agreement in a skillful and respectable manner. 8.9 Conflicts. Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or Incompatible with CONTRACTOR'S loyal and conscientious exercise of judgment related to its performance under this Agreement. CONTRACTOR agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against CITY in any legal or administrative proceeding In which he or she Is not a party, unless compelled by court process. Further, CONTRACTOR agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of CITY in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any other persons from representing themselves in any action or in any administrative or legal proceeding. F: 470C01; Agreements - Traffic Sign Replacement RFP and Agreement 2-26-09 V6 Page 55 of 59 26 In the event CONTRACTOR is permitted to utilize subcontractors to perform any services required by this Agreement, CONTRACTOR agrees to prohibit such subcontractors, fa y written contract, from having any conflicts within the meaning of this section. 8.10 Contingency Fee. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, CITY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the Agreement price or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 8.11 Materiality and Waiver of Breach. CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement 8.12 Compliance with Laws. CONTRACTOR shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing Its duties, responsibilities, and obligations pursuant to this Agreement. 8.13 Severance. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 8.14 Joint Preparation. The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 8.15 Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 7 of this Agreement shall prevail and be given effect. F: 470001: Agreements - Traffic Sign Replacement RFP and Agreement 2-26-09 V6 Page 56 of 59 27 8.16 Applicable Law and Venue; Attorneys Fees and Costs. This Agreement shall be j interpreted and construed in accordance with and governed by the laws of the State I of Florida. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this Agreement. Venue of 1 any action to enforce this Agreement shall be in Broward County, Florida. The I parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Agreement, "hie parties understand and agree that this I waiver is a material contract term. This agreement is not subject to arbitration. If any I party is required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees and costs. 8.17 Amendments. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement. 8.18 Prior Agreements. This Agreement and its attachments constitute the entire i agreement between CONTRACTOR and CITY, and this document incorporates and i includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that I there are no commitments, agreements or understandings concerning the subject I matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration In the terms or conditions contained here shall be effective unless set forth in writing In accordance with Section 8.17 above. 8.19 Drug-Free Workplace. CONTRACTOR shall maintain a drug-free workplace. I 8.20 Incorporation by Reference. The truth and accuracy of each "Whereas" clause set I forth above is acknowledged by the parties. The attached Exhibits are incorporated hereto and made a part of this Agreement. I j 8.21 Multiple Originals. This Agreement may be fully executed in two (2) copies by all parties each of which, bearing original signatures, shall have the force and effect of an original document. 8.22 Headings. Headings are for convenience of reference only and shall not beI considered In any interpretation of this Agreement. 