Res No 148-20-15588RESOLUTION NO.:148-20-15588
A Resolution authorizing the City Manager to execute a multi -year agreement with LSJ
Corporation ("Graphplex Signs") for Roadway Traffic Signage Maintenance and Repair Services
which piggybacks onto the agreement between Graphplex Signs and the City of Weston.
WHEREAS, the City Mayor and Commission desires to execute an agreement with GraphPlex Signs for
Roadway Traffic Signage Maintenance and Repair Services; and
WHEREAS, the City Commission budgeted for this project in the Capital Improvement Program 5-Year
Plan; and
WHEREAS, the City initially entered into a piggyback agreement with Graphplex Signs through a City of
Weston solicitation and agreement, under the authority of Resolution No. 74-13-13892 dated April 2, 2013; and
WHEREAS, the City developed a "branding" strategy through a competitive process and the
implementation and replacement of directional traffic signs and decorative poles throughout the City was an
integral part of the "branding" strategy; and
WHEREAS, the City requires ongoing maintenance and replacement of street signs and decorative poles
on public rights -of -way and within City owned properties to maintain and promote a consistent branding strategy;
and
WHEREAS, Graphplex Signs provides and manufactures decorative poles and signs for the City of South
Miami and specializes in the fabrication and installation of custom exterior and interior signage and has experience
with similar Roadway Traffic Signage Maintenance Services with various municipalities in South Florida; and
WHEREAS, in order to maintain a consistent branding standard, it is recommended the City enter into an
agreement with Graphplex Signs; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to execute an agreement
with GraphPlex Signs for Roadway Traffic Signage Maintenance and Repair Services by piggybacking onto GraphPlex
Sign's agreement with the City of Weston for an annual amount up to $10,000; and
WHEREAS, the expenses will be charged $10,000 to the to the Transportation Plan Program Fund account
number 124-1730-541-6490.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH
MIAMI, FLORIDA:
Section i. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated
into this resolution by reference as if set forth in full herein.
Section Z. The City Manager is authorized to execute a piggyback agreement with GraphPlex Signs for
Roadway Traffic Signage Maintenance and Repair Services by piggybacking onto the agreement between the City
of Weston and GraphPlex for an annual amount up to $10,000. The expenditure of $10,000 will be charged to the
Transportation Plan Program Fund account number 124-1730-541-6490 for the current and subsequent fiscal years
through the term of the agreement to March 23, 2023 and through any renewal, at the discretion of the City
Manager, for a term not to exceed a total of five consecutive years.
Page 1of2
Res. No. 148'20-15588
Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the
City Attorney for any conforming amendments to be incorporated into the final resolution for signature.
Section 4: Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the
remaining portions of this resolution.
Section 5: Effective Date: This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 20th day of October. 2020.
ATTEST: APPROV D:
CITYCL RK MAYOR
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND EXECUTION
THERF^.r�'�
CI'V ATTORNEY
COMMISSION VOTE:
5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 2 of 2
Agenda Rem No:9.
City Commission Agenda Item Report
Meeting Date: October 20, 2020
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Rem Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to execute a multi -year agreement with LSJ Corporation ("Graphplex
Signs") for Roadway Traffic Signage Maintenance and Repair Services which piggybacks onto the agreement
between Graphplex Signs and the City of Weston. 3/5 (City Manager -Public Works & Engineering Dept.)
Suggested Action:
Attachments:
Memo Graphlex Piggyback 101320PWD.docx
Reso_Graphlex_Piggyback to_City_of_Weston_10-13-20_PWD (1).docx
Res 741313892 4.2.13.pdf
Miami Herald Ad.pdf
YCASoutiami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Shari Karnali, City Manager
DATE: October 20, 2020
SUeiEcr: A Resolution authorizing the City Manager to execute a multi -year agreement with LSJ
Corporation ("Graphplex Signs") for Roadway Traffic Signage Maintenance and Repair
Services which piggybacks onto the agreement between Graphplex Signs and the City
of Weston.
BACKGROUND: The City desires to enter into a piggyback agreement with Graphlexfor Roadway Traffic
Signage Maintenance and Repair Services. The piggyback is onto a City of Weston
agreement and RFP No.2019-07. The City initially entered into a piggyback agreement
with Graphplex through a City of Weston solicitation and agreement, under the
authority of Resolution No. 74-13-13892 dated April 2, 2013. To compliment the
piggyback with Graphplex, the City developed a "branding" strategy through a
competitive process and the implementation and replacement of directional traffic
signs and decorative poles throughout the City was an integral part of the "branding"
strategy.
The City entered into the initial piggyback agreement with Graphplex prior to the
development of the branding strategy to ensure the City had a traffic sign and
decorative pole contractor in place. While the branding strategy and solicitation was
being developed, Graphplex created a traffic sign database that include the location,
identification, type and quality of traffic signs in the City.
The City requires ongoing maintenance and replacement of traffic signs and decorative
poles on public rights -of -way and within City owned properties to maintain and
promote a consistent branding strategy.
Graphplex provides and manufactures decorative poles and traffic signs for the City of
South Miami and specializes in the fabrication and installation of custom exterior and
interior signage. In addition, Graphplex has experience with similar Roadway Traffic
Signage Maintenance Services with various municipalities in South Florida. In order to
maintain consistent branding standards, it is recommended the City enter into a
piggyback agreement with Graphplex.
AMOUNT: Amount up to $10,000.
FUND & ACCOUNT: The expenditure shall be charged $10,000 to the to the People Transportation Plan
Program Fund account number 124-1730-541-6490.
ATTACHMENTS: Resolution
Reslolution No. 74-13-13892, dated April 2, 2013
Graphplex Piggyback Agreement
2
RESOLUTION 7 4 —1 3 —1 3 8 9 2
A Resolution authorizing the City Manager to execute a piggyback agreement
with Graphplex Signs for a traffic sign replacement program through a City of
Weston contract and RFP#2009-03.
WHEREAS, the City desires a unique design for traffic and directional signs throughout the City;
and,
WHEREAS, the City of Weston performed a competitive bid for a similar traffic sign replacement
program utilizing a procurement process at least as restrictive as the City's; and,
WHEREAS, Graphplex Signs was selected by the City of Weston through an evaluation process
and ranking and subsequently entered into a 5-year contract signed November, 2009; and,
WHEREAS, Graphplex Signs has agreed to provided the City the same pricing and terms as the
City of Weston contract by signing the City's piggyback agreement; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAM1, FLORIDA:
Section 1. The City Manger is hereby directed and authorized to execute a piggyback agreement
with Graphplex Signs for a traffic sign replacement program at the same pricing and terms as the City of
Weston contract and RFP#2009-03. A copy of the agreement is attached.
Section 2. Prior to commencing the traffic sign replacement program, the recommended design
will be submitted to the Commission for approval. The traffic sign replacement program will commence
after the selection of a City "Branding" consultant.
Section 3. Severability: If any section, clause, sentence, or phrase of this resolution is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon enactment.
PASSED AND APPROVED this 2nd day of April , 2013.
ATTEST: APPROVED:
CITY CLERK MAY R
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
COMMISSION VOTE: 4-1
Mayor Stoddard: Yea
6i
Pg. 2 of Res. No. 74-13-13892
Vice Mayor Liebman:
Yea
Commissioner Harris:
Yea
Commissioner Newman:
Yea
Commissioner Welsh:
Nay
AGREEMENT FOR ROADWAY TRAFFIC SIGN MAINTENANCE SERVICES
THIS AGREEMENT made and entered into this � day ofGL�d6 `, 20sLOby
and between the City of South Miami, a Florida municipal Corporation by and through its City
Manager (hereinafter referred to as "City") and LSJ CORPORATION (GRAPHPLEX
SIGNS,) (hereinafter referred to as "Contractor") whose address is 2830 N 28Tu Terrace,
Hollywood, FL 33020 and whose email address is: cathy(ir,eraahalex.com.
WITNESSETH:
WHEREAS the CITY OF WESTON solicited bids pursuant to RFP #2019-07. for
ROADWAY TRAFFIC SIGN MAINTENANCE SERVICES as set forth in
ATTACHMENT A, PART I to this Agreement;, and
WHEREAS the CITY OF WESTON after completing a competitive bidding process,
awarded a contract to Contractor. and
WHEREAS the City of South Miami desires to utilize the CITY OF WESTON
Contract with Contractor as set forth in ATTACHMENT A, PART II; and
WHEREAS, the City is authorized, pursuant to the City of South Miami's Charter, to
piggyback off of contracts, such as the contract in question between the 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 City of South Miami; and
NOW, THEREFORE, the City and the Contractor, each through their authorized
representative/official, agree as follows:
1. The City desires to contract with Contractor, under the same provisions as set forth in
the contract between the CITY OF WESTON and Contractor and pursuant to CITY OF
WESTON RFP #2019-07, unless those documents are otherwise modified by this Agreement.
2. The City has reviewed the contract between the CITY OF WESTON and Contractor
and agrees to the provisions of that contract which will be applicable to a purchase order to be
issued by the City and further agrees to the fair and reasonableness of the pricing found in that
contract and which is reflected in the pricing sheet provided to the City and made a part of this
Agreement as ATTACHMENT B. Contractor hereby agrees to provide such goods and/or
services, pursuant to the City's purchase order made during the term of this Agreement, under
the same price(s), terms and conditions as found in the solicitation documents, the response to
the solicitation, and the Agreement/Contract and/or the Award, pertinent copies of which are
found in ATTACHMENT A, PART I and PART II and made a part hereof by reference.
3. The City's name will be substituted in place of all references to the CITY OF
WESTON (Weston) in the contract between Weston and Contractor. All decisions that are to
be made on behalf of the CITY OF WESTON as set forth in the contract between Weston and
the Contractor, will be made by the City Manager for the City of South Miami. Notwithstanding
Thomas F. Pepe — 04-03-19
Pagel of 6
anything contained in the CITY OF WESTON RFP #2019-07 and the contract between the
Weston and the Contractor to the contrary, this Agreement will be governed by the laws of the
State of Florida and venue for all dispute resolutions or litigation will be in Miami -Dade County,
Florida.
• All references to regulations of Broward County will be interpreted to mean Miami -Dade
County.
• All references to Weston are a reference to the City of South Miami.
• All conflict between Weston style of posts and signs and the City's style of posts and
signs will be resolved by the City Manager or the manger's designee.
• If the City does not have a setup and a link to the App that is compatible with IOS and/or
Android operating systems, the City Manager will decide how to provide the same
information
• All documents required to be furnished to Weston must be furnished to the City
Manager.
4. Term. The term of the contract, including all renewals authorized by the CITY OF
WESTON, with an initial term through March 31, 2023 and an option to renew, at the discretion
of the City Manager, for a term not exceed five consecutive years, in accordance with the City
Charter. Nothing contained here prevents the City from obtaining the same goods and services
from another contractor.
5. Scope of Goods and Services. The scope of goods and services (which may
hereinafter be referred to as the "Work") are set forth in the attached ATTACHMENT B,
including the drawings which are the property of the City, and any attachments thereto and the
City's purchase order, the latter of which will 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 City.
All of the goods and services reflected in ATTACHMENT B must, unless otherwise stated in
the ATTACHMENT A, be delivered, if good, and commenced, if services, within N/A days
from the date of the execution of this Agreement. The Contractor must obtain and pay for all
permits required for the goods and services rendered, if any, with the exception of permits fees
charged by the City, said fees will be waived.
6. Contract Price. The contract price for the good and services is set forth in
ATTACHMENT B. If not otherwise set forth in the contract between the CITY OF WESTON
and the Contractor, the Contractor will 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 City, that
approves of the goods delivered, if any, and the services performed, if any.
7. Precedence. The term, provisions and conditions of this Agreement will take
precedence over the terms, provisions and conditions of the contract between Contractor and
CITY OF WESTON.
8. Grant Funding: This Work is being funded by N/A and Contractor agrees to comply
with all the requirements of that Grant, applicable to the delivery of the goods and/or services
Thomas F. Pepe — 04-03-19
Page 2 of 6
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 City to be able to recover as much of
the contract price that is available pursuant to the terns 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.119.0701) while providing goods and/or services on behalf of the
CITY and the CONTRACTOR, under such conditions, must incorporate this paragraph in all of
its subcontracts for this Project and must: (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 public agency upon
completion of the contract, the contractor must 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 must 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: npayne(a)southmiamifl.gov; 6130
Sunset Drive, South Miami, FL 33143.
10. Waiver Jury Trial: City 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, or lawsuit arising out of this Agreement, the
contract documents or the performance of the Work thereunder or any counterclaim, cross -claim
or third party claim filed in the same proceeding. This provision will survive the termination of
this Agreement.
11. Notices: Whenever notice is required or permitted herein, it must be delivered by
hand delivery, e-mail ((or similar electronic transmission) but only if a receipt for delivery of the
electronic transmission is provided ), facsimile transmission that provides a receipt of delivery or
certified mail with return receipt requested and will be deemed delivered on the date shown on
the e-mail receipt or delivery confirmation for any facsimile transmission or, if by certified mail,
the date of delivery shown on the return receipt or the date shown as the U.S. Postal Service date
Thomas F. Pepe — 04-03-19
Page 3 of 6
the certified mail was refused or unclaimed. If hand delivered to the CITY, a copy must be
stamped with the official CITY receipt stamp showing the date of delivery, otherwise the
document will not be considered to have been hand delivered. Notices must be delivered to the
following individuals or entities at the addresses (including e-mail) or facsimile transmission
numbers set forth below or in the introductory paragraph to this Agreement:
To CITY: City Manager,
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 668-2510
Fax: (305) 663-6345
E-mail: skamali@southmiamifl.gov
With copies to: City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe(gsouthmiamifl.gov
12. Validity of Executed Copies: This Agreement may be executed in several
counterparts, each of which will 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 will bear
its own costs and legal fees. Nothing contained herein will 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. This provision will survive the termination of this Agreement.
14. Indemnification: Notwithstanding anything contained in the contract between
Contractor and the CITY OF WESTON to the contrary, the City does not waive its sovereign
immunity granted by Florida Statutes, Section 768.28, and the City's tort liability is limited to
the waiver of sovereign immunity provided for in Section 768.28. This provision and the
indemnity provision contained in the CITY OF WESTON contract will survive the termination
of this Agreement.
15. Severability: If any term or provision of this Agreement or the application
thereof to any person or circumstance will, 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, will not be affected
thereby and each term and provision of this Agreement will 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.
Thomas F. Pepe — 04-03-19
Page 4 of 6
AGREEMENT FOR ROADWAY TRAFFIC SIGN MAINTENANCE SERVICES
BETWEEN LSJ CORPORATION ("GRAPHPLEX SIGNS") AND THE CITY OF
SOUTH MIAMI.
LSJ CO ] 'ION ("GRAPHPLEX SIGNS"):
By:
Poaln Ldd, gi * JPoega) t wr
(type name and title of signatory above)
ATTEST:
By:
Nkeng§ Payne, C
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof.
By:
as F. Pepe
City Attorney
CITY OF SOUTH MIAMI
By:
l�- eUX�.
Shari Karnali
City Manager
ca4dea99-60fl-484d-ym;,wa,peam edeaseaon ewa
9483-84ecab44beec/; u1A.b..deassson+wawaa
Mi.: 2020d0.Yd 14:39.37 -MW
Thomas F. Pepe — 04-03-19
Page 6 of 6
ATTACHMENT A
CONTRACT FOR ROADWAY TRAFFIC SIGN MAINTENANCE SERVICES
Thomas F. Pepe — 04-03-19
PART I
CITY OF WESTON RFP No. 2019-07
Page 6 of 7
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
REQUEST FOR PROPOSALS
NO. 2019-07
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
REQUEST FOR PROPOSALS NO. 2019-07
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
INDEX
PROPOSAL DOCUMENTS:
SECTION 1 NOTICE TO PROPOSERS
SECTION 2 GENERAL INSTRUCTIONS TO PROPOSERS
SECTION 3 EVALUATION OF THE PROPOSAL
SECTION 4 PROPOSAL SECURITY
SECTION 5 PROPOSAL FORMS
AGREEMENT DOCUMENTS:
SECTION 1 TERM AND TERMINATION
SECTION 2 SCOPE OF WORK
SECTION 3 STANDARDS OF WORK
SECTION 4 STANDARDS OF CONTRACTOR
SECTION 5 STANDARDS OF LABOR & MATERIALS
SECTION 6 STANDARDS OF INSURANCE
SECTION 7 STANDARDS OF PERFORMANCE & PAYMENT SECURITY
SECTION 8 GENERAL CONDITIONS
SECTION 9 SPECIAL CONDITIONS
SECTION 10 EXHIBIT FORMS
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 2 of 119
SECTION 1
NOTICE TO PROPOSERS
NOTICE IS HEREBY GIVEN that the City of Weston, Florida, Indian Trace Development District and
Bonaventure Development District (collectively the "CITY") shall be accepting sealed proposals for:
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
REQUEST FOR PROPOSALS ("RFP") NO. 2019-07
The CITY is requesting proposals from qualified firms for the Roadway Traffic Signage Maintenance
Services under a continuing services contract ("CONTRACTOR"). Proposers shall provide all labor,
supervision, equipment, supplies, tools, materials, and all other necessary incidentals required to
perform the Roadway Traffic Signage Maintenance Services within the City of Weston.
Prior to the Proposal submittal, the Proposer shall deliver to the CITY, a manufactured Sample Sign
Post containing a single post with an associated sign, strictly meeting all the criteria outlined in this
RFP.
Proposers are advised that the CITY has NOT authorized the use of CITY's seal by individuals or
entities responding to the CITY's RFP, and that any such use by unauthorized persons or entities
constitutes a second-degree misdemeanor pursuant to Section 165.043, Florida Statutes.
QUALIFICATIONS
Proposers shall have a minimum of five (5) years of experience with the fabrication, installation,
maintenance and repair of roadway traffic signage. Proposers shall have been in continuous operation
for a minimum of the past five (5) years from the date that the RFP is issued and shall have a resident
branch office in Monroe, Miami -Dade, Broward or Palm Beach County, Florida. Proposer shall be
fully licensed with all required Federal, State, and Local government licenses/permits.
PROPOSAL SUBMITTAL DEADLINE
Submittals shall be received by the Procurement Manager until 11:00 a.m., local time, September
26, 2019 (the "Proposal Submittal Deadline") at City of Weston, City Hall, located at 17200 Royal
Palm Boulevard, Weston, Florida. The official clock at the City Hall reception desk shall govern.
Submittals received afterthis time shall be returned unopened. The sealed submittals will be publicly
opened at the City of Weston, City Hall after the Proposal Submittal Deadline. Award of a proposal
will be made at a City Commission meeting.
AVAILABILITY OF RFP DOCUMENTS
Interested parties may purchase a copy of RFP No. 2019-07 for Traffic Signage Maintenance Services
at the Weston City Hall, 17200 Royal Palm Boulevard, Weston, Florida 33326, 8:00 a.m. — 5:30
p.m., Monday through Thursday and 8:00 a.m. — 3:00 p.m. on Friday, upon payment of a $25.00
non-refundable fee for each RFP document. Payment shall be made by check, Visa, Master Card or
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 3 of 119
American Express. No cash payments will be accepted. Proposal documents are available for
electronic download from Onvia Demand Star at http://www.demandstar.com and from BidSync at
http://www.bidsync.com. This RFP may also be examined at Weston City Hall, at the referenced
address. (8:00 a.m.-5:30 p.m. Monday through Thursday and 8:00 a.m. — 3:00 p.m. on Friday.)
MANDATORY PRE -PROPOSAL CONFERENCE
A pre -proposal conference shall be held at 10:30 a.m., local time, on September 13, 2019 at the City
of Weston City Hall, Commission Chambers located at 17200 Royal Palm Boulevard, Weston, FL
33326. Proposers planning to submit a proposal are required to attend this conference. Proposers
shall allow sufficient time to ensure arrival prior to the indicated time. Failure of a Proposer to be
present for the entire mandatory pre -proposal conference, beginning at the time stated above and
concluding at the dismissal of the mandatory pre -proposal conference by the CITY, shall render a
Proposer to be deemed non -responsive and the proposal shall not be considered for award. Decisions
of the CITY shall be final. The official clock at the location of the pre -proposal conference shall
govern.
PROPOSAL SECURITY
Proposal security in the form of a proposal bond acceptable to the CITY or a cashier's check made
payable to the "City of Weston" in the amount of $5,000.00 or 5% of the total proposal cost,
whichever is greater, will be required to be submitted with the proposal.
QUESTIONS
Any questions concerning this Notice to Proposers shall be submitted in writing to the Procurement
Manager, Martha Perez-Garviso at mperezgarviso®westonfl.org, with "Roadway Traffic Signage
Maintenance Services RFP No. 2019-07" in the subject line or via fax at: 954-385-2010 by 4:00
p.m., local time at least five business days prior to the pre -proposal conference.
CONE OF SILENCE
A cone of silence is imposed upon publication of this Notice to Proposers. The cone of silence
prohibits communications with the following individuals pertaining to this RFP:
Daniel J. Stermer, Mayor;
Margaret Brown, Commissioner;
Mary Molina-Macfie, Commissioner;
Thomas M. Kallman, Commissioner; and
Bryon L. Jaffe, Commissioner
Bryan Cahen, Director of Budget, Selection Committee Member;
Denise Barrett -Miller, Director of Communications; Selection Committee Member;
Andy Matusevich, Assistant Director of Landscaping, Selection Committee Member;
Ryan Fernandez, Director of Technology Services; Alternate Selection Committee Member;
Cindy Tao, Accounting Manager, Financial Reviewer; and
Any member of the Protest Committee, if and when established.
DM# 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance services Page 4 of 119
The details of the CITY's cone of silence are set forth in Section 32.10 of the CITY Code.
The Selection Committee shall convene at a publicly noticed meeting and review submissions, rank
and evaluate the proposals and provide a recommendation to the City Manager.
RIGHTS RESERVED
The City Commission reserves the right to reject any and all proposals, to waive any informality in a
proposal and to make awards in the best interests of the CITY.
Martha Perez-Garviso
Procurement Manager
City of Weston
Published: September 3, 2019
DM# 70976 0 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 5 of 119
SECTION 2
GENERAL INSTRUCTIONS TO PROPOSERS
2.1 Proposal Submittal Deadline
The Proposal Submittal Deadline is included in Section 1 - Notice to Proposers, of this RFP.
2.2 Intent
The CITY is requesting proposals from qualified firms to provide all labor, supervision,
equipment, supplies, tools, materials, and all other necessary incidentals required to perform
the Roadway Traffic Signage Maintenance Services within the City of Weston.
The intent is to demonstrate the qualifications, competence and capacity of the firms seeking
to undertake the Roadway Traffic Signage Maintenance Services for the CITY in conformity
with the requirements of this Request for Proposals.
The CITY reserves the right to conduct investigations as it deems necessary, to determine the
ability of the selected Proposer(s) who shall perform the work or services. Information the
CITY deems necessary in order to make a determination shall be provided by Proposer upon
request.
2.3 RFP Documents
These RFP documents consist of the Proposal Documents and the Agreement Documents. All
forms and documents contained within the RFP and the Agreement shall be completed,
sealed and submitted. Submittal of a response to this RFP constitutes a binding offer by the
Proposer. A Proposer's failure to comply with any provisions in the RFP or the Agreement
may result in a determination of non -responsibility and/or non -responsiveness, at the sole
discretion of the CITY. All instructions in the RFP must be adhered to. Submission of a
proposal indicates acceptance by the Proposer of the conditions contained in the Agreement.
2.4 Mandatory Pre -Proposal Conference
A. At the pre -proposal conference, representatives of the CITY shall be available to
answer questions and explain the intent of the RFP or the Agreement. Questions about
the RFP or the Agreement which have been submitted in writing and received by the
CITY at least five business days prior to the pre -proposal conference will also be
addressed.
B. After the pre -proposal conference, the CITY may prepare written documentation to
answer questions which were addressed at the pre -proposal conference which relate
to the interpretation of, or changes to, the RFP or the Agreement which the CITY
deems appropriate for clarification.
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2.5 Sample Sign Post
Prior to the Proposal submittal, the Proposer shall deliver to the CITY, a manufactured full
sized "Sample Sign Post" containing a single post with an associated sign, strictly meeting all
the criteria outlined in this RFP.
1. The Sample Sign Post required shall be as shown in Figure 3.4-C but with sign
blade "R3-17 Bike Lane" as the single sign on a 12 feet (above ground) tall
post. The Proposer's name shall be affixed to the Sample Post. The Sample
Post shall be the standard by which all the signs posts and signs are
manufactured by the successful Proposer.
2. The completed Sample Sign Post, along with the Sample Post Submission
Form (Exhibit F) completed and signed by the Proposer, shall be delivered to
the Public Works Services Center at 2599 South Post Road, Weston, FL 33327
by appointment only. Proposers shall contact Procurement Manager, Martha
Perez-Garviso at mperezgarviso@westonfl.org to schedule appointments at
least 24 hours prior to delivery. The Sample Sign Post shall become the
property of the CITY.
3. The Proposers shall submit the Sample Post Submission Form, Exhibit F,
containing the CITY's acknowledgement of receipt, with the Proposal
package.
2.6 Proposal Copies and Original
The Proposal shall contain seven (8) complete copies, one (1) unbound original and one (1)
digital copy in Adobe PDF format on a CD/USB drive.
Each copy shall contain all mandatory and optional information submitted by the Proposer.
Additional copies may be requested by the CITY at its discretion.
2.7 Proposal Packaging
The proposal shall include all items identified in the above Section 2.6 and shall be submitted
in one (1) plain sealed box, or other secured packaging, marked as "Proposal" and shall be
inclusive of all documents and samples. The outside of the sealed package must clearly
indicate the submitting "RFP Number 2019-07, Roadway Traffic Signage Maintenance
Services". Proposer's name, address, telephone number and a specific contact person should
be included on the outside of the box.
Proposers are advised that the CITY has NOT authorized the use of CITY's seal by individuals
or entities responding to the CITY's RFP, and that any such use by unauthorized persons or
entities constitutes a second-degree misdemeanor pursuant to Section 165.043, Florida
Statutes.
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Proposers are advised that the CITY shall not supply or sell materials to Proposers in
connection with submission or preparation of proposals, or any other matter, including but
not limited to envelopes, labels or tape.
2.8 Signatures
B. All required signatures shall be manual, in blue ink. Only those persons designated
in Sections B through E below may sign the proposal. The proposal shall be typed or
legibly printed in ink. Use of erasable ink is not permitted. All blank spaces shall be
filled in and noted, in ink or typed, with amounts extended and totaled as appropriate.
All corrections made by a Proposer to any part of the proposal document shall be
initialed in ink. Failure to manually sign the appropriate pages may disqualify the
Proposer and the proposal may not be considered.
C. Proposals by corporations shall be executed in the name of the corporation by the
President or Vice -President listed on www.sunbiz.org (or other such corporate officer
if listed on www.sunbiz.org and accompanied by a resolution of the Board of
Directors evidencing the corporate officer's authority to sign) and attested to by the
Corporate Secretary or an Assistant Secretary.
D. Proposals by limited liability companies shall be submitted in the name of the limited
liability company by a Member, Manager or Officer listed on www.sunbiz.org. The
address and state of organization of the limited liability company shall be shown
below the signature.
E. Proposals by partnerships shall be submitted in the name of the partnership and
signed by a general partner. His/her title shall appear under his/her signature and the
official address of the partnership shall be shown below the signature.
F. Proposals by sole proprietorships or individuals shall be signed by the Individual/sole
proprietor. His or her address shall be shown below the signature.
2.9 Proposal Format
A. The proposal shall be typewritten single sided 81/2 x 11-inch white paper. Pages shall
be secured by staple, binding or similar closures.
B. All pages are to be consecutively numbered. If there is insufficient space for a
response on a form, the response may be continued on a blank page immediately
following the form. The additional pages are to be numbered the same as the form
with the addition of the letter "a", "b", "c", etc. If a form is provided and additional
pages are needed, the form may be copied. The copied pages are to be numbered the
same as the form with the addition of the letter "a", "b", "c", etc.
C. In instances where a response is not required, or is not applicable or material to the
proposal, a response such as "no response is required" or "not applicable" is
acceptable.
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D. The following forms shall be completed and submitted with the Proposal:
■ Proposal Form 1: Proposer's Statement of Organization
■ Proposal Form 2: Personnel
• Proposal Form 2A: Contractor's Equipment List
■ Proposal Form 3: References
■ Proposal Form 4: Non -Collusion Affidavit
• Proposal Form 5: Drug -Free Workplace
• Proposal Form 6: Independence Affidavit
• Proposal Form 7: Acknowledgment of Addenda
• Proposal Form 8: Certification to Accuracy of Proposal
■ Proposal Form 9: Proposal Security
• Proposal Form 10: Scrutinized Companies
■ Proposal From 11: Public Entity Crimes
Exhibit B: Fee Schedule
• Exhibit C: Contractor's Subcontractors List
■ Exhibit D: Transition Plan
■ Exhibit F: Sample Post Submission Form (See Section 2.8D above).
E. The following items shall be submitted by the successful Proposer after the award of
the Agreement (at the time specified herein).
• Exhibit A: Certificate of Insurance
• Exhibit E: Performance & Payment Security
2.10 Submittal, Receipt and Opening of Proposals
A. All proposals shall be submitted on or before the Proposal Submittal Deadline to:
Procurement Manager
City of Weston
17200 Royal Palm Boulevard
Weston, Florida 33326
B. The official clock at City Hall reception desk shall govern. Proposals submitted and
time stamped on or before the Proposal Submittal Deadline shall be opened publicly
at City Hall.
C. All Proposers are reminded that it is the sole responsibility of the Proposer to ensure
that their proposal is time stamped by the Office of the City Clerk prior to the Proposal
Submittal Deadline. Proposals received after the Proposal Submittal Deadline shall
be returned unopened.
2.11 Withdrawal or Revision of Proposal Prior to and After Submittal Deadline
1. Once a proposal has been submitted to the Procurement Manager by the Proposal
Submittal Deadline, it shall not be returned to the Proposer.
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2. The withdrawal, modification or correction of a proposal after it has been submitted
to the CITY shall constitute a breach by the Proposer.
2.12 Proposal Guarantee
All proposals shall be guaranteed firm fora minimum of 90 calendar days after the submission
of the proposal.
2.13 Multiple Proposals Prohibited
More than one proposal from an individual, firm, partnership, corporation or association
under the same or different names shall not be considered. Reasonable grounds for believing
that a Proposer is involved in more than one proposal for the same work shall be cause for
rejection of all proposals in which such Proposers are believed to be involved. In addition, a
single proposal from more than one individual, firm, partnership, corporation or association
under the same or different names shall not be considered. joint ventures shall be permitted;
however, such arrangements shall designate a single primary Proposer or shall be combined
into a single legal entity. The CITY shall only consider one proposal from one Proposer.
2.14 Additional Terms and Conditions
No additional terms and conditions submitted by a Proposer shall be evaluated or considered.
Any and all such additional terms and conditions shall have no force and effect and are
inapplicable to this RFP or the Agreement.
2.15 Interpretations and Inquiries
A. Submission of a proposal shall serve as prima facie evidence that the Proposer has
examined the Agreement and is fully aware of all conditions affecting the provision
of services.
B. No person is authorized to give oral interpretations of, or make oral changes to, the
RFP or the Agreement. Therefore, oral statements shall not be binding and should not
be relied upon. Any interpretation of, or changes to, the RFP or the Agreement shall
be made in the form of a written addendum to the RFP or the Agreement and shall be
furnished by the CITY to all Proposers who attend the mandatory pre -proposal
conference. Only those interpretations of, or changes to, the RFP or the Agreement
that are made in writing and furnished to the Proposers by the CITY may be relied
upon.
2.16 Assignment; Non -transferability of Proposal
A. Proposals shall not be assigned or transferred. A Proposer who is, or may be,
purchased by or merged with any other corporate entity during any stage of the
proposal process, through to and including awarding of and execution of the
Agreement, is subject to having its proposal disqualified as a result of such transaction.
The City Manager shall determine whether a proposal is to be disqualified in such
instances.
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B. If, at any time during the proposal process, filings, notices or like documents are
submitted to any regulatory agency concerning the potential acquisition of Proposer,
or the sale of a controlling interest in the Proposer, or any similar transaction, the
Proposer shall immediately disclose such information to the CITY. Failure to do so
may result in the proposal being disqualified, at the CITY's sole discretion.
2.17 The CITY's Exclusive Rights
A. CITY reserves the exclusive rights to:
1. Waive any deficiency or irregularity in the selection process.
2. Accept or reject any or all qualification statements in part or in whole.
3. Request additional information as appropriate.
4. Reject any or all submittals if found not to be in the best interest of the CITY.
5. Award all or a portion of the services set forth in the Agreement as determined
to be in the best interest of the CITY.
6. Award the Agreement to one or more than one Proposer as determined to be
in the best interest of the CITY.
B. In the event of a sole proposal, the CITY reserves the right to reject the sole proposal.
C. By submitting a proposal, the Proposer acknowledges and agrees that no enforceable
agreement arises until the CITY signs the Agreement, and no action shall lie to require
the CITY to sign the Agreement at any time. The Proposer waives all claims to
damages, lost profits, costs, expenses, reasonable attorneys' fees, etc., as a result of
the CITY not signing the Agreement.
2.18 Public Records
Upon award recommendation or 30 days after proposal opening, whichever is earlier, any
material submitted in response to this RFP shall become a "public record" and shall be subject
to public disclosure consistent with Chapter 119, Florida Statutes (Public Records Law).
Proposers shall claim the applicable exemptions to disclosure provided by law in their
response to the RFP by identifying materials to be protected, and shall state the reasons why
such exclusion from public disclosure is necessary and legal. The CITY reserves the right to
make all final determination(s) of the applicability of the Florida Public Records Law.
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2.19 Public Entities Crime
A. A person or affiliate as defined in Section 287.133, Florida Statutes, who or which
has been placed on the convicted vendor list maintained by the Florida Department
of Management Services following a conviction for a public entity crime, may not
submit a proposal to provide any goods or services to the CITY and may not transact
business with the CITY in an amount set forth in Section 287.017, Florida Statutes,
for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
B. By submitting a response, the Proposer certifies that it is qualified under Section
287.133, Florida Statutes, to provide the services set forth in the Agreement.
2.20 Insurance Requirement
Within 14 calendar days of the date of the notice of intent to consider award of
agreement by the City Commission, the Proposer shall furnish to the CITY, proof of
insurance as required herein.
2.21 Protest Procedures
A. Standing: Parties that are not actual Proposers, including, but not limited to,
subcontractors, material and labor suppliers, manufacturers and their representatives,
shall not have standing to protest or appeal any determination made pursuant to this
Section.
B. Protest of Failure to Qualify: Upon notification by the CITY that a Proposer is deemed
non -responsive and/or non -responsible, the Proposer who is deemed non -responsive
and/or non -responsible may file a protest with the CITY Clerk by close of business on
the third business day after notification (excluding the day of notification) or any right
to protest is forfeited. The City Hall hours are as follows:
Monday -Thursday from 8:00 a.m. to 5:30 p.m. & Friday from 8:00 a.m. to 3:00 p.m.
C. Protest of Award of Agreement: After a notice of intent to consider award of agreement
is posted, a Proposer who is aggrieved in connection with the pending award of the
Agreement or any element of the process leading to the award of the Agreement may
file a protest with the Office of the City Clerk by close of business on the third business
day after posting (excluding the day of posting) or any right to protest is forfeited. A
notice to consider rejecting all proposals is subject to the protest procedure.
D. Content and Filing: The protest shall be in writing, shall identify the name and address
of the protester, and shall include a factual summary of, and the basis for, the protest.
Filing shall be considered complete when the protest and the protest bond are
received by the Office of the City Clerk. The official clock at City Hall reception desk
shall govern.
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E. Protest Bond: A Proposer filing a protest of failure to qualify and/or a protest of award
of agreement shall simultaneously provide a protest bond to the CITY in the amount
of $10,000 or 2% of the proposal value, whichever is greater, for each protest. if the
protest is decided in the protester's favor, the entire protest bond shall be returned to
the protester. If the protest is not decided in the protester's favor, the protest bond
shall be forfeited to the CITY. The protest bond shall be in the form of a cashier's
check.
F. Protest Committee: The Protest Committee shall review all protests. The City Manager
shall appoint the members of the Protest Committee. No member of the City
Commission or the Selection Committee shall serve on the Protest Committee. Each
Protest Committee member shall complete and execute an independence affidavit.
The City Attorney or designee shall serve as counsel to the Protest Committee. The
meeting of the Protest Committee shall be open to the public and all of the actual
Proposers shall be notified of the date, time and place of the meeting. If the Protest
Committee determines that the protest has merit, the City Manager shall direct that
all appropriate steps be taken. All of the actual Proposers shall be notified of the
determination by the Protest Committee. The Protest Committee shall terminate upon
the award of the Agreement, or such other time as determined by the City
Commission.
G. Stay of Award of Agreement or RFP Process: In the event of a timely protest, the City
Manager shall stay the award of the Agreement or the RFP process unless the City
Manager determines that the award of the Agreement without delay or the
continuation of the RFP process is necessary to protect any substantial interest of the
CITY. The continuation of the RFP process or award under these circumstances shall
not preempt or otherwise affect the protest.
H. Appeals to City Commission: Any actual Proposer who is aggrieved by a
determination of the Protest Committee may appeal the determination to City
Commission by filing an appeal with the Office of the City Clerk by close of business
on the third business day after the protester has been notified (excluding the day of
notification) of the determination by the Protest Committee. The appeal shall be in
writing and shall include a factual summary of, and the basis for the appeal. Filing of
an appeal shall be considered complete when the appeal is received by the Office of
the City Clerk.
Failure to File Protest: An actual Proposer that does not formally protest or appeal in
accordance with this Section shall not have standing.
2.22 Cone of Silence
A. Pursuant to Section 32.10 of CITY Code, there shall be no communication related to
this RFP between Proposers, including any lobbyist or any other person on behalf of
Proposers, and any member of City Commission, or any member of the Selection
Committee or Protest Committee (starting from the appointment of that Protest
Committee Member), if any.
B. The cone of silence shall not apply to written or oral communications with legal
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counsel for the CITY.
C. This Section shall not prohibit any person from:
1. Making public presentations to the Selection Committee or Protest Committee
or to the City Commission, during any public meeting relating to this RFP.
2. Engaging in any negotiations at a meeting of the Selection Committee, or with
the City Commission during a public meeting.
3. Communicating in writing with the person designated in this RFP as the
Technical Advisor for clarification or information related to this RFP or the
Agreement. The written communication, including any response thereto, shall
be provided to any Proposer that has submitted a proposal.
4. A cone of silence shall begin when first publicly noticed, and shall terminate
upon execution of the Agreement, a decision by the City Commission to reject
all proposals, or the taking of other action that ends this RFP solicitation.
5. Any action in violation of this Section may be cause for disqualification of the
Proposer. The determination of a violation and/or disqualification shall be
made by the City Commission.
2.23 Scrutinized Companies
Pursuant to Section 287.135, Florida Statutes, a Proposer is ineligible to, and may not
submit a Proposal for, or enter into or renew a contract with CITY for goods or services if
at the time of submitting a Proposal for a new contract or renewal of an existing contract:
A. for any contract amount, if the Proposer is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or
is engaged in a boycott of Israel;
B. if $1 million or more and the Proposer is on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, created pursuant to Section 215.473,
Florida Statutes; or
C. if $1 million or more and the Proposer is engaged in business operations in
Cuba or Syria.
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2.24 Examination of Conditions
It shall be the Proposer's responsibility to visit the proposed work site(s) and to thoroughly
familiarize himself with the nature and extent of the work to be performed and all local
existing site conditions, to make his own estimate of the facilities and difficulties attending
the execution of the work; no allowance shall be made by the CITY for the Proposer's failure
to do so.
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SECTION 3
EVALUATION OF THE PROPOSAL
3.1 Selection Committee
Proposals submitted shall be evaluated by the Selection Committee members as stated in the
Notice to Proposers. The Selection Committee shall convene at a publicly noticed meeting
to review submissions, rank and evaluate the proposals, and provide a recommendation for
award. Selection Committee Members, Procurement Manager, Financial Reviewer and the
Technical Advisor shall complete and execute an independence affidavit.
3.2 Qualification Evaluation
A. The evaluation of proposals and the determination of responsiveness and
responsibility shall be the responsibility of the Selection Committee. Such
determination shall be based on information furnished by the Proposer, as well as
other information reasonably available to the CITY.
B. The Selection Committee shall examine the documentation submitted in the proposal
to determine the responsiveness of each Proposer. Failure to provide the required
information may disqualify any such proposal as non -responsive and such proposal
may not be considered. The Selection Committee may disqualify any Proposers that
make exaggerated or false statements.
C. The Selection Committee may make such investigations as it deems necessary to
determine the responsibility and ability of the Proposer and the Proposer shall furnish
the CITY all such information for this purpose as the CITY may request before and
during the proposal period. The Selection Committee reserves the right to make
additional inquiries, interview some or all Proposers, make site visits, obtain credit
reports, or take any other action it deems necessary to fairly evaluate all Proposers.
The Selection Committee may reject a Proposer or qualify a Proposer.
3.3 Responsiveness
The factors to be considered in determining the responsiveness of each Proposer include but
are not limited to the following:
A. Completion, accuracy and submission of all required documentation.
B. Compliance with all requirements of the RFP, including adherence to all RFP
instructions.
C. Consistency of the offered goods or services as set forth in the Agreement.
D. Accuracy of mathematical calculations.
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3.4 Responsibility
The factors to be considered in determining the responsibility of a Proposer shall include but
not be limited to the following:
A. Proposers past experience and performance.
B. Financial ability to perform the services described in the Agreement. Proposers must
demonstrate financial stability. Proposers shall provide a statement of their financial
stability, including information as to current or prior bankruptcy proceedings by
providing the following:
1. A copy of the most recent audited annual financial statements containing a
balance sheet, an income statement, and a statement of cash flows;
OR
2. Non -audited financial statements containing a balance sheet, an income
statement, and a statement of cash flows plus a complete federal tax return for
the last two (2) years.
Social Security and/or bank account numbers should be redacted on the
statements/federal tax returns.
In lieu of submitting the above documentation, Proposer may submit alternative
documentation that demonstrates their financial ability to perform the services
described herein; however, a complete financial evaluation cannot be conducted
without the above documentation.
C. The financial statements requested are developed into nine financial ratios which
include the following:
1. Liquidity - measures a business's ability to cover its obligations, without
having to borrow or invest money in the business.
2. Working Capital - measures liquid assets that provide a safety cushion to
creditors.
3. Solvency - assesses a company's ability to meet its long-term obligations and
therefore remain solvent and avoid bankruptcy.
4. Gross Margin - indicates the percentage of sales (revenue) dollars available for
expenses and profit after the cost of materials is deducted from the sales
(reven ue).
5. Free Cash Flow - tells how much cash is left over from operations after a
company pays for its capital expenditures.
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6. Account Receivables — as a percentage of current assets, which will provide
information about assets not yet received and therefore unavailable at the
present time to be used as resources.
7. Receivables to Current Assets - receivables as a percentage of current assets
that would reveal the size of receivables in current assets and the opportunity
cost associated with it.
8. Long Term Debt - measurements representing the percentage of a
corporation's assets that are financed with loans and financial obligations
lasting more than one year.
9. Cash Ratio - an indicator of a company's liquidity by measuring the amount
of cash, cash equivalents or invested funds there are in current assets to cover
current liabilities.
**Proposers will only be compared to other firms that submit a proposal, to determine
relative positions of financial ability and stability. **
D. Litigation history
E. The scope and content of any investigations, reports or audits relating to, or
communications with, the Proposer that have been commenced or issued by any
local, state, or federal law enforcement agency, criminal justice agency, health and
safety agency or inspector general office.
F. Whether the Proposer has failed to disclose or made misrepresentations to any
governmental entity regarding conflicts of interest or potential or apparent conflicts
of interest.
G. Availability of appropriate material, equipment, facility and personnel resources and
expertise, or the ability to obtain them, to meet all requirements of the Agreement.
H. Whether the Proposer or its partners, officers or key personnel or its subsidiaries or
parent company have been engaged in any criminal activity or have been convicted
of any crimes.
3.5 Evaluation Process
A. The Selection Committee shall convene at a publicly noticed meeting and collectively
discuss and review the proposals. Each member of the Selection Committee shall
evaluate and rank each proposal in each of the categories listed in this section and
compute a final ranking. The Selection Committee Chairperson shall tally the final
rankings and announce the final total ranking. A sample of the ranking form used by
the Selection Committee is included in this Section.
B. Proposals shall be evaluated and ranked based on the following categories, which
shall be weighted as indicated on the Sample Ranking Form.
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i . The Proposer's financial ability to perform the services described in the
Agreement.
2. Qualifications of the Proposer's personnel, project manager and
subcontractors, including their pertinent training, skill and experience who
may be providing services pursuant to the Agreement.
3. Proposer's total cost of services as provided in the Exhibit B-Fee Schedule
Table.
4. Proposers experience and performance on comparable contracts with
fabrication, installation, maintenance and repair of roadway traffic signage.
5. Compliance of Sample Sign Post to RFP design specifications which includes:
post material type, post thickness, dimensions, sign blade vinyl material,
welding quality and locations, ornamental details, proper paint color and coat
th ickness.
C. The Selection Committee may interview some or all of the Proposers. During the
evaluation process, the Selection Committee may request any or all Proposers to make
oral presentations. Based on the final rankings resulting from the process described
above, the Selection Committee will make a recommendation for award of the
Agreement.
D. In the event of a tie, the CITY shall break the tie by drawing lots at a publicly noticed
meeting.
3.6 Award
Following notification of the firm(s) selected, the City Commission may authorize the
appropriate CITY official to execute an agreement with the top ranked Proposer, and if
determined to be in the best interest of the CITY, any additional Proposers, in order of rank.
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OMB 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 19 of 119
SAMPLE RANKING FORM
Evaluation Criteria
Firm #1
Firm #2
Firm #3
Firm #4
1. Proposer's financial ability
to perform the services
described in the Agreement.
2. Qualifications of the
Proposer's personnel, project
manager and subcontractors,
including their pertinent
training, skill and experience
who may be providing services
pursuant to the Agreement.
3. Proposer's total cost of
services as provided in the
Exhibit B - Fee Schedule.
4. Proposers experience and
performance on comparable
contracts with fabrication,
installation, maintenance and
repair of roadway traffic signage.
5. Compliance of Sample
Sign Post to RFP design
specifications which includes:
post material type, post
thickness, dimensions, sign
blade vinyl material, welding
quality and locations,
ornamental details, proper paint
color and coat thickness.
Total
Ranking
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SECTION 4
PROPOSAL SECURITY
4.1 Proposal Security
A. Simultaneous with the delivery of an executed proposal to the CITY, the Proposer
shall furnish to the CITY a proposal security in the minimum amount of $5,000.00 or
5% of the total proposal cost, whichever is greater, as security for the faithful
execution of an agreement with the CITY, in the event of such award by the CITY
Commission. Failure by the successful Proposer to execute an agreement, to furnish
a performance & payment bond and/or to furnish certificates of insurance in the
minimum amounts specified in the Agreement, within 14 calendar days of the date
of the notice of award by the CITY Commission, shall be deemed as a breach of the
Agreement by the Proposer, may result in forfeiture of the proposal security, and may
result in cancellation of the award of the Agreement. If the CITY determines that the
Agreement, required bonds, or any other requested items are not properly executed,
completed or provided, the CITY shall notify the Proposer of such deficiency, after
which the Proposer shall have seven calendar days to cure such deficiency. Failure
to do so shall be deemed as a breach of the Agreement and shall result in forfeiture
of the proposal security and cancellation of the award of the Agreement. Such
forfeiture shall be considered not as a penalty, but as liquidation for damages
sustained. Award may then be made to the next ranked Proposer, or all proposals
may be rejected.
B. The proposal security shall be in the form of a cashier's check payable to "CITY of
Weston" and drawn on a bank authorized to do business in the State of Florida, or a
proposal bond issued by a surety meeting the qualifications stated in this Section. The
cashier's check or proposal bond shall be attached to Proposal Form 9. The proposal
security shall be returned subsequent to execution of the Agreement by the successful
Proposer and the appropriate CITY official.
C. Qualifications of Surety: Surety companies issuing proposal bonds shall fulfill each of
the following provisions, and the Proposer shall provide evidence to document such
fulfillment:
1. The surety company is licensed to do business in the State of Florida.
2. The surety company holds a valid certificate of authority authorizing it to write
surety bonds in the State of Florida.
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3. The surety company has twice the minimum surplus and capital required by
the Florida Insurance Code at the time the Agreement is executed.
4. The surety company is otherwise in compliance with the provisions of the
Florida Insurance Code.
5. The surety company holds a valid certificate of authority issued by the United
States Department of the Treasury under 31 U.S.C. § 9304-9308.
6. The bond shall contain all provisions required by § 255.05, Florida Statutes,
as may be amended from time to time.
7. The bond shall be issued by a Florida resident agent.
8. A surety bond shall be executed by a surety company of recognized standing
having been in business with a record of successful continuous operation for
at least five years.
9. The surety company shall meet a minimum financial rating by AM Best
Company of no less than "A- Excellent: FSC VII" and shall have at least a
minimum policyholders rating of A- Class VII or higher. In the event that the
surety company's rating shall drop, the surety company shall immediately
notify CITY.
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SECTION 5
PROPOSAL FORMS
The forms located in this section of the RFP shall be included in the sealed proposal and shall be
unaltered. Forms not completed in full may result in disqualification.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
1. Full Name of Proposer:
2. Principal Business Address, Phone and Fax Numbers & Email Address:
3. Principal Contact Person(s):
4. Form of Proposer (Corporation, Partnership, Joint Venture, Other):
A. If a corporation, in what state incorporated:
B. Date Incorporated:
C. If a joint Venture or Partnership, date of Agreement:
D. Name and address of all partners (state whether general or limited partnership):
E. If other than a corporation or partnership, describe organization and name of principals.
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
5. Provide names of principals or officers as appropriate and provide proof of the ability of the
individuals so named to legally bind Proposer.
Name Title
6. Indicate the number of years' Proposer has had current continual successful experience
performing work of a similar scope relevant to this RFP Agreement.
7. List all entities participating in this Agreement (including subcontractors if applicable):
Name Address Title
A.
B.
C.
D.
8. Outline specific areas of responsibility for each entity listed in Question 7.
A.
B.
C.
D.
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
9. County or municipal business tax receipt number (attach copies):
County:
Municipal:
10. Have you ever failed to complete any work awarded to you?
Yes No If yes, attach a separate sheet of explanation.
11. Within the last five years, has any officer or partner of your organization ever been an officer or
partner of another organization that failed to complete an Agreement?
Yes No If yes, attach a separate sheet of explanation.
12. Within the last five years, have you ever had a performance, payment or bid bond called?
Yes No if yes, attach a separate sheet of explanation.
13. Have you, any officer or partner of your organization, or the organization been involved in any
litigation or arbitration against the CITY?
Yes No If yes, attach a separate sheet of explanation.
14. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any other Florida public entity?
Yes No If yes, attach a separate sheet of explanation.
15. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any private entity for an amount greater than $100,000?
Yes No If yes, attach a separate sheet of explanation.
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
16. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent
company been charged or indicted for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or
parent company been convicted and/or fined for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
18. Within the last five years, have you, any officer or partner of your organization, or the
organization been investigated by any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office?
Yes No If yes, attach a separate sheet of explanation.
19. Within the last five years, have you, any officer or partner of your organization, or the
organization communicated with any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office relating to goods or services provided or performed for
any governmental entity?
Yes No If yes, attach a separate sheet of explanation.
20. Within the last five years, have there been any reports or audits relating to you, any officer or
partner of your organization, or the organization issued by any local, state, or federal law
enforcement agency, criminal justice agency or inspector general office.
Yes No If yes, attach a separate sheet of explanation.
21. Within the last five years, have you, any officer or partner of your organization, or the
organization failed to disclose or made misrepresentations to any governmental entity regarding
conflicts of interest or potential or apparent conflicts of interest.
Yes No If yes, attach a separate sheet of explanation.
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2019,
by
for
(Name of person acknowledging)
(Company name)
Personally known to me
produced
. as.
(Title)
or has produced Identification , type of identification
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
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FORM 2
PERSONNEL
For all principals of Proposer and key personnel providing services sought in the RFP or Agreement,
provide a detailed resume indicating that individual's areas of expertise and experience. Resumes shall
be provided in the following format, however, additional information may be provided at the option of
Proposer.
A. Name & title
B. Years experience with:
This company
Other similar companies
C. Education:
Degree(s)
Year and specialization
Certificates
Year and specialization
D. Professional references: (List a minimum of three)
E. Other relevant experience and Qualifications
F. Attach applicable licenses for each individual performing service pursuant to this Agreement.
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FORM 2A
CONTRACTOR'S EQUIPMENT LIST
CONTRACTOR shall provide a comprehensive list of all relevant equipment currently owned.
Item#
Title or Description of Equipment
Quantity
Owned/leased
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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FORM 3
REFERENCES
Proposer shall provide a minimum of three references for work/projects of a similar scope relevant
to this RFP /Agreement.
1. Name of company:
Address:
Phone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
2. Name of company:
Address:
Phone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
3. Name of company:
Address:
Phone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
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FORM 4
NON -COLLUSION AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
2
3.
He/She is
that has submitted the attached proposal;
of , Proposer
He/She is fully informed respecting the preparation and contents of the attached proposal
and of all pertinent circumstances respecting such proposal;
Such proposal is genuine and is not a collusive or sham proposal;
4. Neither said Proposer nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded,
connived, or agreed, directly or indirectly, with any other Proposer, firm or person to
submit a collusive or sham proposal in connection with the Agreement for which the
attached proposal has been submitted or to refrain from proposing in connection with the
Agreement, or has in any manner, directly or indirectly, sought by agreement of collusion
or communication of conference with any other proper, firm, or person to fix the price or
prices in the attached proposal, or of any other Proposer, or to fix any overhead, profit or
cost element of the proposal or the response of any other Proposer, or to secure through
any collusion, connivance, or unlawful agreement any advantage against the CITY of
Weston, Florida, or any person interested in the Agreement; and
5. The response to the attached RFP is fair and proper and is not tainted by any collusion,
conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
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FORM 4
NON -COLLUSION AFFIDAVIT
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2019,
by as
for
(Name of person acknowledging)
(Company name)
Personally known to me
produced
(NOTARY SEAL HERE)
(Title)
or has produced Identification , type of identification
SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
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FORM 5
DRUG -FREE WORKPLACE
The undersigned Proposer in accordance with Chapter 287.087, Florida Statutes, hereby certifies that
does:
(Name of Proposer)
1. Publish a statement notifying employees that the unlawful manufacturing, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the work place, the business's policy of
maintaining a drug4ree workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the contractual services described in the RFP
document a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employee that, as a condition of working
on the contractual services described in the RFP or the Agreement, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
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FORM 5
DRUG -FREE WORKPLACE
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD }
The foregoing instrument was acknowledged before me this day of , 2019,
by
for
(Name of person acknowledging)
(Company name)
as
(Title)
Personally known to me or has produced Identification , type of identification
produced
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
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FORM 6
INDEPENDENCE AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
I am
submitted the attached proposal;
of , the Proposer that has
I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my
household have or have had during the past five years, any relationships (professional, financial, familial
or otherwise) with the CITY (or any of its districts), its elected or appointed officials, its employees or
agents, or any member or alternate member of the Selection Committee.
A "relationship" for the purpose of this affidavit shall include but not be limited to employer/employee,
consultant, contractor, subcontractor, associate, officer, partnership, joint venture, ownership greater
than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient (in excess of $100.00), past or
on -going personal relationships, or joint involvement with charitable/voluntary activities. Relationship
includes having a prior or current contract with the CITY.
Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of those
persons residing in my household have received any promise of compensation, remuneration, gift,
discount, or other gratuity in exchange for my proposal.
I understand and agree that I shall give the CITY written notice of any other relationships (as defined
above) that I enter into with the CITY (or any of its districts), its elected or appointed officials, its
employees or agents, or any member or alternate member of the Selection Committee during the period
of the Agreement.
I set forth below any exceptions to the aforementioned (if none, write "None"):
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FORM 6
INDEPENDENCE AFFIDAVIT
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA }
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2019,
by
for
(Name of person acknowledging)
(Company name)
Personally known to me
produced
(NOTARY SEAL HERE)
as
(Title)
or has produced Identification , type of identification
SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
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FORM 7
ACKNOWLEDGMENT OF ADDENDA
The Proposer hereby acknowledges the receipt of the following addenda issued by the CITY and
incorporated into and made part of the RFP or the Agreement. In the event the Proposer fails to include
any such addenda in the table below, submission of this form shall constitute acknowledgment of receipt
of all addenda, whether or not received by the Proposer.
ADDENDUM
NUMBER
DATE
RECEIVED
PRINT NAME
TITLE
SIGNATURE
(BLUE INK ONLY)
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FORM 8
CERTIFICATION TO ACCURACY OF PROPOSAL
The Proposer, by executing this form, hereby certifies and attests that all forms, affidavits and documents
related thereto that it has enclosed in the proposal in support of its proposal are true and accurate. Failure
by the Proposer to attest to the truth and accuracy of such forms, affidavits and documents shall result in
the proposal being deemed non -responsive and such proposal will not be considered.
By submitting a proposal to do the work, the Proposer certifies that a careful review of the RFP and the
Agreement has taken place and that the Proposer is fully informed and understands the requirements of
the RFP and the Agreement and the quality and quantity of service to be performed.
The undersigned individual, being duly sworn, deposes and says that:
A. He/She is
B.
C.
A
E.
Proposer that has submitted the attached proposal;
of , the
He/She is fully informed respecting the preparation and contents of the attached proposal and of
all forms, affidavits and documents submitted in support of such proposal;
All forms, affidavits and documents submitted in support of this proposal and included in this
proposal are true and accurate;
No information that should have been included in such forms, affidavits and documents has been
omitted; and
No information that is included in such forms, affidavits or documents is false or misleading.
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FORM 8
CERTIFICATION TO ACCURACY OF PROPOSAL
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2019,
by
for
(Name of person acknowledging)
(Company name)
as
(Title)
Personally known to me or has produced Identification , type of identification
produced
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
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FORM 9
PROPOSAL SECURITY
TTACH CASHIER'S CHECK OR PROPOSAL BOND
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FORM 10
SCRUTINIZED COMPANIES
The undersigned Proposer in accordance with Section 287.135, Florida Statutes, hereby certifies that:
Proposer is not participating in a boycott of Israel;
Proposer is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List;
Proposer does not have business operations in Cuba or Syria.
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA }
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this
by as
(Name of person acknowledging)
for
day of , 2019,
(Title)
(Company name)
Personally known to me or has produced Identification , type of identification
produced
(NOTARY SEAL HERE)
SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF
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FORM 11
PUBLIC ENTITY CRIMES
Sworn Statement Under §287.133(3)(a), Florida Statutes
(This form must be signed in the presence of a notary public or other officer authorized to administer
oaths.)
1. This sworn statement is submitted with Bid, Proposal or contract No.
2. This sworn statement is submitted by:
(name of entity submitting sworn statement)
whose business address is:
Federal Identification Number
(FEIN) is:
(if applicable)
Social Security Number:
(if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement)
3. My name is:
(print name of individual signing this document)
and my relationship to the entity is:
4. 1 understand that a "public entity crime" as defined in §287.133(i)(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 with the United states, including, but not limited to, any bid or contract for goods
or services to be provided to any public entity or 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.
5. 1 understand that a "convicted" or "conviction" as defined in §287.133(1)(b), Florida Statutes,
means a finding of guilt of a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of
guilty or nolo contendere.
6. 1 understand that an "affiliate" as defined in §287.133(1)(a), Florida Statutes means:
(a) A predecessor or successor of a person or a corporation convicted of a public entity crime;
or
DM#t 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 43 of 119
(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 crime. The term "affiliate" includes
those officers, directors, executives, partners, share holders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another person, or a pooling of equipment
or income among persons when not for fair market value under an arm's length
agreement, shall be a prima -facie case that one person controls another person. A person
who knowingly enters into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall be considered an
AIiate.
7. 1 understand that a "person" as defined in §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 binds or applies to bids 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 an
entity.
8. Based on the information and belief, the statement that I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies)
a. Neither the entity submitting the sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members or agents who are active in management
of the entity nor any affiliate of the entity have been charged with and convicted of a public entity
crime subsequent to July 1, 1989.
b. The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members or agents who are active in management
of the entity or an affiliate of the entity has been charged with and convicted of a public entity
crime subsequent to July 1, 1989 and (Please indicate which additional statement applies)
1. There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order entered
by the hearing officer did not place the person or affiliate on the convicted vendor list.
(Please attach a copy of the final order)
2. The person or affiliate was placed on the convicted list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that
it was in the public interest to remove the person or affiliate from the convicted vendor
list. (Please attach a copy of the final order)
3. The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pending with the Department of General Services)
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Signature Date
STATE OF )
} ss:
COUNTY OF )
Sworn to and subscribed before me this day of , by
who (check one) [ J is personally known to me or [ ] has produced
as identification.
Notary Public, State of
Print or Type Name of Notary Public
My commission expires:
(Seal)
(Not valid without seal or stamp)
END OF PUBLIC ENTITY CRIMES STATEMENT
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AGREEMENT DOCUMENTS
The Agreement located in this Section for Roadway Traffic Signage Maintenance Services within the CITY
is the form of the agreement that shall be utilized with the successful Proposer. The CITY reserves the
right to award or not to award the Agreement in the best interests of the CITY.