8.23 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. j 8.24 Public Records. CONTRACTOR understands that the public shall have access, at all reasonable times, to all documents and information pertaining to CITY contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access F: 470001: Agreements - Traffic Sign Replacement RFP and Agreement 2-26-09 V6 Page 57 of 59 28 by the CITV and the public to all documents subject to disclosures under applicable law. CONTRACTOR'S failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the CITY. 8.25 Survival of Provisions. Any terms or conditions of this Agreement that require acts beyond the date of its termination shall survive the termination of this Agreement, shall remain in full force and effect unless and until the terms of conditions are completed, and shall be fully enforceable by either party. 8.26 Truth-in-Negotiation Certificate. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other fectual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. [THIS SPACE INTENTIONALLY LEFT BLANK] i 29 F: 470001: Agreements - Traffic Sign Replacement RFP and Agreement 2-26-09 V6 I Page SB of 59 AGREEMENT AMONG THE CITY OF WESTON, INDIAN TRACE DEVELOPMENT DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT AND GraphPlex Sfgnage FOR TRAFFIC SIGNS REPLACEMENT PROGRAM. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: City of Weston through Its City Commission, signing by and through its Mayor, authorized to execute same by Commission action on the day of . 2009; and authorized to execute same, through its . CITY OF WESTON INDIAN TRACE DEVELOPMENT DISTRICT BONAVENTURE DEVELOPMENT DISTRICT ATTEST:By: Patricia A. Bates, CMC, City Clerk Eric M. Hersh, Mayor and Chair 1 ^ day ofHT.'^i>^^T<^x^2009 ^ohn R. Fhrft, City M'^ager day 2009 Approved as tp4iprm and for the use^tfTanfl reliance City of V/estonyonly: By: Jamie ^n Gdie, City Attorney o>^O^Ugir>JUcK^009 WITNESSES: r^rra(P^ flnra/i El-r&i Print Name p. Print Name (CITY SEAL) ^ ^ CONTRACTOR,, By; IT'TITLE Print Name day of OC^' (CORPORATE SEAL) ,2009 F: 470001; Agreements - Traffic Sign Replacemerv RFP and AgrMment 2-26-09 V6 30 Page 59 of 59 EXHIBIT B Weston Traffic Sign Replacements / Upgrades Estimated Estimated Item Description Quantity Unit Unit Price Total Slgnago - AH prices should include Mobilization and MOT A Remove and Dispose of exislting signs and post D Furnish and Install Poet Type A -17 Hlght (as per detail) C Furnish and Install Poet TVpa A -14*-2" Hlght (as per detail) D Furnish and tnstaS Poet Type B (as per detail) E Furnish and install Post Typa C (as per detstl) F Furnish and Install Post Type D (as per detdl) G Furnish and Install Sign Btsdea with backing as per details; 2218 EA 70 EA 24 10 1916 181 EA EA EA EA s/ 1 01-1 Single Oestmaticn (42 x 18)1 EA sjfj^s^on 2 D1-2 Dual DesijnatlDn (54 x 3D)1 EA $ O® 3 011-1 BOto Route (30x24)1 EA $'7<p9'^3 4 D3-1 Street Name Sign {30 x 12)440 EA $ 7/ 5 D3-2 Advance street Name Signs (60 x 42)72 EA 6 D9-2Hosp{tai (24 X 24)26 EA $ 7 FOOT 3(H)8 School Days Times (IB x 10)2 EA $ iV/- 6^ 8 RP-304J8 School Days Times (18x18)10 EA $ 9 FTP-aS-QB SohOGi Speed Limit (18 x 24)3 EA ^ <5Ly^<ri> 10 FTP-8B4J6 Official Use Only (12 x IB)2 EA $ ViS.dl 11 i-6 Bus Station (18 x 18) EXHIBIT A EA $ 12 M1-1 IrTtQFSBte Guide Sign (24 x 24)EA $ 13 M3-1 Cardinal Dliactional Auxiliary i .EA $ 14 |yi3-2 C^&tal CHrectkmal Auxillaty Signs East (24 x 12)1 EA S 15 M3-3 Cardinal Dlrecdcnal Auxiliary Signs South (24 x 12)3 EA $ 16 M4-11 Bike Route Supplemental Plaque (24 x 8)1 EA s Xiuni 17 MO-la Diagonal Anew Auxiliary ^ x 15)9 EA S 69 18 M6-3a Directional Arrow Auxiary (21 x 15)1 EA s xr/. 19 OIVFl Object Marker (12 x 12)5 EA $ X?X'^ 20 R1-1 Stop (30 x 30)369 EA 21 R1-2YSW (36 x 38 x 36)7 EA 3,9-0 6 22 R1.3 4-way (12x6)20 EA $x''^Sr- 23 R1-4AnWay(18x6)3 EA %XL^.n 24 R10-13 Emergency Signal (36 x 24)10 EA $ 7n. ir 26 R10-2QA Mon-Fri and Tunes (24 x 24)14 EA S XS'l. li-t 26 R10-7 Do Not Bloclc Intersection (24 x 30)4 EA $ 27 R2-1 Speed Limit (24 x 30)207 EA $ 28 R3.1 No Right Tum (24 x 24)10 EA 29 R3-17 Bike Lane (30 x 34)199 EA 8 y»j. W 30 R3-17A Bike Lane Suppiamental Plaques (30 x 12)10 EA 8 lA/f. 33- 31 R3-2 No Left Tum (24 x 24)18 EA -JV 32 R3-3 No Turns (24x24)10 EA s $ //. 9f9.Jio s ~ '7a9-ry $3l/9 ig.VO $ 9^9/6:79- $ f.ixs.iM S i, Q//-o^ $ ' -7»<r.oT $ LjL2:£L£^ JZUMm $ iw(.-in s 796-^71 $ 2.?A-7/ SJL t 3 j/.n S /. //f »■ VP TTHSZZ'" 8 7.ni.