[THIS SPACE INTENTIONALLY LEFT BLANK)
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CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
AGREEMENT DOCUMENT
City of Weston RFP NO. 2019-07
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CITY OF WESTON, FLORIDA
RFP NO. 2019-07
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
INDEX
SECTION 1 TERM AND TERMINATION
SECTION 2 SCOPE OF WORK
SECTION 3 STANDARDS OF WORK
SECTION 4 STANDARDS OF CONTRACTOR
SECTION 5 STANDARDS OF LABOR & MATERIALS
SECTION 6 STANDARDS OF INSURANCE
SECTION 7 STANDARDS OF PERFORMANCE & PAYMENT SECURITY
SECTION 8 GENERAL CONDITIONS
SECTION 9 SPECIAL CONDITIONS
SECTION 10 EXHIBIT FORMS
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AGREEMENT
AMONG THE
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
AND
FOR
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP NO. 2019-07
This Agreement is made and entered into the day of , 2019 among the City
of Weston, a Florida municipal corporation, Indian Trace Development and District Bonaventure
Development District, (collectively "CITY") ("CONTRACTOR") for
Roadway Traffic Signage Maintenance Services ("Agreement"). References in this Agreement to "City
Manager" shall be meant to include his designee.
The following exhibits are incorporated herein and made a part of this Agreement:
Exhibit A: Certificate of Insurance
Exhibit B: Fee Schedule
Exhibit C: Contractor's Sub -Contractors List
Exhibit D: Transition Plan
Exhibit E: Performance & Payment Security
WITNESSETH:
WHEREAS, CITY solicited proposals from PROPOSERS to perform Roadway Traffic Signage Maintenance
Services; and
WHEREAS, proposals were evaluated and ranked by a Selection Committee and a recommendation was
made to the City Manager; and
WHEREAS, on , CITY adopted Resolution No. J. which ratified or
altered the ranking of proposals for Roadway Traffic Signage Maintenance Services and authorized the
appropriate CITY officials to - execute an Agreement with the number one ranked PROPOSER
; and
DM# 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 49 of 119
WHEREAS, City Commission has selected CONTRACTOR to perform Roadway Traffic Signage
Maintenance Services, on an ongoing, or as needed basis, and at the sole discretion of CITY; and
WHEREAS, CITY and CONTRACTOR desire to enter into an Agreement whereby the duties and
obligations each to the other are set forth.
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:
[THIS SPACE INTENTIONALLY LEFT BLANK]
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SECTION 1
TERM AND TERMINATION
1.1 Term
The term of this Agreement shall begin on the date that it is fully executed and shall extend until
March 31, 2023 with two optional three (3) year renewal terms by mutual consent, in writing,
prior to the expiration of the current term. This provision in no way limits either parry's right to
terminate this Agreement at any time during the initial term or any extension thereof, pursuant to
Section 1.2 of this Agreement.
1.2 Termination
A. This Agreement may be terminated for cause by action of the City Commission if
CONTRACTOR is in breach and has not corrected the breach within 30 days after written
notice from CITY identifying the breach, or for convenience by action of the City
Commission upon not less than 10 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 the City Manager
determines that termination is necessary to protect the public health, safety, or welfare.
B. This Agreement may be terminated for cause by CONTRACTOR if CITY is in breach and
has not corrected the breach within 60 days after written notice from CONTRACTOR
identifying the breach.
C. Termination of this Agreement for cause shall include but not be limited to, failure to
suitably perform the services, failure to continuously perform the services in a manner
calculated to meet or accomplish the objectives of CITY as set forth in this Agreement or
multiple breaches of the provisions of this Agreement notwithstanding whether any such
breach was previously waived or cured.
D. Notice of termination shall be provided in accordance with Section 8.14(G.) NOTICES of
this Agreement except that notice of termination by the City Manager which the 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 Section 8.15(G.)
NOTICES of this Agreement.
E. In the event this Agreement is terminated for convenience, upon being notified of CITY'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
conven ience.
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F. In the event this Agreement is terminated, any compensation payable by CITY shall be
withheld until all documents are provided to CITY pursuantto the Agreement. In no event
shall CITY be liable to CONTRACTOR for any additional compensation, other than that
provided herein, or for any consequential or incidental damages.
G. This Agreement may be terminated by the CITY if the CONTRACTOR is found to have
submitted a false certification, Form 10, Scrutinized Companies, has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, has
been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged
in business operations in Cuba or Syria.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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SECTION 2
SCOPE OF WORK
2.1 Intent
The CONTRACTOR shall provide all required permits, labor, material, equipment and services
necessary for the fabrication, installation, maintenance and repair of roadway traffic signage
located on public rights -of -way and within CITY owned properties.
The CITY reserves the right to conduct investigations as it deems necessary, to determine the
ability of the selected CONTRACTOR(s) who shall perform the work or services. Information the
CITY deems necessary in order to make a determination, shall be provided by the CONTRACTOR
upon request.
2.2 CONTRACTOR shall be responsible for the following:
A. Installation of new traffic signs at new locations, in the right-of-way, CITY property and
parking lots as directed by the CITY, all in accordance with the requirements and
standards referenced in this RFP.
B. Repair of portions of existing traffic signs in the right-of-way all in accordance with the
requirements and standards referenced in this RFP. Repairs shall be in -place (on the site
at existing locations) or shop repaired and installed in the field.
C. Rapid installation of temporary traffic signage for critical downed signs.
D. Removal and replacement of existing traffic signs knocked down or severely damaged by
vehicular traffic or other means.
E. Installation of new signage in CITY Parks and other CITY Facilities.
F. Re-establish the vertical alignment of leaning street sign posts of signs dislodged from
vertical position by storms and hurricanes or other means.
G. Installation of temporary miscellaneous non -Weston standard traffic signs and
informational signage, as requested by the CITY.
H. Contractor shall provide, if requested by the CITY, a subcontractor to provide sign
retroreflectivity measurement using a retroreflectometer.
I. Providing salvage value for damaged or destroyed metal signage materials as applicable.
J. Other various and signage related work and tasks as directed by the CITY not mentioned
above.
OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 53 of 119
2.3 Existing Locations
There are approximately 5,300 existing traffic signs throughout the CITY within the Rights -of -Way
and in CITY owned properties. A more detailed map of the CITY can be accessed at
https://www.Westonfl.org/trafficsigns. These are the typical roadway & street name signage and
other informational signage all design and mounted on posts and backing in accordance with
Weston Standards as shown in Section 3, STANDARDS OF WORK, of this RFP.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance services Page 54 of 119
SECTION 3
STANDARDS OF WORK
3.1 Level of Service
A. All traffic signs shall be installed per the requirements and standards referenced in this
RFP.
B. Signs are typical standard signs and object markers approved for use on streets, highways,
bikeways, and pedestrian crossings. Other signs include special word messages for
guidance information.
C. Each traffic signpost shall be dug by hand or other small equipment or hand tools means.
Digging using a bobcat machine or large equipment shall be prohibited. The Contractor
shall be responsible to repair any underground irrigation related pipes or conduits. The
CONTRACTOR shall utilize all new materials and shall not use any refurbished signs
unless authorized by the CITY.
D. Any traffic sign that is knocked down, damaged, or missing shall be replaced by the
CONTRACTOR with a temporary sign within 24 hours from time of request by the CITY.
E. Permanent new replacement signs must be installed within 14 calendar days from the
time a work order request is issued to the CONTRACTOR by the CITY.
F. CONTRACTOR shall provide sign repair and maintenance services to include but not
limited to in -place sign blade (sign face) repair and replacement; signpost re -plumbing
(straightening); backplate removal, replacement or straightening; in -place welding of
collars and back plates. Removal of existing signs for shop repair.
G. All work shall be warranted for a period of one year after the acceptance of the work by
the CITY. Except for sign blade minimum retroreflectivity per the MUTCD standards shall
be warranted for a period not less than two years. The date of approval, by the CITY, of
payment in full for said work shall be used as the acceptance date.
3.2 Sign Blade Standards
A. All new street signs installed by the CONTRACTOR shall be in accordance with the
Manual on Uniform Traffic Control Devices for Streets and Highways, or MUTCD. The
MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of
Federal Regulations (CFR), Part 655, Subpart F.
B. All new signs ret ro reflect ivity materials shall be Type XI or in accordance with the latest
regulations of Broward County Engineering and Traffic Division (BCTED) and MUTCD.
DMt# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 55 of 119
C. At no instance shall Sign vinyl material be less than diamond grade.
D. Existing sign blades free from damage on an otherwise damaged post, shall remain the
property of the CITY and re -utilized when possible or at the direction of the CITY.
E. The terminology "signs," "sign blades" and "sign face" are used interchangeably in this
RFP.
F. All sign (regulatory, school zones, guide and warning) blades on Weston style posts shall
be aluminum and as specified herein.
G. Signs shall be free from all defects and bubbles. The sign blades surface shall have a
warranty from free defects for a period of one year after date of installation. The
CONTRACTOR shall replace all sign blades that fail during the warranty period
H. All sign blades on Weston Style posts shall be first mounted to a back plate as described
herein. The back plates shall be a minimum of one inch larger that the sign blade on each
side and shall be of the same shape as the sign blade to which it is mounted.
I. All exposed bolts, bolts head, nuts and washers shall match the color of the adjacent
surface. E.g. Bolt head the face of a "Stop Sign" shall be painted and covered to match
the color of the Stop Sign face.
3.3 Permits
A. Where permits are required, the CONTRACTOR shall be responsible for obtaining the
permit and shall submit the invoice of the permit cost to the CITY for reimbursement.
3.4 City of Weston Style Traffic Posts Standards
Figures "A-1" — "A-7" (WHICH ARE NOT TO SCALE) specify the exact design, materials,
fabrication methods, and installation details. The CITY's Traffic Sign Standards have specific
requirements for the design and installation of the posts and back plate. These specifications shall
be strictly adhered to, all work shall be conducted in a manner designed to comply with and
completely fulfill both the intent and the long-term management requirements outlined in the
Local, State, and Federal permits.
A. Any reference to "acorn" style detail shall be "ball" style instead. Proposers shall inspect
any existing Weston style sign post in the CITY as an example.
B. Figure 3.4-A depicts a detail for a primary sign type 'A' 5"x5" post with stop sign and
secondary sign attached.
C. Figure 3.4-A-1 depicts a detail for a primary sign type A-1 511x5" post with just a stop sign
attached.
D. Figure 3.4-13 depicts a detail for a primary sign type B 5"x5" post with only the street
name sign blades attached.
E. Figure 3.4-C depicts details for typical secondary sign type C 5"x5" post with just one
main sign attached with collars and base collar.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 56 of 119
F. Figure 3.4-D depicts details for typical Double Post type D 5"x5" posts with collars and
base collars and announcing the next signalized intersection. Note: These signs are
generally located within the medians main roadways.
G. Figure 3.4-E depicts a detail for typical type E 5" x 5" post with one main sign attached
with no "W" bordered by collars and with a collar base.
H. Figure 3.4-F depicts a detail for a primary sign type E 4"x4" post with one main sign
attached on a plan post. No collars, no "W", no collar base.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 A RFP NO. 2019.07 Roadway Traffic Signage Maintenance Services Page 57 of 119
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X.
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DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 63 of 119
Figure 3.4-F—Type F-411W Plain 12'-0" High Post (No collars, No outer base, No "W")
DM# 70976 v3 RFP NO, 2019-07 Roadway Traffic Signage Maintenance Services Page 64 of 119
3.5 Sign Structure Repairs
The CONTRACTOR shall be responsible repairs and maintenance to the sign structure which
includes the posts, sign blade and back plate as directed by the CITY. Repairs and maintenance
include the following work.
A. The provide all labor, materials and equipment to repair of aluminum angle post collars
by on -site spot welding at post locations within the right-of-way and in CITY facilities area
and parking lots. In instances where collars can be found and re -used, the CONTRACTOR
shall utilize existing material.
B. When collars are missing, the CONTRACTOR shall manufacturer the collars and install
accordingly.
C. The CONTRACTOR shall remove damaged, bent or faded sign blades and/or sign back
plates as directed by the CITY.
D. The CONTRACTOR shall install replacement sign blades and back plate as directed by
the CITY.
3.6 Sign Inspections
If requested by the CITY, the CONTRACTOR shall perform field inspections services to survey
signs and posts that are in need of repairs as described in Sign Structure Repairs. For this task, the
CITY shall request a minimum of 100 sign post locations on work orders. Double post signs count
as one location.
The CONTRACTOR shall collect the information utilizing a free APP for mobile devices such as
Collector for ArcGIS (see more at https://www.esri.com/en-us/arcgis/productsicollector-for-
arcgis/overview) or similar. The CITY shall provide the setup and a link to the App that is
compatible with 105 and/or Android operating systems. The CONTRACTOR shall be responsible
for the field input and shall fill out map -driven forms previously created by the City. The
CONTRACTOR shall only need devices (mobile phones or tablets) compatible with IOS or
Android operating systems. The CONTRACTOR shall input the following information which will
be automatically uploaded to the CITY:
A. Confirm existence of sign post (Present or missing)
B. The ID number of the pole.
C. Confirm existing sign types on the post (from a drop -down list on the App)
D. Record the type of damage to the sign structure (from a drop -down list on the App):
1. Missing collars and record the state quantity.
2. Missing "W" letter and record the quantity.
3. Damaged sign blade to be replaced.
4. Damaged sign blade to be repaired in place.
DM% 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 65 of 119
3.7 Replacement of Faded Signs Blades Only
The CONTRACTOR shall remove faded sign blades and replace with new sign blades in its place,
on an existing post(s) as directed by the CITY. Fee Schedule Item Al shall provide for the labor
and equipment cost for the removal of a sign blade and labor (only) to replace of new sign in its
place, on an existing post(s) on -site. The rate applies the removal of any size sign (up to a
maximum of 70"00"). DO NOT INCLUDE material cost for new sign blades in item A10. This
material cost for the new sign blades shall be drawn from the unit cost as provided for in the Fee
Schedule "UNIT PRICES FOR MATERIALS;' Items D-1 through D-18. The CITY shall submit work
orders for no less than 10 post locations at a time.
3.8 Special Retroreflectivity Inspections
If requested by the CITY, the CONTRACTOR shall perform field retroreflectivity test to measure
and record the retroreflectivity of signs using a retroref I ecto meter.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM## 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 66 of 119
Figure 3.5-A— Typical Damage to Post Collars — Requires field repairs by spot welding
DM# 70976 v3 RFP NO, 2019-07 Roadway Traf0c Signage Maintenance Services Page 67 of 119
INV
14
Y -'
- 16
Figure 3.5-C— Typical Damage to Signs Structure
OAMissing "W" letter. "W" shall
be on all four sides.
t 68om
WESTON RADIO
CITY
W E S'
'S4
Figure 3.5-D — Cases of Improper manufacturer and installation
Deteriorated face of Sign
Blade
Post spraying of welds are not
acceptable. Painted areas around welds
shall not fade differently.
� A
1 All exposed Bolt
1 heads, washers
and nuts shall
match the color
DMA 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance services Page 69 0(119
3.9 Re -Establishment of Vertical Alignment of Sign Posts
A. The CONTRACTOR shall furnish all labor, supervision, materials, equipment, supplies,
tools, MOT, and safety measures to re-establish vertical alignment of leaning street sign
posts at various locations throughout the CITY. The general scope of work for repairs
needed and re -installation includes but not limited to the following:
1. Preparation of site location prior to commencement of work including
establishment of any MOT.
2. Excavate around the sign base and remove the sign post without damage to the
post and the sign blade(s). Any damages to the sign will be the responsibility of
the CONTRACTOR to replace the sign.
3. CONTRACTOR shall remove the existing encasing around the excavated sign
posts by chipping or other means and prepare the post for re -installation at the
same location in accordance with the foundation detail for the sign post as
provided in Exhibit B. If the excavated hole to remove the sign is not large enough
for re -installation per the foundation detail, the CONTRACTOR is responsible for
additional excavation to facilitate the foundation as shown in the detail.
4. CONTRACTOR must take all precautions not to damage the surrounding
landscaping area. Any damages to the landscape will be the responsibility of the
Contractor to replace to existing or better conditions.
5. If CONTRACTOR needs to park in the swale area, CONTRACTOR shall use
plywood to drive or park to prevent damaging the Swale.
6. In certain locations where MOT is needed, the CONTRACTOR is responsible to
provide the MOT.
7. CONTRACTOR must also take precautions not to damage the curbing around the
sign post.
8. The CITY reserves the right to ask the CONTRACTOR to move the sign post a few
feet if the current location is determined to be too close to traffic.
9. The CONTRACTOR shall employ a sufficient number of trained technicians so
that the work is completed on time as scheduled.
10. All work shall be performed using skilled professionals and shall be executed in
a workmanlike manner in accordance with best standards and practices of the
trade. Any repairs, if required, shall be repaired in kind by skilled professionals of
the trades involved at no additional cost to the CITY.
11. All existing landscape material is designated to remain. Contractor must take pre-
cautions not to damage sod and irrigation in the Swale areas and at CITY facilities.
Damaged sod and irrigation systems is the responsibility of the CONTRACTOR
and shall be replaced within 7 calendar days of being notified by the CITY. If
repairs are not completed to the satisfaction of the CITY, then the CITY will
compete repairs and deduct the cost from the contract amount.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 70 of 119
3.10 CONTRACTOR Use of Premises
Use of CITY -owned property during performance of work is limited as follows:
A. CONTRACTOR shall not encroach equipment or crews onto private property during
performance of work duties.
B. CONTRACTOR shall not infringe upon CITY's right to perform its own projects using its
own crews, or to employ separate CONTRACTORS on portions of the Work Area, or to
perform continuing work on portions of the project.
C. Perform all work in daylight hours unless CITY provides written authorization for night
work.
D. Do not work on Sundays or CITY defined holidays without CITY's written permission.
3.11 Protection of Existing Structures and Utilities
A. Unless otherwise provided, CONTRACTOR shall sustain in place and protect from
damage, poles, posts, water or gas mains, sewers or drains, conduits, service pipes,
sidewalks, curbs, sod, landscape, established desirable mitigation vegetation and other
structures or property in the vicinity of the work, whether over or underground.
CONTRACTOR's proposed prices shall include costs of remedial work or reinstatement
due to disturbance of existing services, structures and property made necessary by the
work.
B. CONTRACTOR shall rectify any damage to existing services, structures and property
caused by CONTRACTOR's staff or equipment without compensation.
C. CONTRACTOR shall ensure familiarity with the exact location of utilities and protect
them during work and assume liability for damage to them.
D. Property Damage
1. Observation of property damage prior to the commencement of work, whether
public or private, shall immediately be reported to CITY.
2. Property damage, whether public or private, caused by CONTRACTOR during
the course of the work shall be immediately reported to CITY, and repaired by
CONTRACTOR at the CONTRACTOR'S expense and at no cost to CITY or
property owner.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 71 of 119
3.12 Discovery and Notification
If CONTRACTOR discovers damages, vandalism or theft, CONTRACTOR shall immediately
notify CITY and shall file a police report of the occurrence.
3.13 Clean Up
CONTRACTOR shall be responsible on a daily basis to maintain a clean work site.
CONTRACTOR shall dispose of debris properly.
3.14 Disposal of CONTRACTOR Waste
CONTRACTOR shall be responsible for the disposal of all personal trash and job -related waste
items in a manner meeting all local, state and federal applicable laws, standards, codes and
regulations. This requirement shall be solely the CONTRACTOR's responsibility.
CONTRACTOR is responsible for all cost of disposal and any cleanup costs incurred due to
improper use, handling, or disposal of equipment, materials, and fluids.
3.15 DISPOSAL OF DAMAGE SIGNS AND POSTS
The CONTRACTOR shall deliver damaged posts and signs to CITY's Public Works Services
Center and properly place in the specified dumpsters. At no time shall the CONTRACTOR
overload the dumpster above the fill line
3.16 Special Tools and Training
CONTRACTOR shall provide for all special tools and training needed to efficiently meet the
minimum requirements of this project.
3.17 Efficient Operations
CONTRACTOR may be required by CITY to modify proposed approach for perceived efficiencies
or other general coordination reasons.
3.18 Public Relations
OM## 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 72 of 119
CONTRACTOR's positive interaction with CITY residents is essential to the success of this
Agreement. CONTRACTOR shall extend the utmost courtesy to CITY residents at all times.
CONTRACTOR shall make no statements or offer any information concerning CITY activities,
policies and procedures. All resident inquiries shall be directed to CITY.
3.19 Final Cleaning
A. Remove any temporary protection and facilities installed for protection of the work area
or equipment during construction.
B. Comply with regulations of authorities having jurisdiction and safety standards for
cleaning.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM## 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 73 of 119
SECTION 4
STANDARDS OF CONTRACTOR
4.1 Intent
CONTRACTOR is an independent CONTRACTOR and the individuals assigned to work for CITY
by CONTRACTOR shall be subject to the approval of CITY and shall not be CITY employees.
CONTRACTOR shall comply with all Federal, State and local laws, rules, practices and
regulations.
4.2 Facilities
CITY reserves the right to inspect CONTRACTOR'S facilities at any reasonable time, during
normal work hours, without prior notice to determine that CONTRACTOR has a bona fide place
of business and is a responsible CONTRACTOR.
4.3 Identification
CONTRACTOR will not use or create any badge containing CITY'S name, seal, logo, or any other
reference thereof for identification. CONTRACTOR shall use only a CITY issued identification
badge.
4.4 Experience
CONTRACTOR shall have a minimum of five (5) years of experience with the fabrication,
installation and repair of roadway traffic signage. PROPOSERS shall have been in continuous
operation for a minimum of the past five (5) years from the date that the RFP is issued and shall
have a resident branch office in Monroe, Miami -Dade, Broward or Palm Beach County, Florida.
PROPOSER shall be fully licensed with all required Federal, State, and Local government
licensestpermits.
4.5 Relationship Contact
CONTRACTOR shall maintain at a minimum one relationship contact for this contract who will
respond to specific CITY requests, twenty-four hours a day, seven days a week, including all
public holidays. The relationship contact shall be available by cellular telephone and shall be
expected to visit the work site as requested by CITY. The relationship contact shall be able to
manage all facets of the contract. The relationship contact must be fluent in English and have
excellent communication skills and be capable of directing all regular maintenance and
additional services and coordinating these with CITY. The relationship contacts shall use his/her
experience and training to prevent, detect and control adverse conditions by physically inspecting
the work area regularly.
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4.6 Subcontracting Work
A. Award of Subcontracts and other contracts for Portions of Work must be preapproved by
the CITY. As part of this Agreement, CONTRACTOR shall furnish in writing to CITY the
names of persons or entities proposed for each principal portion of the work. In addition,
CONTRACTOR shall not change subcontractors performing any portion of the work
required by this Agreement without prior written approval by CITY.
CONTRACTOR shall be responsible and liable to CITY for all work performed by the
Subcontractors or their employees, agents or CONTRACTORS, pursuant to this
Agreement.
B. Sub -Contractual Relations: By listing the names of each as set forth in Exhibit "C", attached
hereto and made a part hereof, CONTRACTOR shall require each subcontractor, to extent
the work to be performed by the subcontractor, to be bound to CONTRACTOR by terms
of the Agreement, and to assume toward CONTRACTOR all the obligations and
responsibilities which CONTRACTOR, by this Agreement, assumes toward CITY. Each
sub -contract agreement, between CONTRACTOR and a subcontractor, shall preserve and
protect the rights of CITY under the Agreement with respect to the work to be performed
by the subcontractor so that subcontracting thereof shall not prejudice the rights, and shall
allow the subcontractor, unless specifically provided otherwise in the sub -contract
agreement, the benefit of all rights, remedies and redress against CONTRACTOR that
CONTRACTOR, by the Agreement, has against CITY.
C. Where appropriate, CONTRACTOR shall require each subcontractor to enter into similar
agreements with the subcontractors. CONTRACTOR shall make available to each
proposed subcontractor, prior to the execution of the sub -contract agreement, copies of
the Agreement to which the subcontractor shall be bound, and upon written request of
the subcontractor, identify to the subcontractor terms and conditions of the proposed sub-
contract agreement which may be at variance with the Agreement. Subcontractors shall
similarly make copies of applicable portions of such documents available to their
respective proposed subcontractors.
4.7 Drug -Free Workplace
CONTRACTOR shall have implemented and maintain a drug -free workplace program, in
accordance with Section 287.087, Florida Statutes.
4.8 Transition Plan
CONTRACTOR shall provide a detailed description of how services will be transitioned under
CITY'S current Agreement to CONTRACTOR. CONTRACTOR is responsible for minimizing any
negative impacts to CITY by ensuring a smooth and orderly transition of service.
Prior to the termination of this Agreement, CONTRACTOR shall use its best efforts to ensure a
smooth and orderly transition of service.
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4.9 Adherence to CITY Policy
CONTRACTOR assigned to handle the Roadway Traffic Signage Maintenance Services for the
CITY shall adhere to all CITY policies, procedures and protocols.
4.10 Disclosure of Relationships
CONTRACTOR agrees to give CITY written notice of any Relationship, as defined herein, that
CONTRACTOR enters into with CITY or any of its districts, its elected or appointed officials, its
employees or agents, during the period of this Agreement.
A "Relationship" for the purpose of this Section shall include but not be limited to
employer/employee, consultant, CONTRACTOR, sub -contractor, associate, officer, partnership,
joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift
donor/recipient in excess of $100.00, past or on -going personal relationships, or joint
involvement with charitable/voluntary activities.
4.11 Repairs
CONTRACTOR shall obtain all permits and pay all required fees to any regulatory agency having
jurisdiction over any work required to repair or replace damages caused by the CONTRACTOR.
Upon completion of the repair work, evidence satisfactory to CITY shall be furnished to show
that all work has been performed in accordance with the applicable ordinances and code
requirements.
4.12 Compliance with Code of Federal Regulations And Federal Standards
All services purchased under this agreement shall be in accordance with the Title 2 Code of
Federal Regulations (CFR), Part 200 for Uniform Administrative Requirements, Cost Principle and
Audit Requirements for Federal Awards. In addition, CONTRACTOR shall adhere to all
applicable governmental standards, including, but not limited to those issued by the Occupation
Safety and Health Administration (OSHA), the National Institute of Safety Hazards (NIOSH), and
the National Fire Protection Association (NFPA). It shall be the responsibility of the
CONTRACTOR to be regularly informed to conform to any changes in standards issued by any
regulatory agencies that govern the commodities or services applicable to this agreement. A
complete copy of the CFR may be obtained by visiting the following website:
https:Hwww.ecfr.gov/cgi-bin/text-idx?tpI=/ecfrbrowse/TitIe02/2cfr200 main 02.tpl
A. CONTRACTOR shall assist in ensuring that the CITY is in compliance with Federal
Emergency Management Agency's (FEMA) reimbursement requirements, as set forth in
the CFR, §200.318, General Procurement Standards.
B. Pursuant to 2 C.F.R. Part 200.321, if subcontractors are utilized, the CONTRACTOR shall
take all necessary affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible. Affirmative steps must
include:
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1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development
Agency of the Department of Commerce or similar State and County agencies.
CONTRACTOR may use the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce. Websites and contact
information can be found at https://www.sba.gov/ and https://www.mbda.gov/.
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SECTION 5
STANDARDS OF LABOR AND MATERIALS
5.1 Labor
CONTRACTOR shall provide a sufficient number of supervised staff to complete the duties stated
within the Agreement.
CONTRACTOR shall at all times enforce strict discipline and good order among
CONTRACTOR'S employees/independent contractors and shall not employ on the work site an
unfit person or anyone not skilled in the work assigned to him. Subcontractors, employees or
independent contractors of CONTRACTOR whose work is unsatisfactory to CITY or who are
considered by CITY'S representatives as careless, incompetent, unskilled or disorderly or who
use threatening or abusive language to any person shall be dismissed from work upon notice
from CITY and shall not be employed to perform the work under this Agreement thereafter. No
liquor, alcoholic beverages, smoking or drugs shall be allowed on the site of the work.
A. Lead Technician: CONTRACTOR shall maintain a Lead Technician within the area at
during times of work. The Lead Technician shall be fluent in English and shall have
excellent communication skills and be capable of directing all work requested by the
CITY.
B. Employee/Independent Contractor or Subcontractor Performance: CONTRACTOR shall
employ (or contract with) personnel competent to perform the work specified herein.
CITY reserves the right to request the removal of a CONTRACTOR'S
employee/independent contractor or subcontractor from performing maintenance on the
CITY'S property where such employee's/independent contractor's or subcontractor's
performance or actions, are obviously detrimental to CITY.
C. Uniforms: CONTRACTOR shall provide all employees with color coordinated uniforms
that shall meet CITY'S public image requirements and be maintained by CONTRACTOR
so that all personnel are neat, clean and professional in appearance at all times. Non-
uniform clothing shall not be permitted.
D. For emergency response: The CONTRACTOR shall provide a primary point of contacts(s)
available on a twenty-four (24) hour basis, seven days per week. The CONTRACTOR
must be able to have equipment and personnel mobilized and ready to work within 4
hours of notification of an incident.
5.2 Equipment
A. Vehicles: CONTRACTOR shall keep all vehicles in good repair, free from leaking fluids,
properly registered, of uniform color and shall bear the company name on each side in
not less than 1 Y2" letters.
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B. Equipment Safety: CONTRACTOR shall keep all equipment in an efficient and safe
operating condition while performing work under this Agreement. Equipment shall have
proper safety devices maintained at all times while in use. If equipment does not contain
proper safety devices and/or is being operated in an unsafe manner, the CITY may direct
CONTRACTOR to remove such equipment and/or the operator until the deficiency is
corrected to the satisfaction of the CITY. CONTRACTOR shall be responsible and liable
for injury to persons and property caused by the operation of the equipment.
C. Storage: CITY shall not provide facilities at which CONTRACTOR may store equipment.
CONTRACTOR shall be responsible for mobilization and setup, and demobilization and
breakdown, each day.
D. Disposal of Signs: The CONTRACTOR shall be allowed to dispose of CITY owned
damaged signs in the CITY maintained roll -off container located at the Public Works
Services Center.
E. Utility Locates: The CONTRACTOR shall be responsible for coordinating utility location
in accordance with Florida law.
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SECTION 6
STANDARDS OF INSURANCE
6.1 Insurance
A. The policies of insurance shall be placed with insurance carriers authorized to do business
by the Insurance Department of the State of Florida, and meet a minimum financial rating
by AM Best Company of no less than "A- Excellent: FSC VII"; and,
B. CITY shall be named as additional insured on all policies except worker's compensation
and professional liability; and,
C. The additional insured status for CITY for general liability and for completed operations
shall be maintained for this Agreement for five years following the completion of all
services, pursuant to this Agreement or no more restrictive than the Insurance Services
office (ISO) form CG 2037 (07 04).
D. Any person, organization, vehicle, equipment, or other person or property fulfilling this
Agreement is bound by these insurance requirements.
E. Any changes to these specifications shall be at the sole and exclusive discretion of CITY.
F. CITY retains the right to review, at any time, policies, coverage, applicable
forms/endorsements, and amounts of insurance.
G. CONTRACTOR is responsible for repairing or replacing any damage to structures unless
otherwise addressed within this Agreement.
H. Insurance shall not be suspended, voided or canceled except after 30 calendar days prior
written notice by certified mail, return receipt requested, has been given to CITY, except
the cancellation notice period for non-payment of premiums shall be 10 days.
I. Certificates of Insurance evidencing conditions to this Agreement are to be furnished to
City of Weston, 17200 Royal Palm Boulevard, Weston, FL 33326.
J. Notices of Accidents (occurrences) and Notices of Claims associated with work being
performed under this Agreement shall be provided to CONTRACTOR's insurance
company and CITY as soon as practicable after notice to the insured.
K. CONTRACTOR agrees by entering into this written Agreement that the insurance policies
provided will include a Waiver of Subrogation in favor of CITY. CONTRACTOR'S
insurance shall be Primary and non-contributory.
L. CONTRACTOR is responsible for any costs or expenses below deductibles, self -insured
retentions, coverage exclusions or limitations, or coinsurance penalties.
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6.2 Specific Coverage
A. Workers Compensation: CONTRACTOR shall provide statutory workers' compensation,
and employer's liability insurance with limits of not less than $1,000,000 per employee
per accident, $1,000,000 disease aggregate and $1,000,000 per employee per disease
for all personnel on the worksite. If applicable, coverage for the Jones Act and United
States Longshoremen and Harborworkers exposures must also be included. Elective
exemptions shall NOT satisfy this requirement. Certificates evidencing an employee
leasing company as employer shall not be accepted). In the event CONTRACTOR has
"leased" employees, CONTRACTOR must provide a workers' compensation policy for
all personnel on the worksite. All documentation must be provided for review and
approval by CITY.
CONTRACTOR is responsible for the Workers' Compensation of any and all
subcontractors, including leased employees, used by CONTRACTOR. Evidence of
workers' compensation insurance coverage for all subcontractors, including leased
employees, must be submitted prior to any work being performed.
B. Commercial General Liability: CONTRACTOR shall provide evidence of commercial
general liability on an occurrence Form no more restrictive than ISO form CG 2010, and
including but not limited to bodily injury, property damage, contractual liability, products
and completed operations (without limitation), and personal and advertising injury
liability with limits of not less than $1,000,000 each occurrence, and $2,000,000 in
aggregate, covering all work performed under this Agreement.
C. Business Automobile Liability: CONTRACTOR shall provide evidence of business
automobile liability on a standard ISO form, and including per occurrence limits of not
less than $1,000,000 covering all work performed under this Agreement. Coverage shall
include liability for owned, non -owned & hired automobiles. If private passenger
automobiles are used in the business, they shall be commercially insured.
D. Umbrella or Excess Liability: Umbrella polices are acceptable to provide the total required
general liability, automobile liability, and employers' liability limits. Umbrella policies
shall also name CITY as additional insured and coverage shall be provided on a "Follow
Form" basis.
E. Subcontractors: Insurance requirements itemized in this contract and required of
CONTRACTOR shall be provided on behalf of all subcontractors to cover their operations
performed under this Agreement. CONTRACTOR shall be held responsible for any
modifications, deviations, or omissions in these insurance requirements as they apply to
subcontractors.
F. Pollution Liability: For sudden and gradual occurrences or claims made and in an amount
no less than $1,000,000 per claim and $3,000,000 in the aggregate arising out of work
performed under this Agreement, including but not limited to, all hazardous materials
identified under the Agreement.
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G. Professional Liability: CONTRACTOR shall obtain, at CONTRACTOR's expense, and
keep in effect during the term of this contract, Professional Liability Insurance covering
any damages caused by an error, omission or any negligent acts. Combined single limit
per occurrence shall not be less than $2,000,000.
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SECTION 7
STANDARDS OF PERFORMANCE & PAYMENT SECURITY
7.1 Security Requirements
A. Within fourteen days of the Notice of Award by City Commission, CONTRACTOR shall
furnish to CITY performance & payment security in an amount equal to $100,000.00 or
100% of the total annual cost whichever is greater as security for the faithful performance
of Agreement and for the payment of all persons performing labor and/or furnishing
materials in connection with the Agreement. Bond shall be submitted on Exhibit E
provided in the Agreement. The condition of this obligation is such that, if
CONTRACTOR shall promptly and faithfully perform the Agreement, make payments to
all claimants for all labor and material used or reasonably required for use in the
performance of the Agreement, and shall fully indemnify and save harmless CITY and its
agents and/or service provider for all costs and damages that may be suffered by reason
of failure to do so, then this obligation shall be null and void; otherwise it shall remain in
full force and effect.
B. The performance & payment security shall be in the form of a cashier's check payable to
"City of Weston" and drawn on a bank, authorized to do business in the State of Florida,
or a surety bond issued by a surety company meeting the qualifications stated in this
Section. A copy of the cashier's check or surety bond shall be attached as Exhibit E.
C. The surety company issuing the surety bond shall fulfill each of the following provisions,
and CONTRACTOR shall provide evidence to document such fulfillment:
1. The surety company is licensed to do business in the State of Florida.
2. The surety company holds a valid certificate of authority, authorizing it to write
surety bonds in the State of Florida.
3. The surety company has twice the minimum surplus and capital required by the
Florida Insurance Code at the time the Agreement is executed.
4. The surety company is otherwise in compliance with the provisions of the Florida
Insurance Code.
5. The surety company holds a valid certificate of authority issued by the United
States Department of the Treasury under 31 U.S.C. § 9304-9308.
6. The bond shall contain all provisions required by § 255.05, Florida Statutes, as
may be amended from time to time.
7. The bond shall be issued by a Florida resident agent.
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SECTION 7
STANDARDS OF PERFORMANCE & PAYMENT SECURITY
CONTINUED
8. A surety bond shall be executed by a surety company of recognized standing
having been in business with a record of successful continuous operation for at
least five years.
9. The surety company shall meet a minimum financial rating by AM Best Company
of no less than "A- Excellent: FSC VII" and shall have at least a minimum
policyholders rating of A- Class VII or higher. In the event that the surety
company's rating shall drop, the surety company shall immediately notify CITY.
10. All surety companies are subject to review and approval by CITY and may be
rejected without cause. All bonds signed by an agency shall be accompanied by
a certificate of authority to act.
D. Duration of Security: Performance & payment security shall remain in force until
expiration. If the Agreement is terminated, they shall remain in force for one year from
the date of termination of this Agreement as protection to CITY against losses resulting
from improper performance of work under the Agreement that may appear or be
discovered during that period.
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SECTION 8
GENERAL CONDITIONS
8.1 Notice to Commence
No work shall commence until the Notice of Commencement is issued by CITY.
8.2 Exemption Prohibition
CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting any
provisions of this Agreement.
8.3 Failure to Comply with Provisions
CONTRACTOR agrees and acknowledges that CONTRACTOR'S failure to comply with any
provisions in this Agreement, including but not limited to failing to accurately complete any or
all attached forms and exhibits, may constitute a breach of this Agreement, and may result in
termination of this Agreement.
8.4 Additional Services
If it should become necessary for CITY to request CONTRACTOR to render any additional
services to either supplement the services described in the Agreement or to perform additional
work, such additional work shall be performed only if set forth in an amendment to this
Agreement. Any such additional work shall be by mutual agreement of both parties, negotiated
as to price, and approved by action of City Commission.
8.5 Compensation
A. The amount of compensation payable by CITY to CONTRACTOR shall be based upon
the prices as set forth in Exhibit B, attached hereto and made a part hereof, which amount
shall be accepted by CONTRACTOR as full compensation for all 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 Agreement.
B. CONTRACTOR may submit an invoice for compensation, developed and agreed upon
by 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 previously. Each statement shall
show the proportion of the guaranteed maximum payment that has been expended
through previous billings.
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C. Notwithstanding any provision of this Agreement to the contrary, the City Manager may
withhold, in whole or in part, payment to the extent necessary to protect CITY from loss
on account of inadequate or defective work which has not been remedied or resolved in
a manner satisfactory to the City Manager. The amount withheld shall not be subject to
payment of interest by CITY.
D. Payment shall be made to CONTRACTOR in accordance with the local government
prompt payment act as stipulated in part VII of Chapter 218, Florida Statutes, by check,
electronic funds transfer (EFT), a -pay or p-card, or other method as determined by CITY
in its sole discretion.
E. Beginning on October 1, 2020 and each October 1S1 thereafter, CONTRACTOR shall
receive an annual adjustment in the rates that are part of the total Collection element of
rates established in the Rate Structure provided in Exhibit B. The adjustment to the
Collection element of costs in Exhibit B shall be based on the annual change in the April
Consumer Price Index - All Urban Consumers, Not Seasonally Adjusted, All Items, Miami -
Fort Lauderdale -West Palm Beach Area, 1982-84=100, Series ID: CUURS35BSA0,
CUUSS35BSAO (the "CPI"), except that the annual adjustment to the costs shall not
exceed 5% (increase or decrease). The CPI is available from the United States Department
of Labor, Bureau of Labor Statistics. The parties acknowledge that fuel costs are reflected
in the above referenced CPI, and therefore there shall be no additional fuel costs
adjustments.
8.6 Taxes
CONTRACTOR shall not be entitled to CITY'S tax-exempt benefits.
8.7 Verbal Agreements
A. No verbal agreement or conversation with any officer, agent, or employee of the CITY,
either before or after execution of the Agreement, shall affect or modify any of the terms
or obligations contained in the Agreement. Any such verbal agreement or conversation
shall be considered as unofficial information and in no way binding upon CITY or
CONTRACTOR.
B. The terms, conditions, and pricing of the Agreement can only be altered with an
amendment to the Agreement by action of City Commission.
8.8 No Contingency Fees
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.
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8.9 Assignment; Non -transferability of Agreement
A. The Agreement shall not be assigned or transferred. If CONTRACTOR is, or may be,
purchased by or merged with any other corporate entity during the Agreement, the
Agreement may be terminated as a result of such transaction. The City Manager shall
determine whether an Agreement is to be terminated in such instances.
B. If, at any time during the Agreement, filings, notices or like documents are submitted to
any regulatory agency concerning the potential acquisition of CONTRACTOR, or the sale
of a controlling interest in CONTRACTOR, or any similar transaction, CONTRACTOR
shall immediately disclose such information to CITY. Failure to do so may result in the
Agreement being terminated, at CITY'S sole discretion.
8.10 Compliance with Applicable Laws
CONTRACTORS are required to comply with all provisions of federal, state, county and local
laws, ordinances, rules and regulations that are applicable to the services being provided in this
Agreement. Lack of knowledge of CONTRACTOR shall in no way be a cause for relief from
responsibility or constitute a cognizable defense against the legal effects thereof.
8.11 Familiarity with Laws and Ordinances
CONTRACTOR is familiar with all federal, state and local laws, ordinances, rules and regulations
which affect those engaged or employed in the provision of such services, or equipment used in
the provision of such services, or which in any way affects the conduct of the provision of such
services; and no plea of misunderstanding will be considered on account of ignorance thereof. If
CONTRACTOR discovers any provisions in the Agreement that are contrary to or inconsistent
with any law, ordinance, or regulation, it shall report the issue to CITY in writing without delay.
8.12 Advertising
CONTRACTOR agrees not to use this Agreement as a part of any advertising or CONTRACTOR
sponsored publicity without the express written approval of City Manager or designee.
8.13 Indemnification
A. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney
selected by CITY, to defend CITY and any of its 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.
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B. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney
selected by CITY, to defend CITY and any of its 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.
C. CONTRACTOR shall indemnify CITY and any of its 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 Agreement.
CONTRACTOR shall defend and/or settle at its own expense any action brought against
CITY, any of its 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
Agreement, 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.
D. CONTRACTOR acknowledges that specific consideration has been paid or shall 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.
E. The provisions of this section shall survive the expiration or earlier termination of this
Agreement. To the extent considered necessary by City Manager and City Attorney, any
sums due to 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.
8.14 Miscellaneous
A. Ownership of Documents: Unless otherwise provided by law, any and all reports,
surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of CITY. Any compensation due to
CONTRACTOR shall be withheld until all documents are received as provided herein.
B. Audit and Inspection Rights, Retention of Records:
1. 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.
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2. 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. Such records and accounts shall
be kept after completion of the work provided for in this Agreement, for at a
minimum, the retention period required by the Florida Public Records Act
(Chapter 119, Florida Statutes) and by item 340, Disbursement Records: Detail,
of the State of Florida General Records Schedule GS1-SL for State and Local
Government Agencies, as may be promulgated from time to time. Such books and
records shall be available at all reasonable times for examination and audit by
CITY.
3. Such retention of such records and documents shall be at CONTRACTOR'S
expense.
4. If any audit has been initiated and audit findings have not been resolved at the
end of the retention period, 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.
5. CONTRACTOR shall respond to the reasonable inquiries of successor
CONTRACTORS and allow successor CONTRACTORS to receive working papers
relating to matters of continuing significance.
6. CONTRACTOR shall provide a complete copy of all working papers to CITY,
prior to final payment by CITY, in accordance with the Agreement for
CONTRACTOR'S services.
C. Public Records: CONTRACTOR shall comply with The Florida Public Records Act as
follows:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the service.
2. Upon request by the CITY's records custodian, provide the CITY 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 Chapter 119,
Florida Statutes, or as otherwise provided by law.
3. 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 Agreement term.
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Upon completion of the Agreement or in the event of termination of the
Agreement by either party, any and all public records relating to the Agreement
in the possession of CONTRACTOR shall be delivered by CONTRACTOR to
CITY, at no cost to CITY, within seven (7) days. All records stored electronically
by CONTRACTOR shall be delivered to the CITY in a format that is compatible
with the CITY's information technology systems. Once the public records have
been delivered to the CITY upon completion or termination of this Agreement,
CONTRACTOR shall destroy any and all duplicate public records that are exempt
or confidential and exempt from public record disclosure requirements.
5. CONTRACTOR'S failure or refusal to comply with the provisions of this Section
shall result in the immediate termination of this Agreement by the CITY.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 954-385-2000,
pbates@westonfl.org OR BY MAIL: City of Weston — Office of
City Clerk, 17200 Royal Palm Boulevard, Weston, FL 33326.
D. 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.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 90 of 119
E. 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, CONTRACTOR 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 an contract 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.
F. Third Parry 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.
G. Notices: Whenever either party desires to give notice to the other, such notice shall 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/CEO
City of Weston
17200 Royal Palm Boulevard
Weston, FL 33326
DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 91 of 119
With a copy to:
Jamie Alan Cole, Esq.
City Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
200 East Broward Boulevard, Suite 1900
Fort Lauderdale, FL 33301
CONTRACTOR:
H. 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.
1. 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.
2. In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written Agreement, from having any conflicts within the
meaning of this section.
I. 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.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance services Page 92 of 119
). 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 days after the finding
by the court becomes final.
K. 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 express 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.
L. Priority of Provisions: If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any form and 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 Sections 1 through 8 of this Agreement shall
prevail and be given effect.
M. Applicable Law and Venue: Attorney's Fees and Costs: This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State 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 any action to
enforce this Agreement shall be in Broward County, Florida. The parties expressly waive
all rights to trial by jury for any disputes arising from or in any way connected with this
Agreement. The parties understand and agree that this waiver is a material Agreement
term. This Agreement is not subject to arbitration. If any 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.
N. 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.
O. Prior Agreements: This Agreement and its attachments constitute the entire agreement
between CONTRACTOR and CITY, and this document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable
to the matters contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject 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 Section7.17 (N.) Amendments above.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 93 of 119
P. Incorporation by Reference: The truth and accuracy of each "Whereas" clause set forth
above is acknowledged by the parties. The attached Forms and Exhibits are incorporated
hereto and made a part of this Agreement.
Q. Multiple Originals: This Agreement may be fully executed in five (5) copies by all parties
each of which, bearing original signatures, shall have the force and effect of an original
document.
R. Headings: Headings are for convenience of reference only and shall not be considered in
any interpretation of this Agreement.
S. Binding Authority: Each person signing this Agreement on behalf of either party
individually warrants that he or she has 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.
T. 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.
U. 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
factual unit costs supporting the compensation of this Agreement are accurate, complete,
and current at the time of contracting.
V. Non -Appropriation of Funds: In the event no funds or insufficient funds are appropriated
and budgeted or are otherwise unavailable in any fiscal year for payments due under this
Agreement, then CITY, upon written notice to CONTRACTOR of such occurrence, shall
have the unqualified right to terminate this Agreement without any penalty or expense to
CITY.
W. Default: In the event of a default by CONTRACTOR, CONTRACTOR shall be liable for
all damages resulting from the default. CITY may take advantage of each and every
remedy specifically existing at law or in equity. Each and every remedy shall be in
addition to every other remedy specifically given or otherwise existing and may be
exercised from time to time as often and in such order as may be deemed expedient by
CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed
to be a waiver of the right to exercise any other remedy. CITY's rights and remedies as set
forth in this Agreement are not exclusive and are in addition to any other rights and
remedies available to CITY in law or in equity.
DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 94 of 119
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 95 of 119
None.
SECTION 9
SPECIAL CONDITIONS
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 96 of 119
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07
TRACE DEVELOPMENT
FOR
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 , 2019;
and authorized to execute same.
ATTEST:
Patricia A. Bates, MMC, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of Weston only:
By:
Jamie Alan Cole, City Attorney
day of , 2019
CITY OF WESTON, through its City Commission
By:
By:
Daniel). Stermer, Mayor
day of , 2019
John R. Flint, City Manager /CEO
day of , 2019
(CITY SEAL)
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 97 of 119
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN TRACE DEVELOPMENT
DISTRICT, BONAVENTU RE DEVELOPMENT DISTRICT, AND FOR
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
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 , 2019;
and authorized to execute same.
ATTEST:
Patricia A. Bates, MMC, City Clerk
INDIAN TRACE DEVELOPMENT DISTRICT
By:
Daniel J. Stermer, Mayor
day of , 2019
John R. Flint, City Manager /CEO
Approved as to form and legality day of , 2019
for the use of and reliance by the
City of Weston only:
(CITY SEAL)
By:
Jamie Alan Cole, City Attorney
day of , 2019
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 98 of 119
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07
TRACE DEVELOPMENT
FOR
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 , 2019;
and authorized to execute same.
ATTEST:
Patricia A. Bates, MMC, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of Weston only:
By:
Jamie Alan Cole, City Attorney
day of 12019
BONAVENTURE DEVELOPMENT DISTRICT
By:
By:
Daniel J. Stermer, Mayor
day of , 2019
John R. Flint, City Manager /CEO
day of , 2019
(CITY SEAL)
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 99 of 119
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA 1NDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT AND FOR ROADWAY
TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
By:
WITNESSES:
Signature
Print Name
Signature
Print Name
day of , 2019
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 100 of 119
SECTION 10
EXHIBITS FORMS
The exhibits located in this section of the Agreement shall be submitted by the successful
PROPOSERICONTRACTOR after the award of the Agreement (at the time specified herein).
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 101 of 119
lk■ Q
CERTIFICATE OF INSURANCE
ATTACH CERTIFICATE OF INSURANCE
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 102 of 119
EXHIBIT B
FEE SCHEDULE
CONTRACTOR offers the following fee for providing all labor, materials, maintenance of traffic and
equipment to perform Traffic Signage Maintenance Services in accordance with the Scope of Work and
terms of the Agreement. The quantities below are annual estimates ONLY and not a euaranteed amount.
item
;.
Descripton
UnitUmt
Estimated .
Price_ .
Total
_........:... :..
Quantity.:
Manufacture and installation of Primary Sign
Type A Post per details shown Figure 3.4-A:
Al
14'-2" height with two street name signs
each
20
perpendicular with blades & backing plate for
35 MPH. Does NOT include regulatory signs
shown.
Manufacture and installation of Primary Sign
Type A-1 Post per details shown Figure 3.4-A-
A2
1 :12'-0" height with two street name signs
each
20
perpendicular with blades & backing plate for
35 MPH. Does NOT include regulatory signs
shown.
Manufacture and installation of Sign Type B
A3
Post per details shown Figure 3.4-I3: 12'-0"
each
20
Post as shown with two street name signs
perpendicular all with backing late.
Additional Cost over Item 1 or 2 for street
each
A4
name signs for specified for roads 40MPH or
40
greater. See detail in Figure 3.4-A.
Manufacture and installation of Sign Type C
A5
Post per details shown Figure 3.4-C: 12'-0"
each
100
Post as shown. Does NOT include regulatory
signs shown.
Manufacture and installation of Sign Type D
A6
Posts per details shown Figure 3.4-D: Includes
each
40
Double Posts 9'-V high as shown. Does NOT
include signs shown.
Manufacture and installation of Sign Type E
Post per details shown Figure 3.4-E: 12'-0"
each
A7
Post as shown. 5"x5" Plain 12'-0" High Post
100
(No mid -height collars, No "W"). Does NOT
include re ulato signs shown.
Manufacture and installation of Sign Type F
Post per details shown Figure 3.4-F: 12'-0"
each
A8
Post as shown. 4"x4" Plain 12'-0" High Post
40
(No collars for entire post, No "W", no outer
base). Does NOT include regulatory signs
Labor and equipment cost for removal of
damaged sign blade and backing plate only,
each
A9
any size, prior to installation of new sign blade
100
and backing plate on existing post(s). ANY
SIZE. Minimum work order 10 locations.
DM#t 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 103 of 119
#ern
Description
Unit
Estimated
Qu
Unit Price.
Total,
Labor and equipment cost for the removal of a
sign blade and labor (only) to replace of new
sign in its place, on an existing post(s). The
each
A10
rate applies to any size sign (up to a maximum
200
of 70"x30".) DO NOT INCLUDE material cost
for new sign blade. Minimum work order 10
locations.
Vertical re -alignment of (re -plumb) Single
each
Al
5"x5" (or smaller) post per location. Minimum
50
work order 10 locations.
Vertical re -alignment of (re -plumb) Double
each
Al2
5"x5" posts post per location. Minimum work
20
order 10 locations.
Removal of knocked down sign post and
A13
return to Public Services Center per instance
each
100
(for Double post signs rate shall be 1.5 times
A13)
Install temporary signage with temporary post
A14
per BCETD requirements within CITY
each
40
response requirements
On -site welding of existing dislodged collars
to posts per side of post. CONTRACTOR to
A15
utilize existing aluminum angle collar
each
200
supplied by CONTRACTOR. Minimum work
order amount 10 posts locations.
On -site welding of dislodged collars to posts
A16
per side. CONTRACTOR to supply matching
Each
200
aluminum angle collar. Minimum work order
amount 10 post locations.
Supply and install "W" on existing posts on-
A17
site in the ROW and CITY facilities. Minimum
Each
200
work order amount 10 post locations.
Hourly rate labor rate for Sign Installation Two
A18
Person crew. Includes transportation and tools
hour
50
for installation of miscellaneous signs. DOES
NOT INCLUDE SIGN MATERIALS.
Inspection and field documentation of signs
for damage per sign post location in with
A19
accordance Section 3.6, Sign Inspections.
Each
400
Minimum work order amount of 100 sign post
locations.
Remove old existing sign blade and install
A20
new 24"X24" Weston AM Radio Sign Blades
Each
20
on existing sign post and existing back plate
on site.
Remove old existing sign blade and install
A21
new S1-1 School Advanced Warning (3606)
Each
20
on existing sign post and existing back plate
on site
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 104 of 119
Item
Description
Unit .
Estimated
.
Unit P,r�ce
Total
Quantity;
Remove old existing sign blade and install
A22
new S2-1 School Crossing (2400) on existing
Each
20
sign post and existing back plate on site
A23
Subtotal (Items Al thru A22):
INSTALLATION:.OF SIGN` BLADE WITH BACK "PLATE.` :
Manufacture and installation of sign blades and backing plates per the drawing and written requirements for
B
the following type and size of signs. The sizes below refer to the sign blades, the back plates dimensions
shall be larger and sized accordingly pursuant to the RFP requirements:
Guide Signs
B1
131-1 Single Destination (4208)
Each
1
B2
D1-2 Dual Destination (5400)
Each
1
B3
D11-1 Bike Route (30x24)
Each
10
D3-2 Advance Street Name (aka Next
64
Intersection Ahead) Signs - 70" X 30". D3-
Each
40
2 signs of different dimensions will be
adjusted pro rata by the square foot).
B5
139-2 Hospital (24x24)
Each
5
B6
N11-1 Interstate Route Guide Sign (24x24)
Each
5
B7
M3- Series Cardinal Directional Signs
Each
5
(24x12)
B8
M4-11 Bike Route Supplemental Plaque
Each
1
(24x8)
B9
M6-1a Diagonal Arrow Auxiliary (21x15)
Each
5
B10
M6-3a Directional Arrow Auxiliary
Each
1
(21 x15)
School Signs
B11
FTP-30-06 School Days Time (18x18)
Each
5
B12
FTP-30-06 School Speed Limit (18x24)
Each
5
B13
FTP-85-06 Official Use Only (12x18)
Each
2
B14
S1-1 School Advanced Warning (3606)
Each
4
B15
S2-1 School Crossing (24x30)
Each
4
DM# 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 105 of 119
Item
Description
Untt
Estitriated
Unit Price
Total'
Quantity
B16
S4-1 Time to Time Am Time to Time PM
Each
4
(24x48)
B 17
S4-3 School (2400)
Each
4
B18
S5-1 School Speed Limit XX When
Each
4
Flashing (24x48)
B19
S5-2 End School Zone (2400)
Each
4
Re ula,
ory Signs
B20
OM-1 Object Marker (12x12)
Each
20
B21
R1-1 Stop (3000)
Each
40
B22
R1-2 Yield (36x36x36)
Each
5
B23
R1-3 4-way (12x6)
Each
4
B24
R1-4 All Way (18x6)
Each
4
B25
R10-13 Emergency Signal (36x24)
Each
4
B26
R10-20A Mon -Fri and Times (2400)
Each
2
B27
R10-7 Do Not Block Intersection
Each
4
B28
112-1 Speed Limit (24x24)
Each
20
B29
R3-1 No Right Turn (24x24)
Each
4
B30
R3-17 Bike Lane (3004)
Each
40
R3-17A Bike Lane Supplemental Plaques
Each
20
B31
(30x12)
B32
R3-2 No Leh Turn (24x24)
Each
4
B33
R3-3 No Turns (24x24)
Each
4
B34
R34 No U-Turn (24x24)
Each
10
B35
R3-5 Mandatory Lane Control (3006)
Each
4
B36
R3-5U U-Turn Only (3006)
Each
4
DM## 70976 A RFP No. 2019-07 Roadway Traffic Signage Maintenance Services Page 106 of 119
Item
. ' :
Descrtptron
. =
Umt
Estimated
; .
Unit Price
Total
Q�a„t�ty
B37
R3-7 Mandatory Movement Lane Control
Each
(30x30)
2
838
R3-9B Two Way Left Turn Only (2406)
Each
1
B39
R4-4 Begin Right Turn Lane Yield to Bikes
Each
(36x30)
4
B40
R4-7 Keep Right 1 (2400)
Each
20
B41
R4-7A Keep Right 2 (24x30)
Each
2
B42
R5-1 Do Not Enter (2400)
Each
4
B43
R5-1A Wrong Way (3000)
Each
2
B44
R6-1 One Way (3000)
Each
4
B45
117-1 No Stopping (12x18)
Each
4
B46
R74 No Standing (12x18)
Each
2
B47
R7-7 No Parking (i 2x18)
Each
4
B48
R8-3 No Parking Generic (2400)
Each
4
B49
W1-1 Turn (24x24)
Each
4
B50
W1-2 Curve (24x24)
Each
1
W1-7 Large Arrow (Two Directions)
Each
1
B51
(48x24)
B52
W11-1 Bicycle (24x24)
Each
4
B53
W11-11 Golf Cart (3000)
Each
2
B54
W11-12P Emergency Signal Ahead MOO)
Each
2
B55
W11-2 Pedestrian (30x30)
Each
3
B56
W11-8 Emergency Vehicle (30x30)
Each
4
B57
W14-1 Dead End (30x30)
Each
2
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 107 of 119
Item
` DescriEption
Unit
Estimated
Unit Price
Tota!
-:
B58
W14-2 No Outlet (3000)
Each
2
B59
W16-2a Distance Ahead (24x12)
Each
1
B60
W16-51? Advanced Arrow (24x18)
Each
4
B61
W16-6P Directional Arrow (24x18)
Each
4
B62
W16-7P Diagonal Arrow (24x12)
Each
4
B63
W16-9P Ahead (24x12)
Each
4
B64
W3-1 Stop Ahead (3606)
Each
2
B65
W3-2 Yield Ahead (3606)
Each
2
B66
W4-1 Merge (3606)
Each
2
B67
W4-2 Lane Ends (3606)
Each
1
B68
W9-1 Right Lane Ends (3000)
Each
1
B69
W9-2 Lane Ends Merge Left (3000)
Each
2
Subtotal (Items B1 thru B69):
B70
% Markup
Total
(+) or
Annual Est X 0 +I-
Description of Task
Annual Estimate
Discount (-)
(%))Item
E.g. for 12% markup
(Enter % and circle
10,000 X
plus or minus)
(1 +.12) — $12,000
For specialized requests from the CITY
using materials NOT described in items in
C1
A, B and D of Exhibit B - Fee Schedule,
$10,000
the CONTRACTOR shall provide a %
markup or discount on materials
GRAND TOTAL (ITEM A23 + ITEM B70 + ITEM C-1):
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 108 of 119
(Continued)
EXHIBIT B
FEE SCHEDULE
UNIT PRICES FOR MATERIALS
The CONTRACTOR offers the following unit prices for providing the items below on an as needed
basis as requested by the CITY.
Item
No.
Description
Unit
Cost
($/Unit)
D1
OM-1 Object Marker (12x12)
EACH
R1-1 Stop (3000)
EACH
D2
R1-2 Yield (360606)
EACH
D3
OM-1 Object Marker (12x12)
EACH
D4
R2-1 Speed Limit (24x24)
EACH
DS
R3-1 No Right Turn (24x24)
EACH
D6
R3-17 Bike Lane (30x34)
EACH
D7
R3-17A Bike Lane Supplemental Plaques (30x12)
EACH
D8
R2-1 Speed Limit (24x24)
EACH
D9
FTP-30-06 School Days Time 0 8x18)
EACH
D10
FTP-30-06 School Speed Limit (18x24)
EACH
Dil
FTP-85-06 Official Use Only (12x18)
EACH
D12
S1-1 School Advanced Warning (3606)
EACH
D13
S2-1 School Crossing (2400)
EACH
D14
54-1 Time to Time Am Time to Time PM (24x48)
EACH
D15
54-3 School (2400)
EACH
D16
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 109 of 119
D3-2 Advance Street Name (aka Next Intersection
EACH
D17
Ahead) Signs - 70" X 30". D3-2 signs of different
dimensions will be adjusted pro rata by the square
foot).
D18
Weston Radio AM Signs (24"x 24")
EACH
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 110 of 119
EXHIBIT C
CONTRACTOR'S SUB -CONTRACTORS LIST
CONTRACTOR shall provide a comprehensive list of all sub -contractors (if any) and the work to be
performed.
Item#
Sub -Contractor Company Name and Employer
Identification Number
Work to be Performed
1
2
3
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 111 of 119
EXHIBIT D
TRANSITION PLAN
ATTACH TRANSITION PLAN
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 112 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
Any singular reference to CONTRACTOR, Surety, CITY or other party shall be considered plural where
applicable.
CONTRACTOR (name and address) SURETY (name & principal address):
CITY:
City of Weston
17200 Royal Palm Blvd.
Weston, Florida 33326
AGREEMENT
Date:
Amount: Services as needed. Not for a fixed amount.
Description: Roadway Traffic Signage Maintenance Services
Location: Citywide
City of Weston RFP NO. 2019-07
BOND
Date (not earlier than Agreement Date):
Amount: $100,000 or 100% of the total annual cost (whichever is greater)
Modifications to this Bond: None See Page(s)
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 113 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
CONTRACTOR AS PRINCIPAL SURETY
Signature
Name
Title
Signature
Name
Title
(Any additional signatures please include at the end of this form)
FLORIDA RESIDENT AGENT
Address
Phone
Fax
DM## 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 114 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
1. CONTRACTOR and the Surety, jointly and severally bind themselves, their heirs, executors,
administrators, successors and assigns to CITY for the performance of the Agreement, which is
incorporated herein by reference.
2. if CONTRACTOR performs the Agreement, the Surety and CONTRACTOR shall have no
obligation under this Bond, except to participate in conferences.
3. If there is no CITY Default, the Surety's obligation under this Bond shall arise after:
A. CITY has notified CONTRACTOR and the Surety at its address described in paragraph 10
below that CITY is considering declaring a CONTRACTOR Default and has requested
and attempted to arrange a conference with CONTRACTOR and the Surety to be held
not later than 15 days after receipt of such notice to discuss methods of performing the
Agreement. If CITY, CONTRACTOR and the Surety agree, CONTRACTOR shall be
allowed a reasonable time to perform the Agreement, but such an agreement shall not
waive CITY'S right, if any, subsequently to declare a CONTRACTOR Default; and
B. CITY has declared a CONTRACTOR Default and formally terminated CONTRACTOR'S
right to complete the Agreement. Such CONTRACTOR Default shall not be declared
earlier than 20 days after CONTRACTOR and the Surety have received notice of such
termination; and
C. CITY has agreed to pay the Balance of the Agreement Price to the Surety in accordance
with the terms of the Agreement or to a CONTRACTOR selected to perform the
Agreement in accordance with the terms of the Agreement with CITY.
4. When CITY has satisfied the conditions of paragraph 3, the Surety shall promptly and at the
Surety's expense take one of the following actions:
A. Arrange for CONTRACTOR, with consent of CITY, to perform and complete the
Agreement; or
B. Undertake to perform and complete the Agreement itself, through its agents or through
independent CONTRACTORS; or
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 115 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
C. Obtain bids or negotiated proposals from qualified CONTRACTORS acceptable to CITY
for an Agreement for performance and completion of the Agreement, arrange for an
Agreement to be prepared for execution by CITY and CONTRACTOR selected with
CITY'S concurrence, to be secured with performance & payment bonds executed by a
qualified Surety equivalent to the bonds issued on the Agreement, and the Balance of the
Agreement Price incurred by CITY resulting from CONTRACTOR's default; or
D. Waive its right to perform and complete, arrange for completion, or obtain a new
CONTRACTOR acceptable to CITY and with reasonable promptness under the
circumstances:
i. After investigation, determine the amount for which it may be liable to CITY and,
as soon as practicable after the amount is determined, tender payment therefore
to CITY; or
ii. Deny liability in whole or in part and notify CITY citing reasons therefore.
5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety
shall be deemed to be in default on this Bond, 15 days after receipt of an additional written notice
from CITY to the Surety demanding that the Surety perform its obligations under this Bond, and
CITY shall be entitled to enforce any remedy available to CITY. If the Surety proceeds, without
proper notice to CITY, CITY shall be entitled to enforce any remedy available to CITY.
6. After CITY has terminated CONTRACTOR's right to complete the Agreement, and if the Surety
elects to act, then the responsibilities of the Surety to CITY shall not be greater than those of
CONTRACTOR under the Agreement, and the responsibilities of CITY to the Surety shall not be
greater than those of CITY under the Agreement. To the limit of the amount of this Bond, but
subject to commitment by CITY of the Balance of the Agreement Price to mitigation of costs and
damages on the Agreement, the Surety is obligated without duplication for:
A. The responsibilities of CONTRACTOR for correction of defective work and completion
of the Agreement;
B. Additional legal, design professional and delay costs resulting from CONTRACTOR's
Default, and resulting from the actions or failure to act of the Surety under paragraph 4;
and
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance services Page 116 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
C. Liquidated damages, or if no liquidated damages are specified in the Agreement, actual
damages caused by delayed performance or non-performance of CONTRACTOR.
7. The Surety shall not be liable to CITY or others for obligations of CONTRACTOR that are
unrelated to the Agreement, and the Balance of the Agreement Price shall not be reduced or set
off on account of any such unrelated obligations. No right of action shall accrue on this Bond to
any person or entity other than CITY or its heirs, executors, administrators or successors.
8. The Surety hereby waives notice of any change, including changes of time, to the Agreement or
to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction in the location in which the work or part of the work is located and shall be instituted
within two years after CONTRACTOR Default or within two years after CONTRACTOR ceased
working or within two years after the Surety refuses or fails to perform its obligations under this
Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10. Notice to the Surety, CITY or CONTRACTOR shall be mailed or delivered to the address shown
on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the work was to be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted here from and provisions conforming to
such statutory or other legal requirement shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not as a common law bond.
DM#F 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 117 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
DEFINITIONS
A. Balance of the Agreement Price: The total amount payable by CITY to CONTRACTOR
under the Agreement after all proper adjustments have been made including allowance
to CONTRACTOR of any amounts received or to be received by CITY in settlement of
insurance or other claims for damages to which CONTRACTOR is entitled, reduced by
all valid and proper payments made to or on behalf of CONTRACTOR under the
Agreement.
B. Agreement: The agreement between CITY and CONTRACTOR identified on the signature
page, including all Contract Documents and changes thereto.
C. CONTRACTOR Default: Failure of CONTRACTOR, which has neither been remedied
nor waived, to perform or otherwise to comply with the terms of the Agreement.
D. CITY Default: Failure of CITY, which has neither been remedied nor waived, to pay
CONTRACTOR as required by the Contract or to perform and complete or comply with
the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the
cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Signature
Name
Title
Signature
Name
Title
DM## 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 118 of 119
EXHIBIT F
SAMPLE POST SUBMISSION FORM
i . Proposers shall complete the required portion of this form and present upon the submittal and
delivery of Sample Post to the Public Works Services Center.
2. The CITY shall acknowledge receipt of the Sample Post by completing lines 6 and 7.
3. A copy of the signed Sample Post Submission, Exhibit F, shall be given to the Proposers.
4. Proposers shall submit the completed, signed, CITY acknowledged form and submit with the
RFP proposal package.
1. Name of
Proposer
2. Address of
Proposer
3. Proposer's
Signature
Signature
Date
4. Delivered to:
Public Works Services Center, 2599 South Post Road, Weston, Florida 33327
5. Delivered by:
Name
Signature
*****Official Use Only (Proposers shall not fill out below this line)
6. Accepted by
city
Name
Signature
7. City
Date/Time
Stamp
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 119 of 119
ATTACHMENT A
CONTRACT FOR ROADWAY TRAFFIC SIGN MAINTENANCE SERVICES
Thomas F. Pepe — 04-03-19
PART II
CITY OF WESTON CONTRACT WITH
LSJ CORPORATION (GRAPHPLEX
SIGNS)
Page 6 of 7
Executed Agreement, RFP No. 2019-07
Roadway Traffic Signage Maintenance Services
dated January 16, 2020
DM#73615
CITY OF WESTON, FLORIDA
BONAVENTURE DEVELOPMENT DISTRICT
INDIAN TRACE DEVELOPMENT DISTRICT
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP NO. 2019-07
GRAPHPLEX SIGNS
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP NO. 2019-07
SECTION 1: AGREEMENT
SECTION 2: ADDENDUM NO. 2 ISSUED OCTOBER 4, 2019
ADDENDUM NO. 1 ISSUED SEPTEMBER 19, 2019
CITY OF WESTON RFP NO. 2019-07
SECTION 3: CONTRACTOR'S PROPOSAL
SECTION 4: PAYMENT & PERFORMANCE BOND
INSURANCE CERIFICATE(S)
SECTION 5: RESOLUTION NO. 2019-149
SECTION 1
AGREEMENT
AGREEMENT
AMONG THE
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
AND
GRAPHPLEX SIGNS
FOR
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP NO. 2019-07
This Agreement is made and entered into the I LP4kl day of—� Ct I-AQ U4 . , 203among the City
of Weston, a Florida municipal corporation, Indian Trace Development(�ind District Bonaventure
Development District, (collectively "CITY") Graphplex Signs ("CONTRACTOR") for Roadway Traffic
Signage Maintenance Services ("Agreement"). References in this Agreement to "City Manager" shall be
meant to include his designee.
The following exhibits are incorporated herein and made a part of this Agreement:
Exhibit A: Certificate of Insurance
Exhibit B! Fee Schedule
Exhibit C: Contractor's Sub -Contractors List
Exhibit D: Transition Plan
Exhibit E: Performance & Payment Security
WITNESSETH:
WHEREAS, CITY solicited proposals from PROPOSERS to perform Roadway Traffic Signage Maintenance
Services; and
WHEREAS, proposals were evaluated and ranked by a Selection Committee and a recommendation was
made to the City Manager; and
WHEREAS, on November 18, 2019, CITY adopted Resolution No. 2019-149, which ratified or altered
Exhibit A Resolution No. 2019-XX Page 1 of 71
the ranking of proposals for Roadway Traffic Signage Maintenance Services and authorized the
appropriate CITY officials to execute an Agreement with the number one ranked PROPOSER Graphplex
Signs; and
WHEREAS, City Commission has selected CONTRACTOR to perform Roadway Traffic Signage
Maintenance Services, on an ongoing, or as needed basis, and at the sole discretion of CITY; and
WHEREAS, CITY and CONTRACTOR desire to enter into an Agreement whereby the duties and
obligations each to the other are set forth.
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:
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 2 of 71
SECTION 1
TERM AND TERMINATION
1.1 Term
The term of this Agreement shall begin on the date that it is fully executed and shall extend until
March 31, 2023 with two optional three (3) year renewal terms 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 1.2 of this Agreement.
1.2 Termination
A. This Agreement may be terminated for cause by action of the City Commission if
CONTRACTOR is in breach and has not corrected the breach within 30 days after written
notice from CITY identifying the breach, or for convenience by action of the City
Commission upon not less than 10 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 the City Manager
determines that termination is necessary to protect the public health, safety, or welfare.
B. This Agreement may be terminated for cause by CONTRACTOR if CITY is in breach and
has not corrected the breach within 60 days after written notice from CONTRACTOR
identifying the breach.
C. Termination of this Agreement for cause shall include but not be limited to, failure to
suitably perform the services, failure to continuously perform the services in a manner
calculated to meet or accomplish the objectives of CITY as set forth in this Agreement or
multiple breaches of the provisions of this Agreement notwithstanding whether any such
breach was previously waived or cured.
D. Notice of termination shall be provided in accordance with Section 8.14(G.) NOTICES of
this Agreement except that notice of termination by the City Manager which the 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 Section 8.15(G.)
NOTICES of this Agreement.
E. In the event this Agreement is terminated for convenience, upon being notified of CITY'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.
Exhibit A Resolution No. 2019-XX Page 3 of 71
F. In the event this Agreement is terminated, any compensation payable by CITY shall be
withheld until all documents are provided to CITY pursuant to the Agreement. In no event
shall CITY be liable to CONTRACTOR for any additional compensation, other than that
provided herein, or for any consequential or incidental damages.
G. This Agreement may be terminated by the CITY if the CONTRACTOR is found to have
submitted a false certification, Form 10, Scrutinized Companies, has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, has
been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged
in business operations in Cuba or Syria.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 4 of 71
SECTION 2
SCOPE OF WORK
2.1 Intent
The CONTRACTOR shall provide all required permits, labor, material, equipment and services
necessary for the fabrication, installation, maintenance and repair of roadway traffic signage
located on public rights -of -way and within CITY owned properties.
The CITY reserves the right to conduct investigations as it deems necessary, to determine the
ability of the selected CONTRACTOR(s) who shall perform the work or services. Information the
CITY deems necessary in order to make a determination, shall be provided by the CONTRACTOR
upon request.
2.2 CONTRACTOR shall be responsible for the following:
A. Installation of new traffic signs at new locations, in the right-of-way, CITY property and
parking lots as directed by the CITY, all in accordance with the requirements and
standards referenced in this RFP.
B. Repair of portions of existing traffic signs in the right-of-way all in accordance with the
requirements and standards referenced in this RFP. Repairs shall be in -place (on the site
at existing locations) or shop repaired and installed in the field.
C. Rapid installation of temporary traffic signage for critical downed signs.
D. Removal and replacement of existing traffic signs knocked down or severely damaged by
vehicular traffic or other means.
E. Installation of new signage in CITY Parks and other CITY Facilities.
F. Re-establish the vertical alignment of leaning street sign posts of signs dislodged from
vertical position by storms and hurricanes or other means.
G. Installation of temporary miscellaneous non -Weston standard traffic signs and
informational signage, as requested by the CITY.
H. Contractor shall provide, if requested by the CITY, a subcontractor to provide sign
retroreflectivity measurement using a retroref! ectometer.
1. Providing salvage value for damaged or destroyed metal signage materials as applicable.
J. Other various and signage related work and tasks as directed by the CITY not mentioned
above.
Exhibit A Resolution No. 2019-XX Page 5 of 71
2.3 Existing Locations
There are approximately 5,300 existing traffic signs throughout the CITY within the Rights -of -Way
and in CITY owned properties. A more detailed map of the CITY can be accessed at
httpsJ/www.Westonfl.org/trafficsigns. These are the typical roadway & street name signage and
other informational signage all design and mounted on posts and backing in accordance with
Weston Standards as shown in Section 3, STANDARDS OF WORK, of this RFP.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 6 of 71
SECTION 3
STANDARDS OF WORK
3.1 Level of Service
A. All traffic signs shall be installed per the requirements and standards referenced in this
RFP.
B. Signs are typical standard signs and object markers approved for use on streets, highways,
bikeways, and pedestrian crossings. Other signs include special word messages for
guidance information.
C. Each traffic signpost shall be dug by hand or other small equipment or hand tools means.
Digging using a bobcat machine or large equipment shall be prohibited. The Contractor
shall be responsible to repair any underground irrigation related pipes or conduits. The
CONTRACTOR shall utilize all new materials and shall not use any refurbished signs
unless authorized by the CITY.
D. Any traffic sign that is knocked down, damaged, or missing shall be replaced by the
CONTRACTOR with a temporary sign within 24 hours from time of request by the CITY.
E. Permanent new replacement signs must be installed within 18 calendar days from the
time a work order request is issued to the CONTRACTOR by the CITY.
F. CONTRACTOR shall provide sign repair and maintenance services to include but not
limited to in -place sign blade (sign face) repair and replacement; signpost re -plumbing
(straightening); backplate removal, replacement or straightening; in -place welding of
collars and back plates. Removal of existing signs for shop repair.
G. All work shall be warranted for a period of one year after the acceptance of the work by
the CITY. Except for sign blade minimum retroreflectivity per the MUTCD standards shall
be warranted for a period not less than two years. The date of approval, by the CITY, of
payment in full for said work shall be used as the acceptance date.
3.2 Sign Blade Standards
A. All new street signs installed by the CONTRACTOR shall be in accordance with the
Manual on Uniform Traffic Control Devices for Streets and Highways, or MUTCD. The
MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of
Federal Regulations (CFR), Part 655, Subpart F.
B. All new signs retroreflectivity materials shall be Type XI or in accordance with the latest
regulations of Broward County Engineering and Traffic Division (BCTED) and MUTCD.
Exhibit A Resolution No. 2019-XX Page 7 of 71
C. At no instance shall Sign vinyl material be less than diamond grade.
D. Existing sign blades free from damage on an otherwise damaged post, shall remain the
property of the CITY and re -utilized when possible or at the direction of the CITY.
E. The terminology "signs," "sign blades" and "sign face" are used interchangeably in this
RFP.
F. All sign (regulatory, school zones, guide and warning) blades on Weston style posts shall
be aluminum and as specified herein.
G. Signs shall be free from all defects and bubbles. The sign blades surface shall have a
warranty from free defects for a period of one year after date of installation. The
CONTRACTOR shall replace all sign blades that fail during the warranty period
H. All sign blades on Weston Style posts shall be first mounted to a back plate as described
herein. The back plates shall be a minimum of one inch larger that the sign blade on each
side and shall be of the same shape as the sign blade to which it is mounted.
I. All exposed bolts, bolts head, nuts and washers shall match the color of the adjacent
surface. E.g. Bolt head the face of a "Stop Sign" shall be painted and covered to match
the color of the Stop Sign face.
3.3 Permits
A. Where permits are required, the CONTRACTOR shall be responsible for obtaining the
permit and shall submit the invoice of the permit cost to the CITY for reimbursement.
3.4 City of Weston Style Traffic Posts Standards
Figures "A-1" — "A-7" (WHICH ARE NOT TO SCALE) specify the exact design, materials,
fabrication methods, and installation details. The CITY's Traffic Sign Standards have specific
requirements for the design and installation of the posts and back plate. These specifications shall
be strictly adhered to, all work shall be conducted in a manner designed to comply with and
completely fulfill both the intent and the long-term management requirements outlined in the
Local, State, and Federal permits.
A. Any reference to "acorn" style detail shall be "ball" style instead. Proposers shall inspect
any existing Weston style sign post in the CITY as an example.
B. Figure 3.4-A depicts a detail for a primary sign type 'A' 5"x5" post with stop sign and
secondary sign attached.
C. Figure 3.4-A-1 depicts a detail for a primary sign type A-1 51"x5" post with just a stop sign
attached.
D. Figure 3.4-B depicts a detail for a primary sign type B 5"x5" post with only the street
name sign blades attached.
E. Figure 3.4-C depicts details for typical secondary sign type C 5"x5" post with just one
main sign attached with collars and base collar.
Exhibit A Resolution No. 2019-XX Page 8 of 71
F. Figure 3.4-D depicts details for typical Double Post type D 5"x5" posts with collars and
base collars and announcing the next signalized intersection. Note: These signs are
generally located within the medians main roadways.
G. Figure 3.4-E depicts a detail for typical type E 5" x 5" post with one main sign attached
with no "W" bordered by collars and with a collar base.
H. Figure 3.4-F depicts a detail for a primary sign type E 4"x4" post with one main sign
attached on a plan post. No collars, no "W", no collar base.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 9 of 71
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Exhibit A Resolution No. 2019AX Page 15 of 71
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Exhibit A Resolution No. 2019-XX Page 17 of 71
3.5-A Sign Structure Repairs
The CONTRACTOR shall be responsible repairs and maintenance to the sign structure which
includes the posts, sign blade and back plate as directed by the CITY. Repairs and maintenance
include the following work.
A. The provide all labor, materials and equipment to repair of aluminum angle post collars
by on -site spot welding at post locations within the right-of-way and in CITY facilities area
and parking lots. In instances where collars can be found and re -used, the CONTRACTOR
shall utilize existing material.
B. When collars are missing, the CONTRACTOR shall manufacturer the collars and install
accordingly.
C. The CONTRACTOR shall remove damaged, bent or faded sign blades and/or sign back
plates as directed by the CITY.
D. The CONTRACTOR shall install replacement sign blades and back plate as directed by
the CITY.
3.5-13 Liquidated Damages
If, in the opinion of the City Manager there has been a breach of Agreement, the City Manager
shall notify the CONTRACTOR, in writing, specifying the basis and reason in which there has
been a breach of Agreement. In the event of a breach by CONTRACTOR, CONTRACTOR shall
be liable for liquidated damages as provided in this Section. Unless otherwise provided in this
Section 3.5, there shall be no cure period of time to avoid the consequences of a breach.
Liquidated damages not a penalty. CONTRACTOR agrees that the amount of liquidated damages
assessed pursuant to this Section 3.5 is reasonable and does not constitute a penalty. The parties
recognize the difficulty of proving the loss or damage suffered by the CITY due to CONTRACTOR's
breach. CONTRACTOR acknowledges and agrees that the amount of liquidated damages
approximate the loss anticipated at the time of execution of this Agreement.
A. Installation of Permanent Signs
Failure to comply with the provisions for the installation of new replacement signs within
the required 18 calendar day period following the issuance of a work order, shall result in
liquidated damages of One Hundred Dollars ($100) a day for each day of delay.
3.6 Sign Inspections
If requested by the CITY, the CONTRACTOR shall perform field inspections services to survey
signs and posts that are in need of repairs as described in Sign Structure Repairs. For this task, the
CITY shall request a minimum of 100 sign post locations on work orders. Double post signs count
as one location.
Exhibit A Resolution No. 2019-XX Page 18 of 71
Figure 3.5-A— Typical Damage to Post Collars — Requires field repairs by spot welding
Exhibit A Resolution No. 2019-XX Page 20 of 71
Figure 3.5•C— Typical Damage to Signs Structure
Figure 3.5-D — Cases of Improper manufacturer and installation
Post spraying of welds are not
acceptable. Painted areas around welds
shall not fade differently.
All exposed Bolt
heads, washers
and nuts shall
match the color
tj
Exhibit A Resolution No. 2019-XX Page 22 of 71
3.9 Re -Establishment of Vertical Alignment of Sign Posts
A. The CONTRACTOR shall furnish all labor, supervision, materials, equipment, supplies,
tools, MOT, and safety measures to re-establish vertical alignment of leaning street sign
posts at various locations throughout the CITY. The general scope of work for repairs
needed and re -installation includes but not limited to the following:
1. Preparation of site location prior to commencement of work including
establishment of any MOT.
2. Excavate around the sign base and remove the sign post without damage to the
post and the sign blade(s). Any damages to the sign will be the responsibility of
the CONTRACTOR to replace the sign.
3. CONTRACTOR shall remove the existing encasing around the excavated sign
posts by chipping or other means and prepare the post for re -installation at the
same location in accordance with the foundation detail for the sign post as
provided in Exhibit B. If the excavated hole to remove the sign is not large enough
for re -installation per the foundation detail, the CONTRACTOR is responsible for
additional excavation to facilitate the foundation as shown in the detail.
4. CONTRACTOR must take all precautions not to damage the surrounding
landscaping area. Any damages to the landscape will be the responsibility of the
Contractor to replace to existing or better conditions.
5. If CONTRACTOR needs to park in the swale area, CONTRACTOR shall use
plywood to drive or park to prevent damaging the swale.
6. In certain locations where MOT is needed, the CONTRACTOR is responsible to
provide the MOT.
7. CONTRACTOR must also take precautions not to damage the curbing around the
sign post.
8. The CITY reserves the right to ask the CONTRACTOR to move the sign post a few
feet if the current location is determined to be too close to traffic.
9. The CONTRACTOR shall employ a sufficient number of trained technicians so
that the work is completed on time as scheduled.
10. All work shall be performed using skilled professionals and shall be executed in
a workmanlike manner in accordance with best standards and practices of the
trade. Any repairs, if required, shall be repaired in kind by skilled professionals of
the trades involved at no additional cost to the CITY.
11. All existing landscape material is designated to remain. Contractor must take pre-
cautions not to damage sod and irrigation in the Swale areas and at CITY facilities.
Damaged sod and irrigation systems is the responsibility of the CONTRACTOR
and shall be replaced within 7 calendar days of being notified by the CITY. If
repairs are not completed to the satisfaction of the CITY, then the CITY will
compete repairs and deduct the cost from the contract amount.
Exhibit A Resolution No. 2019-XX Page 23 of 71
3.10 CONTRACTOR Use of Premises
Use of CITY -owned property during performance of work is limited as follows:
A. CONTRACTOR shall not encroach equipment or crews onto private property during
performance of work duties.
B. CONTRACTOR shall not infringe upon CITY's right to perform its own projects using its
own crews, or to employ separate CONTRACTORS on portions of the Work Area, or to
perform continuing work on portions of the project.
C. Perform all work in daylight hours unless CITY provides written authorization for night
work.
D. Do not work on Sundays or CITY defined holidays without CITY's written permission.
3.11 Protection of Existing Structures and Utilities
A. Unless otherwise provided, CONTRACTOR shall sustain in place and protect from
damage, poles, posts, water or gas mains, sewers or drains, conduits, service pipes,
sidewalks, curbs, sod, landscape, established desirable mitigation vegetation and other
structures or property in the vicinity of the work, whether over or underground.
CONTRACTOR's proposed prices shall include costs of remedial work or reinstatement
due to disturbance of existing services, structures and property made necessary by the
work.
B. CONTRACTOR shall rectify any damage to existing services, structures and property
caused by CONTRACTOR's staff or equipment without compensation.
C. CONTRACTOR shall ensure familiarity with the exact location of utilities and protect
them during work and assume liability for damage to them.
D. Property Damage
1. Observation of property damage prior to the commencement of work, whether
public or private, shall immediately be reported to CITY.
2. Property damage, whether public or private, caused by CONTRACTOR during
the course of the work shall be immediately reported to CITY, and repaired by
CONTRACTOR at the CONTRACTOR'S expense and at no cost to CITY or
property owner.
Exhibit A Resolution No. 2019-XX Page 24 of 71
3.12 Discovery and Notification
If CONTRACTOR discovers damages, vandalism or theft, CONTRACTOR shall immediately
notify CITY and shall file a police report of the occurrence.
3.13 Clean Up
CONTRACTOR shall be responsible on a daily basis to maintain a clean work site.
CONTRACTOR shall dispose of debris properly.
3.14 Disposal of CONTRACTOR Waste
CONTRACTOR shall be responsible for the disposal of all personal trash and job -related waste
items in a manner meeting all local, state and federal applicable laws, standards, codes and
regulations. This requirement shall be solely the CONTRACTOR's responsibility.
CONTRACTOR is responsible for all cost of disposal and any cleanup costs incurred due to
improper use, handling, or disposal of equipment, materials, and fluids.
3.15 DISPOSAL OF DAMAGE SIGNS AND POSTS
The CONTRACTOR shall deliver damaged posts and signs to CITY's Public Works Services
Center and properly place in the specified dumpsters. At no time shall the CONTRACTOR
overload the dumpster above the fill line
3.16 Special Tools and Training
CONTRACTOR shall provide for all special tools and training needed to efficiently meet the
minimum requirements of this project.
3.17 Efficient Operations
CONTRACTOR may be required by CITY to modify proposed approach for perceived efficiencies
or other general coordination reasons.
3.18 Public Relations
CONTRACTOR's positive interaction with CITY residents is essential to the success of this
Agreement. CONTRACTOR shall extend the utmost courtesy to CITY residents at all times.
CONTRACTOR shall make no statements or offer any information concerning CITY activities,
policies and procedures. All resident inquiries shall be directed to CITY.
3.19 Final Cleaning
A. Remove any temporary protection and facilities installed for protection of the work area
or equipment during construction.
Exhibit A Resolution No. 2019-XX Page 25 of 71
B. Comply with regulations of authorities having jurisdiction and safety standards for
cleaning.
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Exhibit A Resolution No. 2019-XX Page 26 of 71
SECTION 4
STANDARDS OF CONTRACTOR
4.1 Intent
CONTRACTOR is an independent CONTRACTOR and the individuals assigned to work for CITY
by CONTRACTOR shall be subject to the approval of CITY and shall not be CITY employees.
CONTRACTOR shall comply with all Federal, State and local laws, rules, practices and
regulations.
4.2 Facilities
CITY reserves the right to inspect CONTRACTOR'S facilities at any reasonable time, during
normal work hours, without prior notice to determine that CONTRACTOR has a bona fide place
of business and is a responsible CONTRACTOR.
4.3 Identification
CONTRACTOR will not use or create any badge containing CITY'S name, seal, logo, or any other
reference thereof for identification. CONTRACTOR shall use only a CITY issued identification
badge.
4.4 Experience
CONTRACTOR shall have a minimum of five (5) years of experience with the fabrication,
installation and repair of roadway traffic signage. PROPOSERS shall have been in continuous
operation for a minimum of the past five (5) years from the date that the RFP is issued and shall
have a resident branch office in Monroe, Miami -Dade, Broward or Palm Beach County, Florida.
PROPOSER shall be fully licensed with all required Federal, State, and Local government
licenses/permits.
4.5 Relationship Contact
CONTRACTOR shall maintain at a minimum one relationship contact for this contract who will
respond to specific CITY requests, twenty-four hours a day, seven days a week, including all
public holidays. The relationship contact shall be available by cellular telephone and shall be
expected to visit the work site as requested by CITY. The relationship contact shall be able to
manage all facets of the contract. The relationship contact must be fluent in English and have
excellent communication skills and be capable of directing all regular maintenance and
additional services and coordinating these with CITY. The relationship contacts shall use his/her
experience and training to prevent, detect and control adverse conditions by physically inspecting
the work area regularly.
Exhibit A Resolution No. 2019-XX Page 27 of 71
4.6 Subcontracting Work
A. Award of Subcontracts and other contracts for Portions of Work must be preapproved by
the CITY. As part of this Agreement, CONTRACTOR shall furnish in writing to CITY the
names of persons or entities proposed for each principal portion of the work. In addition,
CONTRACTOR shall not change subcontractors performing any portion of the work
required by this Agreement without prior written approval by CITY.
CONTRACTOR shall be responsible and liable to CITY for all work performed by the
Subcontractors or their employees, agents or CONTRACTORS, pursuant to this
Agreement.
B. Sub -Contractual Relations: By listing the names of each as set forth in Exhibit "C", attached
hereto and made a part hereof, CONTRACTOR shall require each subcontractor, to extent
the work to be performed by the subcontractor, to be bound to CONTRACTOR by terms
of the Agreement, and to assume toward CONTRACTOR all the obligations and
responsibilities which CONTRACTOR, by this Agreement, assumes toward CITY. Each
sub -contract agreement, between CONTRACTOR and a subcontractor, shall preserve and
protect the rights of CITY under the Agreement with respect to the work to be performed
by the subcontractor so that subcontracting thereof shall not prejudice the rights, and shall
allow the subcontractor, unless specifically provided otherwise in the sub -contract
agreement, the benefit of all rights, remedies and redress against CONTRACTOR that
CONTRACTOR, by the Agreement, has against CITY.
C. Where appropriate, CONTRACTOR shall require each subcontractor to enter into similar
agreements with the subcontractors. CONTRACTOR shall make available to each
proposed subcontractor, prior to the execution of the sub -contract agreement, copies of
the Agreement to which the subcontractor shall be bound, and upon written request of
the subcontractor, identify to the subcontractor terms and conditions of the proposed sub-
contract agreement which may be at variance with the Agreement. Subcontractors shall
similarly make copies of applicable portions of such documents available to their
respective proposed subcontractors.
4.7 Drug -Free Workplace
CONTRACTOR shall have implemented and maintain a drug -free workplace program, in
accordance with Section 287.087, Florida Statutes.
4.8 Transition Plan
CONTRACTOR shall provide a detailed description of how services will be transitioned under
CITY'S current Agreement to CONTRACTOR. CONTRACTOR is responsible for minimizing any
negative impacts to CITY by ensuring a smooth and orderly transition of service.
Prior to the termination of this Agreement, CONTRACTOR shall use its best efforts to ensure a
smooth and orderly transition of service.
Exhibit A Resolution No. 2019•XX Page 28 of 71
4.9 Adherence to CITY Polity
CONTRACTOR assigned to handle the Roadway Traffic Signage Maintenance Services for the
CITY shall adhere to all CITY policies, procedures and protocols.
4.10 Disclosure of Relationships
CONTRACTOR agrees to give CITY written notice of any Relationship, as defined herein, that
CONTRACTOR enters into with CITY or any of its districts, its elected or appointed officials, its
employees or agents, during the period of this Agreement.
A "Relationship" for the purpose of this Section shall include but not be limited to
employer/employee, consultant, CONTRACTOR, subcontractor, associate, officer, partnership,
joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift
donor/recipient in excess of $100.00, past or on -going personal relationships, or joint
involvement with charitable/voluntary activities.
4.11 Repairs
CONTRACTOR shall obtain all permits and pay all required fees to any regulatory agency having
jurisdiction over any work required to repair or replace damages caused by the CONTRACTOR.
Upon completion of the repair work, evidence satisfactory to CITY shall be furnished to show
that all work has been performed in accordance with the applicable ordinances and code
requirements.
4.12 Compliance with Code of Federal Regulations And Federal Standards
All services purchased under this agreement shall be in accordance with the Title 2 Code of
Federal Regulations (CFR), Part 200 for Uniform Administrative Requirements, Cost Principle and
Audit Requirements for Federal Awards. In addition, CONTRACTOR shall adhere to all
applicable governmental standards, including, but not limited to those issued by the Occupation
Safety and Health Administration (OSHA), the National Institute of Safety Hazards (NIOSH), and
the National Fire Protection Association (NFPA). It shall be the responsibility of the
CONTRACTOR to be regularly informed to conform to any changes in standards issued by any
regulatory agencies that govern the commodities or services applicable to this agreement. A
complete copy of the CFR may be obtained by visiting the following website:
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tp1
A. CONTRACTOR shall assist in ensuring that the CITY is in compliance with Federal
Emergency Management Agency's (FEMA) reimbursement requirements, as set forth in
the CFR, §200.318, General Procurement Standards.
B. Pursuant to 2 C.F.R. Part 200.321, if subcontractors are utilized, the CONTRACTOR shall
take all necessary affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible. Affirmative steps must
include:
Exhibit A Resolution No. 2019-XX Page 29 of 71
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development
Agency of the Department of Commerce or similar State and County agencies.
CONTRACTOR may use the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce. Websites and contact
information can be found at https://www.sba.gov/ and https://www.mbda.gov/.
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Exhibit A Resolution No. 2019-XX Page 30 of 71
SECTION 5
STANDARDS OF LABOR AND MATERIALS
5.1 Labor
CONTRACTOR shall provide a sufficient number of supervised staff to complete the duties stated
within the Agreement.
CONTRACTOR shall at all times enforce strict discipline and good order among
CONTRACTOR'S employees/independent contractors and shall not employ on the work site an
unfit person or anyone not skilled in the work assigned to him. Subcontractors, employees or
independent contractors of CONTRACTOR whose work is unsatisfactory to CITY or who are
considered by CITY'S representatives as careless, incompetent, unskilled or disorderly or who
use threatening or abusive language to any person shall be dismissed from work upon notice
from CITY and shall not be employed to perform the work under this Agreement thereafter. No
liquor, alcoholic beverages, smoking or drugs shall be allowed on the site of the work.
A. Lead Technician: CONTRACTOR shall maintain a Lead Technician within the area at
during times of work. The Lead Technician shall be fluent in English and shall have
excellent communication skills and be capable of directing all work requested by the
CITY.
B. Employee/Independent Contractor or Subcontractor Performance: CONTRACTOR shall
employ (or contract with) personnel competent to perform the work specified herein.
CITY reserves the right to request the removal of a CONTRACTOR'S
employee/independent contractor or subcontractor from performing maintenance on the
CITY'S property where such employee's/independent contractor's or subcontractor's
performance or actions, are obviously detrimental to CITY.
C. Uniforms: CONTRACTOR shall provide all employees with color coordinated uniforms
that shall meet CITY'S public image requirements and be maintained by CONTRACTOR
so that all personnel are neat, clean and professional in appearance at all times. Non-
uniform clothing shall not be permitted.
D. For emergency response: The CONTRACTOR shall provide a primary point of contacts(s)
available on a twenty-four (24) hour basis, seven days per week. The CONTRACTOR
must be able to have equipment and personnel mobilized and ready to work within 4
hours of notification of an incident.
5.2 Equipment
A. Vehicles: CONTRACTOR shall keep all vehicles in good repair, free from leaking fluids,
properly registered, of uniform color and shall bear the company name on each side in
not less than 1 1/7" letters.
Exhibit A Resolution No. 2019-XX Page 31 of 71
B. Equipment Safety: CONTRACTOR shall keep all equipment in an efficient and safe
operating condition while performing work under this Agreement. Equipment shall have
proper safety devices maintained at all times while in use. If equipment does not contain
proper safety devices and/or is being operated in an unsafe manner, the CITY may direct
CONTRACTOR to remove such equipment and/or the operator until the deficiency is
corrected to the satisfaction of the CITY. CONTRACTOR shall be responsible and liable
for injury to persons and property caused by the operation of the equipment.
C. Storage: CITY shall not provide facilities at which CONTRACTOR may store equipment.
CONTRACTOR shall be responsible for mobilization and setup, and demobilization and
breakdown, each day.
D. Disposal of Signs: The CONTRACTOR shall be allowed to dispose of CITY owned
damaged signs in the CITY maintained roll -off container located at the Public Works
Services Center.
E. Utility Locates: The CONTRACTOR shall be responsible for coordinating utility location
in accordance with Florida law.
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Exhibit A Resolution No. 2019-XX Page 32 of 71
SECTION 6
STANDARDS OF INSURANCE
6.1 Insurance
A. The policies of insurance shall be placed with insurance carriers authorized to do business
by the Insurance Department of the State of Florida, and meet a minimum financial rating
by AM Best Company of no less than "A- Excellent: FSC VII"; and,
B. CITY shall be named as additional insured on all policies except worker's compensation
and professional liability; and,
C. The additional insured status for CITY for general liability and for completed operations
shall be maintained for this Agreement for five years following the completion of all
services, pursuant to this Agreement or no more restrictive than the Insurance Services
office (ISO) form CG 2037 (07 04).
D. Any person, organization, vehicle, equipment, or other person or property fulfilling this
Agreement is bound by these insurance requirements.
E. Any changes to these specifications shall be at the sole and exclusive discretion of CITY.
F. CITY retains the right to review, at any time, policies, coverage, applicable
forms/endorsements, and amounts of insurance.
G. CONTRACTOR is responsible for repairing or replacing any damage to structures unless
otherwise addressed within this Agreement.
H. Insurance shall not be suspended, voided or canceled except after 30 calendar days prior
written notice by certified mail, return receipt requested, has been given to CITY, except
the cancellation notice period for non-payment of premiums shall be 10 days.
I. Certificates of Insurance evidencing conditions to this Agreement are to be furnished to
City of Weston, 17200 Royal Palm Boulevard, Weston, FL 33326.
). Notices of Accidents (occurrences) and Notices of Claims associated with work being
performed under this Agreement shall be provided to CONTRACTOR's insurance
company and CITY as soon as practicable after notice to the insured.
K. CONTRACTOR agrees by entering into this written Agreement that the insurance policies
provided will include a Waiver of Subrogation in favor of CITY. CONTRACTOR'S
insurance shall be Primary and non-contributory.
L. CONTRACTOR is responsible for any costs or expenses below deductibles, self -insured
retentions, coverage exclusions or limitations, or coinsurance penalties.
Exhibit A Resolution No. 2019-XX Page 33 of 71
6.2 Specific Coverage
A. Workers Compensation: CONTRACTOR shall provide statutory workers' compensation,
and employer's liability insurance with limits of not less than $1,000,000 per employee
per accident, $1,000,000 disease aggregate and $1,000,000 per employee per disease
for all personnel on the worksite. If applicable, coverage for the )ones Act and United
States Longshoremen and Harborworkers exposures must also be included. Elective
exemptions shall NOT satisfy this requirement. Certificates evidencing an employee
leasing company as employer shall not be accepted). In the event CONTRACTOR has
"leased" employees, CONTRACTOR must provide a workers' compensation policy for
all personnel on the worksite. All documentation must be provided for review and
approval by CITY.
CONTRACTOR is responsible for the Workers' Compensation of any and all
subcontractors, including leased employees, used by CONTRACTOR. Evidence of
workers' compensation insurance coverage for all subcontractors, including leased
employees, must be submitted prior to any work being performed.
B. Commercial General Liability: CONTRACTOR shall provide evidence of commercial
general liability on an occurrence Form no more restrictive than ISO form CC 2010, and
including but not limited to bodily injury, property damage, contractual liability, products
and completed operations (without limitation), and personal and advertising injury
liability with limits of not less than $1,000,000 each occurrence, and $2,000,000 in
aggregate, covering all work performed under this Agreement.
C. Business Automobile Liability: CONTRACTOR shall provide evidence of business
automobile liability on a standard ISO form, and including per occurrence limits of not
less than $1,000,000 covering all work performed under this Agreement. Coverage shall
include liability for owned, non -owned & hired automobiles. If private passenger
automobiles are used in the business, they shall be commercially insured.
D. Umbrella or Excess Liability: Umbrella polices are acceptable to provide the total required
general liability, automobile liability, and employers' liability limits. Umbrella policies
shall also name CITY as additional insured and coverage shall be provided on a "Follow
Form" basis.
E. Subcontractors: Insurance requirements itemized in this contract and required of
CONTRACTOR shall be provided on behalf of all subcontractors to cover their operations
performed under this Agreement. CONTRACTOR shall be held responsible for any
modifications, deviations, or omissions in these insurance requirements as they apply to
subcontractors.
F. Pollution Liability: For sudden and gradual occurrences or claims made and in an amount
no less than $1,000,000 per claim and $3,000,000 in the aggregate arising out of work
performed under this Agreement, including but not limited to, all hazardous materials
identified under the Agreement.
Exhibit A Resolution No. 2019-XX Page 34 of 71
G. Professional Liability: CONTRACTOR shall obtain, at CONTRACTOR's expense, and
keep in effect during the term of this contract, Professional Liability Insurance covering
any damages caused by an error, omission or any negligent acts. Combined single limit
per occurrence shall not be less than $2,000,000.
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Exhibit A Resolution No. 2019-XX Page 35 of 71
SECTION 7
STANDARDS OF PERFORMANCE & PAYMENT SECURITY
7.1 Security Requirements
A. Within fourteen days of the Notice of Award by City Commission, CONTRACTOR shall
furnish to CITY performance & payment security in an amount equal to $100,000.00 as
security for the faithful performance of Agreement and for the payment of all persons
performing labor and/or furnishing materials in connection with the Agreement. Bond
shall be submitted on Exhibit E provided in the Agreement. The condition of this
obligation is such that, if CONTRACTOR shall promptly and faithfully perform the
Agreement, make payments to all claimants for all labor and material used or reasonably
required for use in the performance of the Agreement, and shall fully indemnify and save
harmless CITY and its agents and/or service provider for all costs and damages that may
be suffered by reason of failure to do so, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
B. The performance & payment security shall be in the form of a cashier's check payable to
"City of Weston" and drawn on a bank, authorized to do business in the State of Florida,
or a surety bond issued by a surety company meeting the qualifications stated in this
Section. A copy of the cashier's check or surety bond shall be attached as Exhibit E.
C. The surety company issuing the surety bond shall fulfill each of the following provisions,
and CONTRACTOR shall provide evidence to document such fulfillment:
1. The surety company is licensed to do business in the State of Florida.
2. The surety company holds a valid certificate of authority, authorizing it to write
surety bonds in the State of Florida.
3. The surety company has twice the minimum surplus and capital required by the
Florida Insurance Code at the time the Agreement is executed.
4. The surety company is otherwise in compliance with the provisions of the Florida
Insurance Code.
5. The surety company holds a valid certificate of authority issued by the United
States Department of the Treasury under 31 U.S.C. § 9304-9308.
6. The bond shall contain all provisions required by § 255.05, Florida Statutes, as
may be amended from time to time.
7. The bond shall be issued by a Florida resident agent.
Exhibit A Resolution No. 2019-XX Page 36 of 71
SECTION 7
STANDARDS OF PERFORMANCE & PAYMENT SECURITY
CONTINUED
8. A surety bond shall be executed by a surety company of recognized standing
having been in business with a record of successful continuous operation for at
least five years.
9. The surety company shall meet a minimum financial rating by AM Best Company
of no less than "A- Excellent: FSC VII" and shall have at least a minimum
policyholders rating of A- Class VII or higher. In the event that the surety
company's rating shall drop, the surety company shall immediately notify CITY.
10. All surety companies are subject to review and approval by CITY and may be
rejected without cause. All bonds signed by an agency shall be accompanied by
a certificate of authority to act.
D. Duration of Security: Performance & payment security shall remain in force until
expiration. If the Agreement is terminated, they shall remain in force for one year from
the date of termination of this Agreement as protection to CITY against losses resulting
from improper performance of work under the Agreement that may appear or be
discovered during that period.
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Exhibit A Resolution No. 2019-XX Page 37 of 71
SECTION 8
GENERAL CONDITIONS
8.1 Notice to Commence
No work shall commence until the Notice of Commencement is issued by CITY.
8.2 Exemption Prohibition
CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting any
provisions of this Agreement.
8.3 Failure to Comply with Provisions
CONTRACTOR agrees and acknowledges that CONTRACTOR'S failure to comply with any
provisions in this Agreement, including but not limited to failing to accurately complete any or
all attached forms and exhibits, may constitute a breach of this Agreement, and may result in
termination of this Agreement.
8.4 Additional Services
If it should become necessary for CITY to request CONTRACTOR to render any additional
services to either supplement the services described in the Agreement or to perform additional
work, such additional work shall be performed only if set forth in an amendment to this
Agreement. Any such additional work shall be by mutual agreement of both parties, negotiated
as to price, and approved by action of City Commission.
8.5 Compensation
A. The amount of compensation payable by CITY to CONTRACTOR shall be based upon
the prices as set forth in Exhibit B, attached hereto and made a part hereof, which amount
shall be accepted by CONTRACTOR as full compensation for all 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 Agreement.
B. CONTRACTOR may submit an invoice for compensation, developed and agreed upon
by 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 previously. Each statement shall
show the proportion of the guaranteed maximum payment that has been expended
through previous billings.
Exhibit A Resolution No. 2019-XX Page 38 of 71
C. Notwithstanding any provision of this Agreement to the contrary, the City Manager may
withhold, in whole or in part, payment to the extent necessary to protect CITY from loss
on account of inadequate or defective work which has not been remedied or resolved in
a manner satisfactory to the City Manager. The amount withheld shall not be subject to
payment of interest by CITY.
D. Payment shall be made to CONTRACTOR in accordance with the local government
prompt payment act as stipulated in part VII of Chapter 218, Florida Statutes, by check,
electronic funds transfer (EFT), a -pay or p-card, or other method as determined by CITY
in its sole discretion.
E. Beginning on October 1, 2020 and each October 1" thereafter, CONTRACTOR shall
receive an annual adjustment in the rates that are part of the total Collection element of
rates established in the Rate Structure provided in Exhibit B. The adjustment to the
Collection element of costs in Exhibit B shall be based on the annual change in the
February Consumer Price Index - All Urban Consumers, Not Seasonally Adjusted, All
Items, Miami -Fort Lauderdale -West Palm Beach Area, 1982-84-100, Series ID:
CUURS35BSA0, CUUSS35BSAO (the "CPI"), except that the annual adjustment to the
costs shall not exceed 5% (increase or decrease). The CPI is available from the United
States Department of Labor, Bureau of Labor Statistics. The parties acknowledge that fuel
costs are reflected in the above referenced CPI, and therefore there shall be no additional
fuel costs adjustments.
8.6 Taxes
CONTRACTOR shall not be entitled to CITY'S tax-exempt benefits.
8.7 Verbal Agreements
A. No verbal agreement or conversation with any officer, agent, or employee of the CITY,
either before or after execution of the Agreement, shall affect or modify any of the terms
or obligations contained in the Agreement. Any such verbal agreement or conversation
shall be considered as unofficial information and in no way binding upon CITY or
CONTRACTOR.
B. The terms, conditions, and pricing of the Agreement can only be altered with an
amendment to the Agreement by action of City Commission.
8.8 No Contingency Fees
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.
Exhibit A Resolution No. 2019-XX Page 39 of 71
8.9 Assignment; Non -transferability of Agreement
A. The Agreement shall not be assigned or transferred. If CONTRACTOR is, or may be,
purchased by or merged with any other corporate entity during the Agreement, the
Agreement may be terminated as a result of such transaction. The City Manager shall
determine whether an Agreement is to be terminated in such instances.
B. If, at any time during the Agreement, filings, notices or like documents are submitted to
any regulatory agency concerning the potential acquisition of CONTRACTOR, or the sale
of a controlling interest in CONTRACTOR, or any similar transaction, CONTRACTOR
shall immediately disclose such information to CITY. Failure to do so may result in the
Agreement being terminated, at CITY'S sole discretion.
8.10 Compliance with Applicable Laws
CONTRACTORS are required to comply with all provisions of federal, state, county and local
laws, ordinances, rules and regulations that are applicable to the services being provided in this
Agreement. Lack of knowledge of CONTRACTOR shall in no way be a cause for relief from
responsibility or constitute a cognizable defense against the legal effects thereof.
8.11 Familiarity with Laws and Ordinances
CONTRACTOR is familiar with all federal, state and local laws, ordinances, rules and regulations
which affect those engaged or employed in the provision of such services, or equipment used in
the provision of such services, or which in any way affects the conduct of the provision of such
services; and no plea of misunderstanding will be considered on account of ignorance thereof. If
CONTRACTOR discovers any provisions in the Agreement that are contrary to or inconsistent
with any law, ordinance, or regulation, it shall report the issue to CITY in writing without delay.
8.12 Advertising
CONTRACTOR agrees not to use this Agreement as a part of any advertising or CONTRACTOR
sponsored publicity without the express written approval of City Manager or designee.
8.13 Indemnification
A. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney
selected by CITY, to defend CITY and any of its 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.
Exhibit A Resolution No. 2019-XX Page 40 of 71
B. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney
selected by CITY, to defend CITY and any of its 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.
C. CONTRACTOR shall indemnify CITY and any of its 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 Agreement.
CONTRACTOR shall defend and/or settle at its own expense any action brought against
CITY, any of its 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
Agreement, 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.
D. CONTRACTOR acknowledges that specific consideration has been paid or shall 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.
E. The provisions of this section shall survive the expiration or earlier termination of this
Agreement. To the extent considered necessary by City Manager and City Attorney, any
sums due to 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.
8.14 Miscellaneous
A. Ownership of Documents: Unless otherwise provided by law, any and all reports,
surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of CITY. Any compensation due to
CONTRACTOR shall be withheld until all documents are received as provided herein.
B. Audit and Inspection Rights, Retention of Records:
1. 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.
Exhibit A Resolution No. 2019-XX Page 41 of 71
2. 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. Such records and accounts shall
be kept after completion of the work provided for in this Agreement, for at a
minimum, the retention period required by the Florida Public Records Act
(Chapter 119, Florida Statutes) and by item 340, Disbursement Records: Detail,
of the State of Florida General Records Schedule GS1-SL for State and Local
Government Agencies, as may be promulgated from time to time. Such books and
records shall be available at all reasonable times for examination and audit by
CITY.
3. Such retention of such records and documents shall be at CONTRACTOR'S
expense.
4. If any audit has been initiated and audit findings have not been resolved at the
end of the retention period, 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.
5. CONTRACTOR shall respond to the reasonable inquiries of successor
CONTRACTORS and allow successor CONTRACTORS to receive working papers
relating to matters of continuing significance.
6. CONTRACTOR shall provide a complete copy of all working papers to CITY,
prior to final payment by CITY, in accordance with the Agreement for
CONTRACTOR'S services.
C. Public Records: CONTRACTOR shall comply with The Florida Public Records Act as
follows:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the service.
2. Upon request by the CITY's records custodian, provide the CITY 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 Chapter 119,
Florida Statutes, or as otherwise provided by law.
3. 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 Agreement term.
Exhibit A Resolution No. 2019-XX Page 42 of 71
4. Upon completion of the Agreement or in the event of termination of the
Agreement by either party, any and all public records relating to the Agreement
in the possession of CONTRACTOR shall be delivered by CONTRACTOR to
CITY, at no cost to CITY, within seven (7) days. All records stored electronically
by CONTRACTOR shall be delivered to the CITY in a format that is compatible
with the CITY's information technology systems. Once the public records have
been delivered to the CITY upon completion or termination of this Agreement,
CONTRACTOR shall destroy any and all duplicate public records that are exempt
or confidential and exempt from public record disclosure requirements.
5. CONTRACTOR'S failure or refusal to comply with the provisions of this Section
shall result in the immediate termination of this Agreement by the CITY.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 954-385-2000,
pbates(&westonfl.org OR BY MAIL: City of Weston — Office of
City Clerk, 17200 Royal Palm Boulevard, Weston, FL 33326.
D. 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.
Exhibit A Resolution No. 2019-XX Page 43 of 71
E. 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, CONTRACTOR 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 an contract 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.
F. 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.
G. Notices: Whenever either party desires to give notice to the other, such notice shall 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:
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 44 of 71
CITY: Donald P. Decker, City Manager/CEO
City of Weston
17200 Royal Palm Boulevard
Weston, FL 33326
With a copy to:
Jamie Alan Cole, Esq.
City Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
200 East Broward Boulevard, Suite 1900
Fort Lauderdale, FL 33301
CONTRACTOR: Carl Schwartz, President
Graphplex Signs
2830 N. 28st Terrace
Hollywood, FL 33020
H. 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.
1. 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.
2. In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written Agreement, from having any conflicts within the
meaning of this section.
Exhibit A Resolution No. 2019-XX Page 45 of 71
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.
). 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 days after the finding
by the court becomes final.
K. 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 express 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.
L. Priority of Provisions: If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any form and 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 Sections 1 through 8 of this Agreement shall
prevail and be given effect.
M. Applicable Law and Venue: Attorney's Fees and Costs: This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State 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 any action to
enforce this Agreement shall be in Broward County, Florida. The parties expressly waive
all rights to trial by jury for any disputes arising from or in any way connected with this
Agreement. The parties understand and agree that this waiver is a material Agreement
term. This Agreement is not subject to arbitration. If any party is required to enforce the
terms of this Agreement by court proceedings or otherwise, whether or not formal legal
action is required, each parry shall pay its own attorney's fees and costs.
N. 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.
Exhibit A Resolution No, 2019-XX Page 46 of 71
O. Prior Agreements: This Agreement and its attachments constitute the entire agreement
between CONTRACTOR and CITY, and this document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable
to the matters contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject 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 Section7.17 (N.) Amendments above.
P. Incorporation by Reference: The truth and accuracy of each "Whereas" clause set forth
above is acknowledged by the parties. The attached Forms and Exhibits are incorporated
hereto and made a part of this Agreement.
Q. Multiple Originals: This Agreement may be fully executed in five (5) copies by all parties
each of which, bearing original signatures, shall have the force and effect of an original
document.
R. Headings: Headings are for convenience of reference only and shall not be considered in
any interpretation of this Agreement.
S. Binding Authority: Each person signing this Agreement on behalf of either party
individually warrants that he or she has 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.
T. 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.
U. 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
factual unit costs supporting the compensation of this Agreement are accurate, complete,
and current at the time of contracting.
V. Non -Appropriation of Funds: In the event no funds or insufficient funds are appropriated
and budgeted or are otherwise unavailable in any fiscal year for payments due under this
Agreement, then CITY, upon written notice to CONTRACTOR of such occurrence, shall
have the unqualified right to terminate this Agreement without any penalty or expense to
CITY.
Exhibit A Resolution No. 2019-XX Page 47 of 71
W. Default: In the event of a default by CONTRACTOR, CONTRACTOR shall be liable for
all damages resulting from the default. CITY may take advantage of each and every
remedy specifically existing at law or in equity. Each and every remedy shall be in
addition to every other remedy specifically given or otherwise existing and may be
exercised from time to time as often and in such order as may be deemed expedient by
CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed
to be a waiver of the right to exercise any other remedy. CITY's rights and remedies as set
forth in this Agreement are not exclusive and are in addition to any other rights and
remedies available to CITY in law or in equity.
Exhibit A Resolution No. 2019-XX Page 48 of 71
None.
SECTION 9
SPECIAL CONDITIONS
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 49 of 71
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN TRACE DEVELOPMENT
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND GRAPHPLEX SIGNS FOR ROADWAY
TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
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 I %* day of`f 1 Ot�a� 201 �y
and authorized to execute same.
ATTEST:
Patricia A. Bates, MMC, City Clerk
Approved as to form and I
for the use of and reliance
City of Weston ony-)
M
Jamie Alan C
IQ`h
day of
Attorney
CITY OF WESo.egly'sioiT-
tCity Commission
By:
Danie
�D day of x. O-A%A-- u „ 20 asp
By: ) V�
Donald P. Decker, City Manager /CEO
I 4' day of �a�n-t-� , 20d.0
(CITY SEAL)
Exhibit A Resolution No. 2019-XX Page 50 of 71
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN TRACE DEVELOPMENT
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND GRAPHPLEX SIGNS FOR ROADWAY
TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
ATTEST:
ZDt .-�-a
Patricia A. Bates, MMC, District Clerk
Approved as to form and le ality
for the use of a lianc y the
City of Westpn on'
i
By:
Jamie Alan le, Distric
r 11
10+ day f�Ja Jw
INDIAN TRA D VELOPMENT DISTRICT
By: kz��
Danie e , r
fh
day of20 aZ
By: � V . V4L'
Donald P. Decker, District Manager /CEO
,I.h
day of 20
(CITY SEAL)
=`
'-Y
20 c,
Exhibit A Resolution No. 2019-XX Page 51 of 71
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN TRACE DEVELOPMENT
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND GRAPHPLEX SIGNS FOR ROADWAY
TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
ATTEST:
Patricia A. Bates, MMC, District Clerk
Approved as to form and legality
for the use of and reliance by,t e
City of Weston 94y:
m
/¢Vole, District Attorney
0 �djof
BONAVENT fA
DE LO MENT DISTRICT
By:
Daniel e , a1r
� �P4 day of V 20 3--0
By: V v,C. �------
D ald P. Decker, District Manager/CEO
N
4� day of , 20-0
(CITY SEAL)
Exhibit A Resolution No. 2019-XX Page 52 of 71
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT AND GRAPHPLEX SIGNS FOR ROADWAY TRAFFIC
SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
CONTRACTOR: GrapKpkx Signs
By:
2019
Exhibit A Resolution No. 2019-XX Page 53 of 71
SECTION 10
EXHIBITS FORMS
The exhibits located in this section of the Agreement shall be submitted by the successful
PROPOSER/CONTRACTOR after the award of the Agreement (at the time specified herein).
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019 XX Page 54 of 71
EXHIBIT A
CERTIFICATE OF INSURANCE
ATTACH CERTIFICATE OF INSURANCE
Exhibit A Resolution No. 2019•XX Page 66 of 71
EXHIBIT B
FEE SCHEDULE
CONTRACTOR offers the following fee for providing all labor, materials, maintenance of traffic and
equipment to perform Traffic Signage Maintenance Services in accordance with the Scope of Work and
terms of the Aereement. The auantitips helnw ara annual actimatac t•1Nt v nnel nnf n a,imr�r-% nea -nrv%e%6,.,►
Item :
Description
Unit
Estimated
Qi,aniity
Unit Price
Manufacture and installation of Primary Sign
Type A Post per details shown Figure 3.4-A:
Al
14 =2" height with two street name signs
each
20
—I q25f-�
perpendicular with blades & backing plate for
I
35 MPH. Does NOT include regulatory signs
shown.
Manufacture and installation of Primary Sign
Type A-1 Post per details shown Figure 3.4-A-
A2
1 :12'-0" height with two street name signs
each
20
�215?5 °�
5 • ov
perpendicular with blades & backing plate for
,Sao
35 MPH. Does NOT include regulatory signs
shown.
Manufacture and installation of Sign Type B
A3
Post per details shown Figure 3.4-8: 12'-0"
Post as shown with two street name signs
each
20
�t 285.00�14613DD-00
perpendicular all with backing late.
Additional Cost over Item 1 or 2 for street
each
A4
name signs for specified for roads 40MPH or
40
� 25 • DD
$ 151 p00 OD
greater. See detail in Figure 3.4-A.
Manufacture and installation of Sign Type C
A5
Post per details shown Figure 3.4-C: t 2'-0"
each
100
I ,
�I, 50'(q`t
$ 15o15L0q-DD
Post as shown. Does NOT include regulatory
signs shown.
Manufacture and installation of Sign Type D
A6
Posts per details shown Figure 3.4-D: Includes
each
40
Double Posts 9'--6" high as shown. Does NOT
include signs shown.
Manufacture and installation of Sign Type E
A7
Post per details shown Figure 3.4-E: 12'-0"
Post as shown. 5"x5" Plain 12'-0" High Post
each
100
$ ` 2DD 01
( 2D1 000• 00
(No mid -height collars, No "W"). Does NOT
i
include regulatory signs shown.