^s IZJ±E2£ 8 3-79-7^ 8 /» //Cf.)/ $ 3^/Ifin. t/oEKmZs 8 Tj-yc/zjo %i.r!r-/n.cr' 31 EXHIBIT B Weston Traffic Sign Replacements / Upgrades Estimated Estimated Item Dascrlption Quantity Unit Unit Price Total 33 R3-f Na U-Tum 24 24) 34 R3-S Mandetfiiy Lane Contml (30 x 38) 35 R3^u u-Tum Only (30 * 38) 36 R3-7 Mandatoiy Movement Lane Control (30 x 30) 37 R3^B Two Way Left Turn Only (24 x 36) 38 R4-4 Begin RtghtTum Lane Yield to Bikes (3S x 30) 39 R4-7 Keep Right 1 (24x30) 40 R4-7A Keep Right 2 (24 x 30) 41 R5-1 Do Not Enter (24 x 30) 42 R5-1A Wiong Way (30 x30) 43 R8-1 One Way (36 x 24) 44 R7-1 No Stopping (12 X18) 45 R7'4 No Standing (12 X IB) 46 R7-7 No Parking (12 x 18) 47 RB'S No Parking Generic (24 x 30) 48 Sl'1 School Advani^ Wemii^ (38 x 36) 49 S2-1 School Crossing (24 x 30) 50 S4-1 Time to Time AM Time to Time PM (24 x 48) 51 S4.3 School (24X30) 52 ^1 School Speed UmRXX When Flashing (24 x 48) 53 S5-2 End School Zone (24 x 30) 54 W1-1 Turn (24 x 24) 55 W1-2 Curve (24 x 24) SB W1>7 Large Arrow {TWO Olrecfhms) (48x24) 57 W11-1 Bicycle (24x24) 58 W11-11 Gotf Cart (30 x 30) 59 W11-12P Emergency Signal Ahead (30 x 30) 60 W11''2 Pedestrian (30 x 30) 81 W11-8 Emergency Vehicle (30 x 30) 62 W14-1 Dead End (30 x 30) 83 W14-2 No OuUet (30x30) 64 W16-2a Distance Ahead (24x12) 65 W16.5P Advanced Arrow <24 x 18) 85 W1B-6P Directional Arrow (24x18) 67 W1BP.7P Diagonal Arrow (24 x 12) 68 Wi6-flp Ahead (24x12) 69 W3-1 Stop Ahead (36 x 36) 70 W3-2 Yield Ahead (35 x 35) 71 W4-1 Merge (38 x 36) 72 W4-2 t^ne Enda (36 x 36) 73 WO-I Right Lane Ends (30 x 30) 59 EA 17 EA 5 EA 9 EA 2 EA 109 EA %30'Uifk 197 EA 6 EA $.70^.-77 39 EA 4 EA $ 7n-2J^ 13 EA $ 3n-iSr 42 EA $ 2.^/7.0-7 14 EA $ 2 EA 25 EA $ 7o9«77 107 EA $ 7^9/ 11 EA S7o9.77 31 EA 59 EA S 2o9. 77 27 EA $79o.07 4S EA $ .7o9. 97 69 EA $ 2^=-/. 3 EA 4 EA S790.«#.X n EA 2 EA r3n.7^ 3 EA 3 EA 17 EA $ 7/2. 2 EA $ 7/7 3 EA 1 EA 4 EA $ ^V^.69 40 EA 69 EA $ ItrK.aO 53 EA $ 7 EA $ 73.9.9 3 EA $ 4 EA $ 7X^.96 3 EA $ 1 EA $ y/x. .7P S hf S $ r e-z/.v^ $ $7fo?K.9(; ta'o/A.^i s -/A o-?g. y? s 8 •^90O./» $ 87t;70^.-7>- 8 j;V0>o-7 8/;f09<C.j=3~ 8/^j.^y.oO %/a, cl/^' -n $// 9 $/¥. $ JLX s^^9q./v 8 1)71. Jf 8 <I?'7./V S 9.7 a $ z'iK.-yi S/k. $/^oa- 7/ a!MZ2> 9Jr?.j7e-$ 8 /.7/9 .^ S J/3Lx^ 32 EXHIBITS Weston Traffic Sign Replacements / Upgrades Estimated Estimated Item Descdptton Quantity Unit Unit Price Total 74 W9-2 Lane Ends Merge Left (30X30) 4 EA $ TOTAL COST FOB ESTIMATED ITEMS |$ 4.000,6^0. j &(> /^)iy/C y^/Lc/aA/ (Coniraotoil (Date) 33 EXHIBIT B Wasfon Traffle Sign Replacements / Upgrades Alternate Bid Items BCd Item Description Unit Unit Price 1 Furnish and install Temproary. Signs if necessary as directed by the Engineer 34 Royal Palm Boulevard - Page 30 Exhibit C t •' "r ^ f? •'. n S>1 t,c 339 o ^ 341 oC 23a 329 230 g C 9 C ^ C 340 «c ROVAL PW.M BLVD 337 e ^ROYAL PAIMBLVO _ 9Afie 240 c 232 »1 n.n i». > 1^ ■wf$iSs:'»ri'M-fr ■: -■■I'-t' ■-'"■■I* r--''''"Vr'j''!'V "" .j'>: -i -. ••' '■'■ •■ r\r \ ■-. • ;■ 1S32 iC 1020 tC Legend Sign Post Actions o Replace Install o Modify 50 100 200 300 400 ssFeet L 35 f CrMt. 0«ntjrk« ft AtcrtOJt«t. Iiu. i Wl^/ai tWCtfyofWiiwr Exhibit C ■JThe purpose of this map book is to spatially identify the location and the proposed action to be done to each sign post located on Glades Parkway, Royal Palm Boulevard, Indian Trace, and Weston Road precisely and accurately. This insert is designed to assist the user in learning how to read the map book pages and correctly discern the action and type of post to be used during the sign replacement process of the project. Location of the sign post V 596 C Post ID Safe Recovery Zone Sign post type to be installed «Trfrir;i^_ Th ^ \ As shown in the image above, the colored circle with the black dot in the middle identifies the location of the sign post. Three pieces of information can be found from this point. First it shows the location of this sign post. The color of the circle represents the action that will be taken on this post Then if this point (easiest identified by the black dot in the middle since it is more precise) falls within the Safe Recovery Zone, the post will be made breakaway. The following symbols represent the different action to be taken with the sign posts: ® Replace existing sign post Install new sign post and sign type ® Modify exisring sign post location and sign type llie number associated with the point is the unique post identiHcation number. The letter underneath the Post ID identifies the type of pott that will be installed at this point. The post type can be one of four diHerent post types designed by the traffic engineers at Calvin, Giordano & Associates and is either identified as "A", "B", "C", or "D." • The red hashed area identifies for the user the area identified as the Safe Recovery Zone. The Safe Recovery Zone is defined as 4 feet past any curbed area or 14 feet past the through lane on any non-curbed areas. Any sign within this zone is required to have a breakaway post. 36 DECORATIVE ELEVENTROUTED thru sign BLADEPRIMARY SIGN TYPE "A"FINISH ON ALL SIGN COMPONENTSIS TO MATCH POWDER COAT «9411-«040QUAKER BRONZE BY TCI POWDER COATINGSCUSTOM ALUMINUM ACORN TOPWELDED TO SIGN POSTALUM BALL CAP INSERTED ANDSECURED WITH #10 STAINLESS SCREWINTO 1 VJ* ALUM TUBE(SEE DETAIL-3')35 MPH OR GREATER: 6'- 0" lo IZ'-CDiSTANCE TO EDGE OF PAVEMENT30 MPH OR LESS; 3 - 0" to 6 -0'DISTANCE TO EDGE OF PAVEMENT(USED WHEN THERE IS NO CURB)►2"- 0' MINIMUM DISTANCETO FACE OF CURBBMR3-SRSTREETvr D!A HOLEFOR BREAKAWAY(ALL4SID|S)SCALE: '//= r-€*CURB^asf' V \ ,, 1,1,ALUMI detail-B"I ai2 STAINLESS STEEL COUNTERSU'^'') FLATHEAD SCREWS 3* LONGI HUC STAINLESS SCREWII' r SO. ALUMINUM' COLLARS WELDED' TO SIGN POSTIiL. BALL CAP WELDED TO END OF ALUM TUBE' v-.oeo ALUMINUM SIGN FACE MOUNTED WITH 1/4* DIA^ THREADED ROD «CAP NUTS BOTH SIDES TO 3/16" ALUMINUM BACK PLATE WHICH IS INSERTEDINTO 1 55" ALUM SQUARE TUBE & PLUG WELDED IN PLACESIGN FACES & LETTERING TO BE REFLECTIVE VINYL— 1 WALUM SQUARE TUBE IVV W/M.L) INSERTED THROUGH PORTAND SECURED WITH SS SCREWS (SEE DETAIL "B")3" ANGLE ALUM (1/8" THICKNESS) WELDED TO BACK PLATE.080 ALUMINUM SIGN FACE (R1-H1A22) ADHERED TO 090 ALUMINUMBACK PLATE AND MOUNTING HARDWARE (DETAIL "A").GRAPHICS TO BE HMNTENSITY REFLECTIVE WHITE & RED VINYLFABRICATION AND ATTACHMENTSAME AS STOP SIGN ABOVE/detail-A'M-X 6'aAt\AMlZES STOVt ftOlTWI'H tVASHEAS 4 LOOtNUTS.(21 ONE AT TOP * ONEAT BOTI5" X 5' 6063-T6 3'16" WALLSQUARE TUBE ALUMINUMPIPE SUPPORTCAST ALUMINUM BASEBOLTED TO SIGN POSTBREAKAWAY LOCATION_ DIRECT BURIAL OF ALUMINUMPPE SUPPORT2503 psiCONCRETE TYP.3" ALUMINUM ANGLESWELDED TO SIGN POST(FOR SPIN AVOIDANCE)r X 1/t' X X' ALUM ANSLEMO ALL>ui<<ijM Sla.^ Pace -miM MwNTFNSiTvn&LtCTrvs Vinyl (jUAPtflC*090 ALUM SISNBACKNOTE: ALL HARDWARE MUST COMPLY WITH FOOT SPeciFiCATIONSTYPICAL STREETSIGN BLADE FOR35 MPH OR LESSi \V. ::r~:- 3"-4" --a'- ir-TYPICALSTREET § ,SIGN BLADE FOR £OOMPHORMORE ^SCALE: 3/a-= l -O"li.TRACY CONSULTANTS, INC. CA#3958Robert N. Tracy, RE. Cert. #113634660 128th AVE. S.W.FORT LAUP^DALE, FL. 33330 954-434-5035Designed in accordance with the 2004 Florida Building code and ASCE 7>02Wind Velodty: V -146 (Dade County) V <> 140 (Broward County)Exposure "C" Job site: Weston. FLEXHIBIT A-137 DcCORATIVE EtEMENTROUTED THRU SIGN BLADEPRIMARY SIGN TYPE "A"35 MFM OR GREATER; 6'- 0" to 12 -0-DISTANCE TO EDGE OF PAVEMENT30 MPH OR LESS: 3 - 0' lo e -O*DISTANCE TO EDGE OF PAVEMENT(USED WHEN THERE IS NO CURB)-4 ►0" MINIMUM DISTANCETO FACE OF CURBCUSTOM ALUMINUM ACORN TOP-WELDED TO SIGN POSTALUM- BALL CAP INSERTED ANDSECURED WITH j(10 STAINLESS SCREW'INTO 1 '/i" ALUM TUBE(SEE DETAIL-BT \FINISH ON ALL SIGN COMPONENTSIS TO MATCH POWDER COAT 99411-80AOQUAKER BRONZE BY TCI POWDER COATINGSSTREETv1*DIA HOLEFOR BREAKAWAY(ALL4 SIDES)CURB'^vEMaitr—:::SCALE: !4-= VH)'LEVELtrdetail-B"A12 stainless STEELCOUNTEHSU""FLATHEAD SCREWS 3* LONG >F10 STA NLESS SCREWr SO ALUMINUM <COLLARS WBLOSO—'TO SIGN POSTALUM. BALL CAP WELDED TO END OF ALUM TUBE.080 ALUMINUM SIGN FACE MOUNTED WITH 1/4" DIA THREADED ROD &\ CAP NUTS BOTH SIDES TO 3/16* ALUMINUM BACK PLATE WHICH IS INSERTED\ INTO 1 VALUM SQUARE TUBE & PLUG WELDED IN PLACE\ SIGN FACES & LETTER'NG TO BE REFLECTIVE VINYL— 1 T4-ALUM. SQUARE TUBE (t/T WALL) INSERTED THROUGH POSTAND SECURED WITH SS SCREWS (SEE DETAIL 'B^ ^ '3* ANGLE ALUM, (118' THICKNESS) WELDED TO BACK PLATE080 ALUMINUM SIGN FACE (R1-HIA22) ADHERED TO .090 ALUMINUMBACK PLATE AND MOUNTING HARDWARE (DETAIL 'A').GRAPHICS TO BE HI-INTENSITY REFLECTIVE WHITE S RED VINYLFOR DETAIL SEE SIGNTYPE B' DRAWING5* X 5' 6CS3-T6 3/16' WALLSQUARE TUBE ALUMINUMPIPE SUPPORTCAST ALUMINUM BASEBOLTED TO SIGN POST— BREAKAWAY LOCATIONdetail -a-l'«- X 8" QALVAWZEO 9TQVE 80.7wnMvm>««aiacxNUTs.