Manufacture and installation of Sign Type F
A8
Post per details shown Figure 3.4-F: 12'-OA
Post as shown. 4"x4" Plain 12.0" High Post
"W",
each
40
4� 4
L r b� • ��
(No collars for entire post, No no outer
base). Does NOT include regulatory signs
Labor and equipment cost for removal of
A9
damaged sign blade and backing plate only,
any size, prior to installation of new sign blade
each
100
1,
21 , QV
$ 2 1 �i�� • ��
and backing plate on existing post(s). ANY
SIZE. Minimum work order 10 locations.
Exhibit A Resolution No. 2019 XX Page 56 of 71
Item
Description
_Unit:imatcd
Qu3ntily `
Unit -Price ..
--Total:
-
Labor and equipment cost for the removal of a
sign blade and labor (only) to replace of new
A10
sign in its place, on an existing post(s). The
rate applies to any size sign (up to a maximum
each
200
of 70"x30".) DO NOT INCLUDE material cost
for new sign blade. Minimum work order 10
locations.
A11
Vertical re -alignment of (re -plumb) Single
5"x5" (or smaller) post per location. Minimum
each
50
'00
$ 9 i 15 D. DO
work order 10 locations.
Al2
Vertical re -alignment of (re -plumb) Double
S"xS" posts post per location. Minimum work
each
20
2,140 , 00
$ %w' oo
order 10 locations.
t
Removal of knocked down sign post and
A13
return to Public Services Center per instance
each
100
(� p
p�
(for Double post signs rate shall be 1.5 times
i out ,
A13)
A14
Install temporary signage with temporary post
per BCETD requirements within CiTY
each
40
response requirements
On -site welding of existing dislodged collars
to posts per side of post. CONTRACTOR to
A15
utilize existing aluminum angle collar
each
200
2L#5-
63, goo 00
supplied by CONTRACTOR. Minimum work
order amount 10 posts locations.
On -site welding of dislodged collars to posts
A16
per side. CONTRACTOR to supply matching
Each
200
$q46.j)0aluminum
$6qjDW.0D
angle collar. Minimum workorder
amount 10_post locations.
Supply and install "W" on existing posts on -
Al 7
site in the ROW and CITY facilities. Minimum
Each
200d
0
$(nl ()OD. {gyp
work order amount 10 post locations.
Hourly rate labor rate for Sign Installation Two
A18
Person crew. Includes transportation and tools
hour
50
2� D.
1015 00 •(��
for installation of miscellaneous signs. DOES
NOT INCLUDE SIGN MATERIALS.
Inspection and field documentation of signs
for damage per sign post location in with
A19
accordance Section 3.6, Sign Inspections.
Each
400
0 ,
$ OD -CO
Minimum work order amount of 100 sign post
i
locations.
Remove old existing sign blade and install
A20
new 24"X24" Weston AM Radio Sign Blades
Each
20
2
3�
t • 01)
on existing sign post and existing back plate
on site.
Remove old existing sign blade and install
A21
new S1-1 School Advanced Warning (36x36)
Each
20
on existing sign post and existing back plate
t
on site
Exhibit A Resolution No. 2019-XX Page 67 of 71
Item
Description:f;
Unit .:
�tt"11tcd
Quanc�ty
Unit'Price.
otai;;
Remove old existing sign blade and install
A22
new 52-1 School Crossing (2400) on existing
Each
20
. ��$'
f 200.
sign post and existing back plate on site
A23
Subtotal (Items All thru A22):
INSTALLATION 01F SIGN BLADE WITH :BACK'PLATE.
Manufacture and installation of sign blades and backing plates per the drawing and written requirements for
B
the following type and size of signs. The sizes below refer to the sign blades, the back plates dimensions
shall be larger and sized accordingly pursuant to the RFP requirements:
Guide Signs
B1
D1-1 Single Destination (42x18)
Each
62
D1-2 Dual Destination (54x30)
Each
1
1
B3
D11-1 Bike Route (30x24)
Each
10
$LIHI.51
$ W o L415 , 10
D3-2 Advance Street Name (aka Next
64
Intersection Ahead) Signs - 70" X 30". D3-
2 signs of different dimensions will be
Each
40
�rJ
r �5� ' Q�
adjusted pro rata by the square foot).
B5
D9-2 Hospital (2424)
Each
5
21 D02 • LP15
B6
M1-1 Interstate Route Guide Sign (24x24)
Each
5
$�DD -
62i 002. IP5
B7
M3- Series Cardinal Directional Signs
Each
5
$335.30
I, CD . 5 D
(24x12)
B8
M4-11 Bike Route Supplemental Plaque
Each
1
25
lQ • 2
(24x8)t?
B9
M6-1a Diagonal Arrow Auxiliary (21x15)
Each
5
$ ?
' 1-7 2.) • 9 p
B10
M6-3a Directional Arrow Auxiliary
Each
1
5LIH. 3F
Li 33
(21x15)
-
School
Signs
611
FTP 30-06 School Days Time (18x18)
Each
5
$ 332.
U Lei -75,
812
FTP 30-06 School Speed Limit (18x24)
Each
5
$ 3 7
s i 1 "1 3$ , n>
B13
FTP-85-06 Official Use Only 0 2x18)
Each
2
1 L915 H , 52-
B14
S1-1 School Advanced Warning (3606)
Each
4
4 51 05
$ 2 j DU8; - 2
B15
S2-1 School Crossing (2400)
Each
4
�'�. 51
$ f +-�� D, J
Page 105 of 119
Exhlb€t A Resolution No. 2019-XX Page 58 of 71
Item
Description
Unit .
Q ni�ty
: ; Unit Price
rTotal
B16
54-1 Time to Time Am Time to Time PM
(24x48)
Each
4
5�� . �1
.
` Z 1 3a Cpq
817
S4-3 School (2400)
Each
4
���7.5)
$! �qo• 04
B 18
55-1 School Speed Limit XX When
Flashing (24x48)
Each
4
rJ51. 91
3 21521 • (9 q
B 99
S5-2 End School Zone (2400)
Each
4
L 7, fjj
$ 1 t 790 d�
Re ul
ory Signs
B20
OM-1 Object Marker (12x12)
Each
20
3�7 • t,{
�� i ) L� 8' • gD
B21
R1-1 Stop (3000)
Each
40
L{(p3.�J�}
822
R1-2 Yield (36x36x36)
Each
5
-1 -05
$ 215g,5 . 25
B23
R1-3 4-way (12x6)
Each
4
V6.8 Li
$ 111 a 3.3(9
B24
R1-4 All Way (18x6)
Each
4
B25
R10-13 Emergency Signal (36x24)
Each
4
HW , 6j 5
$ 11 91 y • 2 D
B26
R10-20A Mon -Fri and Times (24x30)
Each
2
1z
$ l , DO .156
8 D, V ^
B27
R10-7 Do Not Block Intersection
Each
4
L491, I V
111 q I • D�
B28
112-1 Speed Limit (24x24)
Each
20
1(p
�,g55.20
B29
113-1 No Right Turn (2024)
Each
4
L •53
11U D2.12
830
113-17 Bike Lane QUA
Each
40
490 5(.0
$ 191(p22 • q0
631
R3-17A Bike Lane Supplemental Plaques
Each
20
3t91 q 1
4 -1r 3 5 9 O
(30x12)
B32
R3-2 No Left Turn (24x24)
Each
4
Li00•
$
B33
R3-3 No Turns (24x24)
Each
4
$1 [Da • 5 3
$ 11 Le d2 12—
B34
1134 No U-Tum (24x24)
Each
10
$40D.,,W5
.
� 1 W
B35
R3-5 Mandatory Lane Control (3006)
Each
4
19 O.5
$ 1 r -I UZ • 2.q
B36
R3-5U U-Turn Only (30x36)
Each
4
S q a D•,5(o
411 p LD 2.2.
Exhibit A Resolution No. 2019-XX Page 69 of 71
item,
Description
Unit
Esttmaced
Quantity
.Upit;Price
B37
113-7 Mandatory Movement Lane Control
(30x30)
Each
2
't
$4(95-39
• -1
$9Zc.P
B38
R3-9B Two Way Left Turn Only (24x36)
Each
1
639
R4-4 Begin Right Turn Lane Yield to Bikes
MOO)4
Each
I
� ob-z)(9
n i1
$ 1 ! q � 2 • �''"!
B40
R4-7 Keep Right 1 (24x30)
Each
20
3 q —I j • 51
$ 81 q50 , 2D
B41
R4-7A Keep Right 2 (24x30)
Each
2
14
ql a 5!
$@P5. O2-
B42
R5-1 Do Not Enter (24x30)
Each
4
y 151
$11190 ' 0q
B43
115-1A Wrong Way (3000)
Each
2
U3 3
1gZte•78'
844
116-1 One Way (3000)
Each
4
(Pg 65
$1, 91q, 7-0
B45
117-1 No Stopping 0 2x18)
Each
4
$5XI. J�f.$�,3D8-Lqq:
B46
R7-4 No Standing (12x1 S)
Each
2
320. 1(P
�0 c y • 32
847
117-7 No Parking (12x18)
Each
4
B48
RS 3 No Parking Generic (2400)
Each
4
$W L11 •
B49
W1-1 Turn (24x24)
Each
4
c d�.�J 3
1, Cov2.)2-
B50
W1-2 Curve (24x24)
Each
1
8 L4 00 , 5 3
$14 DU -153
B51
W1-7 Large Arrow (Two Directions)
Each
1
bM •g I
!
� �J�S 01
(48x24)
B52
W11-1 Bicycle (24x24)
Each
4
�D�, 5 3
, ,U 0I l 2
B53
W11-1 1 Golf Cart (30x30)
Each
2
��1�33g
�g2tv•-7 5�
B54
W11-12P Emergency Signal Ahead (3000)
Each
2
$40
B55
WI 1-2 Pedestrian (30x30)
Each
3
�3 , 3q
u• }
B56
W11-8 Emergency Vehicle QUA
Each
4
�p3, q
4 ! ��3• �
857
W14-1 Dead End MOO)
Each
2
$ ,aj 1
'4
Exhrblt A Resolution No. 2019 XX Page 60 of 71
Item
Description
Unit
Q� €ed
Unit Price
Total
B58
W14.2 No Outlet (3000)
Each
2
$q kp3 •29
$ Q 9Lp• -7 g
B59
W16-2a Distance Ahead (24x72)
Each
7
B60
W16-5P Advanced Arrow (24x78)
Each
4
$� .?, (�
! t 3� • �,�
B61
W16.6P Directional Arrow (2408)
Each
4
$ 314-7. LO0
D, tj
B62
W16-7P Diagonal Arrow (24x72)
Each
4
356.51D
j 13 2 •(��!
B63
W16-9PAhead (24x72)
Each
4
$355.50
$ ! ,
B64
W3.1 Stop Ahead (3606)
Each
2
„.0�
} , Dbq . D
B65
W3.2 Yield Ahead (3606)
Each
2
$51-7.0
1, u3H • I
866
W4-1 Merge (3606)
Each
2
5�51`? •�5
� 1r D&f• 1 o
B67
W4-2 Lane Ends (36x36)
Each
1
��,'•�
W-7-a5
868
W9-1 Right Lane Ends (30x30)
Each
7
1, �3. 3g
$ q (P5. 30)
B69
W9-2 lane Ends Merge Left (30x30)
Each
2
� • ��
$ 9 8 3 .9 2
B 70
Subtotal (items 81 thru B69):
$
wo Madmp
Total
(+) or
=Annual Est X (1+1-
Item
Description of TaskAnnual
Estimate
Discount ()
(�))
E.g for 42°b markup
tEnter % and circle
10,000 X
plus or minus)
(] +.12) M 5]2,000
For specialized requests from the CITY
�. !
using materials NOT described in items in
C1
A, B and D of Exhibit B - Fee Schedule,
$10,000
the CONTRACTOR shall provide a %
rnarkV or discount on materials
t
I
GRAND TOTAL. (LTEM A23 + ITEM B70 + ITEM C 1):
$ I, 0$0,1�(n.5�
Co,14� iigl,
Exhlbit A Resolution No. 2019•XX Page 61 of 71
(Continued)
EXHIBIT B
FEE SCHEDULE
UNIT PRICES FOR MATERIALS
The CONTRACTOR offers the following unit prices for providing the items below on an as needed
basis as requested by the CITY.
Item
No.
Description
Unit
Cost
(SJUniq
D1
OM-1 Object Marker (120 2)
EACH
301. q L
D2
R1-1 Stop (3000)
EACH
D3
111-2 Yield (360606)
EACH
D4
OM-1 Object Marker 0 2x12)
EACH
� 30'� - L-I i)
D5
112-1 Speed Limit (24x24)
EACH
3 qiql. "]CP
D6
113-1 No Right Turn (24x24)
EACH
�Ll D0-53
O7
R3-17 Bike Lane (3004)
EACH
$ H90. 5 (0
D8
R3-17A Bike Lane Supplemental Plaques (3002)
EACH
D9
112-1 Speed Limit (24x24)
EACH
$ L] L4 T`7CP
D10
FTP-30-06 School Days Time (18x18)
EACH
14332. 35
Di i
FTP-30-06 School Speed Limit (18x24)
EACH
D12
FTP 85-06 Official Use Only 02x18)
EACH
D13
S1-1 School Advanced Warning (36x36)
EACH
D14
S2-1 School Crossing (2400)
EACH
D15
S4-1 Time to Time Am Time to Time PM (24x48)
EACH
D16
S4-3 School (2400)
EACH
Exhibit A Resolution No. 2019-XX Page 62 of 71
D3-2 Advance Street Name (alca Next Intersection
EACH
DI
Ahead) Signs - 70" X 30". D3-2 signs of different
n -�
dimensions will be adjusted pro rata by the square
foot).
D18
Weston Radio AM Signs (24"x 24")
EACH
Exhibit A Resolution No. 2019•XX Page 63 of 71
EXHIBIT C
CONTRACTOR'S SUB -CONTRACTORS LIST
CONTRACTOR shall provide a comprehensive list of all sub -contractors (if any) and the work to be
performed.
Item#
Sub -Contractor Company Name and Employer
Identification Number
Work to be Performed
1
NIA
2
3
Exhibit A Resolution No. 2019 XX Page 64 of 71
EXHIBIT D
TRANSITION PLAN
ATTACH TRANSITION PLAN
Exhibit A Resolution No. 2D99•XX Page 65 of 71
SECTION 2
ADDENDUM NO. 2 ISSUED OCTOBER 4, 2019
ADDENDUM NO. 1 ISSUED SEPTEMBER 19, 2019
CITY OF WESTON RFP NO. 2019-07
ADDENDUM NO. 2
RFP TITLE: Roadway Traffic Signage Maintenance Services
RFP NO: 2019-07
DATE: October 4, 2019
To All Proposers:
Proposers for the above referenced solicitation shall take note of the following changes,
additions, deletions, clarifications, etc., to the RFP documents, which in accordance with the
Agreement shall become a part of and have precedence over anything shown or described
otherwise.
A. CHANGES IN THE RFP DOCUMENTS
1. The Proposal Submittal Deadline has been changed to 11:00 a.m., local time, October
10, 2019.
B. QUESTIONS RECEIVED FROM PROPOSERS AFTER ISSUANCE OF PREVIOUS
ADDENDUM:
1. Q: Which sign post included in the solicitation, is to be provided as a sample?
A: Please refer to section 2.5 Sample Sign Post (page 7) of the solicitation. The Sample
Sign Post required shall be as shown in Figure 3.4-C but with sign blade "R3-17
Bike Lane" as the single sign on 12 feet (above ground) tall post.
2. Q: Where the changes to the post discussed during the second pre -proposal meeting
included in Addendum No. 1?
A: Refer to Addendum No. 1, a drawing of post to include additional details, was
included as an attachment.
3. Q: Are the quantities included in the fee schedule annual quantities?
A: Yes, the quantities are estimated annual quantities.
4. Q: The fabricator of the sample post will not have it available for two weeks can we
submit bid without the post?
A: Prior to the Proposal submittal, the Proposer shall deliver to the CITY, a
manufactured Sample Sign Post containing a single post with an associated sign,
strictly meeting all the criteria outlined in the RFP. Refer to Section A. stipulated
herein for the new Proposal Submittal due date.
RFP No. 2019-07 Addendum No. 2 Page 1 of 2
Attachments:
1. Pre -Proposal Conference Sign -In Sheet
END OF ADDENDUM NO.2
All other information remains as originally described in the solicitation.
RFP No. 2019-07 Addendum No. 2 Page 2 of 2
a' •\996• •q.�
�OFY
SECOND MANDATORY PRE -PROPOSAL CONFERENCE
SIGN IN SHEET
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP No. 2019-07
DATE: SEPTEMBER 25, 2019 AT 2:00 P.M. LOCATION: CITY HALL COMMISSION CHAMBERS
PRINT NAME
FIRM NAMEIADDRESS
PHONE/FAX
EMAIL ADDRESS
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ADDENDUM NO. 1
RFP TITLE: Roadway Traffic Signage Maintenance Services
RFP NO: 2019-07
DATE: September 19, 2019
To All Proposers:
Proposers for the above referenced solicitation shall take note of the following changes,
additions, deletions, clarifications, etc., to the RFP documents, which in accordance with the
Agreement shall become a part of and have precedence over anything shown or described
otherwise.
A. CHANGES IN THE RFP DOCUMENTS
1. Due to disruption of working days caused by Hurricane Dorian since the RFP was
advertised, please note the following changes:
The Proposal Submittal Deadline has been changed to 11:00 a.m., local time,
October 8, 2019.
A second mandatory pre -proposal conference shall be held at 2:00 p.m. local time,
on September 25, 2019 at the City of Weston City Hall, Commission Chambers
located at 17200 Royal Palm Boulevard, Weston, FL 33326. Proposers planning to
submit a proposal are required to attend this conference. Proposers that attended
the first pre -proposal conference are not required to attend this second pre -proposal
conference.
2. Paragraph 7.1 Security Requirements, (and all sections referencing the bond amount) is
being changed to read as follows:
Within fourteen days of the Notice of Award by City Commission, CONTRACTOR shall
furnish to CITY performance & payment security in an amount equal to $100,000.00 of
1lVla/_ of the tetal_a.enual eest NyhieheyeF iS gFeater as security for the faithful performance
of Agreement and for the payment of all persons performing labor and/or furnishing
materials in connection with the Agreement. Bond shall be submitted on Exhibit E
provided in the Agreement. The condition of this obligation is such that, if CONTRACTOR
shall promptly and faithfully perform the Agreement, make payments to all claimants for
all labor and material used or reasonably required for use in the performance of the
Agreement, and shall fully indemnify and save harmless CITY and its agents and/or service
provider for all costs and damages that may be suffered by reason of failure to do so, then
this obligation shall be null and void; otherwise it shall remain in full force and effect.
3. Section 8, General Conditions - Paragraph 8.5 E. has been changed to read as follows:
Beginning on October 1, 2020 and each October 1s1 thereafter, CONTRACTOR shall
receive an annual adjustment in the rates that are part of the total Collection element of
rates established in the Rate Structure provided in Exhibit B. The adjustment to the
RFP No. 2019-07 Addendum No. 1 Page 1 of 7
Collection element of costs in Exhibit B shall be based on the annual change in the AW4
February Consumer Price Index - All Urban Consumers, Not Seasonally Adjusted, All
Items, Miami -Fort Lauderdale -West Palm Beach Area, 1982-84 — 100, Series ID:
CUURS35BSA0, CUUSS35BSAO (the "CPI"), except that the annual adjustment to the
costs shall not exceed 5% (increase or decrease). The CPI is available from the United
States Department of Labor, Bureau of Labor Statistics. The parties acknowledge that fuel
costs are reflected in the above referenced CPI, and therefore there shall be no additional
fuel costs adjustments.
4. The following is hereby added to Section 3.4 on page 57 of 119:
1. Drawing R-12 Rev, Typical Street Sign Assembly, provides information that
complements the standard sign details in 3.4, such as radii size for backing plate.
5. Section 3.1.E on page 54 of 119 is modified to read:
E. Permanent new replacement signs must be installed within 4-418 calendar days from
the time a work order request is issued to the CONTRACTOR by the CITY.
6. The following Section 3.5 is hereby added to Section 3, STANDARDS OF WORK:
3.5 Liquidated Damages
If, in the opinion of the City Manager there has been a breach of Agreement, the
City Manager shall notify the CONTRACTOR, in writing, specifying the basis and
reason in which there has been a breach of Agreement. In the event of a breach by
CONTRACTOR, CONTRACTOR shall be liable for liquidated damages as provided
in this Section. Unless otherwise provided in this Section 3.5, there shall be no cure
period of time to avoid the consequences of a breach.
Liquidated damages not a penalty. CONTRACTOR agrees that the amount of
liquidated damages assessed pursuant to this Section 3.5 is reasonable and does not
constitute a penalty. The parties recognize the difficulty of proving the loss or
damage suffered by the CITY due to CONTRACTOR's breach. CONTRACTOR
acknowledges and agrees that the amount of liquidated damages approximate the
loss anticipated at the time of execution of this Agreement.
A. Installation of Permanent Signs
Failure to comply with the provisions for the installation of new replacement
signs within the required 18 calendar day period following the issuance of a
work order, shall result in liquidated damages of One Hundred Dollars ($100)
a day for each day of delay.
B. QUESTIONS RECEIVED FROM PROPOSERS TO DATE:
1. Q: By when does the full-size sample post is to be delivered? Is it required for the
mandatory pre -proposal conference or just before the proposal submittal?
A: Samples are due prior to the proposal submittal.
RFP No. 2019-07 Addendum No.1 Page 2 of 7
2. Q: Is there a specific form required for compliance of the Proposal Security?
A: The standard form regularly provided by the Surety is acceptable.
3. Q: What is the amount of performance and payment bond required?
A: Performance & payment security in an amount equal to $100,000.00.
4. Q: On Exhibit B, Item A9, for removal of damaged sign blade; are you referring to the Z-
Bar? And please clarify on the "minimum work order 10 locations" note included as
part of the item.
A: Sign Blade refers the flat aluminum sign with the text. Each work order will list 10
locations minimum to minimize mobilization costs.
5. Q: Would the City consider adding an item for mobilization?
A: No, that is why there are minimum quantity to work order amounts.
6. Q: Figure 3.5- A, Typical Damage to Post Collars (page 67); does the 10-location minimum
apply to the welding also?
A: Yes, it applies to welding.
7. Q: Figure 3.2-D, Cases of Improper Manufacturer and Installation (page 69); it appears as
though spot painting would not be acceptable. Please confirm that a uniform coating is
required.
A: Yes, uniform coating is required.
8. Q: Figure 3.2-D, Cases of Improper Manufacturer and Installation (page 69); on all exposed
bolt heads for the "U-Turn" sign, are the bolts required in red to match the sign?
A: Bolts heads are required to match the color of the surrounding adjacent color.
9. Q: Does the 24-hour response time apply to both regulatory signs and terminology signs?
A: Yes, it applies to both.
10. Q: Do you have a preferred manufacturer for the poles, for the shop drawings provided?
A: Proposers are responsible for all manufacturing and installation.
11. Q: Are signed and sealed drawings required for fabrication based on the specifications?
A: No signed and sealed drawings are required for signs manufactured to the standards in
the RFP.
12. Q: How are Addendum(s) being sent out?
RFP No. 2019-07 Addendum No. 1 Page 3 of 7
A: Addendums are emailed directly to the firms that attended the pre -proposal conference
and also posted on Demand Star, BidSync and included as part of the RFP documents
that are sold at City Hall.
13. Q: How are the renewal terms processed?
A: Prior to the expiration of the contract term, the Contractor will receive a renewal letter,
requesting the Contractor's concurrence for renewal. Upon mutual consent, an
Agenda Item and Amendment is drafted and presented to the City Commission for
approval. Upon receipt of the City Commission's approval, the Amendment is signed
by the required parties and executed.
Attachments:
1. Pre -Proposal Conference Sign -In Sheet
2. Drawing R-12 Rev, Typical Street Sign Assembly
END OF ADDENDUM NO. 1
All other information remains as originally described in the solicitation.
RFP No. 2019-07 Addendum No. 1 Page 4 of 7
PRE -PROPOSAL CONFERENCE
SIGN IN SHEET
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP No. 2019-07
DATE: SEPTEMBER 13, 2019 AT 10:30 A.M. LOCATION: CITY HALL COMMISSION CHAMBERS
PRINT NAME
FIRM NAMEIADDRE55
PHONE/FAX
EMAIL ADDRESS
p-
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for
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-ec,}�.. � e�
RFP No. 2019-07 Addendum No. 1 Page 5 of 7
N
74"
Catherine Wright
2830 North 28th Terrace
Hollvwocd FL 33020
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GRAPHPLEX
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GRAPHPLEX
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F 954 920 0906
Sign Design 6 Manufacture
Page 6 of 7
RFP No. 2019-07 Addendum No. 1
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-- — — — — — — — — — —
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— — — —
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
REQUEST FOR PROPOSALS
NO. 2019-07
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
REQUEST FOR PROPOSALS NO. 2019-07
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
INDEX
PROPOSAL DOCUMENTS:
SECTION 1 NOTICE TO PROPOSERS
SECTION 2 GENERAL INSTRUCTIONS TO PROPOSERS
SECTION 3 EVALUATION OF THE PROPOSAL
SECTION 4 PROPOSAL SECURITY
SECTION 5 PROPOSAL FORMS
AGREEMENT DOCUMENTS:
SECTION 1 TERM AND TERMINATION
SECTION 2 SCOPE OF WORK
SECTION 3 STANDARDS OF WORK
SECTION 4 STANDARDS OF CONTRACTOR
SECTION 5 STANDARDS OF LABOR & MATERIALS
SECTION 6 STANDARDS OF INSURANCE
SECTION 7 STANDARDS OF PERFORMANCE & PAYMENT SECURITY
SECTION 8 GENERAL CONDITIONS
SECTION 9 SPECIAL CONDITIONS
SECTION 10 EXHIBIT FORMS
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SECTION 1
NOTICE TO PROPOSERS
NOTICE IS HEREBY GIVEN that the City of Weston, Florida, Indian Trace Development District and
Bonaventure Development District (collectively the "CITY") shall be accepting sealed proposals for:
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
REQUEST FOR PROPOSALS ("RFP") NO. 2019-07
The CITY is requesting proposals from qualified firms for the Roadway Traffic Signage Maintenance
Services under a continuing services contract ("CONTRACTOR"). Proposers shall provide all labor,
supervision, equipment, supplies, tools, materials, and all other necessary incidentals required to
perform the Roadway Traffic Signage Maintenance Services within the City of Weston.
Prior to the Proposal submittal, the Proposer shall deliver to the CITY, a manufactured Sample Sign
Post containing a single post with an associated sign, strictly meeting all the criteria outlined in this
RFP.
Proposers are advised that the CITY has NOT authorized the use of CITY's seal by individuals or
entities responding to the CITY's RFP, and that any such use by unauthorized persons or entities
constitutes a second-degree misdemeanor pursuant to Section 165.043, Florida Statutes.
QUALIFICATIONS
Proposers shall have a minimum of five (5) years of experience with the fabrication, installation,
maintenance and repair of roadway traffic signage. Proposers shall have been in continuous operation
for a minimum of the past five (5) years from the date that the RFP is issued and shall have a resident
branch office in Monroe, Miami -Dade, Broward or Palm Beach County, Florida. Proposer shall be
fully licensed with all required Federal, State, and Local government licenses/permits.
PROPOSAL SUBMITTAL DEADLINE
Submittals shall be received by the Procurement Manager until 11:00 a.m... local time, September
26, 2019 (the "Proposal Submittal Deadline") at City of Weston, City Hall, located at 17200 Royal
Palm Boulevard, Weston, Florida. The official clock at the City Hall reception desk shall govern.
Submittals received after this time shall be returned unopened. The sealed submittals will be publicly
opened at the City of Weston, City Hall after the Proposal Submittal Deadline. Award of a proposal
will be made at a City Commission meeting.
AVAILABILITY OF RFP DOCUMENTS
Interested parties may purchase a copy of RFP No. 2019-07 for Traffic Signage Maintenance Services
at the Weston City Hall, 17200 Royal Palm Boulevard, Weston, Florida 33326, 8:00 a.m. — 5:30
p.m., Monday through Thursday and 8:00 a.m. — 3:00 p.m. on Friday, upon payment of a $25.00
non-refundable fee for each RFP document. Payment shall be made by check, Visa, Master Card or
DM€t 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 3 of 119
American Express. No cash payments will be accepted. Proposal documents are available for
electronic download from Onvia Demand Star at http://www.demandstar.com and from BidSync at
http://www.bidsync.com. This RFP may also be examined at Weston City Hall, at the referenced
address. (8:00 a.m: 5:30 p.m. Monday through Thursday and 8:00 a.m. — 3:00 p.m. on Friday.)
MANDATORY PRE -PROPOSAL CONFERENCE
A pre -proposal conference shall be held at 10:30 a.m., local time, on September 13, 2019 at the City
of Weston City Hall, Commission Chambers located at 17200 Royal Palm Boulevard, Weston, FL
33326. Proposers planning to submit a proposal are required to attend this conference. Proposers
shall allow sufficient time to ensure arrival prior to the indicated time. Failure of a Proposer to be
present for the entire mandatory pre -proposal conference, beginning at the time stated above and
concluding at the dismissal of the mandatory pre -proposal conference by the CITY, shall render a
Proposer to be deemed non -responsive and the proposal shall not be considered for award. Decisions
of the CITY shall be final. The official clock at the location of the pre -proposal conference shall
govern.
PROPOSAL SECURITY
Proposal security in the form of a proposal bond acceptable to the CITY or a cashier's check made
payable to the "City of Weston' in the amount of $5,000.00 or 5% of the total proposal cost,
whichever is greater, will be required to be submitted with the proposal.
QUESTIONS
Any questions concerning this Notice to Proposers shall be submitted in writing to the Procurement
Manager, Martha Perez-Garviso at mperezgarviso®westonfl.org, with "Roadway Traffic Signage
Maintenance Services RFP No. 2019-07" in the subject line or via fax at: 954-385-2010 by 4:00
p.m., local time at least five business days prior to the pre -proposal conference.
CONE OF SILENCE
A cone of silence is imposed upon publication of this Notice to Proposers. The cone of silence
prohibits communications with the following individuals pertaining to this RFP:
Daniel J. Stermer, Mayor;
Margaret Brown, Commissioner;
Mary Molina-Macfie, Commissioner,
Thomas M. Kallman, Commissioner; and
Bryon L. Jaffe, Commissioner
Bryan Cahen, Director of Budget, Selection Committee Member;
Denise Barrett -Miller, Director of Communications; Selection Committee Member;
Andy Matusevich, Assistant Director of Landscaping, Selection Committee Member;
Ryan Fernandez, Director of Technology Services; Alternate Selection Committee Member;
Cindy Tao, Accounting Manager, Financial Reviewer; and
Any member of the Protest Committee, if and when established.
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The details of the CITY's cone of silence are set forth in Section 32.10 of the CITY Code.
The Selection Committee shall convene at a publicly noticed meeting and review submissions, rank
and evaluate the proposals and provide a recommendation to the City Manager.
RIGHTS RESERVED
The City Commission reserves the right to reject any and all proposals, to waive any informality in a
proposal and to make awards in the best interests of the CITY.
Martha Perez-Garviso
Procurement Manager
City of Weston
Published: September 3, 2019
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SECTION 2
GENERAL INSTRUCTIONS TO PROPOSERS
2.1 Proposal Submittal Deadline
The Proposal Submittal Deadline is included in Section 1 - Notice to Proposers, of this RFP.
2.2 Intent
The CITY is requesting proposals from qualified firms to provide all labor, supervision,
equipment, supplies, tools, materials, and all other necessary incidentals required to perform
the Roadway Traffic Signage Maintenance Services within the City of Weston.
The intent is to demonstrate the qualifications, competence and capacity of the firms seeking
to undertake the Roadway Traffic Signage Maintenance Services for the CITY in conformity
with the requirements of this Request for Proposals.
The CITY reserves the right to conduct investigations as it deems necessary, to determine the
ability of the selected Proposer(s) who shall perform the work or services. information the
CITY deems necessary in order to make a determination shall be provided by Proposer upon
request.
2.3 RFP Documents
These RFP documents consist of the Proposal Documents and the Agreement Documents. All
forms and documents contained within the RFP and the Agreement shall be completed,
sealed and submitted. Submittal of a response to this RFP constitutes a binding offer by the
Proposer. A Proposer's failure to comply with any provisions in the RFP or the Agreement
may result in a determination of non -responsibility and/or non -responsiveness, at the sole
discretion of the CITY. All instructions in the RFP must be adhered to. Submission of a
proposal indicates acceptance by the Proposer of the conditions contained in the Agreement.
2.4 Mandatory Pre -Proposal Conference
A. At the pre -proposal conference, representatives of the CITY shall be available to
answer questions and explain the intent of the RFP or the Agreement. Questions about
the RFP or the Agreement which have been submitted in writing and received by the
CITY at least five business days prior to the pre -proposal conference will also be
addressed.
B. After the pre -proposal conference, the CITY may prepare written documentation to
answer questions which were addressed at the pre -proposal conference which relate
to the interpretation of, or changes to, the RFP or the Agreement which the CITY
deems appropriate for clarification.
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2.5 Sample Sign Post
Prior to the Proposal submittal, the Proposer shall deliver to the CITY, a manufactured full
sized "Sample Sign Post" containing a single post with an associated sign, strictly meeting all
the criteria outlined in this RFP.
1. The Sample Sign Post required shall be as shown in Figure 3.4-C but with sign
blade "113-17 Bike Lane" as the single sign on a 12 feet (above ground) tall
post. The Proposer's name shall be affixed to the Sample Post. The Sample
Post shall be the standard by which all the signs posts and signs are
manufactured by the successful Proposer.
2. The completed Sample Sign Post, along with the Sample Post Submission
Form (Exhibit F) completed and signed by the Proposer, shall be delivered to
the Public Works Services Center at 2599 South Post Road, Weston, FL 33327
by appointment only. Proposers shall contact Procurement Manager, Martha
Perez-Garviso at mperezgarviso@westonfl.org to schedule appointments at
least 24 hours prior to delivery. The Sample Sign Post shall become the
property of the CITY.
3. The Proposers shall submit the Sample Post Submission Form, Exhibit F,
containing the CITY's acknowledgement of receipt, with the Proposal
package.
2.6 Proposal Copies and Original
The Proposal shall contain seven (8) complete copies, one (1) unbound original and one (1)
digital copy in Adobe PDF format on a CD/USB drive.
Each copy shall contain all mandatory and optional information submitted by the Proposer.
Additional copies may be requested by the CITY at its discretion.
2.7 Proposal Packaging
The proposal shall include all items identified in the above Section 2.6 and shall be submitted
in one (1) plain sealed box, or other secured packaging, marked as "Proposal" and shall be
inclusive of all documents and samples. The outside of the sealed package must clearly
indicate the submitting "RFP Number 2019-07, Roadway Traffic Signage Maintenance
Services". Proposer's name, address, telephone number and a specific contact person should
be included on the outside of the box.
Proposers are advised that the CITY has NOT authorized the use of CITY's seal by individuals
or entities responding to the CITY's RFP, and that any such use by unauthorized persons or
entities constitutes a second-degree misdemeanor pursuant to Section 165.043, Florida
Statutes.
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Proposers are advised that the CITY shall not supply or sell materials to Proposers in
connection with submission or preparation of proposals, or any other matter, including but
not limited to envelopes, labels or tape.
2.8 Signatures
B. All required signatures shall be manual, in blue ink. Only those persons designated
in Sections B through E below may sign the proposal. The proposal shall be typed or
legibly printed in ink. Use of erasable ink is not permitted. All blank spaces shall be
filled in and noted, in ink or typed, with amounts extended and totaled as appropriate.
All corrections made by a Proposer to any part of the proposal document shall be
initialed in ink. Failure to manually sign the appropriate pages may disqualify the
Proposer and the proposal may not be considered.
C. Proposals by corporations shall be executed in the name of the corporation by the
President or Vice -President listed on www.sunbiz.org (or other such corporate officer
if listed on www.sunbiz.org and accompanied by a resolution of the Board of
Directors evidencing the corporate officer's authority to sign) and attested to by the
Corporate Secretary or an Assistant Secretary.
D. Proposals by limited liability companies shall be submitted in the name of the limited
liability company by a Member, Manager or Officer listed on www.sunbiz.org. The
address and state of organization of the limited liability company shall be shown
below the signature.
E. Proposals by partnerships shall be submitted in the name of the partnership and
signed by a general partner. His/her title shall appear under his/her signature and the
official address of the partnership shall be shown below the signature.
F. Proposals by sole proprietorships or individuals shall be signed by the Individual/sole
proprietor. His or her address shall be shown below the signature.
2.9 Proposal Format
A. The proposal shall be typewritten single sided 8'/2 x 11-inch white paper. Pages shall
be secured by staple, binding or similar closures.
B. All pages are to be consecutively numbered. If there is insufficient space for a
response on a form, the response may be continued on a blank page immediately
following the form. The additional pages are to be numbered the same as the form
with the addition of the letter "a", "b", "c", etc. If a form is provided and additional
pages are needed, the form may be copied. The copied pages are to be numbered the
same as the form with the addition of the letter "a", "b", "c", etc.
C. In instances where a response is not required, or is not applicable or material to the
proposal, a response such as "no response is required" or "not applicable" is
acceptable.
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D. The following forms shall be completed and submitted with the Proposal:
■ Proposal Form 1: Proposer's Statement of Organization
■ Proposal Form 2: Personnel
■ Proposal Form 2A: Contractor's Equipment List
■ Proposal Form 3: References
■ Proposal Form 4: Non -Collusion Affidavit
■ Proposal Form 5: Drug -Free Workplace
■ Proposal Form 6: Independence Affidavit
■ Proposal Form 7: Acknowledgment of Addenda
■ Proposal Form 8: Certification to Accuracy of Proposal
■ Proposal Form 9: Proposal Security
■ Proposal Form 10: Scrutinized Companies
■ Proposal From 11: Public Entity Crimes
Exhibit B: Fee Schedule
■ Exhibit C: Contractor's Subcontractors List
■ Exhibit D: Transition Plan
■ Exhibit F: Sample Post Submission Form (See Section 2.8D above).
E. The following items shall be submitted by the successful Proposer after the award of
the Agreement (at the time specified herein).
■ Exhibit A: Certificate of Insurance
• Exhibit E: Performance & Payment Security
2.10 Submittal, Receipt and Opening of Proposals
A. All proposals shall be submitted on or before the Proposal Submittal Deadline to:
Procurement Manager
City of Weston
17200 Royal Palm Boulevard
Weston, Florida 33326
B. The official clock at City Hall reception desk shall govern. Proposals submitted and
time stamped on or before the Proposal Submittal Deadline shall be opened publicly
at City Hall.
C. All Proposers are reminded that it is the sole responsibility of the Proposer to ensure
that their proposal is time stamped by the Office of the City Clerk prior to the Proposal
Submittal Deadline. Proposals received after the Proposal Submittal Deadline shall
be returned unopened.
2.11 Withdrawal or Revision of Proposal Prior to and After Submittal Deadline
1. Once a proposal has been submitted to the Procurement Manager by the Proposal
Submittal Deadline, it shall not be returned to the Proposer.
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2. The withdrawal, modification or correction of a proposal after it has been submitted
to the CITY shall constitute a breach by the Proposer.
2.12 Proposal Guarantee
All proposals shall be guaranteed firm for a minimum of 90 calendar days after the submission
of the proposal.
2.13 Multiple Proposals Prohibited
More than one proposal from an individual, firm, partnership, corporation or association
under the same or different names shall not be considered. Reasonable grounds for believing
that a Proposer is involved in more than one proposal for the same work shall be cause for
rejection of all proposals in which such Proposers are believed to be involved. In addition, a
single proposal from more than one individual, firm, partnership, corporation or association
under the same or different names shall not be considered. joint ventures shall be permitted;
however, such arrangements shall designate a single primary Proposer or shall be combined
into a single legal entity. The CITY shall only consider one proposal from one Proposer.
2.14 Additional Terms and Conditions
No additional terms and conditions submitted by a Proposer shall be evaluated or considered.
Any and all such additional terms and conditions shall have no force and effect and are
inapplicable to this RFP or the Agreement.
2.15 Interpretations and Inquiries
A. Submission of a proposal shall serve as prima facie evidence that the Proposer has
examined the Agreement and is fully aware of all conditions affecting the provision
of services.
B. No person is authorized to give oral interpretations of, or make oral changes to, the
RFP or the Agreement. Therefore, oral statements shall not be binding and should not
be relied upon. Any interpretation of, or changes to, the RFP or the Agreement shall
be made in the form of a written addendum to the RFP or the Agreement and shall be
furnished by the CITY to all Proposers who attend the mandatory pre -proposal
conference. Only those interpretations of, or changes to, the RFP or the Agreement
that are made in writing and furnished to the Proposers by the CITY may be relied
upon.
2.16 Assignment; Non -transferability of Proposal
A. Proposals shall not be assigned or transferred. A Proposer who is, or may be,
purchased by or merged with any other corporate entity during any stage of the
proposal process, through to and including awarding of and execution of the
Agreement, is subject to having its proposal disqualified as a result of such transaction.
The City Manager shall determine whether a proposal is to be disqualified in such
instances.
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B. If, at any time during the proposal process, filings, notices or like documents are
submitted to any regulatory agency concerning the potential acquisition of Proposer,
or the sale of a controlling interest in the Proposer, or any similar transaction, the
Proposer shall immediately disclose such information to the CITY. Failure to do so
may result in the proposal being disqualified, at the CITY's sole discretion.
2.17 The CITY's Exclusive Rights
A. CITY reserves the exclusive rights to:
1. Waive any deficiency or irregularity in the selection process.
2. Accept or reject any or all qualification statements in part or in whole.
3. Request additional information as appropriate.
4. Reject any or all submittals if found not to be in the best interest of the CITY.
5. Award all or a portion of the services set forth in the Agreement as determined
to be in the best interest of the CITY.
6. Award the Agreement to one or more than one Proposer as determined to be
in the best interest of the CITY.
B. In the event of a sole proposal, the CITY reserves the right to reject the sole proposal.
C. By submitting a proposal, the Proposer acknowledges and agrees that no enforceable
agreement arises until the CITY signs the Agreement, and no action shall lie to require
the CITY to sign the Agreement at any time. The Proposer waives all claims to
damages, lost profits, costs, expenses, reasonable attorneys' fees, etc., as a result of
the CITY not signing the Agreement.
2.18 Public Records
Upon award recommendation or 30 days after proposal opening, whichever is earlier, any
material submitted in response to this RFP shall become a "public record" and shall be subject
to public disclosure consistent with Chapter 119, Florida Statutes (Public Records Law).
Proposers shall claim the applicable exemptions to disclosure provided by law in their
response to the RFP by identifying materials to be protected, and shall state the reasons why
such exclusion from public disclosure is necessary and legal. The CITY reserves the right to
make all final determination(s) of the applicability of the Florida Public Records Law.
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2.19 Public Entities Crime
A. A person or affiliate as defined in Section 287.133, Florida Statutes, who or which
has been placed on the convicted vendor list maintained by the Florida Department
of Management Services following a conviction for a public entity crime, may not
submit a proposal to provide any goods or services to the CITY and may not transact
business with the CITY in an amount set forth in Section 287.017, Florida Statutes,
for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
B. By submitting a response, the Proposer certifies that it is qualified under Section
287.133, Florida Statutes, to provide the services set forth in the Agreement.
2.20 Insurance Requirement
Within 14 calendar days of the date of the notice of intent to consider award of
agreement by the City Commission, the Proposer shall furnish to the CITY, proof of
insurance as required herein.
2.21 Protest Procedures
A. Standing: Parties that are not actual Proposers, including, but not limited to,
subcontractors, material and labor suppliers, manufacturers and their representatives,
shall not have standing to protest or appeal any determination made pursuant to this
Section.
B. Protest of Failure to Qualify: Upon notification by the CITY that a Proposer is deemed
non -responsive and/or non -responsible, the Proposer who is deemed non -responsive
and/or non -responsible may file a protest with the CITY Clerk by close of business on
the third business day after notification (excluding the day of notification) or any right
to protest is forfeited. The City Hall hours are as follows:
Monday -Thursday from 8:00 a.m. to 5:30 p.m. & Friday from 8:00 a.m. to 3:00 p.m.
C. Protest of Award of Agreement: After a notice of intent to consider award of agreement
is posted, a Proposer who is aggrieved in connection with the pending award of the
Agreement or any element of the process leading to the award of the Agreement may
file a protest with the Office of the City Clerk by close of business on the third business
day after posting (excluding the day of posting) or any right to protest is forfeited. A
notice to consider rejecting all proposals is subject to the protest procedure.
D. Content and Filing: The protest shall be in writing, shall identify the name and address
of the protester, and shall include a factual summary of, and the basis for, the protest.
Filing shall be considered complete when the protest and the protest bond are
received by the Office of the City Clerk. The official clock at City Hall reception desk
shall govern.
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E. Protest Bond: A Proposer filing a protest of failure to qualify and/or a protest of award
of agreement shall simultaneously provide a protest bond to the CITY in the amount
of $10,000 or 2% of the proposal value, whichever is greater, for each protest. If the
protest is decided in the protester's favor, the entire protest bond shall be returned to
the protester. If the protest is not decided in the protester's favor, the protest bond
shall be forfeited to the CITY. The protest bond shall be in the form of a cashier's
check.
F. Protest Committee: The Protest Committee shall review all protests. The City Manager
shall appoint the members of the Protest Committee. No member of the City
Commission or the Selection Committee shall serve on the Protest Committee. Each
Protest Committee member shall complete and execute an independence affidavit.
The City Attorney or designee shall serve as counsel to the Protest Committee. The
meeting of the Protest Committee shall be open to the public and all of the actual
Proposers shall be notified of the date, time and place of the meeting. if the Protest
Committee determines that the protest has merit, the City Manager shall direct that
all appropriate steps be taken. All of the actual Proposers shall be notified of the
determination by the Protest Committee. The Protest Committee shall terminate upon
the award of the Agreement, or such other time as determined by the City
Commission.
G. Stay of Award of Agreement or RFP Process: In the event of a timely protest, the City
Manager shall stay the award of the Agreement or the RFP process unless the City
Manager determines that the award of the Agreement without delay or the
continuation of the RFP process is necessary to protect any substantial interest of the
CITY. The continuation of the RFP process or award under these circumstances shall
not preempt or otherwise affect the protest.
H. Appeals to City Commission: Any actual Proposer who is aggrieved by a
determination of the Protest Committee may appeal the determination to City
Commission by filing an appeal with the Office of the City Clerk by close of business
on the third business day after the protester has been notified (excluding the day of
notification) of the determination by the Protest Committee. The appeal shall be in
writing and shall include a factual summary of, and the basis for the appeal. Filing of
an appeal shall be considered complete when the appeal is received by the Office of
the City Clerk.
Failure to File Protest: An actual Proposer that does not formally protest or appeal in
accordance with this Section shall not have standing.
2.22 Cone of Silence
A. Pursuant to Section 32.10 of CITY Code, there shall be no communication related to
this RFP between Proposers, including any lobbyist or any other person on behalf of
Proposers, and any member of City Commission, or any member of the Selection
Committee or Protest Committee (starting from the appointment of that Protest
Committee Member), if any.
B. The cone of silence shall not apply to written or oral communications with legal
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counsel for the CITY.
C. This Section shall not prohibit any person from:
1. Making public presentations to the Selection Committee or Protest Committee
or to the City Commission, during any public meeting relating to this RFP.
2. Engaging in any negotiations at a meeting of the Selection Committee, or with
the City Commission during a public meeting.
3. Communicating in writing with the person designated in this RFP as the
Technical Advisor for clarification or information related to this RFP or the
Agreement. The written communication, including any response thereto, shall
be provided to any Proposer that has submitted a proposal.
4. A cone of silence shall begin when first publicly noticed, and shall terminate
upon execution of the Agreement, a decision by the City Commission to reject
all proposals, or the taking of other action that ends this RFP solicitation.
5. Any action in violation of this Section may be cause for disqualification of the
Proposer. The determination of a violation and/or disqualification shall be
made by the City Commission.
2.23 Scrutinized Companies
Pursuant to Section 287.135, Florida Statutes, a Proposer is ineligible to, and may not
submit a Proposal for, or enter into or renew a contract with CITY for goods or services if
at the time of submitting a Proposal for a new contract or renewal of an existing contract:
A. for any contract amount, if the Proposer is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or
is engaged in a boycott of Israel;
B. if $1 million or more and the Proposer is on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, created pursuant to Section 215.473,
Florida Statutes; or
C. if $1 million or more and the Proposer is engaged in business operations in
Cuba or Syria.
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2.24 Examination of Conditions
It shall be the Proposer's responsibility to visit the proposed work site(s) and to thoroughly
familiarize himself with the nature and extent of the work to be performed and all local
existing site conditions, to make his own estimate of the facilities and difficulties attending
the execution of the work; no allowance shall be made by the CITY for the Proposer's failure
to do so.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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SECTION 3
EVALUATION OF THE PROPOSAL
3.1 Selection Committee
Proposals submitted shall be evaluated by the Selection Committee members as stated in the
Notice to Proposers. The Selection Committee shall convene at a publicly noticed meeting
to review submissions, rank and evaluate the proposals, and provide a recommendation for
award. Selection Committee Members, Procurement Manager, Financial Reviewer and the
Technical Advisor shall complete and execute an independence affidavit.
3.2 Qualification Evaluation
A. The evaluation of proposals and the determination of responsiveness and
responsibility shall be the responsibility of the Selection Committee. Such
determination shall be based on information furnished by the Proposer, as well as
other information reasonably available to the CITY.
B. The Selection Committee shall examine the documentation submitted in the proposal
to determine the responsiveness of each Proposer. Failure to provide the required
information may disqualify any such proposal as non -responsive and such proposal
may not be considered. The Selection Committee may disqualify any Proposers that
make exaggerated or false statements.
C. The Selection Committee may make such investigations as it deems necessary to
determine the responsibility and ability of the Proposer and the Proposer shall furnish
the CITY all such information for this purpose as the CITY may request before and
during the proposal period. The Selection Committee reserves the right to make
additional inquiries, interview some or all Proposers, make site visits, obtain credit
reports, or take any other action it deems necessary to fairly evaluate all Proposers.
The Selection Committee may reject a Proposer or qualify a Proposer.
3.3 Responsiveness
The factors to be considered in determining the responsiveness of each Proposer include but
are not limited to the following:
A. Completion, accuracy and submission of all required documentation.
B. Compliance with all requirements of the RFP, including adherence to all RFP
instructions.
C. Consistency of the offered goods or services as set forth in the Agreement.
D. Accuracy of mathematical calculations.
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3.4 Responsibility
The factors to be considered in determining the responsibility of a Proposer shall include but
not be limited to the following:
A. Proposers past experience and performance.
B. Financial ability to perform the services described in the Agreement. Proposers must
demonstrate financial stability. Proposers shall provide a statement of their financial
stability, including information as to current or prior bankruptcy proceedings by
providing the following:
1. A copy of the most recent audited annual financial statements containing a
balance sheet, an income statement, and a statement of cash flows;
OR
2. Non -audited financial statements containing a balance sheet, an income
statement, and a statement of cash flows plus a complete federal tax return for
the last two (2) years.
Social Security and/or bank account numbers should be redacted on the
statements/federal tax returns.
In lieu of submitting the above documentation, Proposer may submit alternative
documentation that demonstrates their financial ability to perform the services
described herein; however, a complete financial evaluation cannot be conducted
without the above documentation.
C. The financial statements requested are developed into nine financial ratios which
include the following:
1. Liquidity - measures a business's ability to cover its obligations, without
having to borrow or invest money in the business.
2. Working Capital - measures liquid assets that provide a safety cushion to
creditors.
3. Solvency - assesses a company's ability to meet its long-term obligations and
therefore remain solvent and avoid bankruptcy.
4. Gross Margin - indicates the percentage of sales (revenue) dollars available for
expenses and profit after the cost of materials is deducted from the sales
(reven ue).
5. Free Cash Flow - tells how much cash is left over from operations after a
company pays for its capital expenditures.
DM## 70976 v3 RFP NO. 2019-07 Roadway Traffic signage Maintenance Services Page 17 of 119
6. Account Receivables — as a percentage of current assets, which will provide
information about assets not yet received and therefore unavailable at the
present time to be used as resources.
7. Receivables to Current Assets - receivables as a percentage of current assets
that would reveal the size of receivables in current assets and the opportunity
cost associated with it.
8. Long Term Debt - measurements representing the percentage of a
corporation's assets that are financed with loans and financial obligations
lasting more than one year.
9. Cash Ratio - an indicator of a company's liquidity by measuring the amount
of cash, cash equivalents or invested funds there are in current assets to cover
current liabilities.
* *Proposers will only be compared to other firms that submit a proposal, to determine
relative positions of financial ability and stability. **
D. Litigation history
E. The scope and content of any investigations, reports or audits relating to, or
communications with, the Proposer that have been commenced or issued by any
local, state, or federal law enforcement agency, criminal justice agency, health and
safety agency or inspector general office.
F. Whether the Proposer has failed to disclose or made misrepresentations to any
governmental entity regarding conflicts of interest or potential or apparent conflicts
of interest.
G. Availability of appropriate material, equipment, facility and personnel resources and
expertise, or the ability to obtain them, to meet all requirements of the Agreement.
H. Whether the Proposer or its partners, officers or key personnel or its subsidiaries or
parent company have been engaged in any criminal activity or have been convicted
of any crimes.
3.5 Evaluation Process
A. The Selection Committee shall convene at a publicly noticed meeting and collectively
discuss and review the proposals. Each member of the Selection Committee shall
evaluate and rank each proposal in each of the categories listed in this section and
compute a final ranking. The Selection Committee Chairperson shall tally the final
rankings and announce the final total ranking. A sample of the ranking form used by
the Selection Committee is included in this Section.
B. Proposals shall be evaluated and ranked based on the following categories, which
shall be weighted as indicated on the Sample Ranking Form.
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1. The Proposer's financial ability to perform the services described in the
Agreement.
2. Qualifications of the Proposer's personnel, project manager and
subcontractors, including their pertinent training, skill and experience who
may be providing services pursuant to the Agreement.
3. Proposer's total cost of services as provided in the Exhibit B-Fee Schedule
Table.
4. Proposers experience and performance on comparable contracts with
fabrication, installation, maintenance and repair of roadway traffic signage.
5. Compliance of Sample Sign Post to RFP design specifications which includes:
post material type, post thickness, dimensions, sign blade vinyl material,
welding quality and locations, ornamental details, proper paint color and coat
thickness.
C. The Selection Committee may interview some or all of the Proposers. During the
evaluation process, the Selection Committee may request any or all Proposers to make
oral presentations. Based on the final rankings resulting from the process described
above, the Selection Committee will make a recommendation for award of the
Agreement.
D. In the event of a tie, the CITY shall break the tie by drawing lots at a publicly noticed
meeting.
3.6 Award
Following notification of the firm(s) selected, the City Commission may authorize the
appropriate CITY official to execute an agreement with the top ranked Proposer, and if
determined to be in the best interest of the CITY, any additional Proposers, in order of rank.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM#t 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 19 of 119
SAMPLE RANKING FORM
Evaluation Criteria
Firm #1
Firm #2
Firm #3
Firm 44
1. Proposer's financial ability
to perform the services
described in the Agreement.
2. Qualifications of the
Proposer's personnel, project
manager and subcontractors,
including their pertinent
training, skill and experience
who may be providing services
pursuant to the Agreement.
3. Proposer's total cost of
services as provided in the
Exhibit B - Fee Schedule.
4. Proposers experience and
performance on comparable
contracts with fabrication,
installation, maintenance and
repair of roadway traffic signage.
5. Compliance of Sample
Sign Post to RFP design
specifications which includes:
post material type, post
thickness, dimensions, sign
blade vinyl material, welding
quality and locations,
ornamental details, proper paint
color and coat thickness.
Total
Ranking
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 20 of 119
SECTION 4
PROPOSAL SECURITY
4.1 Proposal Security
A. Simultaneous with the delivery of an executed proposal to the CITY, the Proposer
shall furnish to the CITY a proposal security in the minimum amount of $5,000.00 or
5% of the total proposal cost, whichever is greater, as security for the faithful
execution of an agreement with the CITY, in the event of such award by the CITY
Commission. Failure by the successful Proposer to execute an agreement, to furnish
a performance & payment bond and/or to furnish certificates of insurance in the
minimum amounts specified in the Agreement, within 14 calendar days of the date
of the notice of award by the CITY Commission, shall be deemed as a breach of the
Agreement by the Proposer, may result in forfeiture of the proposal security, and may
result in cancellation of the award of the Agreement. If the CITY determines that the
Agreement, required bonds, or any other requested items are not properly executed,
completed or provided, the CITY shall notify the Proposer of such deficiency, after
which the Proposer shall have seven calendar days to cure such deficiency. Failure
to do so shall be deemed as a breach of the Agreement and shall result in forfeiture
of the proposal security and cancellation of the award of the Agreement. Such
forfeiture shall be considered not as a penalty, but as liquidation for damages
sustained. Award may then be made to the next ranked Proposer, or all proposals
may be rejected.
B. The proposal security shall be in the form of a cashier's check payable to "CITY of
Weston" and drawn on a bank authorized to do business in the State of Florida, or a
proposal bond issued by a surety meeting the qualifications stated in this Section. The
cashier's check or proposal bond shall be attached to Proposal Form 9. The proposal
security shall be returned subsequent to execution of the Agreement by the successful
Proposer and the appropriate CITY official.
C. Qualifications of Surety: Surety companies issuing proposal bonds shall fulfill each of
the following provisions, and the Proposer shall provide evidence to document such
fulfillment:
1. The surety company is licensed to do business in the State of Florida.
2. The surety company holds a valid certificate of authority authorizing it to write
surety bonds in the State of Florida.
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3. The surety company has twice the minimum surplus and capital required by
the Florida Insurance Code at the time the Agreement is executed.
4. The surety company is otherwise in compliance with the provisions of the
Florida Insurance Code.
5. The surety company holds a valid certificate of authority issued by the United
States Department of the Treasury under 31 U.S.C. § 9304-9308.
6. The bond shall contain all provisions required by § 255.05, Florida Statutes,
as may be amended from time to time.
7. The bond shall be issued by a Florida resident agent.
8. A surety bond shall be executed by a surety company of recognized standing
having been in business with a record of successful continuous operation for
at least five years.
9. The surety company shall meet a minimum financial rating by AM Best
Company of no less than "A Excellent: FSC VII" and shall have at least a
minimum policyholders rating of A- Class VII or higher. In the event that the
surety company's rating shall drop, the surety company shall immediately
notify CITY.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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SECTION 5
PROPOSAL FORMS
The forms located in this section of the RFP shall be included in the sealed proposal and shall be
unaltered. Forms not completed in full may result in disqualification.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
1. Full Name of Proposer:
2. Principal Business Address, Phone and Fax Numbers & Email Address:
3. Principal Contact Person(s):
4. Form of Proposer (Corporation, Partnership, Joint Venture, Other):
A. If a corporation, in what state incorporated:
B. Date Incorporated:
C. If a joint Venture or Partnership, date of Agreement:
D. Name and address of all partners (state whether general or limited partnership):
E. If other than a corporation or partnership, describe organization and name of principals.
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
5. Provide names of principals or officers as appropriate and provide proof of the ability of the
individuals so named to legally bind Proposer.
Name Title
b. Indicate the number of years' Proposer has had current continual successful experience
performing work of a similar scope relevant to this RFP Agreement.
7. List all entities participating in this Agreement (including subcontractors if applicable):
Name Address Title
A.
B.
C.
D.
8. Outline specific areas of responsibility for each entity listed in Question 7.
A.
B.
C.
D.
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
9. County or municipal business tax receipt number (attach copies):
County:
Municipal:
10. Have you ever failed to complete any work awarded to you?
Yes No If yes, attach a separate sheet of explanation.
11. Within the last five years, has any officer or partner of your organization ever been an officer or
partner of another organization that failed to complete an Agreement?
Yes No If yes, attach a separate sheet of explanation.
12. Within the last five years, have you ever had a performance, payment or bid bond called?
Yes No if yes, attach a separate sheet of explanation.
13. Have you, any officer or partner of your organization, or the organization been involved in any
litigation or arbitration against the CITY?
Yes No If yes, attach a separate sheet of explanation.
14. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any other Florida public entity?
Yes No If yes, attach a separate sheet of explanation.
15. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any private entity for an amount greater than $100,000?
Yes No If yes, attach a separate sheet of explanation.
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FORM i
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
16. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent
company been charged or indicted for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or
parent company been convicted and/or fined for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
18. Within the last five years, have you, any officer or partner of your organization, or the
organization been investigated by any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office?
Yes No If yes, attach a separate sheet of explanation.
19. Within the last five years, have you, any officer or partner of your organization, or the
organization communicated with any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office relating to goods or services provided or performed for
any governmental entity?
Yes No If yes, attach a separate sheet of explanation.
20. Within the last five years, have there been any reports or audits relating to you, any officer or
partner of your organization, or the organization issued by any local, state, or federal law
enforcement agency, criminal justice agency or inspector general office.
Yes No If yes, attach a separate sheet of explanation.
21. Within the last five years, have you, any officer or partner of your organization, or the
organization failed to disclose or made misrepresentations to any governmental entity regarding
conflicts of interest or potential or apparent conflicts of interest.