—m oN£ XT TOP a ONaM-eoTTou- !• * S" M5>TB 3/18* WiUSCUARE TU3E ALUMINUM SiGN POSTAPPING STAlNLfSS SCREWS IP) THREE PER EACH SIDE Or SIGN■r X <«• X )or ALUM anci!.090 ALUM SIGN e&CK _NOTE ALL HARDWARE MUST COMPLY WITH FOOT SPECIFICATIONS ,DIRECT BURIAL OF ALUMINUMPIPE SUPPORT2500 ps'iCONCRETE TYP.3* ALUMINUM ANGLESWELDED TO SIGN POST(FOR SPIN AVOIDANCE)SCALE-3/5'= 1.Q'TYPICAL STREETSIGN 3LADE FOR3.5 MPH OR LESS-i* IS"TYPICAL STREETS GN BIADE FOR40MPHORMORETRACY CONSULTANTS, INC. CA#3958Robert N. Tracy, P.E. Cert. #113634660 128th AVE. S.W.FORT LAUPERDALE, FL. 33330 954-434 »5035Designed in accordance with the 2004 Florida Building code and ASCE 7-02Wind Velocity: V = 146 (Dade County) V = 140 (Broward County)Exposure "C" Job site: Weston. FLEXHIBIT A-238 SIGN TYPE "B"DECORATIVE ELEMENTROUTED THRU SIGN BLADE3S MPH OR GREATER: 6 - 0* to IZ'-O"CISTANCE TO EDGE CF PAVEMENT30 MPH OR LESS; 3'- 0* to 6'-0*DISTANCE TO EDGE OF PAVEMENT(USED WHEN THERE IS NO CURB)CUSTOM ALUMINUM ACORN TOP-WELDED TO SIGN POSTALUM BALL CAP INSERTED ANDSECURED WITH «10 STA'NLESS SCREWINTO 1 V4* ALUM. TUBE(SEE DETAIL-B*)2*- cr MINIMUM DISTANCE ,TO EDGE OF CURB3X><-AJUAiUuJtt.LfjWVi t MilSTREET TLEVELrOIA. HOLE VFOR BREA|XAWAY(ALL 4 SIDES)CURBCURBPETA(l V- 3'- 4* --2'. ITFINISH ON ALL SIGN COMPONENTSIS TO MATCH POWDER COAT mi1-S040QUAKER BRONZE BY TCI POWDER COATINGSALUM BALL CAP WELDED TO END OF ALUM. TUBE- 080 ALUMINUM SIGN FACE MOUNTED WITH 1/4" OIA THREADED ROD &CAP NUTS BOTH SIDES TO 3/16" ALUMINUM BACK PLATE WHICH IS INSERTEDINTO 1 '/>* ALUM SQUARE TUBE & PLUG WELDED IN PLACESIGN FACES & LETTERING TO BE REFLECTIVE VINYL- 1 '//ALUM. SQUARE TUBE (1/8- WALL) INSERTED TOROUGH POSTAND SECURED WITH SS SCREWS (SEE DETAIL 'B') 1- V4' THICK CUT OUT ALUMINUM "W LOGOS 4 PER POSTWITH 3/4' X 3/4' ALUMINUM BORDERS ADHERED TO SIGN POSTA5" X 5' e053-T6 3/16' WALLSQUARE TUBE ALUMINUMPIPE SUPPORTdetail-s-#12 STAINLESS STEEL COUNTERSUNKFLATHEAD SCREWS 3* LONG n#10 STAINLESS SCREWr SOLID ALUMINUMCOLLARS WELDEDTO SIGN POSTLNOTE: Aa HARDWARE MUST COMPLY WITH FOOT SPECIFICATIONS.- CAST ALUMINUM B.ASE' BOLTED TO SIGN POST^ BREAKAV/AY LOCATIONDIRECT BURIAL OFALUMINUM PIPE SUPPORT-2500 psiCONCRETE TVP.3'ALUMINUM ANGLESWELDED TO SIGN POST(FOR SPIN AVOIDANCE)TYPICAL STREET- 3'- 4- --2-ir-SIGNBUDEFOR »35MPHORLESSTYPICAL STREET ^SIGN BLADE FC« ^40 MPH OR MORE" 1"'TRACY CONSULTANTS, INC. CA#3958Robert N. Tracy, P.E. Cert. #113634660 128tli AVE. S.W.FORT LAUDERDALE, PL. 33330 954-434-5035Designed In accordance with the 2004 Florida Building code and ASCE 7-02Wind Velocity. V = 146 (Dade County) V = 140 (Broward County)Exposure "C" Job site: Weston. FLEXHIBIT A-339 TYPICAL SECONDARY SIGN TYPE "C" SIGNSSCALE: '//= V^-YfELDCURBRJbSR >£^TRACY CONSULTANTS, INC.Robert N. Tracy, P.E.4660 128th AVE. S.W.FORT LAUDERDALE, FL. 33330 954-434-5035 Exposure "C" Job site: Weston. FLCA^3958Cert 363 in accordance with the 2004 Florida Building code and ASCE 7-02Wind Velocity: V = 146 (Dade County) V s 140 (Broward County)EXHIBIT A-440 TYPICAL SECONDARY SIGN TYPE "C" SIGNSOUTLETW14-2W11-2N X,../\ RF-9VY1g-7pLSCHOOLCURB-STBEEr ..