Yes No If yes, attach a separate sheet of explanation.
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of
by
for
as
(Name of person acknowledging) (Title)
(Company name)
Personally known to me or has produced Identification , type of identification
produced
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPFISTAMP NAME OF NOTARY
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FORM 2
PERSONNEL
For all principals of Proposer and key personnel providing services sought in the RFP or Agreement,
provide a detailed resume indicating that individual's areas of expertise and experience. Resumes shall
be provided in the following format, however, additional information may be provided at the option of
Proposer.
A. Name & title
B. Years experience with:
This company
Other similar companies
C. Education:
Degree(s)
Year and specialization
Certificates
Year and specialization
D. Professional references: (List a minimum of three)
E. Other relevant experience and Qualifications
F. Attach applicable licenses for each individual performing service pursuant to this Agreement.
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FORM 2A
CONTRACTOR'S EQUIPMENT LIST
CONTRACTOR shall provide a comprehensive list of all relevant equipment currently owned.
Item#
Title or Description of Equipment
Quantity
Owned/Leased
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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FORM 3
REFERENCES
Proposer shall provide a minimum of three references for work/projects of a similar scope relevant
to this RFP /Agreement.
1. Name of company:
Address:
Phone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
2. Name of company:
Address:
Phone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
3. Name of company:
Address:
Phone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
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FORM 4
NON -COLLUSION AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
2.
3.
He/She is
that has submitted the attached proposal;
of , Proposer
He/She is fully informed respecting the preparation and contents of the attached proposal
and of all pertinent circumstances respecting such proposal;
Such proposal is genuine and is not a collusive or sham proposal;
4. Neither said Proposer nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded,
connived, or agreed, directly or indirectly, with any other Proposer, firm or person to
submit a collusive or sham proposal in connection with the Agreement for which the
attached proposal has been submitted or to refrain from proposing in connection with the
Agreement, or has in any manner, directly or indirectly, sought by agreement of collusion
or communication of conference with any other proper, firm, or person to fix the price or
prices in the attached proposal, or of any other Proposer, or to fix any overhead, profit or
cost element of the proposal or the response of any other Proposer, or to secure through
any collusion, connivance, or unlawful agreement any advantage against the CITY of
Weston, Florida, or any person interested in the Agreement; and
The response to the attached RFP is fair and proper and is not tainted by any collusion,
conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
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FORM 4
NON -COLLUSION AFFIDAVIT
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this
by as
for
(Name of person acknowledging)
(Company name)
Personally known to me
produced
(NOTARY SEAL HERE)
day of , 2019,
(Title)
or has produced Identification , type of identification
SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
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FORM 5
DRUG -FREE WORKPLACE
The undersigned Proposer in accordance with Chapter 287.087, Florida Statutes, hereby certifies that
does:
(Name of Proposer)
1. Publish a statement notifying employees that the unlawful manufacturing, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the work place, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the contractual services described in the RFP
document a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employee that, as a condition of working
on the contractual services described in the RFP or the Agreement, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
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FORM 5
DRUG -FREE WORKPLACE
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2019,
by
for
(Name of person acknowledging)
(Company name)
as
(Title)
Personally known to me or has produced Identification , type of identification
produced
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
DM# 70976 v3 RFP No. 2019-07 Roadway Traffic Signage Maintenance Services Page 35 of 119
• j ju re
INDEPENDENCE AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
I am
submitted the attached proposal;
of , the Proposer that has
I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my
household have or have had during the past five years, any relationships (professional, financial, familial
or otherwise) with the CITY (or any of its districts), its elected or appointed officials, its employees or
agents, or any member or alternate member of the Selection Committee.
A "relationship" for the purpose of this affidavit shall include but not be limited to employer/employee,
consultant, contractor, subcontractor, associate, officer, partnership, joint venture, ownership greater
than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient (in excess of $100.00), past or
on -going personal relationships, or joint involvement with charitable/voluntary activities. Relationship
includes having a prior or current contract with the CITY.
Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of those
persons residing in my household have received any promise of compensation, remuneration, gift,
discount, or other gratuity in exchange for my proposal.
I understand and agree that I shall give the CITY written notice of any other relationships (as defined
above) that I enter into with the CITY (or any of its districts), its elected or appointed officials, its
employees or agents, or any member or alternate member of the Selection Committee during the period
of the Agreement.
I set forth below any exceptions to the aforementioned (if none, write "None"):
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 36 of 119
FORM 6
INDEPENDENCE AFFIDAVIT
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2019,
by
for
(Name of person acknowledging)
(Company name)
Personally known to me
produced
(NOTARY SEAL HERE)
as
(Title)
or has produced Identification , type of identification
SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
UM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 37 of 119
FORM 7
ACKNOWLEDGMENT OF ADDENDA
The Proposer hereby acknowledges the receipt of the following addenda issued by the CITY and
incorporated into and made part of the RFP or the Agreement. In the event the Proposer fails to include
any such addenda in the table below, submission of this form shall constitute acknowledgment of receipt
of all addenda, whether or not received by the Proposer.
ADDENDUM
NUMBER
DATE
RECEIVED
PRINT NAME
TITLE
SIGNATURE
(BLUE INK ONLY)
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 38 of 119
FORM 8
CERTIFICATION TO ACCURACY OF PROPOSAL
The Proposer, by executing this form, hereby certifies and attests that all forms, affidavits and documents
related thereto that it has enclosed in the proposal in support of its proposal are true and accurate. Failure
by the Proposer to attest to the truth and accuracy of such forms, affidavits and documents shall result in
the proposal being deemed non -responsive and such proposal will not be considered.
By submitting a proposal to do the work, the Proposer certifies that a careful review of the RFP and the
Agreement has taken place and that the Proposer is fully informed and understands the requirements of
the RFP and the Agreement and the quality and quantity of service to be performed.
The undersigned individual, being duly sworn, deposes and says that:
A. He/She is
Proposer that has submitted the attached proposal;
of , the
B. He/She is fully informed respecting the preparation and contents of the attached proposal and of
all forms, affidavits and documents submitted in support of such proposal;
C. All forms, affidavits and documents submitted in support of this proposal and included in this
proposal are true and accurate;
D. No information that should have been included in such forms, affidavits and documents has been
omitted; and
E. No information that is included in such forms, affidavits or documents is false or misleading.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 39 of 119
FORM 8
CERTIFICATION TO ACCURACY OF PROPOSAL
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this
by as
(Name of person acknowledging)
for
(Company name)
Personally known to me
produced
day of , 20191
(Title)
or has produced Identification , type of identification
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
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FORM 9
PROPOSAL SECURITY
ATTACH CASHIER'S CHECK OR PROPOSAL BOND
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services page 41 of 119
FORM 10
SCRUTINIZED COMPANIES
The undersigned Proposer in accordance with Section 287.135, Florida Statutes, hereby certifies that:
Proposer is not participating in a boycott of Israel;
Proposer is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List;
Proposer does not have business operations in Cuba or Syria.
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2019,
by as
(Name of person acknowledging) (Title)
for
(Company name)
Personally known to me or has produced Identification , type of identification
produced
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF
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FORM 11
PUBLIC ENTITY CRIMES
Sworn Statement Under §287.133(3)(a), Florida Statutes
(This form must be signed in the presence of a notary public or other officer authorized to administer
oaths.)
1. This sworn statement is submitted with Bid, Proposal or contract No.
2. This sworn statement is submitted by:
(name of entity submitting sworn statement)
whose business address is:
Federal Identification Number
(FEIN) is:
(if applicable)
Social Security Number:
(if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement)
3. My name is:
(print name of individual signing this document)
and my relationship to the entity is:
4. 1 understand that a "public entity crime" as defined in §287.1330)(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 with the United states, including, but not limited to, any bid or contract for goods
or services to be provided to any public entity or 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.
5. 1 understand that a "convicted" or "conviction" as defined in §287.133(1)(b), Florida Statutes,
means a finding of guilt of a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of
guilty or nolo contendere.
6. I understand that an "affiliate" as defined in §287.133(1)(a), Florida Statutes means:
(a) A predecessor or successor of a person or a corporation convicted of a public entity crime;
or
DM# 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 43 of 119
(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 crime. The term "affiliate" includes
those officers, directors, executives, partners, share holders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another person, or a pooling of equipment
or income among persons when not for fair market value under an arm's length
agreement, shall be a prima -facie case that one person controls another person. A person
who knowingly enters into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall be considered an
affi I iate.
7. 1 understand that a "person" as defined in §287.1330)(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 binds or applies to bids 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 an
entity.
8. Based on the information and belief, the statement that I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies)
a. Neither the entity submitting the sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members or agents who are active in management
of the entity nor any affiliate of the entity have been charged with and convicted of a public entity
crime subsequent to July 1, 1989.
b. The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members or agents who are active in management
of the entity or an affiliate of the entity has been charged with and convicted of a public entity
crime subsequent to July 1, 1989 and (Please indicate which additional statement applies)
1. There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order entered
by the hearing officer did not place the person or affiliate on the convicted vendor list.
(Please attach a copy of the final order)
2. The person or affiliate was placed on the convicted list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that
it was in the public interest to remove the person or affiliate from the convicted vendor
list. (Please attach a copy of the final order)
3. The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pending with the Department of General Services)
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 44 of 119
Signature
STATE OF )
ss:
COUNTY OF )
Swom to and subscribed before me this
Date
day of , by
who (check one) [ ] is personally known to me or [ ] has produced
as identification.
Notary Public, State of
Print or Type Name of Notary Public
My commission expires:
(Seal)
(Not valid without seal or stamp)
END OF PUBLIC ENTITY CRIMES STATEMENT
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 45 of 119
AGREEMENT DOCUMENTS
The Agreement located in this Section for Roadway Traffic Signage Maintenance Services within the CITY
is the form of the agreement that shall be utilized with the successful Proposer. The CITY reserves the
right to award or not to award the Agreement in the best interests of the CITY.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 46 of 119
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
AGREEMENT DOCUMENT
City of Weston RFP NO. 2019-07
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 47 of 119
CITY OF WESTON, FLORIDA
RFP NO. 2019-07
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
INDEX
SECTION 1 TERM AND TERMINATION
SECTION 2 SCOPE OF WORK
SECTION 3 STANDARDS OF WORK
SECTION 4 STANDARDS OF CONTRACTOR
SECTION 5 STANDARDS OF LABOR & MATERIALS
SECTION 6 STANDARDS OF INSURANCE
SECTION 7 STANDARDS OF PERFORMANCE & PAYMENT SECURITY
SECTION 8 GENERAL CONDITIONS
SECTION 9 SPECIAL CONDITIONS
SECTION 10 EXHIBIT FORMS
DM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 48 of 119
AGREEMENT
AMONG THE
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
AND
•
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP NO. 2019-07
This Agreement is made and entered into the day of , 2019 among the City
of Weston, a Florida municipal corporation, Indian Trace Development and District Bonaventure
Development District, (collectively "CITY")
Roadway Traffic Signage Maintenance Services ("Agreement").
Manager" shall be meant to include his designee.
("CONTRACTOR") for
References in this Agreement to "City
The following exhibits are incorporated herein and made a part of this Agreement:
Exhibit A: Certificate of Insurance
Exhibit B: Fee Schedule
Exhibit C: Contractor's Sub -Contractors List
Exhibit D: Transition Plan
Exhibit E: Performance & Payment Security
WITNESSETH:
WHEREAS, CITY solicited proposals from PROPOSERS to perform Roadway Traffic Signage Maintenance
Services; and
WHEREAS, proposals were evaluated and ranked by a Selection Committee and a recommendation was
made to the City Manager, and
WHEREAS, on , CITY adopted Resolution No. , which ratified or
altered the ranking of proposals for Roadway Traffic Signage Maintenance Services and authorized the
appropriate CITY officials to execute an Agreement with the number one ranked PROPOSER
; and
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 49 of 119
WHEREAS, City Commission has selected CONTRACTOR to perform Roadway Traffic Signage
Maintenance Services, on an ongoing, or as needed basis, and at the sole discretion of CITY; and
WHEREAS, CITY and CONTRACTOR desire to enter into an Agreement whereby the duties and
obligations each to the other are set forth.
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:
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 50 of 119
SECTION 1
TERM AND TERMINATION
1.1 Term
The term of this Agreement shall begin on the date that it is fully executed and shall extend until
March 31, 2023 with two optional three (3) year renewal terms 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 1.2 of this Agreement.
1.2 Termination
A. This Agreement may be terminated for cause by action of the City Commission if
CONTRACTOR is in breach and has not corrected the breach within 30 days after written
notice from CITY identifying the breach, or for convenience by action of the City
Commission upon not less than 10 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 the City Manager
determines that termination is necessary to protect the public health, safety, or welfare.
B. This Agreement may be terminated for cause by CONTRACTOR if CITY is in breach and
has not corrected the breach within 60 days after written notice from CONTRACTOR
identifying the breach.
C. Termination of this Agreement for cause shall include but not be limited to, failure to
suitably perform the services, failure to continuously perform the services in a manner
calculated to meet or accomplish the objectives of CITY as set forth in this Agreement or
multiple breaches of the provisions of this Agreement notwithstanding whether any such
breach was previously waived or cured.
D. Notice of termination shall be provided in accordance with Section 8.14(G.) NOTICES of
this Agreement except that notice of termination by the City Manager which the 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 Section 8.15(G.)
NOTICES of this Agreement.
E. In the event this Agreement is terminated for convenience, upon being notified of CITY'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.
DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance services Page 51 of 119
F. In the event this Agreement is terminated, any compensation payable by CITY shall be
withheld until all documents are provided to CITY pursuant to the Agreement. In no event
shall CITY be liable to CONTRACTOR for any additional compensation, other than that
provided herein, or for any consequential or incidental damages.
G. This Agreement may be terminated by the CITY if the CONTRACTOR is found to have
submitted a false certification, Form 10, Scrutinized Companies, has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, has
been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged
in business operations in Cuba or Syria.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 52 of 119
SECTION 2
SCOPE OF WORK
2.1 Intent
The CONTRACTOR shall provide all required permits, labor, material, equipment and services
necessary for the fabrication, installation, maintenance and repair of roadway traffic signage
located on public rights -of -way and within CITY owned properties.
The CITY reserves the right to conduct investigations as it deems necessary, to determine the
ability of the selected CONTRACTOR(s) who shall perform the work or services. Information the
CITY deems necessary in order to make a determination, shall be provided by the CONTRACTOR
upon request.
2.2 CONTRACTOR shall be responsible for the following:
A. Installation of new traffic signs at new locations, in the right-of-way, CITY property and
parking lots as directed by the CITY, all in accordance with the requirements and
standards referenced in this RFP.
B. Repair of portions of existing traffic signs in the right-of-way all in accordance with the
requirements and standards referenced in this RFP. Repairs shall be in -place (on the site
at existing locations) or shop repaired and installed in the field.
C. Rapid installation of temporary traffic signage for critical downed signs.
D. Removal and replacement of existing traffic signs knocked down or severely damaged by
vehicular traffic or other means.
E. Installation of new signage in CITY Parks and other CITY Facilities.
F. Re-establish the vertical alignment of leaning street sign posts of signs dislodged from
vertical position by storms and hurricanes or other means.
G. Installation of temporary miscellaneous non -Weston standard traffic signs and
informational signage, as requested by the CITY.
H. Contractor shall provide, if requested by the CITY, a subcontractor to provide sign
retroreflectivity measurement using a retroreflectometer.
Providing salvage value for damaged or destroyed metal signage materials as applicable.
Other various and signage related work and tasks as directed by the CITY not mentioned
above.
OM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 53 of 119
2.3 Existing Locations
There are approximately 5,300 existing traffic signs throughout the CITY within the Rights -of -Way
and in CITY owned properties. A more detailed map of the CITY can be accessed at
https://www.Westonfl.org/trafficsigns. These are the typical roadway & street name signage and
other informational signage all design and mounted on posts and backing in accordance with
Weston Standards as shown in Section 3, STANDARDS OF WORK, of this RFP.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 54 of 119
SECTION 3
STANDARDS OF WORK
3.1 Level of Service
A. All traffic signs shall be installed per the requirements and standards referenced in this
RFP.
B. Signs are typical standard signs and object markers approved for use on streets, highways,
bikeways, and pedestrian crossings. Other signs include special word messages for
guidance information.
C. Each traffic signpost shall be dug by hand or other small equipment or hand tools means.
Digging using a bobcat machine or large equipment shall be prohibited. The Contractor
shall be responsible to repair any underground irrigation related pipes or conduits. The
CONTRACTOR shall utilize all new materials and shall not use any refurbished signs
unless authorized by the CITY.
D. Any traffic sign that is knocked down, damaged, or missing shall be replaced by the
CONTRACTOR with a temporary sign within 24 hours from time of request by the CITY.
E. Permanent new replacement signs must be installed within 14 calendar days from the
time a work order request is issued to the CONTRACTOR by the CITY.
F. CONTRACTOR shall provide sign repair and maintenance services to include but not
limited to in -place sign blade (sign face) repair and replacement; signpost re -plumbing
(straightening); backplate removal, replacement or straightening; in -place welding of
collars and back plates. Removal of existing signs for shop repair.
G. All work shall be warranted for a period of one year after the acceptance of the work by
the CITY. Except for sign blade minimum retroreflectivity per the MUTCD standards shall
be warranted for a period not less than two years. The date of approval, by the CITY, of
payment in full for said work shall be used as the acceptance date.
3.2 Sign Blade Standards
A. All new street signs installed by the CONTRACTOR shall be in accordance with the
Manual on Uniform Traffic Control Devices for Streets and Highways, or MUTCD. The
MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of
Federal Regulations (CFR), Part 655, Subpart F.
B. All new signs retroreflectivity materials shall be Type XI or in accordance with the latest
regulations of Broward County Engineering and Traffic Division (BCTED) and MUTCD.
DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 55 of 119
C. At no instance shall Sign vinyl material be less than diamond grade.
D. Existing sign blades free from damage on an otherwise damaged post, shall remain the
property of the CITY and re -utilized when possible or at the direction of the CITY.
E. The terminology "signs," "sign blades" and "sign face" are used interchangeably in this
RFP.
F. All sign (regulatory, school zones, guide and warning) blades on Weston style posts shall
be aluminum and as specified herein.
G. Signs shall be free from all defects and bubbles. The sign blades surface shall have a
warranty from free defects for a period of one year after date of installation. The
CONTRACTOR shall replace all sign blades that fail during the warranty period
H. All sign blades on Weston Style posts shall be first mounted to a back plate as described
herein. The back plates shall be a minimum of one inch larger that the sign blade on each
side and shall be of the same shape as the sign blade to which it is mounted.
I. All exposed bolts, bolts head, nuts and washers shall match the color of the adjacent
surface. E.g. Bolt head the face of a "Stop Sign" shall be painted and covered to match
the color of the Stop Sign face.
3.3 Permits
A. Where permits are required, the CONTRACTOR shall be responsible for obtaining the
permit and shall submit the invoice of the permit cost to the CITY for reimbursement.
3.4 City of Weston Style Traffic Posts Standards
Figures "A-1" — "A-7" (WHICH ARE NOT TO SCALE) specify the exact design, materials,
fabrication methods, and installation details. The CITY's Traffic Sign Standards have specific
requirements for the design and installation of the posts and back plate. These specifications shall
be strictly adhered to, all work shall be conducted in a manner designed to comply with and
completely fulfill both the intent and the long-term management requirements outlined in the
Local, State, and Federal permits.
A. Any reference to "acorn" style detail shall be "ball" style instead. Proposers shall inspect
any existing Weston style sign post in the CITY as an example.
B. Figure 3.4-A depicts a detail for a primary sign type 'A' S"xV post with stop sign and
secondary sign attached.
C. Figure 3.4-A-1 depicts a detail for a primary sign type A-1 511x5" post with just a stop sign
attached.
D. Figure 3.4-13 depicts a detail for a primary sign type B Vx5" post with only the street
name sign blades attached.
E. Figure 3.4-C depicts details for typical secondary sign type C 511x5" post with just one
main sign attached with collars and base collar.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic signage Maintenance services Page 56 of 119
F. Figure 3.4-D depicts details for typical Double Post type D 5"x5" posts with collars and
base collars and announcing the next signalized intersection. Note: These signs are
generally located within the medians main roadways.
G. Figure 3.4-E depicts a detail for typical type E 5" x 5" post with one main sign attached
with no "W" bordered by collars and with a collar base.
H. Figure 3.4-F depicts a detail for a primary sign type E 4"x4" post with one main sign
attached on a plan post. No collars, no "W", no collar base.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 57 of 119
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DMS 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 63 of 119
'n`,. .. f 1. ,_•awl
3.5 Sign Structure Repairs
The CONTRACTOR shall be responsible repairs and maintenance to the sign structure which
includes the posts, sign blade and back plate as directed by the CITY. Repairs and maintenance
include the following work.
A. The provide all labor, materials and equipment to repair of aluminum angle post collars
by on -site spot welding at post locations within the right-of-way and in CITY facilities area
and parking lots. In instances where collars can be found and re -used, the CONTRACTOR
shall utilize existing material.
B. When collars are missing, the CONTRACTOR shall manufacturer the collars and install
accordingly.
C. The CONTRACTOR shall remove damaged, bent or faded sign blades and/or sign back
plates as directed by the CITY.
D. The CONTRACTOR shall install replacement sign blades and back plate as directed by
the CITY.
3.6 Sign Inspections
If requested by the CITY, the CONTRACTOR shall perform field inspections services to survey
signs and posts that are in need of repairs as described in Sign Structure Repairs. For this task, the
CITY shall request a minimum of 100 sign post locations on work orders. Double post signs count
as one location.
The CONTRACTOR shall collect the information utilizing a free APP for mobile devices such as
Collector for ArcGIS (see more at https://www.esri.com/en-us/arcgiS/products/coIlector-for-
arcgis/overview) or similar. The CITY shall provide the setup and a link to the App that is
compatible with IOS and/or Android operating systems. The CONTRACTOR shall be responsible
for the field input and shall fill out map -driven forms previously created by the City. The
CONTRACTOR shall only need devices (mobile phones or tablets) compatible with IOS or
Android operating systems. The CONTRACTOR shall input the following information which will
be automatically uploaded to the CITY:
A. Confirm existence of sign post (Present or missing)
B. The ID number of the pole.
C. Confirm existing sign types on the post (from a drop -down list on the App)
D. Record the type of damage to the sign structure (from a drop -down list on the App):
1. Missing collars and record the state quantity.
2. Missing "W" letter and record the quantity.
3. Damaged sign blade to be replaced.
4. Damaged sign blade to be repaired in place.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 65 of 119
3.7 Replacement of Faded Signs Blades Only
The CONTRACTOR shall remove faded sign blades and replace with new sign blades in its place,
on an existing post(s) as directed by the CITY. Fee Schedule Item Al shall provide for the labor
and equipment cost for the removal of a sign blade and labor (only) to replace of new sign in its
place, on an existing post(s) on -site. The rate applies the removal of any size sign (up to a
maximum of 70"x30"). DO NOT INCLUDE material cost for new sign blades in item A10. This
material cost for the new sign blades shall be drawn from the unit cost as provided for in the Fee
Schedule "UNIT PRICES FOR MATERIALS," Items D-1 through D-18. The CITY shall submit work
orders for no less than 10 post locations at a time.
3.8 Special Retroreflectivity Inspections
If requested by the CITY, the CONTRACTOR shall perform field retroreflectivity test to measure
and record the retroreflectivity of signs using a retro refl ecto meter.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO. 2019.07 Roadway Traffic Signage Maintenance Services Page 66 of 119
Figure 3.5-A— Typical Damage to Post Collars — Requires field repairs by spot welding
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 67 of 119
� . ..
Al
1 '
Figure 3.5-C— Typical Damage to Signs Structure
Figure 3.5-D — Cases of Improper manufacturer and installation
IjPost spraying of welds are not
acceptable. Painted areas around welds
shall not fade differently.
All exposed Bolt
heads, washers
and nuts shall
match the color
t
DMA 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 69 of 119
3.9 Re -Establishment of Vertical Alignment of Sign Posts
A. The CONTRACTOR shall furnish all labor, supervision, materials, equipment, supplies,
tools, MOT, and safety measures to re-establish vertical alignment of leaning street sign
posts at various locations throughout the CITY. The general scope of work for repairs
needed and re -installation includes but not limited to the following:
1. Preparation of site location prior to commencement of work including
establishment of any MOT.
2. Excavate around the sign base and remove the sign post without damage to the
post and the sign blade(s). Any damages to the sign will be the responsibility of
the CONTRACTOR to replace the sign.
3. CONTRACTOR shall remove the existing encasing around the excavated sign
posts by chipping or other means and prepare the post for re -installation at the
same location in accordance with the foundation detail for the sign post as
provided in Exhibit B. If the excavated hole to remove the sign is not large enough
for re -installation per the foundation detail, the CONTRACTOR is responsible for
additional excavation to facilitate the foundation as shown in the detail.
4. CONTRACTOR must take all precautions not to damage the surrounding
landscaping area. Any damages to the landscape will be the responsibility of the
Contractor to replace to existing or better conditions.
5. If CONTRACTOR needs to park in the Swale area, CONTRACTOR shall use
plywood to drive or park to prevent damaging the Swale.
6. In certain locations where MOT is needed, the CONTRACTOR is responsible to
provide the MOT.
7. CONTRACTOR must also take precautions not to damage the curbing around the
sign post.
8. The CITY reserves the right to ask the CONTRACTOR to move the sign post a few
feet if the current location is determined to be too close to traffic.
9. The CONTRACTOR shall employ a sufficient number of trained technicians so
that the work is completed on time as scheduled.
10. All work shall be performed using skilled professionals and shall be executed in
a workmanlike manner in accordance with best standards and practices of the
trade. Any repairs, if required, shall be repaired in kind by skilled professionals of
the trades involved at no additional cost to the CITY.
11. All existing landscape material is designated to remain. Contractor must take pre-
cautions not to damage sod and irrigation in the swale areas and at CITY facilities.
Damaged sod and irrigation systems is the responsibility of the CONTRACTOR
and shall be replaced within 7 calendar days of being notified by the CITY. If
repairs are not completed to the satisfaction of the CITY, then the CITY will
compete repairs and deduct the cost from the contract amount.
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3.10 CONTRACTOR Use of Premises
Use of CITY -owned property during performance of work is limited as follows:
A. CONTRACTOR shall not encroach equipment or crews onto private property during
performance of work duties.
B. CONTRACTOR shall not infringe upon CITY's right to perform its own projects using its
own crews, or to employ separate CONTRACTORS on portions of the Work Area, or to
perform continuing work on portions of the project.
C. Perform all work in daylight hours unless CITY provides written authorization for night
work.
D. Do not work on Sundays or CITY defined holidays without CITY's written permission.
3.11 Protection of Existing Structures and Utilities
A. Unless otherwise provided, CONTRACTOR shall sustain in place and protect from
damage, poles, posts, water or gas mains, sewers or drains, conduits, service pipes,
sidewalks, curbs, sod, landscape, established desirable mitigation vegetation and other
structures or property in the vicinity of the work, whether over or underground.
CONTRACTOR's proposed prices shall include costs of remedial work or reinstatement
due to disturbance of existing services, structures and property made necessary by the
work.
B. CONTRACTOR shall rectify any damage to existing services, structures and property
caused by CONTRACTOR's staff or equipment without compensation.
C. CONTRACTOR shall ensure familiarity with the exact location of utilities and protect
them during work and assume liability for damage to them.
D. Property Damage
1. Observation of property damage prior to the commencement of work, whether
public or private, shall immediately be reported to CITY.
2. Property damage, whether public or private, caused by CONTRACTOR during
the course of the work shall be immediately reported to CITY, and repaired by
CONTRACTOR at the CONTRACTOR'S expense and at no cost to CITY or
property owner.
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3.12 Discovery and Notification
If CONTRACTOR discovers damages, vandalism or theft, CONTRACTOR shall immediately
notify CITY and shall file a police report of the occurrence.
3.13 Clean Up
CONTRACTOR shall be responsible on a daily basis to maintain a clean work site.
CONTRACTOR shall dispose of debris properly.
3.14 Disposal of CONTRACTOR Waste
CONTRACTOR shall be responsible for the disposal of all personal trash and job -related waste
items in a manner meeting all local, state and federal applicable laws, standards, codes and
regulations. This requirement shall be solely the CONTRACTOR's responsibility.
CONTRACTOR is responsible for all cost of disposal and any cleanup costs incurred due to
improper use, handling, or disposal of equipment, materials, and fluids.
3.15 DISPOSAL OF DAMAGE SIGNS AND POSTS
The CONTRACTOR shall deliver damaged posts and signs to CITY's Public Works Services
Center and properly place in the specified dumpsters. At no time shall the CONTRACTOR
overload the dumpster above the fill line
3.16 Special Tools and Training
CONTRACTOR shall provide for all special tools and training needed to efficiently meet the
minimum requirements of this project.
3.17 Efficient Operations
CONTRACTOR may be required by CITY to modify proposed approach for perceived efficiencies
or other general coordination reasons.
3.18 Public Relations
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CONTRACTOR's positive interaction with CITY residents is essential to the success of this
Agreement. CONTRACTOR shall extend the utmost courtesy to CITY residents at all times.
CONTRACTOR shall make no statements or offer any information concerning CITY activities,
policies and procedures. All resident inquiries shall be directed to CITY.
3.19 Final Cleaning
A. Remove any temporary protection and facilities installed for protection of the work area
or equipment during construction.
B. Comply with regulations of authorities having jurisdiction and safety standards for
cleaning.
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SECTION 4
STANDARDS OF CONTRACTOR
4.1 Intent
CONTRACTOR is an independent CONTRACTOR and the individuals assigned to work for CITY
by CONTRACTOR shall be subject to the approval of CITY and shall not be CITY employees.
CONTRACTOR shall comply with all Federal, State and local laws, rules, practices and
regulations.
4.2 Facilities
CITY reserves the right to inspect CONTRACTOR'S facilities at any reasonable time, during
normal work hours, without prior notice to determine that CONTRACTOR has a bona fide place
of business and is a responsible CONTRACTOR.
4.3 Identification
CONTRACTOR will not use or create any badge containing CITY'S name, seal, logo, or any other
reference thereof for identification. CONTRACTOR shall use only a CITY issued identification
badge.
4.4 Experience
CONTRACTOR shall have a minimum of five (5) years of experience with the fabrication,
installation and repair of roadway traffic signage. PROPOSERS shall have been in continuous
operation for a minimum of the past five (5) years from the date that the RFP is issued and shall
have a resident branch office in Monroe, Miami -Dade, Broward or Palm Beach County, Florida.
PROPOSER shall be fully licensed with all required Federal, State, and Local government
licenses/permits.
4.5 Relationship Contact
CONTRACTOR shall maintain at a minimum one relationship contact for this contract who will
respond to specific CITY requests, twenty-four hours a day, seven days a week, including all
public holidays. The relationship contact shall be available by cellular telephone and shall be
expected to visit the work site as requested by CITY. The relationship contact shall be able to
manage all facets of the contract. The relationship contact must be fluent in English and have
excellent communication skills and be capable of directing all regular maintenance and
additional services and coordinating these with CITY. The relationship contacts shall use his/her
experience and training to prevent, detect and control adverse conditions by physically inspecting
the work area regularly.
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4.6 Subcontracting Work
A. Award of Subcontracts and other contracts for Portions of Work must be preapproved by
the CITY. As part of this Agreement, CONTRACTOR shall furnish in writing to CITY the
names of persons or entities proposed for each principal portion of the work. In addition,
CONTRACTOR shall not change subcontractors performing any portion of the work
required by this Agreement without prior written approval by CITY.
CONTRACTOR shall be responsible and liable to CITY for all work performed by the
Subcontractors or their employees, agents or CONTRACTORS, pursuant to this
Agreement.
B. Sub -Contractual Relations: By listing the names of each as set forth in Exhibit "C", attached
hereto and made a part hereof, CONTRACTOR shall require each subcontractor, to extent
the work to be performed by the subcontractor, to be bound to CONTRACTOR by terms
of the Agreement, and to assume toward CONTRACTOR all the obligations and
responsibilities which CONTRACTOR, by this Agreement, assumes toward CITY. Each
sub -contract agreement, between CONTRACTOR and a subcontractor, shall preserve and
protect the rights of CITY under the Agreement with respect to the work to be performed
by the subcontractor so that subcontracting thereof shall not prejudice the rights, and shall
allow the subcontractor, unless specifically provided otherwise in the sub -contract
agreement, the benefit of all rights, remedies and redress against CONTRACTOR that
CONTRACTOR, by the Agreement, has against CITY.
C. Where appropriate, CONTRACTOR shall require each subcontractor to enter into similar
agreements with the subcontractors. CONTRACTOR shall make available to each
proposed subcontractor, prior to the execution of the sub -contract agreement, copies of
the Agreement to which the subcontractor shall be bound, and upon written request of
the subcontractor, identify to the subcontractor terms and conditions of the proposed sub-
contract agreement which may be at variance with the Agreement. Subcontractors shall
similarly make copies of applicable portions of such documents available to their
respective proposed subcontractors.
4.7 Drug -Free Workplace
CONTRACTOR shall have implemented and maintain a drug -free workplace program, in
accordance with Section 287.087, Florida Statutes.
4.8 Transition Plan
CONTRACTOR shall provide a detailed description of how services will be transitioned under
CITY'S current Agreement to CONTRACTOR. CONTRACTOR is responsible for minimizing any
negative impacts to CITY by ensuring a smooth and orderly transition of service.
Prior to the termination of this Agreement, CONTRACTOR shall use its best efforts to ensure a
smooth and orderly transition of service.
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4.9 Adherence to CITY Policy
CONTRACTOR assigned to handle the Roadway Traffic Signage Maintenance Services for the
CITY shall adhere to all CITY policies, procedures and protocols.
4.10 Disclosure of Relationships
CONTRACTOR agrees to give CITY written notice of any Relationship, as defined herein, that
CONTRACTOR enters into with CITY or any of its districts, its elected or appointed officials, its
employees or agents, during the period of this Agreement.
A "Relationship" for the purpose of this Section shall include but not be limited to
employer/employee, consultant, CONTRACTOR, sub -contractor, associate, officer, partnership,
joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift
donor/recipient in excess of $100.00, past or on -going personal relationships, or joint
involvement with charitable/voluntary activities.
4.11 Repairs
CONTRACTOR shall obtain all permits and pay all required fees to any regulatory agency having
jurisdiction over any work required to repair or replace damages caused by the CONTRACTOR.
Upon completion of the repair work, evidence satisfactory to CITY shall be furnished to show
that all work has been performed in accordance with the applicable ordinances and code
requirements.
4.12 Compliance with Code of Federal Regulations And Federal Standards
All services purchased under this agreement shall be in accordance with the Title 2 Code of
Federal Regulations (CFR), Part 200 for Uniform Administrative Requirements, Cost Principle and
Audit Requirements for Federal Awards. In addition, CONTRACTOR shall adhere to all
applicable governmental standards, including, but not limited to those issued by the Occupation
Safety and Health Administration (OSHA), the National Institute of Safety Hazards (NIOSH), and
the National Fire Protection Association (NFPA). It shall be the responsibility of the
CONTRACTOR to be regularly informed to conform to any changes in standards issued by any
regulatory agencies that govern the commodities or services applicable to this agreement. A
complete copy of the CFR may be obtained by visiting the following website:
https://www.ecfr.gov/cgi-bin/text-idx?tpl =/ecfrbrowse/Title02/2cfr200 main 02.tpl
A. CONTRACTOR shall assist in ensuring that the CITY is in compliance with Federal
Emergency Management Agency's (FEMA) reimbursement requirements, as set forth in
the CFR, §200.318, General Procurement Standards.
B. Pursuant to 2 C.F.R. Part 200.321, if subcontractors are utilized, the CONTRACTOR shall
take all necessary affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible. Affirmative steps must
include:
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1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development
Agency of the Department of Commerce or similar State and County agencies.
CONTRACTOR may use the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce. Websites and contact
information can be found at https://www.sba.gov/ and https://www.mbda.gov/.
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SECTION 5
STANDARDS OF LABOR AND MATERIALS
5.1 Labor
CONTRACTOR shall provide a sufficient number of supervised staff to complete the duties stated
within the Agreement.
CONTRACTOR shall at all times enforce strict discipline and good order among
CONTRACTOR'S employees/independent contractors and shall not employ on the work site an
unfit person or anyone not skilled in the work assigned to him. Subcontractors, employees or
independent contractors of CONTRACTOR whose work is unsatisfactory to CITY or who are
considered by CITY'S representatives as careless, incompetent, unskilled or disorderly or who
use threatening or abusive language to any person shall be dismissed from work upon notice
from CITY and shall not be employed to perform the work under this Agreement thereafter. No
liquor, alcoholic beverages, smoking or drugs shall be allowed on the site of the work.
A. Lead Technician: CONTRACTOR shall maintain a Lead Technician within the area at
during times of work. The Lead Technician shall be fluent in English and shall have
excellent communication skills and be capable of directing all work requested by the
CITY.
B. Employee/Independent Contractor or Subcontractor Performance: CONTRACTOR shall
employ (or contract with) personnel competent to perform the work specified herein.
CITY reserves the right to request the removal of a CONTRACTOR'S
employee/independent contractor or subcontractor from performing maintenance on the
CITY'S property where such employee's/independent contractor's or subcontractor's
performance or actions, are obviously detrimental to CITY.
C. Uniforms: CONTRACTOR shall provide all employees with color coordinated uniforms
that shall meet CITY'S public image requirements and be maintained by CONTRACTOR
so that all personnel are neat, clean and professional in appearance at all times. Non-
uniform clothing shall not be permitted.
D. For emergency response: The CONTRACTOR shall provide a primary point of contacts(s)
available on a twenty-four (24) hour basis, seven days per week. The CONTRACTOR
must be able to have equipment and personnel mobilized and ready to work within 4
hours of notification of an incident.
5.2 Equipment
A. Vehicles: CONTRACTOR shall keep all vehicles in good repair, free from leaking fluids,
properly registered, of uniform color and shall bear the company name on each side in
not less than 1 Yz" letters.
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B. Equipment Safety: CONTRACTOR shall keep all equipment in an efficient and safe
operating condition while performing work under this Agreement. Equipment shall have
proper safety devices maintained at all times while in use. If equipment does not contain
proper safety devices and/or is being operated in an unsafe manner, the CITY may direct
CONTRACTOR to remove such equipment and/or the operator until the deficiency is
corrected to the satisfaction of the CITY. CONTRACTOR shall be responsible and liable
for injury to persons and property caused by the operation of the equipment.
C. Storage: CITY shall not provide facilities at which CONTRACTOR may store equipment.
CONTRACTOR shall be responsible for mobilization and setup, and demobilization and
breakdown, each day.
D. Disposal of Signs: The CONTRACTOR shall be allowed to dispose of CITY owned
damaged signs in the CITY maintained roll -off container located at the Public Works
Services Center.
E. Utility Locates: The CONTRACTOR shall be responsible for coordinating utility location
in accordance with Florida law.
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SECTION 6
STANDARDS OF INSURANCE
6.1 Insurance
A. The policies of insurance shall be placed with insurance carriers authorized to do business
by the Insurance Department of the State of Florida, and meet a minimum financial rating
by AM Best Company of no less than "A- Excellent: FSC VIl"; and,
B. CITY shall be named as additional insured on all policies except worker's compensation
and professional liability; and,
C. The additional insured status for CITY for general liability and for completed operations
shall be maintained for this Agreement for five years following the completion of all
services, pursuant to this Agreement or no more restrictive than the Insurance Services
office (ISO) form CG 2037 (07 04).
D. Any person, organization, vehicle, equipment, or other person or property fulfilling this
Agreement is bound by these insurance requirements.
E. Any changes to these specifications shall be at the sole and exclusive discretion of CITY.
F. CITY retains the right to review, at any time, policies, coverage, applicable
forms/endorsements, and amounts of insurance.
G. CONTRACTOR is responsible for repairing or replacing any damage to structures unless
otherwise addressed within this Agreement.
H. Insurance shall not be suspended, voided or canceled except after 30 calendar days prior
written notice by certified mail, return receipt requested, has been given to CITY, except
the cancellation notice period for non-payment of premiums shall be 10 days.
Certificates of Insurance evidencing conditions to this Agreement are to be furnished to
City of Weston, 17200 Royal Palm Boulevard, Weston, FL 33326.
�. Notices of Accidents (occurrences) and Notices of Claims associated with work being
performed under this Agreement shall be provided to CONTRACTOR's insurance
company and CITY as soon as practicable after notice to the insured.
K. CONTRACTOR agrees by entering into this written Agreement that the insurance policies
provided will include a Waiver of Subrogation in favor of CITY. CONTRACTOR'S
insurance shall be Primary and non-contributory.
L. CONTRACTOR is responsible for any costs or expenses below deductibles, self -insured
retentions, coverage exclusions or limitations, or coinsurance penalties.
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6.2 Specific Coverage
A. Workers Compensation: CONTRACTOR shall provide statutory workers' compensation,
and employer's liability insurance with limits of not less than $1,000,000 per employee
per accident, $1,000,000 disease aggregate and $1,000,000 per employee per disease
for all personnel on the worksite. If applicable, coverage for the Jones Act and United
States Longshoremen and Harborworkers exposures must also be included. Elective
exemptions shall NOT satisfy this requirement. Certificates evidencing an employee
leasing company as employer shall not be accepted). In the event CONTRACTOR has
"leased" employees, CONTRACTOR must provide a workers' compensation policy for
all personnel on the worksite. All documentation must be provided for review and
approval by CITY.
CONTRACTOR is responsible for the Workers' Compensation of any and all
subcontractors, including leased employees, used by CONTRACTOR. Evidence of
workers' compensation insurance coverage for all subcontractors, including leased
employees, must be submitted prior to any work being performed.
B. Commercial General Liability: CONTRACTOR shall provide evidence of commercial
general liability on an occurrence Form no more restrictive than ISO form CG 2010, and
including but not limited to bodily injury, property damage, contractual liability, products
and completed operations (without limitation), and personal and advertising injury
liability with limits of not less than $1,000,000 each occurrence, and $2,000,000 in
aggregate, covering all work performed under this Agreement.
C. Business Automobile Liability: CONTRACTOR shall provide evidence of business
automobile liability on a standard ISO form, and including per occurrence limits of not
less than $1,000,000 covering all work performed under this Agreement. Coverage shall
include liability for owned, non -owned & hired automobiles. If private passenger
automobiles are used in the business, they shall be commercially insured.
D. Umbrella or Excess Liability: Umbrella polices are acceptable to provide the total required
general liability, automobile liability, and employers' liability limits. Umbrella policies
shall also name CITY as additional insured and coverage shall be provided on a "Follow
Form" basis.
E. Subcontractors: Insurance requirements itemized in this contract and required of
CONTRACTOR shall be provided on behalf of all subcontractors to cover their operations
performed under this Agreement. CONTRACTOR shall be held responsible for any
modifications, deviations, or omissions in these insurance requirements as they apply to
subcontractors.
F. Pollution Liability: For sudden and gradual occurrences or claims made and in an amount
no less than $1,000,000 per claim and $3,000,000 in the aggregate arising out of work
performed under this Agreement, including but not limited to, all hazardous materials
identified under the Agreement.
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G. Professional Liability: CONTRACTOR shall obtain, at CONTRACTOR's expense, and
keep in effect during the term of this contract, Professional Liability Insurance covering
any damages caused by an error, omission or any negligent acts. Combined single limit
per occurrence shall not be less than $2,000,000.
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SECTION 7
STANDARDS OF PERFORMANCE & PAYMENT SECURITY
7.1 Security Requirements
A. Within fourteen days of the Notice of Award by City Commission, CONTRACTOR shall
furnish to CITY performance & payment security in an amount equal to $100,000.00 or
100% of the total annual cost whichever is greater as security for the faithful performance
of Agreement and for the payment of all persons performing labor and/or furnishing
materials in connection with the Agreement. Bond shall be submitted on Exhibit E
provided in the Agreement. The condition of this obligation is such that, if
CONTRACTOR shall promptly and faithfully perform the Agreement, make payments to
all claimants for all labor and material used or reasonably required for use in the
performance of the Agreement, and shall fully indemnify and save harmless CITY and its
agents and/or service provider for all costs and damages that may be suffered by reason
of failure to do so, then this obligation shall be null and void; otherwise it shall remain in
full force and effect.
B. The performance & payment security shall be in the form of a cashier's check payable to
"City of Weston" and drawn on a bank, authorized to do business in the State of Florida,
or a surety bond issued by a surety company meeting the qualifications stated in this
Section. A copy of the cashier's check or surety bond shall be attached as Exhibit E.
C. The surety company issuing the surety bond shall fulfill each of the following provisions,
and CONTRACTOR shall provide evidence to document such fulfillment:
1. The surety company is licensed to do business in the State of Florida.
2. The surety company holds a valid certificate of authority, authorizing it to write
surety bonds in the State of Florida.
3. The surety company has twice the minimum surplus and capital required by the
Florida Insurance Code at the time the Agreement is executed.
4. The surety company is otherwise in compliance with the provisions of the Florida
Insurance Code.
5. The surety company holds a valid certificate of authority issued by the United
States Department of the Treasury under 31 U.S.C. § 9304-9308.
6. The bond shall contain all provisions required by § 255.05, Florida Statutes, as
may be amended from time to time.
7. The bond shall be issued by a Florida resident agent.
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SECTION 7
STANDARDS OF PERFORMANCE & PAYMENT SECURITY
CONTINUED
8. A surety bond shall be executed by a surety company of recognized standing
having been in business with a record of successful continuous operation for at
least five years.
9. The surety company shall meet a minimum financial rating by AM Best Company
of no less than "A- Excellent: FSC VII" and shall have at least a minimum
policyholders rating of A- Class VII or higher. In the event that the surety
company's rating shall drop, the surety company shall immediately notify CITY.
10. All surety companies are subject to review and approval by CITY and may be
rejected without cause. All bonds signed by an agency shall be accompanied by
a certificate of authority to act.
D. Duration of Security: Performance & payment security shall remain in force until
expiration. if the Agreement is terminated, they shall remain in force for one year from
the date of termination of this Agreement as protection to CITY against losses resulting
from improper performance of work under the Agreement that may appear or be
discovered during that period.
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SECTION 8
GENERAL CONDITIONS
8.1 Notice to Commence
No work shall commence until the Notice of Commencement is issued by CITY.
8.2 Exemption Prohibition
CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting any
provisions of this Agreement.
8.3 Failure to Comply with Provisions
CONTRACTOR agrees and acknowledges that CONTRACTOR'S failure to comply with any
provisions in this Agreement, including but not limited to failing to accurately complete any or
all attached forms and exhibits, may constitute a breach of this Agreement, and may result in
termination of this Agreement.
8.4 Additional Services
If it should become necessary for CITY to request CONTRACTOR to render any additional
services to either supplement the services described in the Agreement or to perform additional
work, such additional work shall be performed only if set forth in an amendment to this
Agreement. Any such additional work shall be by mutual agreement of both parties, negotiated
as to price, and approved by action of City Commission.
8.5 Compensation
A. The amount of compensation payable by CITY to CONTRACTOR shall be based upon
the prices as set forth in Exhibit B, attached hereto and made a part hereof, which amount
shall be accepted by CONTRACTOR as full compensation for all 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 Agreement.
B. CONTRACTOR may submit an invoice for compensation, developed and agreed upon
by 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 previously. Each statement shall
show the proportion of the guaranteed maximum payment that has been expended
through previous billings.
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C. Notwithstanding any provision of this Agreement to the contrary, the City Manager may
withhold, in whole or in part, payment to the extent necessary to protect CITY from loss
on account of inadequate or defective work which has not been remedied or resolved in
a manner satisfactory to the City Manager. The amount withheld shall not be subject to
payment of interest by CITY.
D. Payment shall be made to CONTRACTOR in accordance with the local government
prompt payment act as stipulated in part VII of Chapter 218, Florida Statutes, by check,
electronic funds transfer (EFT), e-pay or p-card, or other method as determined by CITY
in its sole discretion.
E. Beginning on October 1, 2020 and each October 1" thereafter, CONTRACTOR shall
receive an annual adjustment in the rates that are part of the total Collection element of
rates established in the Rate Structure provided in Exhibit B. The adjustment to the
Collection element of costs in Exhibit B shall be based on the annual change in the April
Consumer Price Index - All Urban Consumers, Not Seasonally Adjusted, All Items, Miami -
Fort Lauderdale -West Palm Beach Area, 1982-84=100, Series ID: CUURS35BSA0,
CUUSS35BSAO (the "CPI"), except that the annual adjustment to the costs shall not
exceed 5% (increase or decrease). The CPI is available from the United States Department
of Labor, Bureau of Labor Statistics. The parties acknowledge that fuel costs are reflected
in the above referenced CPI, and therefore there shall be no additional fuel costs
adjustments.
8.6 Taxes
CONTRACTOR shall not be entitled to CITY'S tax-exempt benefits.
8.7 Verbal Agreements
A. No verbal agreement or conversation with any officer, agent, or employee of the CITY,
either before or after execution of the Agreement, shall affect or modify any of the terms
or obligations contained in the Agreement. Any such verbal agreement or conversation
shall be considered as unofficial information and in no way binding upon CITY or
CONTRACTOR.
B. The terms, conditions, and pricing of the Agreement can only be altered with an
amendment to the Agreement by action of City Commission.
8.8 No Contingency Fees
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.
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8.9 Assignment; Non -transferability of Agreement
A. The Agreement shall not be assigned or transferred. if CONTRACTOR is, or may be,
purchased by or merged with any other corporate entity during the Agreement, the
Agreement may be terminated as a result of such transaction. The City Manager shall
determine whether an Agreement is to be terminated in such instances.
B. If, at any time during the Agreement, filings, notices or like documents are submitted to
any regulatory agency concerning the potential acquisition of CONTRACTOR, or the sale
of a controlling interest in CONTRACTOR, or any similar transaction, CONTRACTOR
shall immediately disclose such information to CITY. Failure to do so may result in the
Agreement being terminated, at CITY'S sole discretion.
8.10 Compliance with Applicable Laws
CONTRACTORS are required to comply with all provisions of federal, state, county and local
laws, ordinances, rules and regulations that are applicable to the services being provided in this
Agreement. Lack of knowledge of CONTRACTOR shall in no way be a cause for relief from
responsibility or constitute a cognizable defense against the legal effects thereof.
8.11 Familiarity with Laws and Ordinances
CONTRACTOR is familiar with all federal, state and local laws, ordinances, rules and regulations
which affect those engaged or employed in the provision of such services, or equipment used in
the provision of such services, or which in any way affects the conduct of the provision of such
services; and no plea of misunderstanding will be considered on account of ignorance thereof. If
CONTRACTOR discovers any provisions in the Agreement that are contrary to or inconsistent
with any law, ordinance, or regulation, it shall report the issue to CITY in writing without delay.
8.12 Advertising
CONTRACTOR agrees not to use this Agreement as a part of any advertising or CONTRACTOR
sponsored publicity without the express written approval of City Manager or designee.
8.13 Indemnification
A. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney
selected by CITY, to defend CITY and any of its 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.
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B. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney
selected by CITY, to defend CITY and any of its 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.
C. CONTRACTOR shall indemnify CITY and any of its 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 Agreement.
CONTRACTOR shall defend and/or settle at its own expense any action brought against
CITY, any of its 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
Agreement, 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.
D. CONTRACTOR acknowledges that specific consideration has been paid or shall 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.
E. The provisions of this section shall survive the expiration or earlier termination of this
Agreement. To the extent considered necessary by City Manager and City Attorney, any
sums due to 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.
8.14 Miscellaneous
A. Ownership of Documents: Unless otherwise provided by law, any and all reports,
surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of CITY. Any compensation due to
CONTRACTOR shall be withheld until all documents are received as provided herein.
B. Audit and Inspection Rights, Retention of Records:
1. 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.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 88 of 119
2. 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. Such records and accounts shall
be kept after completion of the work provided for in this Agreement, for at a
minimum, the retention period required by the Florida Public Records Act
(Chapter 119, Florida Statutes) and by item 340, Disbursement Records: Detail,
of the State of Florida General Records Schedule GS1-SL for State and Local
Government Agencies, as may be promulgated from time to time. Such books and
records shall be available at all reasonable times for examination and audit by
CITY.
3. Such retention of such records and documents shall be at CONTRACTOR'S
expense.
4. If any audit has been initiated and audit findings have not been resolved at the
end of the retention period, 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.
5. CONTRACTOR shall respond to the reasonable inquiries of successor
CONTRACTORS and allow successor CONTRACTORS to receive working papers
relating to matters of continuing significance.
6. CONTRACTOR shall provide a complete copy of all working papers to CITY,
prior to final payment by CITY, in accordance with the Agreement for
CONTRACTOR'S services.
C. Public Records: CONTRACTOR shall comply with The Florida Public Records Act as
follows:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the service.
2. Upon request by the CITY's records custodian, provide the CITY 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 Chapter 119,
Florida Statutes, or as otherwise provided by law.
3. 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 Agreement term.
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4. Upon completion of the Agreement or in the event of termination of the
Agreement by either party, any and all public records relating to the Agreement
in the possession of CONTRACTOR shall be delivered by CONTRACTOR to
CITY, at no cost to CITY, within seven (7) days. All records stored electronically
by CONTRACTOR shall be delivered to the CITY in a format that is compatible
with the CITY's information technology systems. Once the public records have
been delivered to the CITY upon completion or termination of this Agreement,
CONTRACTOR shall destroy any and all duplicate public records that are exempt
or confidential and exempt from public record disclosure requirements.
5. CONTRACTOR'S failure or refusal to comply with the provisions of this Section
shall result in the immediate termination of this Agreement by the CITY.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 954-385-2000,
pbates@westonfl.org OR BY MAIL: City of Weston — Office of
City Clerk, 17200 Royal Palm Boulevard, Weston, FL 33326.
D. 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.
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E. 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, CONTRACTOR 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 an contract 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.
F. Third Parry 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.
G. Notices: Whenever either party desires to give notice to the other, such notice shall 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/CEO
City of Weston
17200 Royal Palm Boulevard
Weston, FL 33326
OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 91 of 119
With a copy to:
Jamie Alan Cole, Esq.
City Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
200 East Broward Boulevard, Suite 1900
Fort Lauderdale, FL 33301
CONTRACTOR:
H. 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.
1. 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.
2. In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written Agreement, from having any conflicts within the
meaning of this section.
I. 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.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 92 of 119
). 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 days after the finding
by the court becomes final.
K. 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 express 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.
L. Priority of Provisions: If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any form and 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 Sections 1 through 8 of this Agreement shall
prevail and be given effect.
M. Applicable Law and Venue: Attorney's Fees and Costs: This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State 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 any action to
enforce this Agreement shall be in Broward County, Florida. The parties expressly waive
all rights to trial by jury for any disputes arising from or in any way connected with this
Agreement. The parties understand and agree that this waiver is a material Agreement
term. This Agreement is not subject to arbitration. if any 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.
N. 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.
O. Prior Agreements: This Agreement and its attachments constitute the entire agreement
between CONTRACTOR and CITY, and this document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable
to the matters contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject 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 Section7.17 (N.) Amendments above.
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P. Incorporation by Reference: The truth and accuracy of each "Whereas" clause set forth
above is acknowledged by the parties. The attached Forms and Exhibits are incorporated
hereto and made a part of this Agreement.
Q. Multiple Originals: This Agreement may be fully executed in five (5) copies by all parties
each of which, bearing original signatures, shall have the force and effect of an original
document.
R. Headings: Headings are for convenience of reference only and shall not be considered in
any interpretation of this Agreement.
S. Binding Authority: Each person signing this Agreement on behalf of either party
individually warrants that he or she has 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.
T. Survival of Provisions: Any terms orconditions 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.
U. 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
factual unit costs supporting the compensation of this Agreement are accurate, complete,
and current at the time of contracting.
V. Non -Appropriation of Funds: In the event no funds or insufficient funds are appropriated
and budgeted or are otherwise unavailable in any fiscal year for payments due under this
Agreement, then CITY, upon written notice to CONTRACTOR of such occurrence, shall
have the unqualified right to terminate this Agreement without any penalty or expense to
CITY.
W. Default: In the event of a default by CONTRACTOR, CONTRACTOR shall be liable for
all damages resulting from the default. CITY may take advantage of each and every
remedy specifically existing at law or in equity. Each and every remedy shall be in
addition to every other remedy specifically given or otherwise existing and may be
exercised from time to time as often and in such order as may be deemed expedient by
CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed
to be a waiver of the right to exercise any other remedy. CITY's rights and remedies as set
forth in this Agreement are not exclusive and are in addition to any other rights and
remedies available to CITY in law or in equity.
DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 94 of 119
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 95 of 119
None.
SECTION 9
SPECIAL CONDITIONS
[THIS SPACE INTENTIONALLY LEFT BLANK]
OMn 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 96 of 119
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07
TRACE DEVELOPMENT
FOR
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 , 2019;
and authorized to execute same.
ATTEST:
Patricia A. Bates, MMC, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of Weston only:
By:
Jamie Alan Cole, City Attorney
day of , 2019
CITY OF WESTON, through its City Commission
By:
By:
Daniel J. Stermer, Mayor
day of , 2019
John R. Flint, City Manager /CEO
day of , 2019
(CITY SEAL)
OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 97 of 119
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN TRACE DEVELOPMENT
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND FOR
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
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 , 2019;
and authorized to execute same.
ATTEST:
Patricia A. Bates, MMC, City Clerk
INDIAN TRACE DEVELOPMENT DISTRICT
By:
By:
Daniel). Stermer, Mayor
day of , 2019
John R. Flint, City Manager/CEO
Approved as to form and legality day of , 2019
for the use of and reliance by the
City of Weston only:
(CITY SEAL)
By:
Jamie Alan Cole, City Attorney
day of , 2019
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 98 of 119
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN TRACE DEVELOPMENT
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND FOR
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
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 , 2019;
and authorized to execute same.
ATTEST:
Patricia A. Bates, MMC, City Clerk
BONAVENTURE DEVELOPMENT DISTRICT
By:
By:
Daniel J. Stermer, Mayor
day of , 2019
John R. Flint, City Manager /CEO
Approved as to form and legality day of , 2019
for the use of and reliance by the
City of Weston only:
By:
Jamie Alan Cole, City Attorney
day of , 2019
(CITY SEAL)
OM# 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 99 of 119
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT AND FOR ROADWAY
TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
By:
WITNESSES:
Signature
Print Name
Signature
Print Name
day of , 2019
OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 100 of 119
SECTION 10
EXHIBITS FORMS
The exhibits located in this section of the Agreement shall be submitted by the successful
PROPOSER/CONTRACTOR after the award of the Agreement (at the time specified herein).
[THIS SPACE INTENTIONALLY LEFT BLANK]
DMN' 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 101 of 119
EXHIBIT
CERTIFICATE OF INSURANCE
ATTACH CERTIFICATE OF INSURANCE
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 102 of 119
� r
■ r 11
FEE SCHEDULE
CONTRACTOR offers the following fee for providing all labor, materials, maintenance of traffic and
equipment to perform Traffic Signage Maintenance Services in accordance with the Scope of Work and
terms of the Agreement. The quantities below are annual estimates ONLY and not a guaranteed amount.
Item
Descripieon.. ,
Unit
�t`„'ated
Quantity
Unit Price
Total
Manufacture and installation of Primary Sign
Type A Post per details shown Figure 3.4-A:
Al
14'-2" height with two street name signs
each
20
perpendicular with blades & backing plate for
35 MPH. Does NOT include regulatory signs
shown.
Manufacture and installation of Primary Sign
Type A-1 Post per details shown Figure 3.4-A-
A2
1 :12'-0" height with two street name signs
each
20
perpendicular with blades & backing plate for
35 MPH. Does NOT include regulatory signs
shown.
Manufacture and installation of Sign Type 6
A3
Post per details shown Figure 3.4-6: 12'-0"
each
20
Post as shown with two street name signs
perpendicular all with backing plate.
Additional Cost over Item 1 or 2 for street
A4
name signs for specified for roads 40MPH or
each
40
greater. See detail in Figure 3.4-A.
Manufacture and installation of Sign Type C
A5
Post per details shown Figure 3.4-C: 12'-0"
each
100
Post as shown. Does NOT include regulatory
signs shown.
Manufacture and installation of Sign Type D
A6
Posts per details shown Figure 3.4-D: Includes
each
40
Double Posts 9'-6" high as shown. Does NOT
include signs shown.
Manufacture and installation of Sign Type E
Post per details shown Figure 3.4-E: 12'-0"
A7
Post as shown. 5"x5" Plain 12'-0" High Post
each
100
(No mid -height collars, No "W"). Does NOT
include regulatory signs shown.
Manufacture and installation of Sign Type F
Post per details shown Figure 3.4-F: 121-0"
A8
Post as shown. 4"x4" Plain 12'-0" High Post
each
40
(No collars for entire post, No "W", no outer
base). Does NOT include regulatory signs
Labor and equipment cost for removal of
damaged sign blade and backing plate only,
each
A9
any size, prior to installation of new sign blade
100
and backing plate on existing post(s). ANY
SIZE. Minimum work order 10 locations.
DM# 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 103 of 119
Item
.
Desc'60- ton.:
Unit
Esmated .
ti
Quantity
nit Pace.
Total
Labor and equipment cost for the removal of a
sign blade and labor (only) to replace of new
sign in its place, on an existing post(s). The
each
A10
rate applies to any size sign (up to a maximum
200
of 70"x30".) DO NOT INCLUDE material cost
for new sign blade. Minimum work order 10
locations.
Vertical re -alignment of (re -plumb) Single
each
A11
5"x5" (or smaller) post per location. Minimum
50
work order 10 locations.
Vertical re -alignment of (re -plumb) Double
each
Al2
5"x5" posts post per location. Minimum work
20
order 10 locations.
Removal of knocked down sign post and
A13
return to Public Services Center per instance
each
100
(for Double post signs rate shall be 1.5 times
A13)
Install temporary signage with temporary post
A14
per BCETD requirements within CITY
each
40
response requirements
On -site welding of existing dislodged collars
to posts per side of post. CONTRACTOR to
A15
utilize existing aluminum angle collar
each
200
supplied by CONTRACTOR. Minimum work
order amount 10 posts locations.
On -site welding of dislodged collars to posts
A16
per side. CONTRACTOR to supply matching
Each
200
aluminum angle collar. Minimum work order
amount 10 post locations.
Supply and install "W" on existing posts on-
A17
site in the ROW and CITY facilities. Minimum
Each
200
work order amount 10 post locations.
Hourly rate labor rate for Sign Installation Two
A18
Person crew. Includes transportation and tools
hour
50
for installation of miscellaneous signs. DOES
NOT INCLUDE SIGN MATERIALS.
Inspection and field documentation of signs
for damage per sign post location in with
A19
accordance Section 3.6, Sign Inspections.
Each
400
Minimum work order amount of 100 sign post
locations.
Remove old existing sign blade and install
A20
new 24"X24" Weston AM Radio Sign Blades
Each
20
on existing sign post and existing back plate
on site.
Remove old existing sign blade and install
A21
new S1-1 School Advanced Warning (3606)
Each
20
on existing sign post and existing back plate
on site
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 104 of 119
Item
Descrtptson
Unit :
Estimated
ant :Qutiy
` .
Urnt P,rtce
Total
Remove old existing sign blade and install
A22
new S2-1 School Crossing (2400) on existing
Each
20
sign post and existing back plate on site
A23
Subtotal (Items Al thru A22):
-. IN OF -SIGN BLADIE WITH BACK PLATE
Manufacture and installation of sign blades and backing plates per the drawing and written requirements for
B
the following type and size of signs. The sizes below refer to the sign blades, the back plates dimensions
shall be larger and sized accordingly pursuant to the RFP requirements:
Guide Signs
B1
D1-1 Single Destination (4208)
Each
1
B2
D1-2 Dual Destination (5400)
Each
1
B3
D11-1 Bike Route (30x24)
Each
10
133-2 Advance Street Name (aka Next
B4
Intersection Ahead) Signs - 70" X 30". D3-
Each
40
2 signs of different dimensions will be
adjusted pro rata by the square foot).
B5
139-2 Hospital (2424)
Each
5
B6
M1-1 Interstate Route Guide Sign (24x24)
Each
5
B7
M3- Series Cardinal Directional Signs
Each
5
(24x12)
B8
M4-11 Bike Route Supplemental Plaque
Each
(24x8)
1
B9
M6-1a Diagonal Arrow Auxiliary (21x15)
Each
5
B10
M6-3a Directional Arrow Auxiliary
Each
(21 x15)
1
School
Signs
B11
FTP-30-06 School Days Time (18x18)
Each
5
B12
FTP-30-06 School Speed Limit (18x24)
Each
5
B13
FTP-85-06 Official Use Only (12x18)
Each
2
B14
51-1 School Advanced Warning (3606)
Each
4
B15
S2-1 School Crossing (24x30)
Each
4
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 105 of 119
Item
Description F.
Unit,Unit
Estimated .
Quantity
°.
Price
Total,
S4-1 Time to Time Am Time to Time PM
Each
4
B16
(24x48)
B 17
S4-3 School (2400)
Each
4
55-1 School Speed Limit XX When
Each
4
618
Flashing (24x48)
B19
55-2 End School Zone (2400)
Each
4
Re ula ry Signs
B20
OM-1 Object Marker (12x12)
Each
20
B21
R 1-1 Stop (3000)
Each
40
B22
R1-2 Yield (36x36x36)
Each
5
Each
B23
R1-3 4-way (12x6)
4
B24
R14 All Way (18x6)
Each
4
B25
R10-13 Emergency Signal (36x24)
Each
4
B26
R10-20A Mon -Fri and Times (2400)
Each
2
B27
R10-7 Do Not Block Intersection
Each
4
B28
R2-1 Speed Limit (24x24)
Each
20
B29
R3-1 No Right Turn (24x24)
Each
4
B30
R3-17 Bike Lane (3004)
Each
40
R3-17A Bike Lane Supplemental Plaques
Each
B31
(30x12)
20
B32
R3-2 No Leh Turn (24x24)
Each
4
B33
113-3 No Turns (24x24)
Each
4
B34
R34 No U-Turn (24x24)
Each
10
B35
113-5 Mandatory Lane Control (3006)
Each
4
B36
R3-5U U-Turn Only (3006)
Each
4
DMf# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 106 of 119
Item
Description
Unit
Estimated
. , .
Unit Price
Total
..
,Quantity-
R3-7 Mandatory Movement Lane Control
Each
B37
(30x30)
2
1338
R3-9B Two Way Left Turn Only (2406)
Each
1
B39
R4-4 Begin Right Turn Lane Yield to Bikes
Each
4
(36x30)
B40
R4-7 Keep Right 1 (2400)
Each
20
B41
R4-7A Keep Right 2 (2400)
Each
2
B42
R5-1 Do Not Enter (2400)
Each
4
B43
115-1A Wrong Way (3000)
Each
2
B44
R6-1 One Way (3000)
Each
4
B45
R7-1 No Stopping (12x18)
Each
4
B46
R74 No Standing (12x18)
Each
2
B47
R7-7 No Parking (12x18)
Each
4
B48
R8-3 No Parking Generic (2400)
Each
4
B49
W1-1 Turn (24x24)
Each
4
B50
W1-2 Curve (24x24)
Each
1
B51
W1-7 Large Arrow (Two Directions)
Each
1
(48x24)
B52
W11-1 Bicycle (2424)
Each
4
B53
W11-11 Golf Cart (3000)
Each
2
B54
W11-12P Emergency Signal Ahead QN30)
Each
2
B55
W11-2 Pedestrian (3000)
Each
3
B56
W11-8 Emergency Vehicle (3000)
Each
4
B57
W14-1 Dead End (3000)
Each
2
OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 107 of 119
Item
Description-
Unit
Esthnated
Quantity
Unit Price
Total
B58
W14-2 No Outlet (3000)
Each
2
B59
W16-2a Distance Ahead (24x12)
Each
1
B60
W16-5P Advanced Arrow (24x18)
Each
4
B61
W16-6P Directional Arrow (24x18)
Each
4
B62
W16-7P Diagonal Arrow (24x12)
Each
4
B63
W16-9P Ahead (24x12)
Each
4
B64
W3-1 Stop Ahead (3606)
Each
2
B65
W3-2 Yield Ahead (3606)
Each
2
B66
W4-1 Merge (3606)
Each
2
B67
W4-2 Lane Ends (3606)
Each
1
B68
W9-1 Right Lane Ends (3000)
Each
1
B69
W9-2 Lane Ends Merge Left (3000)
Each
2
Subtotal (Items B1 thru 869):
$
B 70
% Markup
Total
(+) or
Annual Est X 0+1-
Item
Description of Task
Annual Estimate
Discount (-)
E.g. for 12°l° markup
(Enter % and circle
10,000 X
plus or minus)
0 +.12) m $12,000
For specialized requests from the CITY
using materials NOT described in items in
C1
A, B and D of Exhibit B - Fee Schedule,
$10,000
the CONTRACTOR shall provide a %
markup or discount on materials
GRAND TOTAL (ITEM A23 + ITEM B70 + ITEM C-1):
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 108 of 119
(Continued)
EXHIBIT B
FEE SCHEDULE
UNIT PRICES FOR MATERIALS
The CONTRACTOR offers the following unit prices for providing the items below on an as needed
basis as requested by the CITY.
Item
No.
Description
Unit
Cost
($/unit)
D1
OM-1 Object Marker (12x12)
EACH
R1-1 Stop (3000)
EACH
D2
R1-2 Yield (360606)
EACH
D3
OM-1 Object Marker (12x12)
EACH
D4
R2-1 Speed Limit (24x24)
EACH
DS
R3-1 No Right Turn (24x24)
EACH
D6
R3-17 Bike Lane (30x34)
EACH
D7
R3-17A Bike Lane Supplemental Plaques (30x12)
EACH
D8
R2-1 Speed Limit (24x24)
EACH
D9
FTP-30-06 School Days Time (18x18)
EACH
D10
FTP-30-06 School Speed Limit 08x24)
EACH
D11
FTP-85-06 Official Use Only 0 2x18)
EACH
D12
51-1 School Advanced Warning (3606)
EACH
D13
S2-1 School Crossing (2400)
EACH
D14
S4-1 Time to Time Am Time to Time PM (24x48)
EACH
D15
54-3 School (24x30)
EACH
D16
OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 109 of 119
D3-2 Advance Street Name (aka Next Intersection
EACH
Ahead) Signs - 70" X 30". D3-2 signs of different
D17
dimensions will be adjusted pro rata by the square
foot).
EACH
D18
Weston Radio AM Signs (24"x 24")
DM## 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 110 of 119
EXHIBIT C
CONTRACTOR'S SUB -CONTRACTORS LIST
CONTRACTOR shall provide a comprehensive list of all sub -contractors (if any) and the work to be
performed.
Item*
Sub -Contractor Company Name and Employer
Identification Number
Work to be Performed
1
2
3
OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 111 of 119
EXHIBIT D
TRANSITION PLAN
ATTACH TRANSITION PLAN
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 112 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
Any singular reference to CONTRACTOR, Surety, CITY or other party shall be considered plural where
applicable.
CONTRACTOR (name and address) SURETY (name & principal address):
CITY:
City of Weston
17200 Royal Palm Blvd.
Weston, Florida 33326
AGREEMENT
Date:
Amount: Services as needed. Not for a fixed amount.
Description: Roadway Traffic Signage Maintenance Services
Location: Citywide
City of Weston RFP NO. 2019-07
BOND
Date (not earlier than Agreement Date):
Amount: $100,000 or 100% of the total annual cost (whichever is greater)
Modifications to this Bond: None See Page(s)
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 113 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
CONTRACTOR AS PRINCIPAL SURETY
Signature
Name
Title
Signature
Name
Title
(Any additional signatures please include at the end of this form)
FLORIDA RESIDENT AGENT
Address
Phone
Fax
DM,# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 114 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
1. CONTRACTOR and the Surety, jointly and severally bind themselves, their heirs, executors,
administrators, successors and assigns to CITY for the performance of the Agreement, which is
incorporated herein by reference.
2. If CONTRACTOR performs the Agreement, the Surety and CONTRACTOR shall have no
obligation under this Bond, except to participate in conferences.
3. If there is no CITY Default, the Surety's obligation under this Bond shall arise after:
A. CITY has notified CONTRACTOR and the Surety at its address described in paragraph 10
below that CITY is considering declaring a CONTRACTOR Default and has requested
and attempted to arrange a conference with CONTRACTOR and the Surety to be held
not later than 15 days after receipt of such notice to discuss methods of performing the
Agreement. If CITY, CONTRACTOR and the Surety agree, CONTRACTOR shall be
allowed a reasonable time to perform the Agreement, but such an agreement shall not
waive CITY'S right, if any, subsequently to declare a CONTRACTOR Default; and
B. CITY has declared a CONTRACTOR Default and formally terminated CONTRACTOR'S
right to complete the Agreement. Such CONTRACTOR Default shall not be declared
earlier than 20 days after CONTRACTOR and the Surety have received notice of such
termination; and
C. CITY has agreed to pay the Balance of the Agreement Price to the Surety in accordance
with the terms of the Agreement or to a CONTRACTOR selected to perform the
Agreement in accordance with the terms of the Agreement with CITY.
4. When CITY has satisfied the conditions of paragraph 3, the Surety shall promptly and at the
Surety's expense take one of the following actions:
A. Arrange for CONTRACTOR, with consent of CITY, to perform and complete the
Agreement; or
B. Undertake to perform and complete the Agreement itself, through its agents or through
independent CONTRACTORS; or
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 115 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
C. Obtain bids or negotiated proposals from qualified CONTRACTORS acceptable to CITY
for an Agreement for performance and completion of the Agreement, arrange for an
Agreement to be prepared for execution by CITY and CONTRACTOR selected with
CITY'S concurrence, to be secured with performance & payment bonds executed by a
qualified Surety equivalent to the bonds issued on the Agreement, and the Balance of the
Agreement Price incurred by CITY resulting from CONTRACTOR's default; or
D. Waive its right to perform and complete, arrange for completion, or obtain a new
CONTRACTOR acceptable to CITY and with reasonable promptness under the
circumstances:
i. After investigation, determine the amount for which it may be liable to CITY and,
as soon as practicable after the amount is determined, tender payment therefore
to CITY; or
ii. Deny liability in whole or in part and notify CITY citing reasons therefore.
If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety
shall be deemed to be in default on this Bond,15 days after receipt of an additional written notice
from CITY to the Surety demanding that the Surety perform its obligations under this Bond, and
CITY shall be entitled to enforce any remedy available to CITY. If the Surety proceeds, without
proper notice to CITY, CITY shall be entitled to enforce any remedy available to CITY.
6. After CITY has terminated CONTRACTOR's right to complete the Agreement, and if the Surety
elects to act, then the responsibilities of the Surety to CITY shall not be greater than those of
CONTRACTOR under the Agreement, and the responsibilities of CITY to the Surety shall not be
greater than those of CITY under the Agreement. To the limit of the amount of this Bond, but
subject to commitment by CITY of the Balance of the Agreement Price to mitigation of costs and
damages on the Agreement, the Surety is obligated without duplication for:
A. The responsibilities of CONTRACTOR for correction of defective work and completion
of the Agreement;
B. Additional legal, design professional and delay costs resulting from CONTRACTOR's
Default, and resulting from the actions or failure to act of the Surety under paragraph 4;
and
OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 116 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
C. Liquidated damages, or if no liquidated damages are specified in the Agreement, actual
damages caused by delayed performance or non-performance of CONTRACTOR.
7. The Surety shall not be liable to CITY or others for obligations of CONTRACTOR that are
unrelated to the Agreement, and the Balance of the Agreement Price shall not be reduced or set
off on account of any such unrelated obligations. No right of action shall accrue on this Bond to
any person or entity other than CITY or its heirs, executors, administrators or successors.
8. The Surety hereby waives notice of any change, including changes of time, to the Agreement or
to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction in the location in which the work or part of the work is located and shall be instituted
within two years after CONTRACTOR Default or within two years after CONTRACTOR ceased
working or within two years after the Surety refuses or fails to perform its obligations under this
Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10. Notice to the Surety, CITY or CONTRACTOR shall be mailed or delivered to the address shown
on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the work was to be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted here from and provisions conforming to
such statutory or other legal requirement shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not as a common law bond.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 117 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
DEFINITIONS
A. Balance of the Agreement Price: The total amount payable by CITY to CONTRACTOR
under the Agreement after all proper adjustments have been made including allowance
to CONTRACTOR of any amounts received or to be received by CITY in settlement of
insurance or other claims for damages to which CONTRACTOR is entitled, reduced by
all valid and proper payments made to or on behalf of CONTRACTOR under the
Agreement.
B. Agreement: The agreement between CITY and CONTRACTOR identified on the signature
page, including all Contract Documents and changes thereto.
C. CONTRACTOR Default: Failure of CONTRACTOR, which has neither been remedied
nor waived, to perform or otherwise to comply with the terms of the Agreement.
D. CITY Default: Failure of CITY, which has neither been remedied nor waived, to pay
CONTRACTOR as required by the Contract or to perform and complete or comply with
the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the
cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Signature
Name
Title
Signature
Name
Title
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 118 of 119
EXHIBIT F
SAMPLE POST SUBMISSION FORM
1. Proposers shall complete the required portion of this form and present upon the submittal and
delivery of Sample Post to the Public Works Services Center.
2. The CITY shall acknowledge receipt of the Sample Post by completing lines 6 and 7.
3. A copy of the signed Sample Post Submission, Exhibit F, shall be given to the Proposers.
4. Proposers shall submit the completed, signed, CITY acknowledged form and submit with the
RFP proposal package.
1. Name of
Proposer
2. Address of
Proposer
3. Proposer's
Signature
Signature
Date
4. Delivered to:
Public Works Services Center, 2599 South Post Road, Weston, Florida 33327
5. Delivered by:
Name
Signature
* * * * *Official Use Only (Proposers shall not fill out below this line)
6. Accepted by
City
Name
Signature
7. City
Date/Time
Stamp
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 119 of 119
ATTACHMENT A
CONTRACT FOR ROADWAY TRAFFIC SIGN MAINTENANCE SERVICES
PART II
CITY OF WESTON CONTRAT WITH LSJ
CORPORATION (GRAPHPLEX SIGNS)
Thomas F. Pepe — 04-03-19
Page 6 of 7
Executed Agreement, RFP No. 2019-07
Roadway Traffic Signage Maintenance Services
dated January 16, 2020
DM#73615
CITY OF WESTON, FLORIDA
BONAVENTURE DEVELOPMENT DISTRICT
INDIAN TRACE DEVELOPMENT DISTRICT
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP NO. 2019-07
GRAPHPLEX SIGNS
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP NO. 2019-07
SECTION 1: AGREEMENT
SECTION 2: ADDENDUM NO. 2 ISSUED OCTOBER 4, 2019
ADDENDUM NO. 1 ISSUED SEPTEMBER 19, 2019
CITY OF WESTON RFP NO. 2019-07
SECTION 3: CONTRACTOR'S PROPOSAL
SECTION 4: PAYMENT & PERFORMANCE BOND
INSURANCE CERIFICATE(S)
SECTION 5: RESOLUTION NO. 2019-149
SECTION 1
AGREEMENT
AGREEMENT
AMONG THE
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
AND
GRAPHPLEX SIGNS
FOR
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP NO. 2019-07
This Agreement is made and entered into the I (p4 a1day of c<A-.ra _ , 20r�-among the City
of Weston, a Florida municipal corporation, Indian Trace Development3nd District Bonaventure
Development District, (collectively "CITY") Graphplex Signs ("CONTRACTOR") for Roadway Traffic
Signage Maintenance Services ("Agreement"). References in this Agreement to "City Manager" shall be
meant to include his designee.
The following exhibits are incorporated herein and made a part of this Agreement:
Exhibit A: Certificate of Insurance
Exhibit B: Fee Schedule
Exhibit C: Contractor's Sub -Contractors List
Exhibit D: Transition Plan
Exhibit E: Performance & Payment Security
WITNESSETH:
WHEREAS, CITY solicited proposals from PROPOSERs to perform Roadway Traffic Signage Maintenance
Services; and
WHEREAS, proposals were evaluated and ranked by a Selection Committee and a recommendation was
made to the City Manager; and
WHEREAS, on November 18, 2019, CITY adopted Resolution No. 2019-149, which ratified or altered
Exhibit A Resolution No. 2019-XX Page 1 of 71
the ranking of proposals for Roadway Traffic Signage Maintenance Services and authorized the
appropriate CITY officials to execute an Agreement with the number one ranked PROPOSER Graphplex
Signs; and
WHEREAS, City Commission has selected CONTRACTOR to perform Roadway Traffic Signage
Maintenance Services, on an ongoing, or as needed basis, and at the sole discretion of CITY; and
WHEREAS, CITY and CONTRACTOR desire to enter into an Agreement whereby the duties and
obligations each to the other are set forth.
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:
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 2 of 71
SECTION 1
TERM AND TERMINATION
1.1 Term
The term of this Agreement shall begin on the date that it is fully executed and shall extend until
March 31, 2023 with two optional three (3) year renewal terms 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 1.2 of this Agreement.
1.2 Termination
A. This Agreement may be terminated for cause by action of the City Commission if
CONTRACTOR is in breach and has not corrected the breach within 30 days after written
notice from CITY identifying the breach, or for convenience by action of the City
Commission upon not less than 10 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 the City Manager
determines that termination is necessary to protect the public health, safety, or welfare.
B. This Agreement may be terminated for cause by CONTRACTOR if CITY is in breach and
has not corrected the breach within 60 days after written notice from CONTRACTOR
identifying the breach.
C. Termination of this Agreement for cause shall include but not be limited to, failure to
suitably perform the services, failure to continuously perform the services in a manner
calculated to meet or accomplish the objectives of CITY as set forth in this Agreement or
multiple breaches of the provisions of this Agreement notwithstanding whether any such
breach was previously waived or cured.
D. Notice of termination shall be provided in accordance with Section 8.14(G.) NOTICES of
this Agreement except that notice of termination by the City Manager which the 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 Section 8.15(G.)
NOTICES of this Agreement.
E. In the event this Agreement is terminated for convenience, upon being notified of CITY'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.
Exhibit A Resolution No. 2019-XX Page 3 of 71
F. In the event this Agreement is terminated, any compensation payable by CITY shall be
withheld until all documents are provided to CITY pursuant to the Agreement. In no event
shall CITY be liable to CONTRACTOR for any additional compensation, other than that
provided herein, or for any consequential or incidental damages.
G. This Agreement may be terminated by the CITY if the CONTRACTOR is found to have
submitted a false certification, Form 10, Scrutinized Companies, has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, has
been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged
in business operations in Cuba or Syria.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 4 of 71
SECTION 2
SCOPE OF WORK
2.1 Intent
The CONTRACTOR shall provide all required permits, labor, material, equipment and services
necessary for the fabrication, installation, maintenance and repair of roadway traffic signage
located on public rights -of -way and within CITY owned properties.
The CITY reserves the right to conduct investigations as it deems necessary, to determine the
ability of the selected CONTRACTOR(s) who shall perform the work or services. Information the
CITY deems necessary in order to make a determination, shall be provided by the CONTRACTOR
upon request.
2.2 CONTRACTOR shall be responsible for the following:
A. Installation of new traffic signs at new locations, in the right-of-way, CITY property and
parking lots as directed by the CITY, all in accordance with the requirements and
standards referenced in this RFP.
B. Repair of portions of existing traffic signs in the right-of-way all in accordance with the
requirements and standards referenced in this RFP. Repairs shall be in -place (on the site
at existing locations) or shop repaired and installed in the field.
C. Rapid installation of temporary traffic signage for critical downed signs.
D. Removal and replacement of existing traffic signs knocked down or severely damaged by
vehicular traffic or other means.
E. Installation of new signage in CITY Parks and other CITY Facilities.
F. Re-establish the vertical alignment of leaning street sign posts of signs dislodged from
vertical position by storms and hurricanes or other means.
G. Installation of temporary miscellaneous non -Weston standard traffic signs and
informational signage, as requested by the CITY.
H. Contractor shall provide, if requested by the CITY, a subcontractor to provide sign
retroreflectivity measurement using a retroref! ectometer.
Providing salvage value for damaged or destroyed metal signage materials as applicable.
). Other various and signage related work and tasks as directed by the CITY not mentioned
above.
Exhibit A Resolution No. 2019-XX Page 5 of 71
2.3 Existing Locations
There are approximately 5,300 existing traffic signs throughout the CITY within the Rights -of -Way
and in CITY owned properties. A more detailed map of the CITY can be accessed at
https://www.Westonfl.orWtrafficsigns. These are the typical roadway & street name signage and
other informational signage all design and mounted on posts and backing in accordance with
Weston Standards as shown in Section 3, STANDARDS OF WORK, of this RFP.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 6 of 71
SECTION 3
STANDARDS OF WORK
3.1 Level of Service
A. All traffic signs shall be installed per the requirements and standards referenced in this
RFP.
B. Signs are typical standard signs and object markers approved for use on streets, highways,
bikeways, and pedestrian crossings. Other signs include special word messages for
guidance information.
C. Each traffic signpost shall be dug by hand or other small equipment or hand tools means.
Digging using a bobcat machine or large equipment shall be prohibited. The Contractor
shall be responsible to repair any underground irrigation related pipes or conduits. The
CONTRACTOR shall utilize all new materials and shall not use any refurbished signs
unless authorized by the CITY.
D. Any traffic sign that is knocked down, damaged, or missing shall be replaced by the
CONTRACTOR with a temporary sign within 24 hours from time of request by the CITY.
E. Permanent new replacement signs must be installed within 18 calendar days from the
time a work order request is issued to the CONTRACTOR by the CITY.
F. CONTRACTOR shall provide sign repair and maintenance services to include but not
limited to in -place sign blade (sign face) repair and replacement; signpost re -plumbing
(straightening); backplate removal, replacement or straightening; in -place welding of
collars and back plates. Removal of existing signs for shop repair.
G. All work shall be warranted for a period of one year after the acceptance of the work by
the CITY. Except for sign blade minimum retroreflectivity per the MUTCD standards shall
be warranted for a period not less than two years. The date of approval, by the CITY, of
payment in full for said work shall be used as the acceptance date.
3.2 Sign Blade Standards
A. All new street signs installed by the CONTRACTOR shall be in accordance with the
Manual on Uniform Traffic Control Devices for Streets and Highways, or MUTCD. The
MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of
Federal Regulations (CFR), Part 655, Subpart F.
B. All new signs retroreflectivity materials shall be Type XI or in accordance with the latest
regulations of Broward County Engineering and Traffic Division (BCTED) and MUTCD.
Exhibit A Resolution No. 2019-XX Page 7 of 71
C. At no instance shall Sign vinyl material be less than diamond grade.
D. Existing sign blades free from damage on an otherwise damaged post, shall remain the
property of the CITY and re -utilized when possible or at the direction of the CITY.
E. The terminology "signs," "sign blades" and "sign face" are used interchangeably in this
RFP.
F. All sign (regulatory, school zones, guide and warning) blades on Weston style posts shall
be aluminum and as specified herein.
G. Signs shall be free from all defects and bubbles. The sign blades surface shall have a
warranty from free defects for a period of one year after date of installation. The
CONTRACTOR shall replace all sign blades that fail during the warranty period
H. All sign blades on Weston Style posts shall be first mounted to a back plate as described
herein. The back plates shall be a minimum of one inch larger that the sign blade on each
side and shall be of the same shape as the sign blade to which it is mounted.
I. All exposed bolts, bolts head, nuts and washers shall match the color of the adjacent
surface. E.g. Bolt head the face of a "Stop Sign" shall be painted and covered to match
the color of the Stop Sign face.
3.3 Permits
A. Where permits are required, the CONTRACTOR shall be responsible for obtaining the
permit and shall submit the invoice of the permit cost to the CITY for reimbursement.
3.4 City of Weston Style Traffic Posts Standards
Figures "A-1" — "A-7" (WHICH ARE NOT TO SCALE) specify the exact design, materials,
fabrication methods, and installation details. The CITY's Traffic Sign Standards have specific
requirements for the design and installation of the posts and back plate. These specifications shall
be strictly adhered to, all work shall be conducted in a manner designed to comply with and
completely fulfill both the intent and the long-term management requirements outlined in the
Local, State, and Federal permits.
A. Any reference to "acorn" style detail shall be "ball" style instead. Proposers shall inspect
any existing Weston style sign post in the CITY as an example.
B. Figure 3.4-A depicts a detail for a primary sign type 'A' 5"x5" post with stop sign and
secondary sign attached.
C. Figure 3.4-A-1 depicts a detail for a primary sign type A-1 51'x5" post with just a stop sign
attached.
D. Figure 3.4-13 depicts a detail for a primary sign type B 5"x5" post with only the street
name sign blades attached.
E. Figure 3.4-C depicts details for typical secondary sign type C 511x5" post with just one
main sign attached with collars and base collar.
Exhibit A Resolution No. 2019-XX Page 8 of 71
F. Figure 3.4-D depicts details for typical Double Post type D 5"x5" posts with collars and
base collars and announcing the next signalized intersection. Note: These signs are
generally located within the medians main roadways.
G. Figure 3.4-E depicts a detail for typical type E 5" x 5" post with one main sign attached
with no "W" bordered by collars and with a collar base.
H. Figure 3.4-F depicts a detail for a primary sign type E 4"x4" post with one main sign
attached on a plan post. No collars, no "W", no collar base.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 9 of 71
Figure 3.4-A
DECORATNE ELEMENT PRIMARY SIGN TYPE ''A"
ROUTED THRU SIGN BLADE
FRISH ON ALL SIGN COMPONENTS
IS TO ON POWDER COAT F9a11$000
GUAKER BRONZE BY TO POWDER COATINGS
35 MPH OR GREATER c'-0' W 1241
roll
CUSTOM ALUMINUM AGORN TOP
WELDED TO SKIN POST
ALUM. BALL CAP NSERTEDAND
SECURED WITH FIG STARLESS SCRE
INT01 W ALUM. TUBE
(SEE DETAIL'81
DISTANCE TO EDGE OF PAVEMENT b
30 MPH OR LESS; 7-61P6-T
DISTANCE T EDGE OF PAVEMENT
(USED WHEN THERE IS NO CURB) jI
2'- 0' MINIMUM DISTANCE 7— I
TO FACE OF CURB a°
Bll
R3R3=5R 2'+
LEVEL
1'DIM HOLE •.-,
FOR BREl11WWAY L
(ALL A SID S)
_ DETAR'C'
I
1 812 STAINLESS STEEL COUNTERSUNr I
I FLATHEAD SCREW63'IONG
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Exhibit A Resolution No. 2019-XX Page 15 of 71
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Exhibit A Resolution No. 2019-XX Page 17 of 71
3.5-A Sign Structure Repairs
The CONTRACTOR shall be responsible repairs and maintenance to the sign structure which
includes the posts, sign blade and back plate as directed by the CITY. Repairs and maintenance
include the following work.
A. The provide all labor, materials and equipment to repair of aluminum angle post collars
by on -site spot welding at post locations within the right-of-way and in CITY facilities area
and parking lots. In instances where collars can be found and re -used, the CONTRACTOR
shall utilize existing material.
B. When collars are missing, the CONTRACTOR shall manufacturer the collars and install
accordingly.
C. The CONTRACTOR shall remove damaged, bent or faded sign blades and/or sign back
plates as directed by the CITY. .
D. The CONTRACTOR shall install replacement sign blades and back plate as directed by
the CITY.
3.5-13 Liquidated Damages
If, in the opinion of the City Manager there has been a breach of Agreement, the City Manager
shall notify the CONTRACTOR, in writing, specifying the basis and reason in which there has
been a breach of Agreement. In the event of a breach by CONTRACTOR, CONTRACTOR shall
be liable for liquidated damages as provided in this Section. Unless otherwise provided in this
Section 3.5, there shall be no cure period of time to avoid the consequences of a breach.
Liquidated damages not a penalty. CONTRACTOR agrees that the amount of liquidated damages
assessed pursuant to this Section 3.5 is reasonable and does not constitute a penalty. The parties
recognize the difficulty of proving the loss or damage suffered by the CITY due to CONTRACTOR's
breach. CONTRACTOR acknowledges and agrees that the amount of liquidated damages
approximate the loss anticipated at the time of execution of this Agreement.
A. Installation of Permanent Signs
Failure to comply with the provisions for the installation of new replacement signs within
the required 18 calendar day period following the issuance of a work order, shall result in
liquidated damages of One Hundred Dollars ($100) a day for each day of delay.
3.6 Sign Inspections
If requested by the CITY, the CONTRACTOR shall perform field inspections services to survey
signs and posts that are in need of repairs as described in Sign Structure Repairs. For this task, the
CITY shall request a minimum of 100 sign post locations on work orders. Double post signs count
as one location.
Exhibit A Resolution No. 2019-XX Page 18 of 71
The CONTRACTOR shall collect the information utilizing a free APP for mobile devices such as
Collector for ArcGIS (see more at https://www.esri.conVen-us/arcgis/products/collector-for-
arcgis/overview) or similar. The CITY shall provide the setup and a link to the App that is
compatible with IOS and/or Android operating systems. The CONTRACTOR shall be responsible
for the field input and shall fill out map -driven forms previously created by the City. The
CONTRACTOR shall only need devices (mobile phones or tablets) compatible with IOS or
Android operating systems. The CONTRACTOR shall input the following information which will
be automatically uploaded to the CITY:
A. Confirm existence of sign post (Present or missing)
B. The ID number of the pole.
C. Confirm existing sign types on the post (from a drop -down list on the App)
D. Record the type of damage to the sign structure (from a drop -down list on the App):
1. Missing collars and record the state quantity.
2. Missing "W" letter and record the quantity.
3. Damaged sign blade to be replaced.
4. Damaged sign blade to be repaired in place.
3.7 Replacement of Faded Signs Blades Only
The CONTRACTOR shall remove faded sign blades and replace with new sign blades in its place,
on an existing post(s) as directed by the CITY. Fee Schedule Item Al shall provide for the labor
and equipment cost for the removal of a sign blade and labor (only) to replace of new sign in its
place, on an existing post(s) on -site. The rate applies the removal of any size sign (up to a
maximum of 70"00"). DO NOT INCLUDE material cost for new sign blades in item A10. This
material cost for the new sign blades shall be drawn from the unit cost as provided for in the Fee
Schedule"UNIT PRICES FOR MATERIALS," Items D-1 through D-18. The CITY shall submit work
orders for no less than 10 post locations at a time.
3.8 Special Retroreflectivity Inspections
If requested by the CITY, the CONTRACTOR shall perform field retroreflectivity test to measure
and record the retroreflectivity of signs using a retroreflectometer.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 19 of 71
Figure 3.5-A— Typical Damage to Post Collars — Requires field repairs by spot welding
Exhibit A Resolution No. 2019-XX Page 20 of 71
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Missing "W" letter. "W" shall
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Figure 3.5-D — Cases of Improper manufacturer and installation
Post spraying of welds are not
acceptable. Painted areas around welds
shall not fade differently.
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match the color
Exhibit A Resolution No. 2019-XX Page 22 of 71
3.9 Re -Establishment of Vertical Alignment of Sign Posts
A. The CONTRACTOR shall furnish all labor, supervision, materials, equipment, supplies,
tools, MOT, and safety measures to re-establish vertical alignment of leaning street sign
posts at various locations throughout the CITY. The general scope of work for repairs
needed and re -installation includes but not limited to the following:
1. Preparation of site location prior to commencement of work including
establishment of any MOT.
2. Excavate around the sign base and remove the sign post without damage to the
post and the sign blade(s). Any damages to the sign will be the responsibility of
the CONTRACTOR to replace the sign.
3. CONTRACTOR shall remove the existing encasing around the excavated sign
posts by chipping or other means and prepare the post for re -installation at the
same location in accordance with the foundation detail for the sign post as
provided in Exhibit B. If the excavated hole to remove the sign is not large enough
for re -installation per the foundation detail, the CONTRACTOR is responsible for
additional excavation to facilitate the foundation as shown in the detail.
4. CONTRACTOR must take all precautions not to damage the surrounding
landscaping area. Any damages to the landscape will be the responsibility of the
Contractor to replace to existing or better conditions.
5. If CONTRACTOR needs to park in the swale area, CONTRACTOR shall use
plywood to drive or park to prevent damaging the swale.
6. In certain locations where MOT is needed, the CONTRACTOR is responsible to
provide the MOT.
7. CONTRACTOR must also take precautions not to damage the curbing around the
sign post.
8. The CITY reserves the right to ask the CONTRACTOR to move the sign post a few
feet if the current location is determined to be too close to traffic.
9. The CONTRACTOR shall employ a sufficient number of trained technicians so
that the work is completed on time as scheduled.
10. All work shall be performed using skilled professionals and shall be executed in
a workmanlike manner in accordance with best standards and practices of the
trade. Any repairs, if required, shall be repaired in kind by skilled professionals of
the trades involved at no additional cost to the CITY.
11. All existing landscape material is designated to remain. Contractor must take pre-
cautions not to damage sod and irrigation in the swale areas and at CITY facilities.
Damaged sod and irrigation systems is the responsibility of the CONTRACTOR
and shall be replaced within 7 calendar days of being notified by the CITY. If
repairs are not completed to the satisfaction of the CITY, then the CITY will
compete repairs and deduct the cost from the contract amount.
Exhibit A Resolution No. 2019-XX Page 23 of 71
3.10 CONTRACTOR Use of Premises
Use of CITY -owned property during performance of work is limited as follows:
A. CONTRACTOR shall not encroach equipment or crews onto private property during
performance of work duties.
B. CONTRACTOR shall not infringe upon CITY's right to perform its own projects using its
own crews, or to employ separate CONTRACTORS on portions of the Work Area, or to
perform continuing work on portions of the project.
C. Perform all work in daylight hours unless CITY provides written authorization for night
work.
D. Do not work on Sundays or CITY defined holidays without CITY's written permission.
3.11 Protection of Existing Structures and Utilities
A. Unless otherwise provided, CONTRACTOR shall sustain in place and protect from
damage, poles, posts, water or gas mains, sewers or drains, conduits, service pipes,
sidewalks, curbs, sod, landscape, established desirable mitigation vegetation and other
structures or property in the vicinity of the work, whether over or underground.
CONTRACTOR's proposed prices shall include costs of remedial work or reinstatement
due to disturbance of existing services, structures and property made necessary by the
work.
B. CONTRACTOR shall rectify any damage to existing services, structures and property
caused by CONTRACTOR's staff or equipment without compensation.
C. CONTRACTOR shall ensure familiarity with the exact location of utilities and protect
them during work and assume liability for damage to them.
D. Property Damage
1. Observation of property damage prior to the commencement of work, whether
public or private, shall immediately be reported to CITY.
2. Property damage, whether public or private, caused by CONTRACTOR during
the course of the work shall be immediately reported to CITY, and repaired by
CONTRACTOR at the CONTRACTOR'S expense and at no cost to CITY or
property owner.
Exhibit A Resolution No. 2019 XX Page 24 of 71
3.12 Discovery and Notification
If CONTRACTOR discovers damages, vandalism or theft, CONTRACTOR shall immediately
notify CITY and shall file a police report of the occurrence.
3.13 Clean Up
CONTRACTOR shall be responsible on a daily basis to maintain a clean work site.
CONTRACTOR shall dispose of debris properly.
3.14 Disposal of CONTRACTOR Waste
CONTRACTOR shall be responsible for the disposal of all personal trash and job -related waste
items in a manner meeting all local, state and federal applicable laws, standards, codes and
regulations. This requirement shall be solely the CONTRACTOR's responsibility.
CONTRACTOR is responsible for all cost of disposal and any cleanup costs incurred due to
improper use, handling, or disposal of equipment, materials, and fluids.
3.15 DISPOSAL OF DAMAGE SIGNS AND POSTS
The CONTRACTOR shall deliver damaged posts and signs to CITY's Public Works Services
Center and properly place in the specified dumpsters. At no time shall the CONTRACTOR
overload the dumpster above the fill line
3.16 Special Tools and Training
CONTRACTOR shall provide for all special tools and training needed to efficiently meet the
minimum requirements of this project.
3.17 Efficient Operations
CONTRACTOR may be required by CITY to modify proposed approach for perceived efficiencies
or other general coordination reasons.
3.18 Public Relations
CONTRACTOR's positive interaction with CITY residents is essential to the success of this
Agreement. CONTRACTOR shall extend the utmost courtesy to CITY residents at all times.
CONTRACTOR shall make no statements or offer any information concerning CITY activities,
policies and procedures. All resident inquiries shall be directed to CITY.
3.19 Final Cleaning
A. Remove any temporary protection and facilities installed for protection of the work area
or equipment during construction.
Exhibit A Resolution No. 2019-XX Page 25 of 71
B. Comply with regulations of authorities having jurisdiction and safety standards for
cleaning.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 26 of 71
SECTION 4
STANDARDS OF CONTRACTOR
4.1 Intent
CONTRACTOR is an independent CONTRACTOR and the individuals assigned to work for CITY
by CONTRACTOR shall be subject to the approval of CITY and shall not be CITY employees.
CONTRACTOR shall comply with all Federal, State and local laws, rules, practices and
regulations.
4.2 Facilities
CITY reserves the right to inspect CONTRACTOR'S facilities at any reasonable time, during
normal work hours, without prior notice to determine that CONTRACTOR has a bona fide place
of business and is a responsible CONTRACTOR.
4.3 Identification
CONTRACTOR will not use or create any badge containing CITY'S name, seal, logo, or any other
reference thereof for identification. CONTRACTOR shall use only a CITY issued identification
badge.
4.4 Experience
CONTRACTOR shall have a minimum of five (5) years of experience with the fabrication,
installation and repair of roadway traffic signage. PROPOSERS shall have been in continuous
operation for a minimum of the past five (5) years from the date that the RFP is issued and shall
have a resident branch office in Monroe, Miami -Dade, Broward or Palm Beach County, Florida.
PROPOSER shall be fully licensed with all required Federal, State, and Local government
licenses/permits.
4.5 Relationship Contact
CONTRACTOR shall maintain at a minimum one relationship contact for this contract who will
respond to specific CITY requests, twenty-four hours a day, seven days a week, including all
public holidays. The relationship contact shall be available by cellular telephone and shall be
expected to visit the work site as requested by CITY. The relationship contact shall be able to
manage all facets of the contract. The relationship contact must be fluent in English and have
excellent communication skills and be capable of directing all regular maintenance and
additional services and coordinating these with CITY. The relationship contacts shall use his/her
experience and training to prevent, detect and control adverse conditions by physically inspecting
the work area regularly.
Exhibit A Resolution No. 2019-XX Page 27 of 71
4.6 Subcontracting Work
A. Award of Subcontracts and other contracts for Portions of Work must be preapproved by
the CITY. As part of this Agreement, CONTRACTOR shall furnish in writing to CITY the
names of persons or entities proposed for each principal portion of the work. In addition,
CONTRACTOR shall not change subcontractors performing any portion of the work
required by this Agreement without prior written approval by CITY.
CONTRACTOR shall be responsible and liable to CITY for all work performed by the
Subcontractors or their employees, agents or CONTRACTORS, pursuant to this
Agreement.
B. Sub -Contractual Relations: By listing the names of each as set forth in Exhibit "C", attached
hereto and made a part hereof, CONTRACTOR shall require each subcontractor, to extent
the work to be performed by the subcontractor, to be bound to CONTRACTOR by terms
of the Agreement, and to assume toward CONTRACTOR all the obligations and
responsibilities which CONTRACTOR, by this Agreement, assumes toward CITY. Each
sub -contract agreement, between CONTRACTOR and a subcontractor, shall preserve and
protect the rights of CITY under the Agreement with respect to the work to be performed
by the subcontractor so that subcontracting thereof shall not prejudice the rights, and shall
allow the subcontractor, unless specifically provided otherwise in the sub -contract
agreement, the benefit of all rights, remedies and redress against CONTRACTOR that
CONTRACTOR, by the Agreement, has against CITY.
C. Where appropriate, CONTRACTOR shall require each subcontractor to enter into similar
agreements with the subcontractors. CONTRACTOR shall make available to each
proposed subcontractor, prior to the execution of the sub -contract agreement, copies of
the Agreement to which the subcontractor shall be bound, and upon written request of
the subcontractor, identify to the subcontractor terms and conditions of the proposed sub-
contract agreement which may be at variance with the Agreement. Subcontractors shall
similarly make copies of applicable portions of such documents available to their
respective proposed subcontractors.
4.7 Drug -Free Workplace
CONTRACTOR shall have implemented and maintain a drug -free workplace program, in
accordance with Section 287.087, Florida Statutes.
4.8 Transition Plan
CONTRACTOR shall provide a detailed description of how services will be transitioned under
CITY'S current Agreement to CONTRACTOR. CONTRACTOR is responsible for minimizing any
negative impacts to CITY by ensuring a smooth and orderly transition of service.
Prior to the termination of this Agreement, CONTRACTOR shall use its best efforts to ensure a
smooth and orderly transition of service.
Exhibit A Resolution No. 2019-XX Page 28 of 71
4.9 Adherence to CITY Policy
CONTRACTOR assigned to handle the Roadway Traffic Signage Maintenance Services for the
CITY shall adhere to all CITY policies, procedures and protocols.
4.10 Disclosure of Relationships
CONTRACTOR agrees to give CITY written notice of any Relationship, as defined herein, that
CONTRACTOR enters into with CITY or any of its districts, its elected or appointed officials, its
employees or agents, during the period of this Agreement.
A "Relationship" for the purpose of this Section shall include but not be limited to
employer/employee, consultant, CONTRACTOR, subcontractor, associate, officer, partnership,
joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift
donor/recipient in excess of $100.00, past or on -going personal relationships, or joint
involvement with charitable/voluntary activities.
4.11 Repairs
CONTRACTOR shall obtain all permits and pay all required fees to any regulatory agency having
jurisdiction over any work required to repair or replace damages caused by the CONTRACTOR.
Upon completion of the repair work, evidence satisfactory to CITY shall be furnished to show
that all work has been performed in accordance with the applicable ordinances and code
requirements.
4.12 Compliance with Code of Federal Regulations And Federal Standards
All services purchased under this agreement shall be in accordance with the Title 2 Code of
Federal Regulations (CFR), Part 200 for Uniform Administrative Requirements, Cost Principle and
Audit Requirements for Federal Awards. In addition, CONTRACTOR shall adhere to all
applicable governmental standards, including, but not limited to those issued by the Occupation
Safety and Health Administration (OSHA), the National Institute of Safety Hazards (NIOSH), and
the National Fire Protection Association (NFPA). It shall be the responsibility of the
CONTRACTOR to be regularly informed to conform to any changes in standards issued by any
regulatory agencies that govern the commodities or services applicable to this agreement. A
complete copy of the CFR may be obtained by visiting the following website:
https://www.ecfr.gov/cgi-bin/text-idxitpl=/ecfrbrowse/Title02/2cfr200 main 02.tpi
A. CONTRACTOR shall assist in ensuring that the CITY is in compliance with Federal
Emergency Management Agency's (FEMA) reimbursement requirements, as set forth in
the CFR, §200.318, General Procurement Standards.
B. Pursuant to 2 C.F.R. Part 200.321, if subcontractors are utilized, the CONTRACTOR shall
take all necessary affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible. Affirmative steps must
include:
Exhibit A Resolution No. 2019-XX Page 29 of 71
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development
Agency of the Department of Commerce or similar State and County agencies.
CONTRACTOR may use the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce. Websites and contact
information can be found at https://www.sba.gov/ and https://www.mbda.gov/.
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Exhibit A Resolution No. 2019-XX Page 30 of 71
SECTION 5
STANDARDS OF LABOR AND MATERIALS
5.1 Labor
CONTRACTOR shall provide a sufficient number of supervised staff to complete the duties stated
within the Agreement.
CONTRACTOR shall at all times enforce strict discipline and good order among
CONTRACTOR'S employees/independent contractors and shall not employ on the work site an
unfit person or anyone not skilled in the work assigned to him. Subcontractors, employees or
independent contractors of CONTRACTOR whose work is unsatisfactory to CITY or who are
considered by CITY'S representatives as careless, incompetent, unskilled or disorderly or who
use threatening or abusive language to any person shall be dismissed from work upon notice
from CITY and shall not be employed to perform the work under this Agreement thereafter. No
liquor, alcoholic beverages, smoking or drugs shall be allowed on the site of the work.
A. Lead Technician: CONTRACTOR shall maintain a Lead Technician within the area at
during times of work. The Lead Technician shall be fluent in English and shall have
excellent communication skills and be capable of directing all work requested by the
CITY.
B. Employee/Independent Contractor or Subcontractor Performance: CONTRACTOR shall
employ (or contract with) personnel competent to perform the work specified herein.
CITY reserves the right to request the removal of a CONTRACTOR'S
employee/independent contractor or subcontractor from performing maintenance on the
CITY'S property where such employee's/independent contractor's or subcontractor's
performance or actions, are obviously detrimental to CITY.
C. Uniforms: CONTRACTOR shall provide all employees with color coordinated uniforms
that shall meet CITY'S public image requirements and be maintained by CONTRACTOR
so that all personnel are neat, clean and professional in appearance at all times. Non-
uniform clothing shall not be permitted.
D. For emergency response: The CONTRACTOR shall provide a primary point of contacts(s)
available on a twenty-four (24) hour basis, seven days per week. The CONTRACTOR
must be able to have equipment and personnel mobilized and ready to work within 4
hours of notification of an incident.
5.2 Equipment
A. Vehicles: CONTRACTOR shall keep all vehicles in good repair, free from leaking fluids,
properly registered, of uniform color and shall bear the company name on each side in
not less than 1 1/2" letters.
Exhibit A Resolution No. 2019-XX Page 31 of 71
B. Equipment Safety: CONTRACTOR shall keep all equipment in an efficient and safe
operating condition while performing work under this Agreement. Equipment shall have
proper safety devices maintained at all times while in use. If equipment does not contain
proper safety devices and/or is being operated in an unsafe manner, the CITY may direct
CONTRACTOR to remove such equipment and/or the operator until the deficiency is
corrected to the satisfaction of the CITY. CONTRACTOR shall be responsible and liable
for injury to persons and property caused by the operation of the equipment.
C. Storage: CITY shall not provide facilities at which CONTRACTOR may store equipment.
CONTRACTOR shall be responsible for mobilization and setup, and demobilization and
breakdown, each day.
D. Disposal of Signs: The CONTRACTOR shall be allowed to dispose of CITY owned
damaged signs in the CITY maintained roll -off container located at the Public Works
Services Center.
E. Utility Locates: The CONTRACTOR shall be responsible for coordinating utility location
in accordance with Florida law.
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Exhibit A Resolution No. 2019-XX Page 32 of 71
SECTION 6
STANDARDS OF INSURANCE
6.1 Insurance
A. The policies of insurance shall be placed with insurance carriers authorized to do business
by the Insurance Department of the State of Florida, and meet a minimum financial rating
by AM Best Company of no less than "A- Excellent: FSC Vli"; and,
B. CITY shall be named as additional insured on all policies except worker's compensation
and professional liability; and,
C. The additional insured status for CITY for general liability and for completed operations
shall be maintained for this Agreement for five years following the completion of all
services, pursuant to this Agreement or no more restrictive than the Insurance Services
office (ISO) form CG 2037 (07 04).
D. Any person, organization, vehicle, equipment, or other person or property fulfilling this
Agreement is bound by these insurance requirements.
E. Any changes to these specifications shall be at the sole and exclusive discretion of CITY.
F. CITY retains the right to review, at any time, policies, coverage, applicable
forms/endorsements, and amounts of insurance.
G. CONTRACTOR is responsible for repairing or replacing any damage to structures unless
otherwise addressed within this Agreement.
H. Insurance shall not be suspended, voided or canceled except after 30 calendar days prior
written notice by certified mail, return receipt requested, has been given to CITY, except
the cancellation notice period for non-payment of premiums shall be 10 days.
I. Certificates of Insurance evidencing conditions to this Agreement are to be furnished to
City of Weston, 17200 Royal Palm Boulevard, Weston, FL 33326.
). Notices of Accidents (occurrences) and Notices of Claims associated with work being
performed under this Agreement shall be provided to CONTRACTOR's insurance
company and CITY as soon as practicable after notice to the insured.
K. CONTRACTOR agrees by entering into this written Agreement that the insurance policies
provided will include a Waiver of Subrogation in favor of CITY. CONTRACTOR'S
insurance shall be Primary and non-contributory.
L. CONTRACTOR is responsible for any costs or expenses below deductibles, self -insured
retentions, coverage exclusions or limitations, or coinsurance penalties.
Exhibit A Resolution No. 2019-XX Page 33 of 71
6.2 Specific Coverage
A. Workers Compensation: CONTRACTOR shall provide statutory workers' compensation,
and employer's liability insurance with limits of not less than $1,000,000 per employee
per accident, $1,000,000 disease aggregate and $1,000,000 per employee per disease
for all personnel on the worksite. If applicable, coverage for the Jones Act and United
States Longshoremen and Harborworkers exposures must also be included. Elective
exemptions shall NOT satisfy this requirement. Certificates evidencing an employee
leasing company as employer shall not be accepted). In the event CONTRACTOR has
"leased" employees, CONTRACTOR must provide a workers' compensation policy for
all personnel on the worksite. All documentation must be provided for review and
approval by CITY.
CONTRACTOR is responsible for the Workers' Compensation of any and all
subcontractors, including leased employees, used by CONTRACTOR. Evidence of
workers' compensation insurance coverage for all subcontractors, including leased
employees, must be submitted prior to any work being performed.
B. Commercial General Liability: CONTRACTOR shall provide evidence of commercial
general liability on an occurrence Form no more restrictive than ISO form CC 2010, and
including but not limited to bodily injury, property damage, contractual liability, products
and completed operations (without limitation), and personal and advertising injury
liability with limits of not less than $1,000,000 each occurrence, and $2,000,000 in
aggregate, covering all work performed under this Agreement.
C. Business Automobile Liability: CONTRACTOR shall provide evidence of business
automobile liability on a standard ISO form, and including per occurrence limits of not
less than $1,000,000 covering all work performed under this Agreement. Coverage shall
include liability for owned, non -owned & hired automobiles. If private passenger
automobiles are used in the business, they shall be commercially insured.
D. Umbrella or Excess Liability: Umbrella polices are acceptable to provide the total required
general liability, automobile liability, and employers' liability limits. Umbrella policies
shall also name CITY as additional insured and coverage shall be provided on a "Follow
Form" basis.
E. Subcontractors: Insurance requirements itemized in this contract and required of
CONTRACTOR shall be provided on behalf of all subcontractors to cover their operations
performed under this Agreement. CONTRACTOR shall be held responsible for any
modifications, deviations, or omissions in these insurance requirements as they apply to
subcontractors.
F. Pollution Liability: For sudden and gradual occurrences or claims made and in an amount
no less than $1,000,000 per claim and $3,000,000 in the aggregate arising out of work
performed under this Agreement, including but not limited to, all hazardous materials
identified under the Agreement.
Exhibit A Resolution No. 2019-XX Page 34 of 71
G. Professional Liability: CONTRACTOR shall obtain, at CONTRACTOR's expense, and
keep in effect during the term of this contract, Professional Liability Insurance covering
any damages caused by an error, omission or any negligent acts. Combined single limit
per occurrence shall not be less than $2,000,000.
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Exhibit A Resolution No. 2019-XX Page 35 of 71
SECTION 7
STANDARDS OF PERFORMANCE & PAYMENT SECURITY
7.1 Security Requirements
A. Within fourteen days of the Notice of Award by City Commission, CONTRACTOR shall
furnish to CITY performance & payment security in an amount equal to $100,000.00 as
security for the faithful performance of Agreement and for the payment of all persons
performing labor and/or furnishing materials in connection with the Agreement. Bond
shall be submitted on Exhibit E provided in the Agreement. The condition of this
obligation is such that, if CONTRACTOR shall promptly and faithfully perform the
Agreement, make payments to all claimants for all labor and material used or reasonably
required for use in the performance of the Agreement, and shall fully indemnify and save
harmless CITY and its agents and/or service provider for all costs and damages that may
be suffered by reason of failure to do so, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
B. The performance & payment security shall be in the form of a cashier's check payable to
"City of Weston" and drawn on a bank, authorized to do business in the State of Florida,
or a surety bond issued by a surety company meeting the qualifications stated in this
Section. A copy of the cashier's check or surety bond shall be attached as Exhibit E.
C. The surety company issuing the surety bond shall fulfill each of the following provisions,
and CONTRACTOR shall provide evidence to document such fulfillment:
1. The surety company is licensed to do business in the State of Florida.
2. The surety company holds a valid certificate of authority, authorizing it to write
surety bonds in the State of Florida.
3. The surety company has twice the minimum surplus and capital required by the
Florida Insurance Code at the time the Agreement is executed.
4. The surety company is otherwise in compliance with the provisions of the Florida
Insurance Code.
5. The surety company holds a valid certificate of authority issued by the United
States Department of the Treasury under 31 U.S.C. § 9304-9308.
6. The bond shall contain all provisions required by § 255.05, Florida Statutes, as
may be amended from time to time.
7. The bond shall be issued by a Florida resident agent.
Exhibit A Resolution No. 2019-XX Page 36 of 71
SECTION 7
STANDARDS OF PERFORMANCE & PAYMENT SECURITY
CONTINUED
8. A surety bond shall be executed by a surety company of recognized standing
having been in business with a record of successful continuous operation for at
least five years.
9. The surety company shall meet a minimum financial rating by AM Best Company
of no less than "A- Excellent: FSC VII" and shall have at least a minimum
policyholders rating of A- Class VII or higher. In the event that the surety
company's rating shall drop, the surety company shall immediately notify CITY.
10. All surety companies are subject to review and approval by CITY and may be
rejected without cause. All bonds signed by an agency shall be accompanied by
a certificate of authority to act.
D. Duration of Security: Performance & payment security shall remain in force until
expiration. If the Agreement is terminated, they shall remain in force for one year from
the date of termination of this Agreement as protection to CITY against losses resulting
from improper performance of work under the Agreement that may appear or be
discovered during that period.
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Exhibit A Resolution No. 2019-XX Page 37 of 71
SECTION 8
GENERAL CONDITIONS
8.1 Notice to Commence
No work shall commence until the Notice of Commencement is issued by CITY.
8.2 Exemption Prohibition
CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting any
provisions of this Agreement.
8.3 Failure to Comply with Provisions
CONTRACTOR agrees and acknowledges that CONTRACTOR'S failure to comply with any
provisions in this Agreement, including but not limited to failing to accurately complete any or
all attached forms and exhibits, may constitute a breach of this Agreement, and may result in
termination of this Agreement.
8.4 Additional Services
If it should become necessary for CITY to request CONTRACTOR to render any additional
services to either supplement the services described in the Agreement or to perform additional
work, such additional work shall be performed only if set forth in an amendment to this
Agreement. Any such additional work shall be by mutual agreement of both parties, negotiated
as to price, and approved by action of City Commission.
8.5 Compensation
A. The amount of compensation payable by CITY to CONTRACTOR shall be based upon
the prices as set forth in Exhibit B, attached hereto and made a part hereof, which amount
shall be accepted by CONTRACTOR as full compensation for all 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 Agreement.
B. CONTRACTOR may submit an invoice for compensation, developed and agreed upon
by 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 previously. Each statement shall
show the proportion of the guaranteed maximum payment that has been expended
through previous billings.
Exhibit A Resolution No. 2019-XX Page 38 of 71
C. Notwithstanding any provision of this Agreement to the contrary, the City Manager may
withhold, in whole or in part, payment to the extent necessary to protect CITY from loss
on account of inadequate or defective work which has not been remedied or resolved in
a manner satisfactory to the City Manager. The amount withheld shall not be subject to
payment of interest by CITY.
D. Payment shall be made to CONTRACTOR in accordance with the local government
prompt payment act as stipulated in part VII of Chapter 218, Florida Statutes, by check,
electronic funds transfer (EFT), e-pay or p-card, or other method as determined by CITY
in its sole discretion.
E. Beginning on October 1, 2020 and each October 1" thereafter, CONTRACTOR shall
receive an annual adjustment in the rates that are part of the total Collection element of
rates established in the Rate Structure provided in Exhibit B. The adjustment to the
Collection element of costs in Exhibit B shall be based on the annual change in the
February Consumer Price Index - All Urban Consumers, Not Seasonally Adjusted, All
Items, Miami --Fort Lauderdale -West Palm Beach Area, 1982-84=100, Series ID:
CUURS35BSA0, CUUSS35BSAO (the "CPI"), except that the annual adjustment to the
costs shall not exceed 5% (increase or decrease). The CPI is available from the United
States Department of Labor, Bureau of Labor Statistics. The parties acknowledge that fuel
costs are reflected in the above referenced CPI, and therefore there shall be no additional
fuel costs adjustments.
8.6 Taxes
CONTRACTOR shall not be entitled to CITY'S tax-exempt benefits.
8.7 Verbal Agreements
A. No verbal agreement or conversation with any officer, agent, or employee of the CITY,
either before or after execution of the Agreement, shall affect or modify any of the terms
or obligations contained in the Agreement. Any such verbal agreement or conversation
shall be considered as unofficial information and in no way binding upon CITY or
CONTRACTOR.
B. The terms, conditions, and pricing of the Agreement can only be altered with an
amendment to the Agreement by action of City Commission.
8.8 No Contingency Fees
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.
Exhibit A Resolution No. 2019-XX Page 39 of 71
8.9 Assignment; Non -transferability of Agreement
A. The Agreement shall not be assigned or transferred. If CONTRACTOR is, or may be,
purchased by or merged with any other corporate entity during the Agreement, the
Agreement may be terminated as a result of such transaction. The City Manager shall
determine whether an Agreement is to be terminated in such instances.
B. If, at any time during the Agreement, filings, notices or like documents are submitted to
any regulatory agency concerning the potential acquisition of CONTRACTOR, or the sale
of a controlling interest in CONTRACTOR, or any similar transaction, CONTRACTOR
shall immediately disclose such information to CITY. Failure to do so may result in the
Agreement being terminated, at CITY'S sole discretion.
8.10 Compliance with Applicable Laws
CONTRACTORS are required to comply with all provisions of federal, state, county and local
laws, ordinances, rules and regulations that are applicable to the services being provided in this
Agreement. Lack of knowledge of CONTRACTOR shall in no way be a cause for relief from
responsibility or constitute a cognizable defense against the legal effects thereof.