■S£S15255Z3rJShfiY if CMt^2l 1163 Designed In accordance with the 2004 Florida Building code and ASCE 7-024660 12Bth AVE S W wen. wnooo Wind Velocity. V = 146 (Dade County) V = 140 (Broward County)I FORT LAUDERPALE, FL, 33330 954-434-5035 ExpQgurg "C" Job gite; Walton. FLEXHIBIT A-541 TYPICAL SIGN TYPE "C SIGNS35 MPH OR GREATER; (Tto 12-0-DISTANCE TO EDGE OF PAVEMENT30 MPH OR LESS: 3 - 0* to O'-C"DISTANCE TO EDGE OF PAVEMENT(USED WHEN THERE S NO CURB) ,SCALE: %•= V-0-CURBSTREET^r DIA HOLE Vforbre/V<away(ALLASIDgS)CURBLEVELCUSTOM ALUMINUM ACORN TOPWELDED TO SIGN POSTFINISH ON Aa SIGN COMPONENTSIS TO MATCH POWDER COAT #9411-6040QUAKER BRONZE BY TCI POWDER COATINGS3* ANGLE ALUM (l/ST THICKNESS) WELDED TO BACK PLATE030 ALUMINUM SIGN FACE BOLTED TO .090 ALUMINUMBACK PLATE AND MOUNTING HARDWARE (DETAIL "A*).GRAPHICS TO BE REFLECTIVE VINYL1/4" THICK CUT OUT ALUMINUM "W* LOGOS 4 PER POSTWITH 3/4" X 3/4" ALUMINUM BORDERS ADHERED TO SIGN POST2500 psirM CONCRETE TYP.3" ALUMINUM AiNGLESWELDED TO SIGN POST(FOR SPIN AVOIDANCE)5* X 5" 6CI63-T6 3/16" WALLSQUARE TUBE ALUMINUMPIPE SUPPORTCAST ALUMINUM BASEBOLTED TO SIGN POST-— BREAKAWAY LOCATION— DIRECT BURIAL OF ALUMINUMF>IPe SUPPORTdetail-A-M* xr SUVIM^ STOVE GCLT«WTH WASHERS E lOOeolTS.(S) OME ATTOPi OME ATBOTTm* SELE TAPRNC STAIiguESS SCREWS(]| three per each SOE op SiCNJ'* * SOT AaAl AH6LEoeoALUUMUiv s:ar<AAeS'WITH hPPJTtXSnV REPLrCTIVE VPJVL GRAPHiCS(nOALUU SIGN BACK^NOTE: ALL HARDWARE MUST COMPLY WITH FOOT SPECIFICATIONS^SCALE: 3/8'= V-O"TRACY CONSULTANTS, INC. CA#39S8Robert N. Tracy, P.E. Cert. 4^113634660 128th AVE. S.W.FORT LAUPERPALE, FL. 33330 954-434-5035Designed in accordance with the 2004 Ficrida Builifing code and ASCE 7-02Wind Velocity: V s 146 (Dade County) V -140 (Broward County)Exposure "C" Job site: Weston. FLEXHIBIT A-642 FINISH ON ALL SIGN COMPONENTSIS TO MATCH POWDER COAT 09411-fiO4OQUAKER BRONZE BYTa POWDER COATINGSSIGN TYPE "D"DECORATIVE ELEMENTROUTED THRU SiGN BLADE• 6'-1Q"- B -C*, - 1 >4" RADIUS (ALL CORNERS)i ■<WESTON ROADNEiffSIGNAL ^ 'DETAIL-A-(SIDE 1 OF 2)$• * <-BC«3-'n H6- wiu.—sai>wtsr<jssSiOlPOSTvrr e-aivwsm rrove aoir>1(rw»*SKEJ«l*U>0«UT3III OkE XT TOP « ONE AT BOTTOM \'A7' J5 MPH OR GREATER; F 0" ID ir-COlSTANOS TO EDGE OF RA'/£M£tr30MPH OR LESS.?■ (Flo E'-O"D4STA.NCE TO EKK OF PAVEWEVT(USED WHEN THERE IS NO CURS!SCALE: '/.•= I'-O'ukUMMd M<> Jiii tAj >.CURBnoREAKAWAVLOCATIONzv;irxrALuiAwuM TuasstiPPomswcLBeoTO AUOANUU AHQlBS080 ALUMINUM SIGN FACE ADHEREDED WITH 3M VHB TAPE ANDCLEAR CONTRACTORS SCSIOOO SiLICONE TO 090 ALUMINUMBACK PLATENOTE: ALL HARDWARE MUST COMPLY WITH FOOT SPECIFICATIONS3'ANGLE ALUM. WELDED TO BACK PLATE080 ALUMINUM SIGN FACE ADHERED WITH 3M VHB TAPE ANDCLEAR CONTRACTORS SCSIOOO SILICONE TO l/B" ALUMINUM BACKPLATE AND MOUNTING SUPPORTS (SEE DETAIL -A*);GRAPHICS TO BE HWNTENSITY REFLECTIVE VINYL- 1 V4-X 3-ALUMINUM TUBE SUPPORTS WELDEDTO ALUMINUM ANGLES1M" THICK CUT OUT ALUMINUM -W LOCOS 4 PER POSTVWTH 3M- X 3/4* ALUMINUM BORDERS ADHERED TO SIGN POST5' X 5" 6063-TB 3/16* WALLSQUARE TUBE ALUMINUMPIPE SUPPORTCAST ALUMINUM BASEBOLTED TO SIGN POSTCURBSTREETT-O-.^3* ALUMINUM ANGLES J-t^ WELDED TO SIGN PQST!(FCM^ SPIN AVOID/^NCE) L-2-0*TRACY CONSULTANTS, INC. CA#3958Robert N. Tracy, P.E. Cert. #113634660 128th AVE. S.W.FORT LAUPERDALE, FL. 33330 954-434-5035roiA. HOLE ^FOR BREfl^KAWAV(ALL 4 SIDES)QBfiQE.CETatLvr•-! I —DIRECT BURIAL OF ALUMINUM LEVELPIPE SUPPORT^2500 psiCONCRETE TYP.EXHIBIT A-7Designed in accordance with the 2004 Rorida Biildtng code and ASCE 7-02Wind Velocity: V «146 (Dade County) V = 140 (Broward County)Exposure "C" Job site: Weston. FL43 CITY OF WESTON, FLORIDA RESOLUTION NO. 2014-141 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, AND AS THE GOVERNING BOARD OF THE INDIAN TRACE DEVELOPMENT DISTRICT, AND AS THE GOVERNING BOARD OF THE BONAVENTURE DEVELOPMENT DISTRICT, EXTENDING AND AMENDING THE AGREEMENT WITH GRAPHPLEX SIGNAGE, INC. FOR TRAFFIC SIGNS REPLACEMENT PROGRAM, RFP NO. 2009-03 FOR THE FIRST ADDITIONAL FIVE YEAR PERIOD. WHEREAS, First, the Indian Trace Development District and the Bonaventure Development District are dependent special districts of the City of Weston ("City") for the purpose of exercising all those rights, powers and authority contained in Chapter 189 and 190, Florida Statutes; and WHEREAS, Second, the City Commission of the City serves as the governing board of both the Indian Trace Development District and the governing board of the Bonaventure Development District; and WHEREAS, Third, on October 5, 2009, the City Commission adopted Resolution No. 2009- 98 awarding RFP No. 2009-03 to GraphPlex Signage, Inc. ("GraphPlex") for the Traffic Signs Replacement Program; and WHEREAS, Fourth, Section 2.2 of the Agreement provides for an extension of two additional five year terms, and for all unit prices to be adjusted on October 1 of each year based on the most recently available Consumer Price Index ("CPI") for the Miami-Fort Lauderdale region (provided, that however that rates will not increase by more than 5% annually); and WHEREAS, Fifth, the agreement between the City and GraphPlex expires on December 2, 2014;and WHEREAS, Sixth, Section 8.17 of the Agreement provides that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as the Agreement; and WHEREAS, Seventh, the City and GraphPlex are desirous of amending the agreement to provide for Work Order (Service Request) Completion Data Input by GraphPlex as set forth in the First Amendment to the Agreement; and WHEREAS, Eighth, GraphPlex is desirous of extending its agreement for an additional five year period under the terms of the agreement amended pursuant to the First Amendment to the Agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Weston, Florida, and as the governing board of the Indian Trace Development District, and as the governing board of the Bonaventure Development District: #58878 v1 Resolution No. 2014-141 Page 1 of 2 44 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, AND AS THE GOVERNING BOARD OF THE INDIAN TRACE DEVELOPMENT DISTRICT, AND AS THE GOVERNING BOARD OF THE BONAVENTURE DEVELOPMENT DISTRICT, EXTENDING AND AMENDING THE AGREEMENT WITH GRAPHPLEX SIGNAGE, INC. FOR TRAFFIC SIGNS REPLACEMENT PROGRAM, RFP NO. 2009-03 FOR THE FIRST ADDITIONAL FIVE YEAR PERIOD. Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: The City Commission approves an extension of the agreement with CraphPlex for the Traffic Signs Replacement Program, for an additional five year term, due to expire on December 2, 2019. Section 3: The First Amendment to the Agreement with GraphPlex is approved, in substantially the form attached as Exhibit "A," together with such non-substantial changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney. Section 4: The appropriate City officials are authorized to execute all necessary documents and to take any necessary action to effectuate the intent of this Resolution. Section 5: This Resolution shall take effect upon its adoption. ADOPTED by the City Commission of the City of Weston, Florida, and as the governing board of the Indian Trace Development District, and as the governing board of the Bonaventure Development District, this 17'' day of November 2014. Daniel J. Stermer, Mayor of the City of Weston Chair of the Indian Trace Development District Chair of the Bonaventure Development District ATTEST: Patricia A. Bates, City Clerk Approved as to form and legality for the use of and reliance by the City of ^ston^ ly: Jamie Ajan Cole, City Attorney Roll Call: Commissioner Norton Yes Commissioner Feuer Yes Commissioner Kallman Yes Commissioner Gomez Yes Mayor Stermer Yes 45 #58878 vl Resolution No. 2014-141 Page 2 of 2 FIRST AMENDMENT TO THE AGREEMENT AMONG THE CITY OF WESTON INDIAN TRACE DEVELOPMENT DISTRICT BONAVENTURE DEVELOPMENT DISTRICT AND GRAPHPLEX SIGNAGE, INC. FOR TRAFFIC SIGNS REPLACEMENT PROGRAM RFP NO. 2009-03 Jqis First Amendment to the Agreement is made and entered into the C> day of <4JJLCjWv\X>AA , 2014 among the City of Weston, a Florida municipal corporation, the Indian Trace Development District, and the Bonaventure Development District (collectively, the "City"), and GraphPlex Signage, Inc. for services related to the Traffic Signs Replacement Program ("Agreement"). WITNESSETH: WHEREAS, First, on October 5, 2009, the City Commission adopted Resolution No. 2009-98 awarding RFP No. 2009-03 to GraphPlex Signage, Inc. ("GraphPlex") for the Traffic Signs Replacement Program; and WHEREAS, Second, the agreement between the City