8.11 Familiarity with Laws and Ordinances
CONTRACTOR is familiar with all federal, state and local laws, ordinances, rules and regulations
which affect those engaged or employed in the provision of such services, or equipment used in
the provision of such services, or which in any way affects the conduct of the provision of such
services; and no plea of misunderstanding will be considered on account of ignorance thereof. If
CONTRACTOR discovers any provisions in the Agreement that are contrary to or inconsistent
with any law, ordinance, or regulation, it shall report the issue to CITY in writing without delay.
8.12 Advertising
CONTRACTOR agrees not to use this Agreement as a part of any advertising or CONTRACTOR
sponsored publicity without the express written approval of City Manager or designee.
8.13 Indemnification
A. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney
selected by CITY, to defend CITY and any of its 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.
Exhibit A Resolution No. 2019-XX Page 40 of 71
B. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney
selected by CITY, to defend CITY and any of its 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.
C. CONTRACTOR shall indemnify CITY and any of its 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 Agreement.
CONTRACTOR shall defend and/or settle at its own expense any action brought against
CITY, any of its 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
Agreement, 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.
D. CONTRACTOR acknowledges that specific consideration has been paid or shall 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.
E. The provisions of this section shall survive the expiration or earlier termination of this
Agreement. To the extent considered necessary by City Manager and City Attorney, any
sums due to 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.
8.14 Miscellaneous
A. Ownership of Documents: Unless otherwise provided by law, any and all reports,
surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of CITY. Any compensation due to
CONTRACTOR shall be withheld until all documents are received as provided herein.
B. Audit and Inspection Rights, Retention of Records:
1. 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.
Exhibit A Resolution No. 2019-XX Page 41 of 71
2. 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. Such records and accounts shall
be kept after completion of the work provided for in this Agreement, for at a
minimum, the retention period required by the Florida Public Records Act
(Chapter 119, Florida Statutes) and by item 340, Disbursement Records: Detail,
of the State of Florida General Records Schedule GS1-SL for State and Local
Government Agencies, as may be promulgated from time to time. Such books and
records shall be available at all reasonable times for examination and audit by
CITY.
3. Such retention of such records and documents shall be at CONTRACTOR'S
expense.
4. If any audit has been initiated and audit findings have not been resolved at the
end of the retention period, 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.
5. CONTRACTOR shall respond to the reasonable inquiries of successor
CONTRACTORS and allow successor CONTRACTORS to receive working papers
relating to matters of continuing significance.
6. CONTRACTOR shall provide a complete copy of all working papers to CITY,
prior to final payment by CITY, in accordance with the Agreement for
CONTRACTOR'S services.
C. Public Records: CONTRACTOR shall comply with The Florida Public Records Act as
follows:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the service.
2. Upon request by the CITY's records custodian, provide the CITY 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 Chapter 119,
Florida Statutes, or as otherwise provided by law.
3. 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 Agreement term.
Exhibit A Resolution No. 2019-XX Page 42 of 71
4. Upon completion of the Agreement or in the event of termination of the
Agreement by either party, any and all public records relating to the Agreement
in the possession of CONTRACTOR shall be delivered by CONTRACTOR to
CITY, at no cost to CITY, within seven (7) days. All records stored electronically
by CONTRACTOR shall be delivered to the CITY in a format that is compatible
with the CITY's information technology systems. Once the public records have
been delivered to the CITY upon completion or termination of this Agreement,
CONTRACTOR shall destroy any and all duplicate public records that are exempt
or confidential and exempt from public record disclosure requirements.
5. CONTRACTOR'S failure or refusal to comply with the provisions of this Section
shall result in the immediate termination of this Agreement by the CITY.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 954-385-2000,
pbates@westonfl.orR OR BY MAIL: City of Weston — Office of
City Clerk, 17200 Royal Palm Boulevard, Weston, FL 33326.
D. 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.
Exhibit A Resolution No. 2019-XX Page 43 of 71
E. 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, CONTRACTOR 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 an contract 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.
F. 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 intentto create any rights or obligations in any third person
or entity under this Agreement.
G. Notices: Whenever either party desires to give notice to the other, such notice shall 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:
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Exhibit A Resolution No. 2019-XX Page 44 of 71
CITY: Donald P. Decker, City Manager/CEO
City of Weston
17200 Royal Palm Boulevard
Weston, FL 33326
With a copy to:
Jamie Alan Cole, Esq.
City Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
200 East Broward Boulevard, Suite 1900
Fort Lauderdale, FL 33301
CONTRACTOR: Carl Schwartz, President
Graphplex Signs
2830 N. 28st Terrace
Hollywood, FL 33020
H. 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.
1. 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.
2. In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written Agreement, from having any conflicts within the
meaning of this section.
Exhibit A Resolution No. 2019•XX Page 45 of 71
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.
�. 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 days after the finding
by the court becomes final.
K. 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 express 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.
L. Priority of Provisions: If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any form and 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 Sections i through 8 of this Agreement shall
prevail and be given effect.
M. Applicable Law and Venue: Attorney's Fees and Costs: This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State 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 any action to
enforce this Agreement shall be in Broward County, Florida. The parties expressly waive
all rights to trial by jury for any disputes arising from or in any way connected with this
Agreement. The parties understand and agree that this waiver is a material Agreement
term. This Agreement is not subject to arbitration. If any 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.
N. 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.
Exhibit A Resolution No. 2019-XX Page 46 of 71
O. Prior Agreements: This Agreement and its attachments constitute the entire agreement
between CONTRACTOR and CITY, and this document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable
to the matters contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject 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 Section7.17 (N.) Amendments above.
P. Incorporation by Reference: The truth and accuracy of each "Whereas" clause set forth
above is acknowledged by the parties. The attached Forms and Exhibits are incorporated
hereto and made a part of this Agreement.
Q. Multiple Originals: This Agreement may be fully executed in five (5) copies by all parties
each of which, bearing original signatures, shall have the force and effect of an original
document.
R. Headings: Headings are for convenience of reference only and shall not be considered in
any interpretation of this Agreement.
S. Binding Authority: Each person signing this Agreement on behalf of either party
individually warrants that he or she has 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.
T. 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.
U. 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
factual unit costs supporting the compensation of this Agreement are accurate, complete,
and current at the time of contracting.
V. Non -Appropriation of Funds: In the event no funds or insufficient funds are appropriated
and budgeted or are otherwise unavailable in any fiscal year for payments due under this
Agreement, then CITY, upon written notice to CONTRACTOR of such occurrence, shall
have the unqualified right to terminate this Agreement without any penalty or expense to
CITY.
Exhibit A Resolution No. 2019-XX Page 47 of 71
W. Default: In the event of a default by CONTRACTOR, CONTRACTOR shall be liable for
all damages resulting from the default. CITY may take advantage of each and every
remedy specifically existing at law or in equity. Each and every remedy shall be in
addition to every other remedy specifically given or otherwise existing and may be
exercised from time to time as often and in such order as may be deemed expedient by
CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed
to be a waiver of the right to exercise any other remedy. CITY`s rights and remedies as set
forth in this Agreement are not exclusive and are in addition to any other rights and
remedies available to CITY in law or in equity.
Exhibit A Resolution No. 2019-XX Page 48 of 71
None.
SECTION 9
SPECIAL CONDITIONS
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019-XX Page 49 of 71
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN TRACE DEVELOPMENT
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND GRAPHPLEX SIGNS FOR ROADWAY
TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
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, signin.0 by and through its
Mayor, authorized to execute same by Commission action on the I �`n day o ��20i5
and authorized to execute same.
ATTEST:
'-iDa,tX� c..- OLl� Otl-4
Patricia A. Bates, MMC, City Clerk
Approved as to form and legal
for the use of and reliance by'
City of Weston onY-)
WE
Jamie Alan C
h
I day of
Attorney
CITY OF WES(00N),Vuugits City Commission
By:
Daniel e , yor
I U day of 'Acu"'\- 94, 20 asp
By: l j
Donald P. Decker, City Manager /CEO
� �� day of �os'w , 203.0
(CITY SEAL)
Exhibit A Resolution No. 2019-XX Page 50 of 71
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN TRACE DEVELOPMENT
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND GRAPHPLEX SIGNS FOR ROADWAY
TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
ATTEST:
Patricia A. Bates, MMC, District Clerk
Approved as to form and legal it
y
for the use of a lianc y the
City of Westpn onl
By:
Jamie Alan let, Distric
ICE+ day f 1amLua 1�
20 d
INDIAN TRA aDVELOPMENT DISTRICT
By:
Danie e , r
fh I
day of � �r 20 a-o
By: 14
Ili. C/
Donald P. Decker, District Manager /CEO
y.tn
�day of � p-A 20 'XD
(CITY SEAL)
Exhibit A Resolution No. 2019-XX Page 51 of 71
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN TRACE DEVELOPMENT
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND GRAPHPLEX SIGNS FOR ROADWAY
TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
ATTEST:
Patricia A. Bates, MMC, District Clerk
Approved as to form and legality
for the use of and reliance la tthe
City of Weston '0y:
La
Jamie Ala ole, District Attorney
10 �d of 20a0
BONAVENT E DE LO MENT DISTRICT
By:
Daniel e , air
L04 day of JG . i , 20 3-0
By: V U�
D ald P. Decker, District Manager/CEO
h
4'` day of Q^ tiu I� , 20-10
(CITY SEAL)
Exhibit A Resolution No. 2019-XX Page 52 of 71
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT AND GRAPHPLEX SIGNS FOR ROADWAY TRAFFIC
SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07.
CONTRACTOR: Grapy Signs
By:
2019
ExNbit A Resolu9on No. 2019-XX Page 53 of 71
SECTION 10
EXHIBITS FORMS
The exhibits located in this section of the Agreement shall be submitted by the successful
PROPOSER/CONTRACTOR after the award of the Agreement (at the time specified herein).
[THIS SPACE INTENTIONALLY LEFT BLANK]
Exhibit A Resolution No. 2019 XX Page 54 of 71
EXHIBIT A
CERTIFICATE OF INSURANCE
ATTACH CERTIFICATE OF INSURANCE
Exhibit A Resolution No. 2019-XX Page 66 of 71
EXHIBIT B
FEE SCHEDULE
CONTRACTOR offers the following fee for providing all labor, materials, maintenance of traffic and
equipment to perform Traffic Signage Maintenance Services in accordance with the Scope of Work and
terms of the Agreement. The quantities below are annual ecrirnarpc QNI v and not a ai»rantaari nmruint
Item :
Description
Unit
Estimated
Unit Price'oial;1'
Manufacture and installation of Primary Sign
Type A Post per details shown Figure 3.4-A:
Al
14'-2' height with two street name signs
each
20
�} 25 • DO
b
N $�• ��
perpendicular with blades & backing plate for
I
35 MPH. Does NOT include regulatory signs
shown.
Manufacture and installation of Primary Sign
Type A•1 Post per details shown Figure 3.4-A-
A2
1 :12'-0" height with two street name signs
each
20
$11515 , 0D
4 FJ) 150O.00
perpendicular with blades & backing plate for
t
35 MPH. Does NOT include regulatory signs
shown.
Manufacture and installation of Sign Type 8
A3
Post per details shown Figure 3.4-8: 12'-0'
Post as shown with two street name signs
each
20
212�5'00�H!MDO-00
perpendicular all with backing late.
A4
Additional Cost over Item i or 2 for street
name signs for specified for roads 40MPH or
each
40
$ 00
$ 151 DOS OD
greater. See detail in Figure 3.4-A.
�!2Zrj
Manufacture and installation of Sign Type C
AS
Post per details shown Figure 3.4-C:12'-0"
each
100
I l
�I 50' 60
WDi 5LOq 0
Post as shown. Does NOT include regulatory
t
•
signs shown.
Manufacture and installation of Sign Type D
A6
Posts per details shown Figure 3.4-D: Includes
Double Posts 9.6' high as shown. Does NOT
each
40
$ 2,a jqD�
j, & 19V2O
include signs shown.
Manufacture and installation of Sign Type E
A7
Post per details shown Figure 3.4-E: 12'-0"
Post as shown. 5"x5" Plain 12'-0" High Post
each
100
$ ( ZDD 00
$ 120 Opp, 00
(No mid -height collars, No "W'). Does NOT
include regulatory signs shown.
Manufacture and installation of Sign Type F
A8
Post per details shown Figure 3.4-F: 12'-0'
Post as shown. 4"x4" Plain 1 V-0" High Post
"W",
each
40
0
2� r �� • ��
(No collars for entire post, No no outer
base). Does NOT include regulatory signs
Labor and equipment cost for removal of
A9
damaged sign blade and backing plate only,
any size, prior to installation of new sign blade
each
100
2-11 DOD• uv
and backing plate on existing post(s). ANY
SIZE. Minimum work order 10 locations.
Exhibit A Resolution No. 2019 XX Page 56 of 71
Item
Description
Unit.
Esti , . I
Quantity
. I Unit Price ::
, :Total
Labor and equipment cost for the removal of a
sign blade and labor (only) to replace of new
A10
sign in its place, on an existing post(s). The
rate applies to any size sign (up to a maximum
each
200
�315.0
2
of 70" x30".) DO NOT INCLUDE material cost
for new sign blade. Minimum work order 10
locations.
A11
Vertical re -alignment of (re -plumb) Single
5'xS" (or smaller) post per location. Minimum
each
50
Iq5 -00
$ q I LS D. 010
work order 10 locations.
Vertical re -alignment of (re -plumb) Double
Al2
5"x5" posts post per location. Minimum work
each
20
2440.00
$ q %W. pQ
order 10 locations.
t
Removal of knocked down sign post and
A13
return to Public Services Center per instance
each
100
$ I I (�
I ��
(for Double post signs rate shall be 1.5 times
pU(� .
A13)
A14
Install temporary signage with temporary post
per BCETD requirements within CITY
each
40
response requirements
On -site welding of existing dislodged collars
to posts per side of post. CONTRACTOR to
A15
utilize existing aluminum angle collar
each
200
2LOrD
631 D00 OD
supplied by CONTRACTOR. Minimum work
order amount 10 posts locations.
On -site welding of dislodged collars to posts
A16
per side. CONTRACTOR to supply matching
Each
200
$q96.1?o
$6q,DW.00
aluminum angle collar. Minimum workorder
amount 10post locations.
Supply and install 'W" on existing posts on -
Al 7
site in the ROW and CITY facilities. Minimum
Each
200
00 DO
$lnl 0W. vp
work order amount 10 post locations.
Hourly rate labor rate for Sign Installation Two
A18
Person crew. Includes transportation and tools
hour
50
2� p,
I�lJ 00 • (�
for installation of miscellaneous signs. DOES
NOT INCLUDE SIGN MATERIALS.
Inspection and field documentation of signs
for damage per sign post location in with
A19
accordance Section 3.6, Sign Inspections.
Each
400j�'
,
i t.� dd, (D
Minimum work order amount of 100 sign post
locations.
Remove old existing sign blade and install
A20
new 24"X24" Weston AM Radio Sign Blades
Each
20
?�'� (�
i • ��
on existing sign post and existing back plate
on site.
Remove old existing sign blade and install
A21
new S1-1 School Advanced Warning (36x36)
Each
20
on existing sign post and existing back plate
an site
Exhibit A Resolution No. 2019-XX Page 57 of 71
Item
�. Description:
Unity
Estlniated
Unit Price
'
Remove old existing sign blade and install
A22
new 52-1 School Crossing (24x30) on existing
Each
20
$1-)1 n . ��
It$' f 2bo. �
sign post and existing back plate on site
E3
Subtotal (Items Al thru A22):
INSTALLATION;OF SIGN BLADE WITH. BACK'PLATE......
Manufacture and installation of sign blades and backing plates per the drawing and written requirements for
B
the following type and size of signs. The sizes below refer to the sign blades, the back plates dimensions
shall be larger and sized accordingly pursuant to the RFP requirements:
Guide Signs
B1
D1-1 Single Destination (42x18)
Each
1
��D3tp .) Z
sit 05(P . 1Q—
62
D1-2 Dual Destination (54x30)
Each
1
B3
D11-1 Bike Route (30x24)
Each
10
1iL41• 5 I
$ 41 L415. 10
D3-2 Advance Street Name (aka Next
B4
Intersection Ahead) Signs - 70" X 30". D3-
2 signs of different dimensions will be
Each
40
i5�
r�rJ�' ��
adjusted pro rata by the square foot).
B5
D9-2 Hospital (24x24)
Each
5
$ q nb , rj 3
2.1 D02 • Lf 5
B6
M1-1 Interstate Route Guide Sign (24x24)
Each
5
Oq • �3
24 002 . LP!J
B7
M3- Series Cardinal Directional Signs
Each
5
�5 • ��
{DI
(24x12}
i
B8
M4-11 Bike Route Supplemental Plaque
Each
1
25
$ 3 D to . 2
(24xa)3bC,?
B9
M6-1a Diagonal Arrow Auxiliary (21x15)
Each
5
$ .
610
M6-3a Directional Arrow Auxiliary
(21x15)
Each
1
3�1�• 3�
3 . 3�
School
Signs
611
FTP-30-06 School Days Time (18x18)
Each
5
33�. 3�j
�� (p Lei . —7
812
FTP-30-06 School Speed Limit 0 8x24)
Each
5
$ 3q7 . LP D
3g • pD
B13
FTP-85-06 Official Use Only (12x18)
Each
2
W1 1-'
I Lo15 H , 52.
B14
S1-1 School Advanced Warning (3606)
Each
4
511. V5
$2, pL98. 20
B15
S2-1 School Crossing (2400)
Each
4
�'�. 5�
$ ! +-1� Dq
Page 105 of 119
Exhibit A Resolution No. 2019-XX Page 58 of 7.1
Item
Descri tion
p
Unit .
t3atimat0
Quant�tq
Unit Price
a7otal
B16
54-1 Time to Time Am Time to Time PM
(24x48)
Each
4
r��� q!
$ 2,1391 CP
817
54-3 School (2400)
Each
4
��'•51
04
B 1$
55-1 School Speed Limit XX When
Flashing (24x48)
Each
4
�$ • q i
�-i �2� • i9 q
B19
55-2 End School Zone (2400)
Each
4
Re ul
ory Signs
B20
OM-1 Object Marker (12x12)
Each
20
B21
R1-1 Stop (3000)
Each
40
-Itv3.59
19, 535•t0O
B22
R1-2 Yield (360606)
Each
5
5
B23
R1-3 4-way (12x6)
Each
4
Li
$1 � J • 3i.P
B24
111-4 All Way (18x6)
Each
4
� 300! Le
$1 ,2du•Loq
B25
R10-13 Emergency Signal (36x24)
Each
4
B26
R10-20A Mon -Fri and Times (2400)
Each
2
$ q Db ,' 2
• [.�, ^
8 01
B 27
R10-7 Do Not Block Intersection
Each
4
� � , .�
i t J q 1 • D q
B28
R2-1 Speed Limit (24x24)
Each
20
t-� y--j t0
��,g55.20
B29
R3-1 No Right Turn (24x24)
Each
4
, L}ou .��3
1 t w d2 • E
B30
113-17 Bike lane (3004)
Each
40
490 5(.p
jq, Cp22 • qC)
B31
R3-17A Bike Lane Supplemental Plaques
Each
20
(30x12)
4'
B32
R3-2 No Leh Turn (24x24)
Each
4
$LJoo
$ 1,D2.•1 2
B33
R3-3 No Turns (24x24)
Each
4
yD0.5 3
t (.9 d2 • i 2.
B34
R3-4 No U-Turn (24x24)
Each
10
$400-55 is
, uD6. 30
B35
R3-5 Mandatory Lane Control (3006)
Each
4
b 05
$ `
B36
R3-5U U-Turn Only (30x36)
Each
4
Sy qD 5 (o
4 it
Exhibit A Resolution No. 2019-XX Page 69 of 71
item :
, :. Description ;
Unit
Estimated
Q�anc�ty
lJnit;PrIce •
:Total:...:
637
R3-7 Mandatory Movement Lane Control
(30x30)
Each
z
dc'' tt
$+ob •
$92U - FS
B38
R3-9B Two Way Leh Turn Only (2406)
Each
1
B39
R4-4 Begin Right Turn Lane Yield to Bikes
(36x30)
Each
4
��O• J�D
j q (� 2
B40
R4-7 Keep Right 1 (24x30)
Each
20
L'q
B41
R4-7A Keep Right 2 (2400)
Each
2
B42
R5-1 Do Not Enter (24x30)
Each
4
B43
R5-1 A Wrong Way (3000)
Each
2
$ H U3
2Le•78'
844
116-1 One Way (3000)
Each
4
(p& • fJ!5
$11 g 1, ! ?(?
B45
117-1 No Stopping (12x18)
Each
4
�3a7. �
$►,3o8•A
B46
R74 No Standing (12x18)
Each
2
32,E • (Q
W `� • 3 2
847
R7-7 No Parking (12x18)
Each
4
�32,� •
a �, �O� ��
B48
R8-3 No Parking Generic (24x30)
Each
4
�� �.� •?
f�QO• u
B49
W14 Turn (24x24)
Each
4
0,90 3
1 �Av 2 • )
J
B50
W1-2 Curve (24x24)
Each
1
$ L4 00.5 3
$ LA ou . lb 3
B51
W1-7 Large Arrow (Two Directions)
Each
1
bM • 91
(48x24)
852
W11-1 Bicycle (2024)
Each
4
���, 3
! �� 02 - l 2
B53
W11-11 Golf Cart (3000)
Each
2
�l.l iQ3 ,3Q
q 2 L p , -7 �r
B54
W11-12P Emergency Signal Ahead (3000)
Each
2
655
WI 1-2 Pedestrian (30x30)
Each
3
B56
W11-8 Emergency Vehicle (3000)
Each
4
857
W14-1 Dead End (3000)
Each
2
$1�(�3 1
�2-�P • g
Exhibit A Resolution No. 2019-XX Page 60 of 71
Item Description
B58 W14-2 No Oullet (3000)
B59 W16-2a Distance Ahead (2012)
B60 W16-5P Advanced Arrow (24x18)
B61 W 16-6P Directional Arrow (240 8)
862 W16-7P Diagonal Arrow (24x12)
B63 W16-9P Ahead (24x12)
864 W3-1 Stop Ahead (3606)
B65 W3-2 Yield Ahead (36x36)
866 W4-1 Merge (36x36)
B67 W4-2 Lane Ends (36x36)
B68 W9-1 Right Lane Ends (3000)
869 W9-2 Lane. Ends Merge Left (30x30)
B 70
item I Description of Task
For specialized requests from the CITY
using materials NOT described in items in
C1 A, B and D of Exhibit B - Fee Schedule,
the CONTRACTOR shall provide a %
markup or discount on materials
Unit
Estimated
►te
ty
Unit Price
Total
Each
2
gW5.59
$�2.c.p•�g
Each
,
� �35. �D
� 3 �5 • � o
Each
q
$341. uo
$ 13� p • t7
Each
q
��', SOU
S + ��� , q O
Each
q
� �3°5 . �p
� ! � 3 � 2 •t��?
Each
q
�s3s�j •J�
� � 1 3��•aU
Each
2
5j 1. 05
3) ,
Each
2
$51-7.05
l 103H • f u
Each
2
:55j-j.D5
jt 0& • j 0
Each
1
4 5)7-05
� 517 - 05
Each
1
$q(95. 3g
s q (P5- 36)
Each
2
3H 9j-C1c0
$ 933 •92-
Subtotal (items 81 thtru B69);
$113,155.1-11
% Markup
Total
(+) or
=Annual Est X (+!-
Annual Estimate
Di
Discount ()
t R
E.g. for 12`b markup
(Enter % and circle
10,0(10 X
plus of minus)
0 +.12) •- S12,000
-V
$ 1 o,oao
GRAND TOTAL (ITEM A23 + ITEM B70 + ITEM C 1):V
$ I, 0$ U, 45(a , 5 1
N�4jtvl All 4f.
l'o)-b 4�j �i T
Exhibit A Resolution No. 2019-XX Page 61 of 71
(Continued)
EXHIBIT B
FEE SCHEDULE
UNIT PRICES FOR MATERIALS
The CONTRACTOR offers the following unit prices for providing the items below on an as needed
basis as requested by the CITY.
Item
No.
Description
Unit
Cost
($/Uniq
D1
OM-1 Object Marker (120 2)
EACH
� 301 . y q
D2
R1-1 Stop (3000)
EACH
$ L 3 59
D3
111-2 Yield (360606)
EACH
D4
OM-1 Object Marker (1202)
EACH
30,� . L4 I-)
D5
112-1 Speed Limit (24x24)
EACH
D6
R3-1 No Right Turn (24x24)
EACH
4 DO. 53
D7
R3•-17 Bike Lane (3004)
EACH
9 0• NCO
D8
R3-17A Bike Lane Supplemental Plaques (30x12)
EACH
�3C9-7.q-7
D9
112-1 Speed Limit (24x24)
EACH
$ L] L4 • -7 CP
D10
FTP-30-06 School Days Time (18x18)
EACH
(4332. 35
D11
FTP-30-06 School Speed Limit (18x24)
EACH
Ttvo
D12
FTP-85-06 Official Use Only 02x18)
EACH
D13
S1-1 School Advanced Warning (36x36)
EACH
s-).o5
D14
S2-1 School Crossing (2400)
EACH
D15
S4-1 Time to Time Am Time to Time PM (24x48)
EACH
D16
S4-3 School (2400)
EACH
Exhibit A Resolution No. 2019-XX Page 62 of 71
D3-2 Advance Street Name (alca Next Intersection
EACH
D17
Ahead) Signs - 70" X 30". 133-2 signs of different
-�
dimensions will be adjusted pro rata by the square
foot).
D18
Weston Radio AM Signs (24"x 24")
EACH
' t
Exhibit A Resolution No. 2019-XX Page 63 of 71
EXHIBIT C
CONTRACTOR'S SUB -CONTRACTORS LIST
CONTRACTOR shall provide a comprehensive list of all sub -contractors (if any) and the work to be
performed.
Item#
Sub -Contractor Company Name and Employer
Identification Number
Work to be Performed
'
NIA
2
3
Exhibit A Resolution No. 2019 XX Page 64 of 71
EXHIBIT D
TRANSITION PLAN
ATTACH TRANSITION PLAN
Exhibit A Resolution No. 2019-XX Page 65 of 71
SECTION 2
ADDENDUM NO. 2 ISSUED OCTOBER 4, 2019
ADDENDUM NO. 1 ISSUED SEPTEMBER 19, 2019
CITY OF WESTON RFP NO. 2019-07
ADDENDUM NO. 2
RFP TITLE: Roadway Traffic Signage Maintenance Services
RFP NO: 2019-07
DATE: October 4, 2019
To All Proposers:
Proposers for the above referenced solicitation shall take note of the following changes,
additions, deletions, clarifications, etc., to the RFP documents, which in accordance with the
Agreement shall become a part of and have precedence over anything shown or described
otherwise.
A. CHANGES IN THE RFP DOCUMENTS
1. The Proposal Submittal Deadline has been changed to 11:00 a.m., local time, October
10, 2019.
B. QUESTIONS RECEIVED FROM PROPOSERS AFTER ISSUANCE OF PREVIOUS
ADDENDUM:
1. Q: Which sign post included in the solicitation, is to be provided as a sample?
A: Please refer to section 2.5 Sample Sign Post (page 7) of the solicitation. The Sample
Sign Post required shall be as shown in Figure 3.4-C but with sign blade "R3-17
Bike Lane" as the single sign on 12 feet (above ground) tall post.
2. Q: Where the changes to the post discussed during the second pre -proposal meeting
included in Addendum No. 1?
A: Refer to Addendum No. 1, a drawing of post to include additional details, was
included as an attachment.
3. Q: Are the quantities included in the fee schedule annual quantities?
A: Yes, the quantities are estimated annual quantities.
4. Q: The fabricator of the sample post will not have it available for two weeks can we
submit bid without the post?
A: Prior to the Proposal submittal, the Proposer shall deliver to the CITY, a
manufactured Sample Sign Post containing a single post with an associated sign,
strictly meeting all the criteria outlined in the RFP. Refer to Section A. stipulated
herein for the new Proposal Submittal due date.
RFP No. 2019-07 Addendum No. 2 Page 1 of 2
Attachments:
1. Pre -Proposal Conference Sign -in Sheet
END OF ADDENDUM NO.2
All other information remains as originally described in the solicitation.
RFP No. 2019-07 Addendum No. 2 Page 2 of 2
SECOND MANDATORY PRE -PROPOSAL CONFERENCE
SIGN IN SHEET
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP NO. 2019-07
DATE: SEPTEMBER 25, 2019 AT 2:00 P.M. LOCATION: CITY HALL COMMISSION CHAMBERS
PRINT NAME
FIRM NAME/ADDRESS
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ADDENDUM NO. 1
RFP TITLE: Roadway Traffic Signage Maintenance Services
RFP NO: 2019-07
DATE: September 19, 2019
To All Proposers:
Proposers for the above referenced solicitation shall take note of the following changes,
additions, deletions, clarifications, etc., to the RFP documents, which in accordance with the
Agreement shall become a part of and have precedence over anything shown or described
otherwise.
A. CHANGES IN THE RFP DOCUMENTS
1. Due to disruption of working days caused by Hurricane Dorian since the RFP was
advertised, please note the following changes:
The Proposal Submittal Deadline has been changed to 11:00 a.m., local time,
October 8, 2019.
A second mandatory pre -proposal conference shall be held at 2:00 p.m. local time,
on September 25, 2019 at the City of Weston City Hall, Commission Chambers
located at 17200 Royal Palm Boulevard, Weston, FL 33326. Proposers planning to
submit a proposal are required to attend this conference. Proposers that attended
the first pre -proposal conference are not required to attend this second pre -proposal
conference.
2. Paragraph 7.1 Security Requirements, (and all sections referencing the bond amount) is
being changed to read as follows:
Within fourteen days of the Notice of Award by City Commission, CONTRACTOR shall
furnish to CITY performance & payment security in an amount equal to $100,000.00 of
00% ef the tetal aiiRwal cost wh8eheyeF is, gFeateF as security for the faithful performance
of Agreement and for the payment of all persons performing labor and/or furnishing
materials in connection with the Agreement. Bond shall be submitted on Exhibit E
provided in the Agreement. The condition of this obligation is such that, if CONTRACTOR
shall promptly and faithfully perform the Agreement, make payments to all claimants for
all labor and material used or reasonably required for use in the performance of the
Agreement, and shall fully indemnify and save harmless CITY and its agents and/or service
provider for all costs and damages that may be suffered by reason of failure to do so, then
this obligation shall be null and void; otherwise it shall remain in full force and effect.
3. Section 8, General Conditions - Paragraph 8.5 E. has been changed to read as follows:
Beginning on October 1, 2020 and each October 1" thereafter, CONTRACTOR shall
receive an annual adjustment in the rates that are part of the total Collection element of
rates established in the Rate Structure provided in Exhibit B. The adjustment to the
RFP No. 2019-07 Addendum No. 1 Page 1 of 7
Collection element of costs in Exhibit B shall be based on the annual change in the 4
February Consumer Price Index - All Urban Consumers, Not Seasonally Adjusted, All
Items, Miami -Fort Lauderdale -West Palm Beach Area, 1982-84 =100, Series ID:
CUURS35BSA0, CUUSS35BSAO (the "CPI"), except that the annual adjustment to the
costs shall not exceed 5% (increase or decrease). The CPI is available from the United
States Department of Labor, Bureau of Labor Statistics. The parties acknowledge that fuel
costs are reflected in the above referenced CPI, and therefore there shall be no additional
fuel costs adjustments.
4. The following is hereby added to Section 3.4 on page 57 of 119:
Drawing R-12 Rev, Typical Street Sign Assembly, provides information that
complements the standard sign details in 3.4, such as radii size for backing plate.
5. Section 3.1.E on page 54 of 119 is modified to read:
E. Permanent new replacement signs must be installed within 4-4 18 calendar days from
the time a work order request is issued to the CONTRACTOR by the CITY.
6. The following Section 3.5 is hereby added to Section 3, STANDARDS OF WORK:
3.5 Liquidated Damages
If, in the opinion of the City Manager there has been a breach of Agreement, the
City Manager shall notify the CONTRACTOR, in writing, specifying the basis and
reason in which there has been a breach of Agreement. In the event of a breach by
CONTRACTOR, CONTRACTOR shall be liable for liquidated damages as provided
in this Section. Unless otherwise provided in this Section 3.5, there shall be no cure
period of time to avoid the consequences of a breach.
Liquidated damages not a penalty. CONTRACTOR agrees that the amount of
liquidated damages assessed pursuant to this Section 3.5 is reasonable and does not
constitute a penalty. The parties recognize the difficulty of proving the loss or
damage suffered by the CITY due to CONTRACTOR's breach. CONTRACTOR
acknowledges and agrees that the amount of liquidated damages approximate the
loss anticipated at the time of execution of this Agreement.
A. Installation of Permanent Signs
Failure to comply with the provisions for the installation of new replacement
signs within the required 18 calendar day period following the issuance of a
work order, shall result in liquidated damages of One Hundred Dollars ($100)
a day for each day of delay.
B. QUESTIONS RECEIVED FROM PROPOSERS TO DATE:
1. Q: By when does the full-size sample post is to be delivered? Is it required for the
mandatory pre -proposal conference or just before the proposal submittal?
A: Samples are due prior to the proposal submittal.
RFP No. 2019-07 Addendum No. 1 Page 2 of 7
2. Q: Is there a specific form required for compliance of the Proposal Security?
A: The standard form regularly provided by the Surety is acceptable.
3. Q: What is the amount of performance and payment bond required?
A: Performance & payment security in an amount equal to $100,000.00.
4. Q: On Exhibit B, Item A9, for removal of damaged sign blade; are you referring to the Z-
Bar? And please clarify on the "minimum work order 10 locations" note included as
part of the item.
A: Sign Blade refers the flat aluminum sign with the text. Each work order will list 10
locations minimum to minimize mobilization costs.
5. Q: Would the City consider adding an item for mobilization?
A: No, that is why there are minimum quantity to work order amounts.
6. Q: Figure 3.5- A, Typical Damage to Post Collars (page 67); does the 10-location minimum
apply to the welding also?
A: Yes, it applies to welding.
7. Q: Figure 3.2-D, Cases of Improper Manufacturer and Installation (page 69); it appears as
though spot painting would not be acceptable. Please confirm that a uniform coating is
required.
A: Yes, uniform coating is required.
8. Q: Figure 3.2-D, Cases of Improper Manufacturer and Installation (page 69); on all exposed
bolt heads for the "U-Turn" sign, are the bolts required in red to match the sign?
A: Bolts heads are required to match the color of the surrounding adjacent color.
9. Q: Does the 24-hour response time apply to both regulatory signs and terminology signs?
A: Yes, it applies to both.
10. Q: Do you have a preferred manufacturer for the poles, for the shop drawings provided?
A: Proposers are responsible for all manufacturing and installation.
11. Q: Are signed and sealed drawings required for fabrication based on the specifications?
A: No signed and sealed drawings are required for signs manufactured to the standards in
the RFP.
12. Q: How are Addendum(s) being sent out?
RFP No. 2019-07 Addendum No. 1 Page 3 of 7
A: Addendums are emailed directly to the firms that attended the pre -proposal conference
and also posted on Demand Star, BidSync and included as part of the RFP documents
that are sold at City Hall.
13. Q: How are the renewal terms processed?
A: Prior to the expiration of the contract term, the Contractor will receive a renewal letter,
requesting the Contractor's concurrence for renewal. Upon mutual consent, an
Agenda Item and Amendment is drafted and presented to the City Commission for
approval. Upon receipt of the City Commission's approval, the Amendment is signed
by the required parties and executed.
Attachments:
1. Pre -Proposal Conference Sign -In Sheet
2. Drawing R-12 Rev, Typical Street Sign Assembly
END Of ADDENDUM NO. 1
All other information remains as originally described in the solicitation.
RFP No. 2019-07 Addendum No. 1 Page 4 of 7
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PRE -PROPOSAL CONFERENCE
SIGN IN SHEET
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP No. 2019-07
DATE: SEPTEMBER 131,2019 AT 10:30 A.M. LOCATION: CITY HALL COMMISSION CHAMBERS
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CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
REQUEST FOR PROPOSALS
NO. 2019-07
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
REQUEST FOR PROPOSALS NO. 2019-07
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
INDEX
PROPOSAL DOCUMENTS:
SECTION 1 NOTICE TO PROPOSERS
SECTION 2 GENERAL INSTRUCTIONS TO PROPOSERS
SECTION 3 EVALUATION OF THE PROPOSAL
SECTION 4 PROPOSAL SECURITY
SECTION 5 PROPOSAL FORMS
AGREEMENT DOCUMENTS:
SECTION 1 TERM AND TERMINATION
SECTION 2 SCOPE OF WORK
SECTION 3 STANDARDS OF WORK
SECTION 4 STANDARDS OF CONTRACTOR
SECTION 5 STANDARDS OF LABOR & MATERIALS
SECTION 6 STANDARDS OF INSURANCE
SECTION 7 STANDARDS OF PERFORMANCE & PAYMENT SECURITY
SECTION 8 GENERAL CONDITIONS
SECTION 9 SPECIAL CONDITIONS
SECTION 10 EXHIBIT FORMS
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 2 of 119
SECTION 1
NOTICE TO PROPOSERS
NOTICE IS HEREBY GIVEN that the City of Weston, Florida, Indian Trace Development District and
Bonaventure Development District (collectively the 'CITY") shall be accepting sealed proposals for:
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
REQUEST FOR PROPOSALS ("RFP") NO. 2019-07
The CITY is requesting proposals from qualified firms for the Roadway Traffic Signage Maintenance
Services under a continuing services contract ("CONTRACTOR"). Proposers shall provide all labor,
supervision, equipment, supplies, tools, materials, and all other necessary incidentals required to
perform the Roadway Traffic Signage Maintenance Services within the City of Weston.
Prior to the Proposal submittal, the Proposer shall deliver to the CITY, a manufactured Sample Sign
Post containing a single post with an associated sign, strictly meeting all the criteria outlined in this
RFP.
Proposers are advised that the CITY has NOT authorized the use of CITY's seal by individuals or
entities responding to the CITY's RFP, and that any such use by unauthorized persons or entities
constitutes a second-degree misdemeanor pursuant to Section 165.043, Florida Statutes.
QUALIFICATIONS
Proposers shall have a minimum of five (5) years of experience with the fabrication, installation,
maintenance and repair of roadway traffic signage. Proposers shall have been in continuous operation
for a minimum of the past five (5) years from the date that the RFP is issued and shall have a resident
branch office in Monroe, Miami -Dade, Broward or Palm Beach County, Florida. Proposer shall be
fully licensed with all required Federal, State, and Local government licenses/permits.
PROPOSAL SUBMITTAL DEADLINE
Submittals shall be received by the Procurement Manager until 11:00 a.m., local time, September
26, 2019 (the "Proposal Submittal Deadline") at City of Weston, City Hall, located at 17200 Royal
Palm Boulevard, Weston, Florida. The official clock at the City Hall reception desk shall govern.
Submittals received after this time shall be returned unopened. The sealed submittals will be publicly
opened at the City of Weston, City Hall after the Proposal Submittal Deadline. Award of a proposal
will be made at a City Commission meeting.
AVAILABILITY OF RFP DOCUMENTS
Interested parties may purchase a copy of RFP No. 2019-07 for Traffic Signage Maintenance Services
at the Weston City Hall, 17200 Royal Palm Boulevard, Weston, Florida 33326, 8:00 a.m. — 5:30
p.m., Monday through Thursday and 8:00 a.m. — 3:00 p.m. on Friday, upon payment of a $25.00
non-refundable fee for each RFP document. Payment shall be made by check, Visa, Master Card or
DM# 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 3 of 119
American Express. No cash payments will be accepted. Proposal documents are available for
electronic download from Onvia Demand Star at http://www.demandstar.com and from BiclSync at
http://www.bidsync.com. This RFP may also be examined at Weston City Hall, at the referenced
address. (8:00 a.m: 5:30 p.m. Monday through Thursday and 8:00 a.m. — 3:00 p.m. on Friday.)
MANDATORY PRE -PROPOSAL CONFERENCE
A pre -proposal conference shall be held at 10:30 a.m., local time, on September 13, 2019 at the City
of Weston City Hall, Commission Chambers located at 17200 Royal Palm Boulevard, Weston, FL
33326. Proposers planning to submit a proposal are required to attend this conference. Proposers
shall allow sufficient time to ensure arrival prior to the indicated time. Failure of a Proposer to be
present for the entire mandatory pre -proposal conference, beginning at the time stated above and
concluding at the dismissal of the mandatory pre -proposal conference by the CITY, shall render a
Proposer to be deemed non -responsive and the proposal shall not be considered for award. Decisions
of the CITY shall be final. The official clock at the location of the pre -proposal conference shall
govern.
PROPOSAL SECURITY
Proposal security in the form of a proposal bond acceptable to the CITY or a cashier's check made
payable to the "City of Weston" in the amount of $5,000.00 or 5% of the total proposal cost,
whichever is greater, will be required to be submitted with the proposal.
QUESTIONS
Any questions concerning this Notice to Proposers shall be submitted in writing to the Procurement
Manager, Martha Perez-Garviso at mperezgarviso®westonfi.org, with "Roadway Traffic Signage
Maintenance Services RFP No. 2019-07" in the subject line or via fax at: 954-385-2010 by 4:00
p.m., local time at least five business days prior to the pre -proposal conference.
CONE OF SILENCE
A cone of silence is imposed upon publication of this Notice to Proposers. The cone of silence
prohibits communications with the following individuals pertaining to this RFP:
Daniel J. Stermer, Mayor;
Margaret Brown, Commissioner;
Mary Molina-Macfie, Commissioner;
Thomas M. Kallman, Commissioner; and
Bryon L. Jaffe, Commissioner
Bryan Cahen, Director of Budget, Selection Committee Member;
Denise Barrett -Miller, Director of Communications; Selection Committee Member;
Andy Matusevich, Assistant Director of Landscaping, Selection Committee Member,
Ryan Fernandez, Director of Technology Services; Alternate Selection Committee Member;
Cindy Tao, Accounting Manager, Financial Reviewer; and
Any member of the Protest Committee, if and when established.
DMA 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 4 of 119
The details of the CITY's cone of silence are set forth in Section 32.10 of the CITY Code.
The Selection Committee shall convene at a publicly noticed meeting and review submissions, rank
and evaluate the proposals and provide a recommendation to the City Manager.
RIGHTS RESERVED
The City Commission reserves the right to reject any and all proposals, to waive any informality in a
proposal and to make awards in the best interests of the CITY.
Martha Perez-Garviso
Procurement Manager
City of Weston
Published: September 3, 2019
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 5 of 119
SECTION 2
GENERAL INSTRUCTIONS TO PROPOSERS
2.1 Proposal Submittal Deadline
The Proposal Submittal Deadline is included in Section 1 - Notice to Proposers, of this RFP.
2.2 Intent
The CITY is requesting proposals from qualified firms to provide all labor, supervision,
equipment, supplies, tools, materials, and all other necessary incidentals required to perform
the Roadway Traffic Signage Maintenance Services within the City of Weston.
The intent is to demonstrate the qualifications, competence and capacity of the firms seeking
to undertake the Roadway Traffic Signage Maintenance Services for the CITY in conformity
with the requirements of this Request for Proposals.
The CITY reserves the right to conduct investigations as it deems necessary, to determine the
ability of the selected Proposer(s) who shall perform the work or services. Information the
CITY deems necessary in order to make a determination shall be provided by Proposer upon
request.
2.3 RFP Documents
These RFP documents consist of the Proposal Documents and the Agreement Documents. All
forms and documents contained within the RFP and the Agreement shall be completed,
sealed and submitted. Submittal of a response to this RFP constitutes a binding offer by the
Proposer. A Proposer's failure to comply with any provisions in the RFP or the Agreement
may result in a determination of non -responsibility and/or non -responsiveness, at the sole
discretion of the CITY. All instructions in the RFP must be adhered to. Submission of a
proposal indicates acceptance by the Proposer of the conditions contained in the Agreement.
2.4 Mandatory Pre -Proposal Conference
A. At the pre -proposal conference, representatives of the CITY shall be available to
answer questions and explain the intent of the RFP or the Agreement. Questions about
the RFP or the Agreement which have been submitted in writing and received by the
CITY at least five business days prior to the pre -proposal conference will also be
addressed.
B. After the pre -proposal conference, the CITY may prepare written documentation to
answer questions which were addressed at the pre -proposal conference which relate
to the interpretation of, or changes to, the RFP or the Agreement which the CITY
deems appropriate for clarification.
OM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 6 of 119
2.5 Sample Sign Post
Prior to the Proposal submittal, the Proposer shall deliver to the CITY, a manufactured full
sized "Sample Sign Post" containing a single post with an associated sign, strictly meeting all
the criteria outlined in this RFP.
1. The Sample Sign Post required shall be as shown in Figure 3.4-C but with sign
blade "R3-17 Bike Lane" as the single sign on a 12 feet (above ground) tall
post. The Proposer's name shall be affixed to the Sample Post. The Sample
Post shall be the standard by which all the signs posts and signs are
manufactured by the successful Proposer.
2. The completed Sample Sign Post, along with the Sample Post Submission
Form (Exhibit F) completed and signed by the Proposer, shall be delivered to
the Public Works Services Center at 2599 South Post Road, Weston, FL 33327
by appointment only. Proposers shall contact Procurement Manager, Martha
Perez-Garviso at mperezgarviso@westonfl.org to schedule appointments at
least 24 hours prior to delivery. The Sample Sign Post shall become the
property of the CITY.
3. The Proposers shall submit the Sample Post Submission Form, Exhibit F,
containing the CITY's acknowledgement of receipt, with the Proposal
package.
2.6 Proposal Copies and Original
The Proposal shall contain seven (8) complete copies, one (1) unbound original and one (1)
digital copy in Adobe PDF format on a CDIUSB drive.
Each copy shall contain all mandatory and optional information submitted by the Proposer.
Additional copies may be requested by the CITY at its discretion.
2.7 Proposal Packaging
The proposal shall include all items identified in the above Section 2.6 and shall be submitted
in one (1) plain sealed box, or other secured packaging, marked as "Proposal" and shall be
inclusive of all documents and samples. The outside of the sealed package must clearly
indicate the submitting "RFP Number 2019-07, Roadway Traffic Signage Maintenance
Services". Proposer's name, address, telephone number and a specific contact person should
be included on the outside of the box.
Proposers are advised that the CITY has NOT authorized the use of CITY's seal by individuals
or entities responding to the CITY's RFP, and that any such use by unauthorized persons or
entities constitutes a second-degree misdemeanor pursuant to Section 165.043, Florida
Statutes.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 7 of 119
Proposers are advised that the CITY shall not supply or sell materials to Proposers in
connection with submission or preparation of proposals, or any other matter, including but
not limited to envelopes, labels or tape.
2.8 Signatures
B. All required signatures shall be manual, in blue ink. Only those persons designated
in Sections B through E below may sign the proposal. The proposal shall be typed or
legibly printed in ink. Use of erasable ink is not permitted. All blank spaces shall be
filled in and noted, in ink or typed, with amounts extended and totaled as appropriate.
All corrections made by a Proposer to any part of the proposal document shall be
initialed in ink. Failure to manually sign the appropriate pages may disqualify the
Proposer and the proposal may not be considered.
C. Proposals by corporations shall be executed in the name of the corporation by the
President or Vice -President listed on www.sunbiz.org (or other such corporate officer
if listed on www.sunbiz.org and accompanied by a resolution of the Board of
Directors evidencing the corporate officer's authority to sign) and attested to by the
Corporate Secretary or an Assistant Secretary.
D. Proposals by limited liability companies shall be submitted in the name of the limited
liability company by a Member, Manager or Officer listed on www.sunbiz.org. The
address and state of organization of the limited liability company shall be shown
below the signature.
E. Proposals by partnerships shall be submitted in the name of the partnership and
signed by a general partner. His/her title shall appear under his/her signature and the
official address of the partnership shall be shown below the signature.
F. Proposals by sole proprietorships or individuals shall be signed by the Individual/sole
proprietor. His or her address shall be shown below the signature.
2.9 Proposal Format
A. The proposal shall be typewritten single sided 8'/2 x 11-inch white paper. Pages shall
be secured by staple, binding or similar closures.
B. All pages are to be consecutively numbered. If there is insufficient space for a
response on a form, the response may be continued on a blank page immediately
following the form. The additional pages are to be numbered the same as the form
with the addition of the letter "a", "b", "c", etc. If a form is provided and additional
pages are needed, the form may be copied. The copied pages are to be numbered the
same as the form with the addition of the letter "a", "b", "c", etc.
C. In instances where a response is not required, or is not applicable or material to the
proposal, a response such as "no response is required" or "not applicable" is
acceptable.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 8 of 119
D. The following forms shall be completed and submitted with the Proposal:
■ Proposal Form 1: Proposer's Statement of Organization
■ Proposal Form 2: Personnel
■ Proposal Form 2A: Contractor's Equipment List
■ Proposal Form 3: References
■ Proposal Form 4: Non -Collusion Affidavit
• Proposal Form 5: Drug -Free Workplace
■ Proposal Form 6: Independence Affidavit
■ Proposal Form 7: Acknowledgment of Addenda
• Proposal Form 8: Certification to Accuracy of Proposal
■ Proposal Form 9: Proposal Security
• Proposal Form 10: Scrutinized Companies
■ Proposal From 11: Public Entity Crimes
Exhibit B: Fee Schedule
• Exhibit C: Contractor's Subcontractors List
■ Exhibit D: Transition Plan
■ Exhibit F: Sample Post Submission Form (See Section 2.8D above).
E. The following items shall be submitted by the successful Proposer after the award of
the Agreement (at the time specified herein).
• Exhibit A: Certificate of Insurance
Exhibit E: Performance & Payment Security
2.10 Submittal, Receipt and Opening of Proposals
A. All proposals shall be submitted on or before the Proposal Submittal Deadline to:
Procurement Manager
City of Weston
17200 Royal Palm Boulevard
Weston, Florida 33326
B. The official clock at City Hall reception desk shall govern. Proposals submitted and
time stamped on or before the Proposal Submittal Deadline shall be opened publicly
at City Hall.
C. All Proposers are reminded that it is the sole responsibility of the Proposer to ensure
that their proposal is time stamped by the Office of the City Clerk prior to the Proposal
Submittal Deadline. Proposals received after the Proposal Submittal Deadline shall
be returned unopened.
2.11 Withdrawal or Revision of Proposal Prior to and After Submittal Deadline
1. Once a proposal has been submitted to the Procurement Manager by the Proposal
Submittal Deadline, it shall not be returned to the Proposer.
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2. The withdrawal, modification or correction of a proposal after it has been submitted
to the CITY shall constitute a breach by the Proposer.
2.12 Proposal Guarantee
All proposals shall be guaranteed firm for a minimum of 90 calendar days after the submission
of the proposal.
2.13 Multiple Proposals Prohibited
More than one proposal from an individual, firm, partnership, corporation or association
under the same or different names shall not be considered. Reasonable grounds for believing
that a Proposer is involved in more than one proposal for the same work shall be cause for
rejection of all proposals in which such Proposers are believed to be involved. In addition, a
single proposal from more than one individual, firm, partnership, corporation or association
under the same or different names shall not be considered. joint ventures shall be permitted;
however, such arrangements shall designate a single primary Proposer or shall be combined
into a single legal entity. The CITY shall only consider one proposal from one Proposer.
2.14 Additional Terms and Conditions
No additional terms and conditions submitted by a Proposer shall be evaluated or considered.
Any and all such additional terms and conditions shall have no force and effect and are
inapplicable to this RFP or the Agreement.
2.15 Interpretations and Inquiries
A. Submission of a proposal shall serve as prima facie evidence that the Proposer has
examined the Agreement and is fully aware of all conditions affecting the provision
of services.
B. No person is authorized to give oral interpretations of, or make oral changes to, the
RFP or the Agreement. Therefore, oral statements shall not be binding and should not
be relied upon. Any interpretation of, or changes to, the RFP or the Agreement shall
be made in the form of a written addendum to the RFP or the Agreement and shall be
furnished by the CITY to all Proposers who attend the mandatory pre -proposal
conference. Only those interpretations of, or changes to, the RFP or the Agreement
that are made in writing and furnished to the Proposers by the CITY may be relied
upon.
2.16 Assignment; Non -transferability of Proposal
A. Proposals shall not be assigned or transferred. A Proposer who is, or may be,
purchased by or merged with any other corporate entity during any stage of the
proposal process, through to and including awarding of and execution of the
Agreement, is subject to having its proposal disqualified as a result of such transaction.
The City Manager shall determine whether a proposal is to be disqualified in such
instances.
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B. If, at any time during the proposal process, filings, notices or like documents are
submitted to any regulatory agency concerning the potential acquisition of Proposer,
or the sale of a controlling interest in the Proposer, or any similar transaction, the
Proposer shall immediately disclose such information to the CITY. Failure to do so
may result in the proposal being disqualified, at the CITY's sole discretion.
2.17 The CITY's Exclusive Rights
A. CITY reserves the exclusive rights to:
1. Waive any deficiency or irregularity in the selection process.
2. Accept or reject any or all qualification statements in part or in whole.
3. Request additional information as appropriate.
4. Reject any or all submittals if found not to be in the best interest of the CITY.
5. Award all or a portion of the services set forth in the Agreement as determined
to be in the best interest of the CITY.
6. Award the Agreement to one or more than one Proposer as determined to be
in the best interest of the CITY.
B. In the event of a sole proposal, the CITY reserves the right to reject the sole proposal.
C. By submitting a proposal, the Proposer acknowledges and agrees that no enforceable
agreement arises until the CITY signs the Agreement, and no action shall lie to require
the CITY to sign the Agreement at any time. The Proposer waives all claims to
damages, lost profits, costs, expenses, reasonable attorneys' fees, etc., as a result of
the CITY not signing the Agreement.
2.18 Public Records
Upon award recommendation or 30 days after proposal opening, whichever is earlier, any
material submitted in response to this RFP shall become a "public record" and shall be subject
to public disclosure consistent with Chapter 119, Florida Statutes (Public Records Law).
Proposers shall claim the applicable exemptions to disclosure provided by law in their
response to the RFP by identifying materials to be protected, and shall state the reasons why
such exclusion from public disclosure is necessary and legal. The CITY reserves the right to
make all final determination(s) of the applicability of the Florida Public Records Law.
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2.19 Public Entities Crime
A. A person or affiliate as defined in Section 287.133, Florida Statutes, who or which
has been placed on the convicted vendor list maintained by the Florida Department
of Management Services following a conviction for a public entity crime, may not
submit a proposal to provide any goods or services to the CITY and may not transact
business with the CITY in an amount set forth in Section 287.017, Florida Statutes,
for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
B. By submitting a response, the Proposer certifies that it is qualified under Section
287.133, Florida Statutes, to provide the services set forth in the Agreement.
2.20 Insurance Requirement
Within 14 calendar days of the date of the notice of intent to consider award of
agreement by the City Commission, the Proposer shall furnish to the CITY, proof of
insurance as required herein.
2.21 Protest Procedures
A. Standing: Parties that are not actual Proposers, including, but not limited to,
subcontractors, material and labor suppliers, manufacturers and their representatives,
shall not have standing to protest or appeal any determination made pursuant to this
Section.
B. Protest of Failure to Qualify: Upon notification by the CITY that a Proposer is deemed
non -responsive and/or non -responsible, the Proposer who is deemed non -responsive
and/or non -responsible may file a protest with the CITY Clerk by close of business on
the third business day after notification (excluding the day of notification) or any right
to protest is forfeited. The City Hall hours are as follows:
Monday -Thursday from 8:00 a.m. to 5:30 p.m. & Friday from 8:00 a.m. to 3:00 p.m.
C. Protest of Award of Agreement: After a notice of intent to consider award of agreement
is posted, a Proposer who is aggrieved in connection with the pending award of the
Agreement or any element of the process leading to the award of the Agreement may
file a protest with the Office of the City Clerk by close of business on the third business
day after posting (excluding the day of posting) or any right to protest is forfeited. A
notice to consider rejecting all proposals is subject to the protest procedure.
D. Content and Filing: The protest shall be in writing, shall identify the name and address
of the protester, and shall include a factual summary of, and the basis for, the protest.
Filing shall be considered complete when the protest and the protest bond are
received by the Office of the City Clerk. The official clock at City Hall reception desk
shall govern.
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E. Protest Bond: A Proposer filing a protest of failure to qualify and/or a protest of award
of agreement shall simultaneously provide a protest bond to the CITY in the amount
of $10,000 or 2% of the proposal value, whichever is greater, for each protest. If the
protest is decided in the protester's favor, the entire protest bond shall be returned to
the protester. If the protest is not decided in the protester's favor, the protest bond
shall be forfeited to the CITY. The protest bond shall be in the form of a cashier's
check.
F. Protest Committee: The Protest Committee shall review all protests. The City Manager
shall appoint the members of the Protest Committee. No member of the City
Commission or the Selection Committee shall serve on the Protest Committee. Each
Protest Committee member shall complete and execute an independence affidavit.
The City Attorney or designee shall serve as counsel to the Protest Committee. The
meeting of the Protest Committee shall be open to the public and all of the actual
Proposers shall be notified of the date, time and place of the meeting. if the Protest
Committee determines that the protest has merit, the City Manager shall direct that
all appropriate steps be taken. All of the actual Proposers shall be notified of the
determination by the Protest Committee. The Protest Committee shall terminate upon
the award of the Agreement, or such other time as determined by the City
Commission.
G. Stay of Award of Agreement or RFP Process: In the event of a timely protest, the City
Manager shall stay the award of the Agreement or the RFP process unless the City
Manager determines that the award of the Agreement without delay or the
continuation of the RFP process is necessary to protect any substantial interest of the
CITY. The continuation of the RFP process or award under these circumstances shall
not preempt or otherwise affect the protest.
H. Appeals to City Commission: Any actual Proposer who is aggrieved by a
determination of the Protest Committee may appeal the determination to City
Commission by filing an appeal with the Office of the City Clerk by close of business
on the third business day after the protester has been notified (excluding the day of
notification) of the determination by the Protest Committee. The appeal shall be in
writing and shall include a factual summary of, and the basis for the appeal. Filing of
an appeal shall be considered complete when the appeal is received by the Office of
the City Clerk.
Failure to File Protest: An actual Proposer that does not formally protest or appeal in
accordance with this Section shall not have standing.
2.22 Cone of Silence
A. Pursuant to Section 32.10 of CITY Code, there shall be no communication related to
this RFP between Proposers, including any lobbyist or any other person on behalf of
Proposers, and any member of City Commission, or any member of the Selection
Committee or Protest Committee (starting from the appointment of that Protest
Committee Member), if any.
B. The cone of silence shall not apply to written or oral communications with legal
DMi# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 13 of 119
counsel for the CITY.
C. This Section shall not prohibit any person from:
1. Making public presentations to the Selection Committee or Protest Committee
or to the City Commission, during any public meeting relating to this RFP.
2. Engaging in any negotiations at a meeting of the Selection Committee, or with
the City Commission during a public meeting.
3. Communicating in writing with the person designated in this RFP as the
Technical Advisor for clarification or information related to this RFP or the
Agreement. The written communication, including any response thereto, shall
be provided to any Proposer that has submitted a proposal.
4. A cone of silence shall begin when first publicly noticed, and shall terminate
upon execution of the Agreement, a decision by the City Commission to reject
all proposals, or the taking of other action that ends this RFP solicitation.
5. Any action in violation of this Section may be cause for disqualification of the
Proposer. The determination of a violation and/or disqualification shall be
made by the City Commission.
2.23 Scrutinized Companies
Pursuant to Section 287.135, Florida Statutes, a Proposer is ineligible to, and may not
submit a Proposal for, or enter into or renew a contract with CITY for goods or services if
at the time of submitting a Proposal for a new contract or renewal of an existing contract:
A. for any contract amount, if the Proposer is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or
is engaged in a boycott of Israel;
B. if $1 million or more and the Proposer is on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, created pursuant to Section 215.473,
Florida Statutes; or
C. if $1 million or more and the Proposer is engaged in business operations in
Cuba or Syria.
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2.24 Examination of Conditions
It shall be the Proposer's responsibility to visit the proposed work site(s) and to thoroughly
familiarize himself with the nature and extent of the work to be performed and all local
existing site conditions, to make his own estimate of the facilities and difficulties attending
the execution of the work; no allowance shall be made by the CITY for the Proposer's failure
to do so.
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SECTION 3
EVALUATION OF THE PROPOSAL
3.1 Selection Committee
Proposals submitted shall be evaluated by the Selection Committee members as stated in the
Notice to Proposers. The Selection Committee shall convene at a publicly noticed meeting
to review submissions, rank and evaluate the proposals, and provide a recommendation for
award. Selection Committee Members, Procurement Manager, Financial Reviewer and the
Technical Advisor shall complete and execute an independence affidavit.
3.2 Qualification Evaluation
A. The evaluation of proposals and the determination of responsiveness and
responsibility shall be the responsibility of the Selection Committee. Such
determination shall be based on information furnished by the Proposer, as well as
other information reasonably available to the CITY.
B. The Selection Committee shall examine the documentation submitted in the proposal
to determine the responsiveness of each Proposer. Failure to provide the required
information may disqualify any such proposal as non -responsive and such proposal
may not be considered. The Selection Committee may disqualify any Proposers that
make exaggerated or false statements.