and GraphPlex expires on December 2, 2014; and WHEREAS, Third, Section 2.2 of the Agreement provides for an extension of two additional five year terms, and for all unit prices to be adjusted on October 1 of each year based on the most recently available Consumer Price Index ("CPI") for the Miami-Fort Lauderdale region (provided, that however that rates will not increase by more than 57o annually); and WHEREAS, Fourth, GraphPlex is desirous of extending its agreement for an additional five year period under the terms of the agreement amended pursuant to the First Amendment to the Agreement; and WHEREAS, Fifth, Section 8.17 of the Agreement provides that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as the Agreement; and #58880 v1 Page 1 of 5 46 FIRST AMENDMENT TO THE AGREEMENT AMONG THE CITY OF WESTON, INDIAN TRACE DEVELOPMENT DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND GRAPHPLEX SIGNAGE, INC. FOR TRAFFIC SIGNS REPLACEMENT PROGRAM RFP NO. 2009-03 WHEREAS, Sixth, the City and GraphPIex desire to amend the Agreement, pursuant to Section 8.17 of the Agreement, to provide for Work Order (Service Request) Completior) Data Input. IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN EXPRESSED AND THE FAITHFUL PERFORMANCE OF ALL SUCH COVENANTS AND CONDITIONS, THE PARTIES AGREE AS FOLLOWS: 1. The above recitals are true and correct and are incorporated herein as set forth in full hereunder. 2. GRAPHPLEX SIGNAGE shall provide Work Order (Service Request) Completion Data Input, as set forth in Exhibit "A." 3. The term of the Agreement is hereby extended for an additional five year term expiring on December 2, 2019. 4. Except as herein amended, all other provisions of the Agreement shall remain in full force and effect. 47 #58880 v1 Page 2 of 5 FIRST AMENDMENT TO THE AGREEMENT AMONG THE CITY OF WESTON, INDIAN TRACE DEVELOPMENT DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND GRAPHPLEX SIGNAGE, INC. FOR TRAFFIC SIGNS REPLACEMENT PROGRAM RFP NO. 2009-03 IN WITNESS WHEREOF, the parties hereto have made and executed this First Amendment to the Agreement on the respective dates under each signature; City of Weston through its City Commission, signing by and through its Mayor, authorized to execute same by Commission action on the 17^ day of November 2014; and GraphPlex Signage, Inc. authorized to execute same. CITY OF WESTON INDIAN TRACE DEVELOPMENT DISTRICT BONAVEN;rtjfe DEVELOPMENT DISTRICT ATTEST: •—^ ' - ^ atTut-- Patricia A. Bates, MMC, City Clerk Approved as to form and legality for the use o^d reliappe by the City of W^ton Jon ly:y By: ( ^ ^ Jamie Al^h^ole, City Attorney Dame sTj^Sfermqfi'^ MayoFand Chair _l_^r^ay oYl' , 2014 By: John R. Flint, City Manager day (CITY SEAL) 48 ?58880 v1 Page 3 of 5 FIRST AMENDMENT TO THE AGREEMENT AMONG THE CITY OF WESTON, INDIAN TRACE DEVELOPMENT DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND GRAPHPLEX SIGNAGE, INC. FOR TRAFFIC SIGNS REPLACEMENT PROGRAM RFP NO. 2009-03 GRAPHPLEX SIGNAGE, INC. WITNESSES:is, Chief Operation Officer of 2014 Print Name 't.r<s>s <2 / Print Name 49 #58880 v1 Page 4 of 5 FIRST AMENDMENT TO THE AGREEMENT AMONG THE CITY OF WESTON, INDIAN TRACE DEVELOPMENT DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND GRAPHPLEX SIGNAGE, INC. FOR TRAFFIC SIGNS REPLACEMENT PROGRAM RFP NO. 2009-03 EXHIBIT "A" Work Order (Service Request) Completion Data Input - The CONTRACTOR shall enter/input information on completed work order (service request) into CITY'S Work Order and Asset Management Software. The typical information required includes: description of service, date serviced, location, city asset serviced (e.g. street light pole#, monument sign, irrigation pump, etc), and hours or cost for service. Work Order Completion data input shall be entered no later than 30 days after the actual performance of the work order or service request. All work orders entered by the CONTRACTOR shall be reviewed by the CITY and the work order closed by the CITY only after completion of the service is verified. 50 #58880 vl Page 5 of 5