C. The Selection Committee may make such investigations as it deems necessary to
determine the responsibility and ability of the Proposer and the Proposer shall furnish
the CITY all such information for this purpose as the CITY may request before and
during the proposal period. The Selection Committee reserves the right to make
additional inquiries, interview some or all Proposers, make site visits, obtain credit
reports, or take any other action it deems necessary to fairly evaluate all Proposers.
The Selection Committee may reject a Proposer or qualify a Proposer.
3.3 Responsiveness
The factors to be considered in determining the responsiveness of each Proposer include but
are not limited to the following:
A. Completion, accuracy and submission of all required documentation.
B. Compliance with all requirements of the RFP, including adherence to all RFP
instructions.
C. Consistency of the offered goods or services as set forth in the Agreement.
D. Accuracy of mathematical calculations.
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3.4 Responsibility
The factors to be considered in determining the responsibility of a Proposer shall include but
not be limited to the following:
A. Proposers past experience and performance.
B. Financial ability to perform the services described in the Agreement. Proposers must
demonstrate financial stability. Proposers shall provide a statement of their financial
stability, including information as to current or prior bankruptcy proceedings by
providing the following:
1. A copy of the most recent audited annual financial statements containing a
balance sheet, an income statement, and a statement of cash flows;
CAR
2. Non -audited financial statements containing a balance sheet, an income
statement, and a statement of cash flows plus a complete federal tax return for
the last two (2) years.
Social Security and/or bank account numbers should be redacted on the
statements/federal tax returns.
In lieu of submitting the above documentation, Proposer may submit alternative
documentation that demonstrates their financial ability to perform the services
described herein; however, a complete financial evaluation cannot be conducted
without the above documentation.
C. The financial statements requested are developed into nine financial ratios which
include the following:
1. Liquidity - measures a business's ability to cover its obligations, without
having to borrow or invest money in the business.
2. Working Capital - measures liquid assets that provide a safety cushion to
creditors.
3. Solvency - assesses a company's ability to meet its long-term obligations and
therefore remain solvent and avoid bankruptcy.
4. Gross Margin - indicates the percentage of sales (revenue) dollars available for
expenses and profit after the cost of materials is deducted from the sales
(reven ue).
5. Free Cash Flow - tells how much cash is left over from operations after a
company pays for its capital expenditures.
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6. Account Receivables — as a percentage of current assets, which will provide
information about assets not yet received and therefore unavailable at the
present time to be used as resources.
7. Receivables to Current Assets - receivables as a percentage of current assets
that would reveal the size of receivables in current assets and the opportunity
cost associated with it.
8. Long Term Debt - measurements representing the percentage of a
corporation's assets that are financed with loans and financial obligations
lasting more than one year.
9. Cash Ratio - an indicator of a company's liquidity by measuring the amount
of cash, cash equivalents or invested funds there are in current assets to cover
current liabilities.
**Proposers will only be compared to other firms that submit a proposal, to determine
relative positions of financial ability and stability. **
D. Litigation history
E. The scope and content of any investigations, reports or audits relating to, or
communications with, the Proposer that have been commenced or issued by any
local, state, or federal law enforcement agency, criminal justice agency, health and
safety agency or inspector general office.
F. Whether the Proposer has failed to disclose or made misrepresentations to any
governmental entity regarding conflicts of interest or potential or apparent conflicts
of interest.
G. Availability of appropriate material, equipment, facility and personnel resources and
expertise, or the ability to obtain them, to meet all requirements of the Agreement.
H. Whether the Proposer or its partners, officers or key personnel or its subsidiaries or
parent company have been engaged in any criminal activity or have been convicted
of any crimes.
3.5 Evaluation Process
A. The Selection Committee shall convene at a publicly noticed meeting and collectively
discuss and review the proposals. Each member of the Selection Committee shall
evaluate and rank each proposal in each of the categories listed in this section and
compute a final ranking. The Selection Committee Chairperson shall tally the final
rankings and announce the final total ranking. A sample of the ranking form used by
the Selection Committee is included in this Section.
B. Proposals shall be evaluated and ranked based on the following categories, which
shall be weighted as indicated on the Sample Ranking Form.
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1. The Proposer's financial ability to perform the services described in the
Agreement.
2. Qualifications of the Proposer's personnel, project manager and
subcontractors, including their pertinent training, skill and experience who
may be providing services pursuant to the Agreement.
3. Proposer's total cost of services as provided in the Exhibit B-Fee Schedule
Table.
4. Proposers experience and performance on comparable contracts with
fabrication, installation, maintenance and repair of roadway traffic signage.
5. Compliance of Sample Sign Post to RFP design specifications which includes:
post material type, post thickness, dimensions, sign blade vinyl material,
welding quality and locations, ornamental details, proper paint color and coat
thickness.
C. The Selection Committee may interview some or all of the Proposers. During the
evaluation process, the Selection Committee may request any or all Proposers to make
oral presentations. Based on the final rankings resulting from the process described
above, the Selection Committee will make a recommendation for award of the
Agreement.
D. In the event of a tie, the CITY shall break the tie by drawing lots at a publicly noticed
meeting.
3.6 Award
Following notification of the firm(s) selected, the City Commission may authorize the
appropriate CITY official to execute an agreement with the top ranked Proposer, and if
determined to be in the best interest of the CITY, any additional Proposers, in order of rank.
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DM# 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 19 of 119
SAMPLE RANKING FORM
Evaluation Criteria
Firm #1
Firm #2
Firm #3
Firm r 4
1. Proposer's financial ability
to perform the services
described in the Agreement.
2. Qualifications of the
Proposer's personnel, project
manager and subcontractors,
including their pertinent
training, skill and experience
who may be providing services
pursuant to the Agreement.
3. Proposer's total cost of
services as provided in the
Exhibit B - Fee Schedule.
4. Proposers experience and
performance on comparable
contracts with fabrication,
installation, maintenance and
repair of roadway traffic signage.
5. Compliance of Sample
Sign Post to RFP design
specifications which includes:
post material type, post
thickness, dimensions, sign
blade vinyl material, welding
quality and locations,
ornamental details, proper paint
color and coat thickness.
Tota I
Ranking
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SECTION 4
PROPOSAL SECURITY
4.1 Proposal Security
A. Simultaneous with the delivery of an executed proposal to the CITY, the Proposer
shall furnish to the CITY a proposal security in the minimum amount of $5,000.00 or
5% of the total proposal cost, whichever is greater, as security for the faithful
execution of an agreement with the CITY, in the event of such award by the CITY
Commission. Failure by the successful Proposer to execute an agreement, to furnish
a performance & payment bond and/or to furnish certificates of insurance in the
minimum amounts specified in the Agreement, within 14 calendar days of the date
of the notice of award by the CITY Commission, shall be deemed as a breach of the
Agreement by the Proposer, may result in forfeiture of the proposal security, and may
result in cancellation of the award of the Agreement. If the CITY determines that the
Agreement, required bonds, or any other requested items are not properly executed,
completed or provided, the CITY shall notify the Proposer of such deficiency, after
which the Proposer shall have seven calendar days to cure such deficiency. Failure
to do so shall be deemed as a breach of the Agreement and shall result in forfeiture
of the proposal security and cancellation of the award of the Agreement. Such
forfeiture shall be considered not as a penalty, but as liquidation for damages
sustained. Award may then be made to the next ranked Proposer, or all proposals
may be rejected.
B. The proposal security shall be in the form of a cashier's check payable to "CITY of
Weston" and drawn on a bank authorized to do business in the State of Florida; or a
proposal bond issued by a surety meeting the qualifications stated in this Section. The
cashier's check or proposal bond shall be attached to Proposal Form 9. The proposal
security shall be returned subsequent to execution of the Agreement by the successful
Proposer and the appropriate CITY official.
C. Qualifications of Surety: Surety companies issuing proposal bonds shall fulfill each of
the following provisions, and the Proposer shall provide evidence to document such
fulfillment:
1. The surety company is licensed to do business in the State of Florida.
2. The surety company holds a valid certificate of authority authorizing it to write
surety bonds in the State of Florida.
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3. The surety company has twice the minimum surplus and capital required by
the Florida Insurance Code at the time the Agreement is executed.
4. The surety company is otherwise in compliance with the provisions of the
Florida Insurance Code.
5. The surety company holds a valid certificate of authority issued by the United
States Department of the Treasury under 31 U.S.C. § 9304-9308.
6. The bond shall contain all provisions required by § 255.05, Florida Statutes,
as may be amended from time to time.
7. The bond shall be issued by a Florida resident agent.
8. A surety bond shall be executed by a surety company of recognized standing
having been in business with a record of successful continuous operation for
at least five years.
9. The surety company shall meet a minimum financial rating by AM Best
Company of no less than "A- Excellent: FSC VII" and shall have at least a
minimum policyholders rating of A- Class VII or higher. In the event that the
surety company's rating shall drop, the surety company shall immediately
notify CITY.
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SECTION 5
PROPOSAL FORMS
The forms located in this section of the RFP shall be included in the sealed proposal and shall be
unaltered. Forms not completed in full may result in disqualification.
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DM# 70976 v2 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 23 of 119
FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
1. Full Name of Proposer:
2. Principal Business Address, Phone and Fax Numbers & Email Address:
3. Principal Contact Person(s):
4. Form of Proposer (Corporation, Partnership, Joint Venture, Other):
A. If a corporation, in what state incorporated:
B. Date Incorporated:
C. If a joint Venture or Partnership, date of Agreement:
D. Name and address of all partners (state whether general or limited partnership):
E. If other than a corporation or partnership, describe organization and name of principals.
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
5. Provide names of principals or officers as appropriate and provide proof of the ability of the
individuals so named to legally bind Proposer.
Name Title
6. Indicate the number of years' Proposer has had current continual successful experience
performing work of a similar scope relevant to this RFP Agreement.
7. List all entities participating in this Agreement (including subcontractors if applicable):
Name Address Title
A.
B.
C.
D.
8. Outline specific areas of responsibility for each entity listed in Question 7.
A.
B.
C.
D.
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
9. County or municipal business tax receipt number (attach copies):
County:
Municipal:
10. Have you ever failed to complete any work awarded to you?
Yes No If yes, attach a separate sheet of explanation.
11. Within the last five years, has any officer or partner of your organization ever been an officer or
partner of another organization that failed to complete an Agreement?
Yes No If yes, attach a separate sheet of explanation.
12. Within the last five years, have you ever had a performance, payment or bid bond called?
Yes No If yes, attach a separate sheet of explanation.
13. Have you; any officer or partner of your organization, or the organization been involved in any
litigation or arbitration against the CITY?
Yes No If yes, attach a separate sheet of explanation.
14. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any other Florida public entity?
Yes No If yes, attach a separate sheet of explanation.
15. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any private entity for an amount greater than $100,000?
Yes No If yes, attach a separate sheet of explanation.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 26 of 119
FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
16. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent
company been charged or indicted for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or
parent company been convicted and/or fined for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
18. Within the last five years, have you, any officer or partner of your organization, or the
organization been investigated by any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office?
Yes No If yes, attach a separate sheet of explanation.
19. Within the last five years, have you, any officer or partner of your organization, or the
organization communicated with any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office relating to goods or services provided or performed for
any governmental entity?
Yes No If yes, attach a separate sheet of explanation.
20. Within the last five years, have there been any reports or audits relating to you, any officer or
partner of your organization, or the organization issued by any local, state, or federal law
enforcement agency, criminal justice agency or inspector general office.
Yes No If yes, attach a separate sheet of explanation.
21. Within the last five years, have you, any officer or partner of your organization, or the
organization failed to disclose or made misrepresentations to any governmental entity regarding
conflicts of interest or potential or apparent conflicts of interest.
Yes No If yes, attach a separate sheet of explanation.
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FORM 1
PROPOSER'S STATEMENT OF ORGANIZATION
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2019,
by
for
as _
(Name of person acknowledging) (Title)
(Company name)
Personally known to me or has produced Identification , type of identification
produced
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
DM## 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 28 of 119
FORM 2
PERSONNEL
For all principals of Proposer and key personnel providing services sought in the RFP or Agreement,
provide a detailed resume indicating that individual's areas of expertise and experience. Resumes shall
be provided in the following format, however, additional information may be provided at the option of
Proposer.
A. Name & title
B. Years experience with:
This company
Other similar companies
C. Education:
Degree(s)
Year and specialization
Certificates
Year and specialization
D. Professional references: (List a minimum of three)
E. Other relevant experience and Qualifications
F. Attach applicable licenses for each individual performing service pursuant to this Agreement.
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FORM 2A
CONTRACTOR'S EQUIPMENT LIST
CONTRACTOR shall provide a comprehensive list of all relevant equipment currently owned.
Item#
Title or Description of Equipment
Quantity
Owned/Leased
1
2
3
4
5
b
7
8
9
10
11
12
13
14
15
DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 30 of 119
FORM 3
REFERENCES
Proposer shall provide a minimum of three references for work/projects of a similar scope relevant
to this RFP /Agreement.
1. Name of company:
Address:
Phone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
2. Name of company:
Address:
Phone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
3. Name of company:
Address:
Phone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
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FORM 4
NON -COLLUSION AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
2.
3.
He/She is
that has submitted the attached proposal;
of , Proposer
He/She is fully informed respecting the preparation and contents of the attached proposal
and of all pertinent circumstances respecting such proposal;
Such proposal is genuine and is not a collusive or sham proposal;
4. Neither said Proposer nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded,
connived, or agreed, directly or indirectly, with any other Proposer, firm or person to
submit a collusive or sham proposal in connection with the Agreement for which the
attached proposal has been submitted or to refrain from proposing in connection with the
Agreement, or has in any manner, directly or indirectly, sought by agreement of collusion
or communication of conference with any other proper, firm, or person to fix the price or
prices in the attached proposal, or of any other Proposer, or to fix any overhead, profit or
cost element of the proposal or the response of any other Proposer, or to secure through
any collusion, connivance, or unlawful agreement any advantage against the CITY of
Weston, Florida, or any person interested in the Agreement; and
5. The response to the attached RFP is fair and proper and is not tainted by any collusion,
conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
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FORM 4
NON -COLLUSION AFFIDAVIT
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2019,
by as
(Name of person acknowledging) (Title)
for
(Company name)
Personally known to me or has produced Identification , type of identification
produced
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
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FORM 5
DRUG -FREE WORKPLACE
The undersigned Proposer in accordance with Chapter 287.087, Florida Statutes, hereby certifies that
does:
(Name of Proposer)
1. Publish a statement notifying employees that the unlawful manufacturing, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the work place, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the contractual services described in the RFP
document a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employee that, as a condition of working
on the contractual services described in the RFP or the Agreement, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
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FORM 5
DRUG -FREE WORKPLACE
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2019,
by as
(Name of person acknowledging) (Tine)
for
(Company name)
Personally known to me or has produced Identification , type of identification
produced
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
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FORM 6
INDEPENDENCE AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
I am
submitted the attached proposal;
of , the Proposer that has
1 hereby certify to the best of my knowledge that neither I nor any of those persons residing in my
household have or have had during the past five years, any relationships (professional, financial, familial
or otherwise) with the CITY (or any of its districts), its elected or appointed officials, its employees or
agents, or any member or alternate member of the Selection Committee.
A "relationship" for the purpose of this affidavit shall include but not be limited to employer/employee,
consultant, contractor, subcontractor, associate, officer, partnership, joint venture, ownership greater
than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient (in excess of $100.00), past or
on -going personal relationships, or joint involvement with charitable/voluntary activities. Relationship
includes having a prior or current contract with the CITY.
Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of those
persons residing in my household have received any promise of compensation, remuneration, gift,
discount, or other gratuity in exchange for my proposal.
I understand and agree that I shall give the CITY written notice of any other relationships (as defined
above) that I enter into with the CITY (or any of its districts), its elected or appointed officials, its
employees or agents, or any member or alternate member of the Selection Committee during the period
of the Agreement.
I set forth below any exceptions to the aforementioned (if none, write "None"):
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FORM 6
INDEPENDENCE AFFIDAVIT
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA }
COUNTY OF BROWARD }
The foregoing instrument was acknowledged before me this day of , 2019,
by as
for
(Name of person acknowledging)
(Company name)
Personally known to me
produced
(NOTARY SEAL HERE)
(Title)
or has produced Identification , type of identification
SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
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FORM 7
ACKNOWLEDGMENT OF ADDENDA
The Proposer hereby acknowledges the receipt of the following addenda issued by the CITY and
incorporated into and made part of the RFP or the Agreement. In the event the Proposer fails to include
any such addenda in the table below, submission of this form shall constitute acknowledgment of receipt
of all addenda, whether or not received by the Proposer.
ADDENDUM
NUMBER
DATE
RECEIVED
PRINT NAME
TITLE
SIGNATURE
(BLUE INK ONLY)
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FORM 8
CERTIFICATION TO ACCURACY OF PROPOSAL
The Proposer, by executing this form, hereby certifies and attests that all forms, affidavits and documents
related thereto that it has enclosed in the proposal in support of its proposal are true and accurate. Failure
by the Proposer to attest to the truth and accuracy of such forms, affidavits and documents shall result in
the proposal being deemed non -responsive and such proposal will not be considered.
By submitting a proposal to do the work, the Proposer certifies that a careful review of the RFP and the
Agreement has taken place and that the Proposer is fully informed and understands the requirements of
the RFP and the Agreement and the quality and quantity of service to be performed.
The undersigned individual, being duly sworn, deposes and says that:
A. He/She is
Proposer that has submitted the attached proposal;
of , the
B. He/She is fully informed respecting the preparation and contents of the attached proposal and of
all forms, affidavits and documents submitted in support of such proposal;
C. All forms, affidavits and documents submitted in support of this proposal and included in this
proposal are true and accurate;
D. No information that should have been included in such forms, affidavits and documents has been
omitted; and
E. No information that is included in such forms, affidavits or documents is false or misleading.
DMO 70976 A RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 39 of 119
FORM 8
CERTIFICATION TO ACCURACY OF PROPOSAL
(CONTINUED)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this
by as
(Name of person acknowledging)
for
(Company name)
Personally known to me
produced
day of , 2019,
(Title)
or has produced Identification , type of identification
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPUSTAMP NAME OF NOTARY
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FORM 9
PROPOSAL SECURITY
ATTACH CASHIER'S CHECK OR PROPOSAL BOND
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FORM 10
SCRUTINIZED COMPANIES
The undersigned Proposer in accordance with Section 287.135, Florida Statutes, hereby certifies that:
Proposer is not participating in a boycott of Israel;
Proposer is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List;
Proposer does not have business operations in Cuba or Syria.
Signature (Blue ink only)
Print Name
Title
Date
STATE OF FLORIDA }
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of , 2019,
by as
(Name of person acknowledging) (Title)
for
(Company name)
Personally known to me or has produced Identification , type of identification
produced
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF
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FORM 11
PUBLIC ENTITY CRIMES
Sworn Statement Under §287.133(3)(a), Florida Statutes
(This form must be signed in the presence of a notary public or other officer authorized to administer
oaths.)
1. This sworn statement is submitted with Bid, Proposal or contract No.
2. This sworn statement is submitted by:
(name of entity submitting sworn statement)
whose business address is:
Federal Identification Number
(FEIN) is:
(if applicable)
Social Security Number:
(if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement)
3. My name is:
(print name of individual signing this document)
and my relationship to the entity is:
4. 1 understand that a "public entity crime" as defined in §287.133(1)(g), Florida Statutes means a
violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any
other state or with the United states, including, but not limited to, any bid or contract for goods
or services to be provided to any public entity or 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.
5. 1 understand that a "convicted" or "conviction" as defined in §287.133(1)(b), Florida Statutes,
means a finding of guilt of a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of
guilty or nolo contendere.
6. 1 understand that an "affiliate" as defined in §287.133(i)(a), Florida Statutes means:
(a) A predecessor or successor of a person or a corporation convicted of a public entity crime;
or
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(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 crime. The term "affiliate" includes
those officers, directors, executives, partners, share holders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another person, or a pooling of equipment
or income among persons when not for fair market value under an arm's length
agreement, shall be a prima -facie case that one person controls another person. A person
who knowingly enters into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall be considered an
affi I iate.
7. 1 understand that a "person" as defined in §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 binds or applies to bids 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 an
entity.
8. Based on the information and belief, the statement that I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies)
a. Neither the entity submitting the sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members or agents who are active in management
of the entity nor any affiliate of the entity have been charged with and convicted of a public entity
crime subsequent to July 1, 1989.
b. The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members or agents who are active in management
of the entity or an affiliate of the entity has been charged with and convicted of a public entity
crime subsequent to July 1, 1989 and (Please indicate which additional statement applies)
1. There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order entered
by the hearing officer did not place the person or affiliate on the convicted vendor list.
(Please attach a copy of the final order)
2. The person or affiliate was placed on the convicted list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that
it was in the public interest to remove the person or affiliate from the convicted vendor
list. (Please attach a copy of the final order)
3. The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pending with the Department of General Services)
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Signature Date
STATE OF
55:
COUNTY OF )
Swom to and subscribed before me this day of , by
who (check one) [ ] is personally known to me or [ ] has produced
as identification.
Notary Public, State of
Print or Type Name of Notary Public
My commission expires:
(Seal)
(Not valid without seal or stamp)
END OF PUBLIC ENTITY CRIMES STATEMENT
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AGREEMENT DOCUMENTS
The Agreement located in this Section for Roadway Traffic Signage Maintenance Services within the CITY
is the form of the agreement that shall be utilized with the successful Proposer. The CITY reserves the
right to award or not to award the Agreement in the best interests of the CITY.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
AGREEMENT DOCUMENT
City of Weston RFP NO. 2019-07
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CITY OF WESTON, FLORIDA
RFP NO. 2019-07
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
INDEX
SECTION 1 TERM AND TERMINATION
SECTION 2 SCOPE OF WORK
SECTION 3 STANDARDS OF WORK
SECTION 4 STANDARDS OF CONTRACTOR
SECTION 5 STANDARDS OF LABOR & MATERIALS
SECTION 6 STANDARDS OF INSURANCE
SECTION 7 STANDARDS OF PERFORMANCE & PAYMENT SECURITY
SECTION 8 GENERAL CONDITIONS
SECTION 9 SPECIAL CONDITIONS
SECTION 10 EXHIBIT FORMS
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AGREEMENT
AMONG THE
CITY OF WESTON, FLORIDA
INDIAN TRACE DEVELOPMENT DISTRICT
BONAVENTURE DEVELOPMENT DISTRICT
MIM,
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES
RFP NO. 2019-07
This Agreement is made and entered into the day of , 2019 among the City
of Weston, a Florida municipal corporation, Indian Trace Development and District Bonaventure
Development District, (collectively "CITY") ("CONTRACTOR") for
Roadway Traffic Signage Maintenance Services ("Agreement"). References in this Agreement to "City
Manager" shall be meant to include his designee.
The following exhibits are incorporated herein and made a part of this Agreement:
Exhibit A: Certificate of Insurance
Exhibit B: Fee Schedule
Exhibit C: Contractor's Sub -Contractors List
Exhibit D: Transition Plan
Exhibit E: Performance & Payment Security
WITNESSETH:
WHEREAS, CITY solicited proposals from PROPOSERS to perform Roadway Traffic Signage Maintenance
Services; and
WHEREAS, proposals were evaluated and ranked by a Selection Committee and a recommendation was
made to the City Manager; and
WHEREAS, on , CITY adopted Resolution No. , which ratified or
altered the ranking of proposals for Roadway Traffic Signage Maintenance Services and authorized the
appropriate CITY officials to execute an Agreement with the number one ranked PROPOSER
; and
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WHEREAS, City Commission has selected CONTRACTOR to perform Roadway Traffic Signage
Maintenance Services, on an ongoing, or as needed basis, and at the sole discretion of CITY; and
WHEREAS, CITY and CONTRACTOR desire to enter into an Agreement whereby the duties and
obligations each to the other are set forth.
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:
[THIS SPACE INTENTIONALLY LEFT BLANK]
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SECTION 1
TERM AND TERMINATION
1.1 Term
The term of this Agreement shall begin on the date that it is fully executed and shall extend until
March 31, 2023 with two optional three (3) year renewal terms 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 1.2 of this Agreement.
1.2 Termination
A. This Agreement may be terminated for cause by action of the City Commission if
CONTRACTOR is in breach and has not corrected the breach within 30 days after written
notice from CITY identifying the breach, or for convenience by action of the City
Commission upon not less than 10 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 the City Manager
determines that termination is necessary to protect the public health, safety, or welfare.
B. This Agreement may be terminated for cause by CONTRACTOR if CITY is in breach and
has not corrected the breach within 60 days after written notice from CONTRACTOR
identifying the breach.
C. Termination of this Agreement for cause shall include but not be limited to, failure to
suitably perform the services, failure to continuously perform the services in a manner
calculated to meet or accomplish the objectives of CITY as set forth in this Agreement or
multiple breaches of the provisions of this Agreement notwithstanding whether any such
breach was previously waived or cured.
D. Notice of termination shall be provided in accordance with Section 8.14(G.) NOTICES of
this Agreement except that notice of termination by the City Manager which the 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 Section 8.15(G.)
NOTICES of this Agreement.
E. In the event this Agreement is terminated for convenience, upon being notified of CITY'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.
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F. In the event this Agreement is terminated, any compensation payable by CITY shall be
withheld until all documents are provided to CITY pursuant to the Agreement. In no event
shall CITY be liable to CONTRACTOR for any additional compensation, other than that
provided herein, or for any consequential or incidental damages.
G. This Agreement may be terminated by the CITY if the CONTRACTOR is found to have
submitted a false certification, Form 10, Scrutinized Companies, has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, has
been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged
in business operations in Cuba or Syria.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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SECTION 2
SCOPE OF WORK
2.1 Intent
The CONTRACTOR shall provide all required permits, labor, material, equipment and services
necessary for the fabrication, installation, maintenance and repair of roadway traffic signage
located on public rights -of -way and within CITY owned properties.
The CITY reserves the right to conduct investigations as it deems necessary, to determine the
ability of the selected CONTRACTOR(s) who shall perform the work or services. Information the
CITY deems necessary in order to make a determination, shall be provided by the CONTRACTOR
upon request.
2.2 CONTRACTOR shall be responsible for the following:
A. Installation of new traffic signs at new locations, in the right-of-way, CITY property and
parking lots as directed by the CITY, all in accordance with the requirements and
standards referenced in this RFP.
B. Repair of portions of existing traffic signs in the right-of-way all in accordance with the
requirements and standards referenced in this RFP. Repairs shall be in -place (on the site
at existing locations) or shop repaired and installed in the field.
C. Rapid installation of temporary traffic signage for critical downed signs.
D. Removal and replacement of existing traffic signs knocked down or severely damaged by
vehicular traffic or other means.
E. Installation of new signage in CITY Parks and other CITY Facilities.
F. Re-establish the vertical alignment of leaning street sign posts of signs dislodged from
vertical position by storms and hurricanes or other means.
G. Installation of temporary miscellaneous non -Weston standard traffic signs and
informational signage, as requested by the CITY.
H. Contractor shall provide, if requested by the CITY, a subcontractor to provide sign
retroreflectivity measurement using a retroreflectometer.
Providing salvage value for damaged or destroyed metal signage materials as applicable.
�. Other various and signage related work and tasks as directed by the CITY not mentioned
above.
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2.3 Existing Locations
There are approximately 5,300 existing traffic signs throughout the CITY within the Rights -of -Way
and in CITY owned properties. A more detailed map of the CITY can be accessed at
https://www.Westonfl.org/trafficsigns. These are the typical roadway & street name signage and
other informational signage all design and mounted on posts and backing in accordance with
Weston Standards as shown in Section 3, STANDARDS OF WORK, of this RFP.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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SECTION 3
STANDARDS OF WORK
3.1 Level of Service
A. All traffic signs shall be installed per the requirements and standards referenced in this
RFP.
B. Signs are typical standard signs and object markers approved for use on streets, highways,
bikeways, and pedestrian crossings. Other signs include special word messages for
guidance information.
C. Each traffic signpost shall be dug by hand or other small equipment or hand tools means.
Digging using a bobcat machine or large equipment shall be prohibited. The Contractor
shall be responsible to repair any underground irrigation related pipes or conduits. The
CONTRACTOR shall utilize all new materials and shall not use any refurbished signs
unless authorized by the CITY.
D. Any traffic sign that is knocked down, damaged, or missing shall be replaced by the
CONTRACTOR with a temporary sign within 24 hours from time of request by the CITY.
E. Permanent new replacement signs must be installed within 14 calendar days from the
time a work order request is issued to the CONTRACTOR by the CITY.
F. CONTRACTOR shall provide sign repair and maintenance services to include but not
limited to in -place sign blade (sign face) repair and replacement; signpost re -plumbing
(straightening); backplate removal, replacement or straightening; in -place welding of
collars and back plates. Removal of existing signs for shop repair.
G. All work shall be warranted for a period of one year after the acceptance of the work by
the CITY. Except for sign blade minimum retroreflectivity per the MUTCD standards shall
be warranted for a period not less than two years. The date of approval, by the CITY, of
payment in full for said work shall be used as the acceptance date.
3.2 Sign Blade Standards
A. All new street signs installed by the CONTRACTOR shall be in accordance with the
Manual on Uniform Traffic Control Devices for Streets and Highways, or MUTCD. The
MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of
Federal Regulations (CFR), Part 655, Subpart F.
B. All new signs retroreflectivity materials shall be Type XI or in accordance with the latest
regulations of Broward County Engineering and Traffic Division (BCTED) and MUTCD.
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C. At no instance shall Sign vinyl material be less than diamond grade.
D. Existing sign blades free from damage on an otherwise damaged post, shall remain the
property of the CITY and re -utilized when possible or at the direction of the CITY.
E. The terminology "signs," "sign blades" and "sign face" are used interchangeably in this
RFP.
F. All sign (regulatory, school zones, guide and warning) blades on Weston style posts shall
be aluminum and as specified herein.
G. Signs shall be free from all defects and bubbles. The sign blades surface shall have a
warranty from free defects for a period of one year after date of installation. The
CONTRACTOR shall replace all sign blades that fail during the warranty period
H. All sign blades on Weston Style posts shall be first mounted to a back plate as described
herein. The back plates shall be a minimum of one inch larger that the sign blade on each
side and shall be of the same shape as the sign blade to which it is mounted.
1. All exposed bolts, bolts head, nuts and washers shall match the color of the adjacent
surface. E.g. Bolt head the face of a "Stop Sign" shall be painted and covered to match
the color of the Stop Sign face.
3.3 Permits
A. Where permits are required, the CONTRACTOR shall be responsible for obtaining the
permit and shall submit the invoice of the permit cost to the CITY for reimbursement.
3.4 City of Weston Style Traffic Posts Standards
Figures "A-1" -- "A-7" (WHICH ARE NOT TO SCALE) specify the exact design, materials,
fabrication methods, and installation details. The CITY's Traffic Sign Standards have specific
requirements for the design and installation of the posts and back plate. These specifications shall
be strictly adhered to, all work shall be conducted in a manner designed to comply with and
completely fulfill both the intent and the long-term management requirements outlined in the
Local, State, and Federal permits.
A. Any reference to "acorn" style detail shall be "ball" style instead. Proposers shall inspect
any existing Weston style sign post in the CITY as an example.
B. Figure 3.4-A depicts a detail for a primary sign type 'A' 5"x5" post with stop sign and
secondary sign attached.
C. Figure 3.4-A-1 depicts a detail for a primary sign type A-1 5"x5" post with just a stop sign
attached.
D. Figure 3.4-13 depicts a detail for a primary sign type B 511x5" post with only the street
name sign blades attached.
E. Figure 3.4-C depicts details for typical secondary sign type C 511x5" post with just one
main sign attached with collars and base collar.
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F. Figure 3.4-D depicts details for typical Double Post type D 51**x5" posts with collars and
base collars and announcing the next signalized intersection. Note: These signs are
generally located within the medians main roadways.
G. Figure 3.4-E depicts a detail for typical type E 5" x 5" post with one main sign attached
with no "W" bordered by collars and with a collar base.
H. Figure 3.4-F depicts a detail for a primary sign type E 4"x4" post with one main sign
attached on a plan post. No collars, no "W", no collar base.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 57 of 119
Figure 3.4-A
DECORATIVE ELEMENT PRIMARY SIGN TYPE "A"
ROUTED THRU SIGN BLADE
FINISH ON ALL SIGN R COAT
COMPONENTS
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DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 63 of 119
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3.5 Sign Structure Repairs
The CONTRACTOR shall be responsible repairs and maintenance to the sign structure which
includes the posts, sign blade and back plate as directed by the CITY. Repairs and maintenance
include the following work.
A. The provide all labor, materials and equipment to repair of aluminum angle post collars
by on -site spot welding at post locations within the right-of-way and in CITY facilities area
and parking lots. In instances where collars can be found and re -used, the CONTRACTOR
shall utilize existing material.
B. When collars are missing, the CONTRACTOR shall manufacturer the collars and install
accordingly.
C. The CONTRACTOR shall remove damaged, bent or faded sign blades and/or sign back
plates as directed by the CITY.
D. The CONTRACTOR shall install replacement sign blades and back plate as directed by
the CITY.
3.6 Sign Inspections
If requested by the CITY, the CONTRACTOR shall perform field inspections services to survey
signs and posts that are in need of repairs as described in Sign Structure Repairs. For this task, the
CITY shall request a minimum of 100 sign post locations on work orders. Double post signs count
as one location.
The CONTRACTOR shall collect the information utilizing a free APP for mobile devices such as
Collector for ArcGIS (see more at https://www.esri.com/en-us/arcgis/p rod ucts/collector-for-
arcgis/overview) or similar. The CITY shall provide the setup and a link to the App that is
compatible with IOS and/or Android operating systems. The CONTRACTOR shall be responsible
for the field input and shall fill out map -driven forms previously created by the City. The
CONTRACTOR shall only need devices (mobile phones or tablets) compatible with IOS or
Android operating systems. The CONTRACTOR shall input the following information which will
be automatically uploaded to the CITY:
A. Confirm existence of sign post (Present or missing)
B. The ID number of the pole.
C. Confirm existing sign types on the post (from a drop -down list on the App)
D. Record the type of damage to the sign structure (from a drop -down list on the App):
1. Missing collars and record the state quantity.
2. Missing "W" letter and record the quantity.
3. Damaged sign blade to be replaced.
4. Damaged sign blade to be repaired in place.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance services Page 65 of 119
3.7 Replacement of Faded Signs Blades Only
The CONTRACTOR shall remove faded sign blades and replace with new sign blades in its place,
on an existing post(s) as directed by the CITY. Fee Schedule Item Al 0 shall provide for the labor
and equipment cost for the removal of a sign blade and labor (only) to replace of new sign in its
place, on an existing post(s) on -site. The rate applies the removal of any size sign (up to a
maximum of 70"x300. DO NOT INCLUDE material cost for new sign blades in item A10. This
material cost for the new sign blades shall be drawn from the unit cost as provided for in the Fee
Schedule "UNIT PRICES FOR MATERIALS;' Items D-1 through D-18. The CITY shall submit work
orders for no less than 10 post locations at a time.
3.8 Special Retroreflectivity Inspections
If requested by the CITY, the CONTRACTOR shall perform field retroreflectivity test to measure
and record the retroreflectivity of signs using a retroreflectometer.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 66 of 119
Figure 3.5-A— Typical Damage to Post Collars — Requires field repairs by spot welding
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Mainlenance Services Page 67 of 119
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Figure 3.5-D — Cases of Improper manufacturer and installation
Deteriorated face of Sign
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Post spraying of welds are not
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DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 69 of 119
3.9 Re -Establishment of Vertical Alignment of Sign Posts
A. The CONTRACTOR shall furnish all labor, supervision, materials, equipment, supplies,
tools, MOT, and safety measures to re-establish vertical alignment of leaning street sign
posts at various locations throughout the CITY. The general scope of work for repairs
needed and re -installation includes but not limited to the following:
1. Preparation of site location prior to commencement of work including
establishment of any MOT.
2. Excavate around the sign base and remove the sign post without damage to the
post and the sign blade(s). Any damages to the sign will be the responsibility of
the CONTRACTOR to replace the sign.
3. CONTRACTOR shall remove the existing encasing around the excavated sign
posts by chipping or other means and prepare the post for re -installation at the
same location in accordance with the foundation detail for the sign post as
provided in Exhibit B. If the excavated hole to remove the sign is not large enough
for re -installation per the foundation detail, the CONTRACTOR is responsible for
additional excavation to facilitate the foundation as shown in the detail.
4. CONTRACTOR must take all precautions not to damage the surrounding
landscaping area. Any damages to the landscape will be the responsibility of the
Contractor to replace to existing or better conditions.
5. If CONTRACTOR needs to park in the Swale area, CONTRACTOR shall use
plywood to drive or park to prevent damaging the Swale.
6. In certain locations where MOT is needed, the CONTRACTOR is responsible to
provide the MOT.
7. CONTRACTOR must also take precautions not to damage the curbing around the
sign post.
8. The CITY reserves the right to ask the CONTRACTOR to move the sign post a few
feet if the current location is determined to be too close to traffic.
9. The CONTRACTOR shall employ a sufficient number of trained technicians so
that the work is completed on time as scheduled.
10. All work shall be performed using skilled professionals and shall be executed in
a workmanlike manner in accordance with best standards and practices of the
trade. Any repairs, if required, shall be repaired in kind by skilled professionals of
the trades involved at no additional cost to the CITY.
11. All existing landscape material is designated to remain. Contractor must take pre-
cautions not to damage sod and irrigation in the swale areas and at CITY facilities.
Damaged sod and irrigation systems is the responsibility of the CONTRACTOR
and shall be replaced within 7 calendar days of being notified by the CITY. If
repairs are not completed to the satisfaction of the CITY, then the CITY will
compete repairs and deduct the cost from the contract amount.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 70 of 119
3.10 CONTRACTOR Use of Premises
Use of CITY -owned property during performance of work is limited as follows:
A. CONTRACTOR shall not encroach equipment or crews onto private property during
performance of work duties.
B. CONTRACTOR shall not infringe upon CITY's right to perform its own projects using its
own crews, or to employ separate CONTRACTORS on portions of the Work Area, or to
perform continuing work on portions of the project.
C. Perform all work in daylight hours unless CITY provides written authorization for night
work.
D. Do not work on Sundays or CITY defined holidays without CITY's written permission.
3.11 Protection of Existing Structures and Utilities
A. Unless otherwise provided, CONTRACTOR shall sustain in place and protect from
damage, poles, posts, water or gas mains, sewers or drains, conduits, service pipes,
sidewalks, curbs, sod, landscape, established desirable mitigation vegetation and other
structures or property in the vicinity of the work, whether over or underground.
CONTRACTOR's proposed prices shall include costs of remedial work or reinstatement
due to disturbance of existing services, structures and property made necessary by the
work.
B. CONTRACTOR shall rectify any damage to existing services, structures and property
caused by CONTRACTOR's staff or equipment without compensation.
C. CONTRACTOR shall ensure familiarity with the exact location of utilities and protect
them during work and assume liability for damage to them.
D. Property Damage
1. Observation of property damage prior to the commencement of work, whether
public or private, shall immediately be reported to CITY.
2. Property damage, whether public or private, caused by CONTRACTOR during
the course of the work shall be immediately reported to CITY, and repaired by
CONTRACTOR at the CONTRACTOR'S expense and at no cost to CITY or
property owner.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 71 of 119
3.12 Discovery and Notification
If CONTRACTOR discovers damages, vandalism or theft, CONTRACTOR shall immediately
notify CITY and shall file a police report of the occurrence.
3.13 Clean Up
CONTRACTOR shall be responsible on a daily basis to maintain a clean work site.
CONTRACTOR shall dispose of debris properly.
3.14 Disposal of CONTRACTOR Waste
CONTRACTOR shall be responsible for the disposal of all personal trash and job -related waste
items in a manner meeting all local, state and federal applicable laws, standards, codes and
regulations. This requirement shall be solely the CONTRACTOR's responsibility.
CONTRACTOR is responsible for all cost of disposal and any cleanup costs incurred due to
improper use, handling, or disposal of equipment, materials, and fluids.
3.15 DISPOSAL OF DAMAGE SIGNS AND POSTS
The CONTRACTOR shall deliver damaged posts and signs to CITY's Public Works Services
Center and properly place in the specified dumpsters. At no time shall the CONTRACTOR
overload the dumpster above the fill line
3.16 Special Tools and Training
CONTRACTOR shall provide for all special tools and training needed to efficiently meet the
minimum requirements of this project.
3.17 Efficient Operations
CONTRACTOR may be required by CITY to modify proposed approach for perceived efficiencies
or other general coordination reasons.
3.18 Public Relations
DM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 72 of 119
CONTRACTOR'S positive interaction with CITY residents is essential to the success of this
Agreement. CONTRACTOR shall extend the utmost courtesy to CITY residents at all times.
CONTRACTOR shall make no statements or offer any information concerning CITY activities,
policies and procedures. All resident inquiries shall be directed to CITY.
3.19 Final Cleaning
A. Remove any temporary protection and facilities installed for protection of the work area
or equipment during construction.
B. Comply with regulations of authorities having jurisdiction and safety standards for
cleaning.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO.2019.07 Roadway Traffic Signage Maintenance Services Page 73 of 119
SECTION 4
STANDARDS OF CONTRACTOR
4.1 Intent
CONTRACTOR is an independent CONTRACTOR and the individuals assigned to work for CITY
by CONTRACTOR shall be subject to the approval of CITY and shall not be CITY employees.
CONTRACTOR shall comply with all Federal, State and local laws, rules, practices and
regulations.
4.2 Facilities
CITY reserves the right to inspect CONTRACTOR'S facilities at any reasonable time, during
normal work hours, without prior notice to determine that CONTRACTOR has a bona fide place
of business and is a responsible CONTRACTOR.
4.3 Identification
CONTRACTOR will not use or create any badge containing CITY'S name, seal, logo, or any other
reference thereof for identification. CONTRACTOR shall use only a CITY issued identification
badge.
4.4 Experience
CONTRACTOR shall have a minimum of five (5) years of experience with the fabrication,
installation and repair of roadway traffic signage. PROPOSERS shall have been in continuous
operation for a minimum of the past five (5) years from the date that the RFP is issued and shall
have a resident branch office in Monroe, Miami -Dade, Broward or Palm Beach County, Florida.
PROPOSER shall be fully licensed with all required Federal, State, and Local government
licenses/permits.
4.5 Relationship Contact
CONTRACTOR shall maintain at a minimum one relationship contact for this contract who will
respond to specific CITY requests, twenty-four hours a day, seven days a week, including all
public holidays. The relationship contact shall be available by cellular telephone and shall be
expected to visit the work site as requested by CITY. The relationship contact shall be able to
manage all facets of the contract. The relationship contact must be fluent in English and have
excellent communication skills and be capable of directing all regular maintenance and
additional services and coordinating these with CITY. The relationship contacts shall use his/her
experience and training to prevent, detect and control adverse conditions by physically inspecting
the work area regularly.
OM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 74 of 119
4.6 Subcontracting Work
A. Award of Subcontracts and other contracts for Portions of Work must be preapproved by
the CITY. As part of this Agreement, CONTRACTOR shall furnish in writing to CITY the
names of persons or entities proposed for each principal portion of the work. In addition,
CONTRACTOR shall not change subcontractors performing any portion of the work
required by this Agreement without prior written approval by CITY.
CONTRACTOR shall be responsible and liable to CITY for all work performed by the
Subcontractors or their employees, agents or CONTRACTORS, pursuant to this
Agreement.
B. Sub -Contractual Relations: By listing the names of each as set forth in Exhibit "C", attached
hereto and made a part hereof, CONTRACTOR shall require each subcontractor, to extent
the work to be performed by the subcontractor, to be bound to CONTRACTOR by terms
of the Agreement, and to assume toward CONTRACTOR all the obligations and
responsibilities which CONTRACTOR, by this Agreement, assumes toward CITY. Each
sub -contract agreement, between CONTRACTOR and a subcontractor, shall preserve and
protect the rights of CITY under the Agreement with respect to the work to be performed
by the subcontractor so that subcontracting thereof shall not prejudice the rights, and shall
allow the subcontractor, unless specifically provided otherwise in the sub -contract
agreement, the benefit of all rights, remedies and redress against CONTRACTOR that
CONTRACTOR, by the Agreement, has against CITY.
C. Where appropriate, CONTRACTOR shall require each subcontractor to enter into similar
agreements with the subcontractors. CONTRACTOR shall make available to each
proposed subcontractor, prior to the execution of the sub -contract agreement, copies of
the Agreement to which the subcontractor shall be bound, and upon written request of
the subcontractor, identify to the subcontractor terms and conditions of the proposed sub-
contract agreement which may be at variance with the Agreement. Subcontractors shall
similarly make copies of applicable portions of such documents available to their
respective proposed subcontractors.
4.7 Drug -Free Workplace
CONTRACTOR shall have implemented and maintain a drug -free workplace program, in
accordance with Section 287.087, Florida Statutes.
4.8 Transition Plan
CONTRACTOR shall provide a detailed description of how services will be transitioned under
CITY'S current Agreement to CONTRACTOR. CONTRACTOR is responsible for minimizing any
negative impacts to CITY by ensuring a smooth and orderly transition of service.
Prior to the termination of this Agreement, CONTRACTOR shall use its best efforts to ensure a
smooth and orderly transition of service.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 75 of 119
4.9 Adherence to CITY Policy
CONTRACTOR assigned to handle the Roadway Traffic Signage Maintenance Services for the
CITY shall adhere to all CITY policies, procedures and protocols.
4.10 Disclosure of Relationships
CONTRACTOR agrees to give CITY written notice of any Relationship, as defined herein, that
CONTRACTOR enters into with CITY or any of its districts, its elected or appointed officials, its
employees or agents, during the period of this Agreement.
A "Relationship" for the purpose of this Section shall include but not be limited to
employer/employee, consultant, CONTRACTOR, sub -contractor, associate, officer, partnership,
joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift
donor/recipient in excess of $100.00, past or on -going personal relationships, or joint
involvement with charitable/voluntary activities.
4.11 Repairs
CONTRACTOR shall obtain all permits and pay all required fees to any regulatory agency having
jurisdiction over any work required to repair or replace damages caused by the CONTRACTOR.
Upon completion of the repair work, evidence satisfactory to CITY shall be furnished to show
that all work has been performed in accordance with the applicable ordinances and code
requirements.
4.12 Compliance with Code of Federal Regulations And Federal Standards
All services purchased under this agreement shall be in accordance with the Title 2 Code of
Federal Regulations (CFR), Part 200 for Uniform Administrative Requirements, Cost Principle and
Audit Requirements for Federal Awards. In addition, CONTRACTOR shall adhere to all
applicable governmental standards, including, but not limited to those issued by the Occupation
Safety and Health Administration (OSHA), the National Institute of Safety Hazards (NIOSH), and
the National Fire Protection Association (NFPA). It shall be the responsibility of the
CONTRACTOR to be regularly informed to conform to any changes in standards issued by any
regulatory agencies that govern the commodities or services applicable to this agreement. A
complete copy of the CFR may be obtained by visiting the following website:
https://www.ecfr.gov/cgi-bin/text-idx?tpl =/ecfrbrowse/Title02/2cfr200 main 02.tpl
A. CONTRACTOR shall assist in ensuring that the CITY is in compliance with Federal
Emergency Management Agency's (FEMA) reimbursement requirements, as set forth in
the CFR, §200.318, General Procurement Standards.
B. Pursuant to 2 C.F.R. Part 200.321, if subcontractors are utilized, the CONTRACTOR shall
take all necessary affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible. Affirmative steps must
include:
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 76 of 119
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development
Agency of the Department of Commerce or similar State and County agencies.
CONTRACTOR may use the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce. Websites and contact
information can be found at https://www.sba.gov/ and https://www.mbda.gov/.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 77 of 119
SECTION 5
STANDARDS OF LABOR AND MATERIALS
5.1 Labor
CONTRACTOR shall provide a sufficient number of supervised staff to complete the duties stated
within the Agreement.
CONTRACTOR shall at all times enforce strict discipline and good order among
CONTRACTOR'S employees/independent contractors and shall not employ on the work site an
unfit person or anyone not skilled in the work assigned to him. Subcontractors, employees or
independent contractors of CONTRACTOR whose work is unsatisfactory to CITY or who are
considered by CITY'S representatives as careless, incompetent, unskilled or disorderly or who
use threatening or abusive language to any person shall be dismissed from work upon notice
from CITY and shall not be employed to perform the work under this Agreement thereafter. No
liquor, alcoholic beverages, smoking or drugs shall be allowed on the site of the work.
A. Lead Technician: CONTRACTOR shall maintain a Lead Technician within the area at
during times of work. The Lead Technician shall be fluent in English and shall have
excellent communication skills and be capable of directing all work requested by the
CITY.
B. Employee/Independent Contractor or Subcontractor Performance: CONTRACTOR shall
employ (or contract with) personnel competent to perform the work specified herein.
CITY reserves the right to request the removal of a CONTRACTOR'S
employee/independent contractor or subcontractor from performing maintenance on the
CITY'S property where such employee's/independent contractor's or subcontractor's
performance or actions, are obviously detrimental to CITY.
C. Uniforms: CONTRACTOR shall provide all employees with color coordinated uniforms
that shall meet CITY'S public image requirements and be maintained by CONTRACTOR
so that all personnel are neat, clean and professional in appearance at all times. Non-
uniform clothing shall not be permitted.
D. For emergency response: The CONTRACTOR shall provide a primary point of contacts(s)
available on a twenty-four (24) hour basis, seven days per week. The CONTRACTOR
must be able to have equipment and personnel mobilized and ready to work within 4
hours of notification of an incident.
5.2 Equipment
A. Vehicles: CONTRACTOR shall keep all vehicles in good repair, free from leaking fluids,
properly registered, of uniform color and shall bear the company name on each side in
not less than 1 Y2" letters.
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B. Equipment Safety: CONTRACTOR shall keep all equipment in an efficient and safe
operating condition while performing work under this Agreement. Equipment shall have
proper safety devices maintained at all times while in use. If equipment does not contain
proper safety devices and/or is being operated in an unsafe manner, the CITY may direct
CONTRACTOR to remove such equipment and/or the operator until the deficiency is
corrected to the satisfaction of the CITY. CONTRACTOR shall be responsible and liable
for injury to persons and property caused by the operation of the equipment.
C. Storage: CITY shall not provide facilities at which CONTRACTOR may store equipment.
CONTRACTOR shall be responsible for mobilization and setup, and demobilization and
breakdown, each day.
D. Disposal of Signs: The CONTRACTOR shall be allowed to dispose of CITY owned
damaged signs in the CITY maintained roll -off container located at the Public Works
Services Center.
E. Utility Locates: The CONTRACTOR shall be responsible for coordinating utility location
in accordance with Florida law.
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SECTION 6
STANDARDS OF INSURANCE
6.1 Insurance
A. The policies of insurance shall be placed with insurance carriers authorized to do business
by the Insurance Department of the State of Florida, and meet a minimum financial rating
by AM Best Company of no less than "A Excellent: FSC VII"; and,
B. CITY shall be named as additional insured on all policies except worker's compensation
and professional liability; and,
C. The additional insured status for CITY for general liability and for completed operations
shall be maintained for this Agreement for five years following the completion of all
services, pursuant to this Agreement or no more restrictive than the Insurance Services
office (ISO) form CG 2037 (07 04).
D. Any person, organization, vehicle, equipment, or other person or property fulfilling this
Agreement is bound by these insurance requirements.
E. Any changes to these specifications shall be at the sole and exclusive discretion of CITY.
F. CITY retains the right to review, at any time, policies, coverage, applicable
forms/endorsements, and amounts of insurance.
G. CONTRACTOR is responsible for repairing or replacing any damage to structures unless
otherwise addressed within this Agreement.
H. insurance shall not be suspended, voided or canceled except after 30 calendar days prior
written notice by certified mail, return receipt requested, has been given to CITY, except
the cancellation notice period for non-payment of premiums shall be 10 days.
I. Certificates of Insurance evidencing conditions to this Agreement are to be furnished to
City of Weston, 17200 Royal Palm Boulevard, Weston, FL 33326.
J. Notices of Accidents (occurrences) and Notices of Claims associated with work being
performed under this Agreement shall be provided to CONTRACTOR's insurance
company and CITY as soon as practicable after notice to the insured.
K. CONTRACTOR agrees by entering into this written Agreement that the insurance policies
provided will include a Waiver of Subrogation in favor of CITY. CONTRACTOR'S
insurance shall be Primary and non-contributory.
L. CONTRACTOR is responsible for any costs or expenses below deductibles, self -insured
retentions, coverage exclusions or limitations, or coinsurance penalties.
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6.2 Specific Coverage
A. Workers Compensation: CONTRACTOR shall provide statutory workers' compensation,
and employer's liability insurance with limits of not less than $1,000,000 per employee
per accident, $1,000,000 disease aggregate and $1,000,000 per employee per disease
for all personnel on the worksite. If applicable, coverage for the )ones Act and United
States Longshoremen and Harborworkers exposures must also be included. Elective
exemptions shall NOT satisfy this requirement. Certificates evidencing an employee
leasing company as employer shall not be accepted). In the event CONTRACTOR has
"leased" employees, CONTRACTOR must provide a workers' compensation policy for
all personnel on the worksite. All documentation must be provided for review and
approval by CITY.
CONTRACTOR is responsible for the Workers' Compensation of any and all
subcontractors, including leased employees, used by CONTRACTOR. Evidence of
workers' compensation insurance coverage for all subcontractors, including leased
employees, must be submitted prior to any work being performed.
B. Commercial General Liability: CONTRACTOR shall provide evidence of commercial
general liability on an occurrence Form no more restrictive than ISO form CG 2010, and
including but not limited to bodily injury, property damage, contractual liability, products
and completed operations (without limitation), and personal and advertising injury
liability with limits of not less than $1,000,000 each occurrence, and $2,000,000 in
aggregate, covering all work performed under this Agreement.
C. Business Automobile Liability: CONTRACTOR shall provide evidence of business
automobile liability on a standard ISO form, and including per occurrence limits of not
less than $1,000,000 covering all work performed under this Agreement. Coverage shall
include liability for owned, non -owned & hired automobiles. If private passenger
automobiles are used in the business, they shall be commercially insured.
D. Umbrella or Excess Liability: Umbrella polices are acceptable to provide the total required
general liability, automobile liability, and employers' liability limits. Umbrella policies
shall also name CITY as additional insured and coverage shall be provided on a "Follow
Form" basis.
E. Subcontractors: Insurance requirements itemized in this contract and required of
CONTRACTOR shall be provided on behalf of all subcontractors to cover their operations
performed under this Agreement. CONTRACTOR shall be held responsible for any
modifications, deviations, or omissions in these insurance requirements as they apply to
subcontractors.
F. Pollution Liability: For sudden and gradual occurrences or claims made and in an amount
no less than $1,000,000 per claim and $3,000,000 in the aggregate arising out of work
performed under this Agreement, including but not limited to, all hazardous materials
identified under the Agreement.
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G. Professional Liability: CONTRACTOR shall obtain, at CONTRACTOR's expense, and
keep in effect during the term of this contract, Professional Liability Insurance covering
any damages caused by an error, omission or any negligent acts. Combined single limit
per occurrence shall not be less than $2,000,000.
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SECTION 7
STANDARDS OF PERFORMANCE & PAYMENT SECURITY
7.1 Security Requirements
A. Within fourteen days of the Notice of Award by City Commission, CONTRACTOR shall
furnish to CITY performance & payment security in an amount equal to $100,000.00 or
100% of the total annual cost whichever is greater as security for the faithful performance
of Agreement and for the payment of all persons performing labor and/or furnishing
materials in connection with the Agreement. Bond shall be submitted on Exhibit E
provided in the Agreement. The condition of this obligation is such that, if
CONTRACTOR shall promptly and faithfully perform the Agreement, make payments to
all claimants for all labor and material used or reasonably required for use in the
performance of the Agreement, and shall fully indemnify and save harmless CITY and its
agents and/or service provider for all costs and damages that may be suffered by reason
of failure to do so, then this obligation shall be null and void; otherwise it shall remain in
full force and effect.
B. The performance & payment security shall be in the form of a cashier's check payable to
"City of Weston" and drawn on a bank, authorized to do business in the State of Florida,
or a surety bond issued by a surety company meeting the qualifications stated in this
Section. A copy of the cashier's check or surety bond shall be attached as Exhibit E.
C. The surety company issuing the surety bond shall fulfill each of the following provisions,
and CONTRACTOR shall provide evidence to document such fulfillment:
1. The surety company is licensed to do business in the State of Florida.
2. The surety company holds a valid certificate of authority, authorizing it to write
surety bonds in the State of Florida.
3. The surety company has twice the minimum surplus and capital required by the
Florida insurance Code at the time the Agreement is executed.
4. The surety company is otherwise in compliance with the provisions of the Florida
Insurance Code.
5. The surety company holds a valid certificate of authority issued by the United
States Department of the Treasury under 31 U.S.C. § 9304-9308.
6. The bond shall contain all provisions required by § 255.05, Florida Statutes, as
may be amended from time to time.
7. The bond shall be issued by a Florida resident agent.
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SECTION 7
STANDARDS OF PERFORMANCE & PAYMENT SECURITY
CONTINUED
8. A surety bond shall be executed by a surety company of recognized standing
having been in business with a record of successful continuous operation for at
least five years.
9. The surety company shall meet a minimum financial rating by AM Best Company
of no less than "A- Excellent: FSC VII" and shall have at least a minimum
policyholders rating of A- Class VII or higher. In the event that the surety
company's rating shall drop, the surety company shall immediately notify CITY.
10. All surety companies are subject to review and approval by CITY and may be
rejected without cause. All bonds signed by an agency shall be accompanied by
a certificate of authority to act.
D. Duration of Security: Performance & payment security shall remain in force until
expiration. If the Agreement is terminated, they shall remain in force for one year from
the date of termination of this Agreement as protection to CITY against losses resulting
from improper performance of work under the Agreement that may appear or be
discovered during that period.
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SECTION 8
GENERAL CONDITIONS
8.1 Notice to Commence
No work shall commence until the Notice of Commencement is issued by CITY.
8.2 Exemption Prohibition
CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting any
provisions of this Agreement.
8.3 Failure to Comply with Provisions
CONTRACTOR agrees and acknowledges that CONTRACTOR'S failure to comply with any
provisions in this Agreement, including but not limited to failing to accurately complete any or
all attached forms and exhibits, may constitute a breach of this Agreement, and may result in
termination of this Agreement.
8.4 Additional Services
If it should become necessary for CITY to request CONTRACTOR to render any additional
services to either supplement the services described in the Agreement or to perform additional
work, such additional work shall be performed only if set forth in an amendment to this
Agreement. Any such additional work shall be by mutual agreement of both parties, negotiated
as to price, and approved by action of City Commission.
8.5 Compensation
A. The amount of compensation payable by CITY to CONTRACTOR shall be based upon
the prices as set forth in Exhibit B, attached hereto and made a part hereof, which amount
shall be accepted by CONTRACTOR as full compensation for all 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 Agreement.
B. CONTRACTOR may submit an invoice for compensation, developed and agreed upon
by 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 previously. Each statement shall
show the proportion of the guaranteed maximum payment that has been expended
through previous billings.
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C. Notwithstanding any provision of this Agreement to the contrary, the City Manager may
withhold, in whole or in part, payment to the extent necessary to protect CITY from loss
on account of inadequate or defective work which has not been remedied or resolved in
a manner satisfactory to the City Manager. The amount withheld shall not be subject to
payment of interest by CITY.
D. Payment shall be made to CONTRACTOR in accordance with the local government
prompt payment act as stipulated in part VII of Chapter 218, Florida Statutes, by check,
electronic funds transfer (EFT), a -pay or p-card, or other method as determined by CITY
in its sole discretion.
E. Beginning on October 1, 2020 and each October 151 thereafter, CONTRACTOR shall
receive an annual adjustment in the rates that are part of the total Collection element of
rates established in the Rate Structure provided in Exhibit B. The adjustment to the
Collection element of costs in Exhibit B shall be based on the annual change in the April
Consumer Price Index - All Urban Consumers, Not Seasonally Adjusted, All Items, Miami -
Fort Lauderdale -West Palm Beach Area, 1982-84=100, Series ID: CUURS35BSA0,
CUUSS35BSAO (the "CPI"), except that the annual adjustment to the costs shall not
exceed 5% (increase or decrease). The CPI is available from the United States Department
of Labor, Bureau of Labor Statistics. The parties acknowledge that fuel costs are reflected
in the above referenced CPI, and therefore there shall be no additional fuel costs
adjustments.
8.6 Taxes
CONTRACTOR shall not be entitled to CITY'S tax-exempt benefits.
8.7 Verbal Agreements
A. No verbal agreement or conversation with any officer, agent, or employee of the CITY,
either before or after execution of the Agreement, shall affect or modify any of the terms
or obligations contained in the Agreement. Any such verbal agreement or conversation
shall be considered as unofficial information and in no way binding upon CITY or
CONTRACTOR.
B. The terms, conditions, and pricing of the Agreement can only be altered with an
amendment to the Agreement by action of City Commission.
8.8 No Contingency Fees
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.
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8.9 Assignment; Non -transferability of Agreement
A. The Agreement shall not be assigned or transferred. if CONTRACTOR is, or may be,
purchased by or merged with any other corporate entity during the Agreement, the
Agreement may be terminated as a result of such transaction. The City Manager shall
determine whether an Agreement is to be terminated in such instances.
B. If, at any time during the Agreement, filings, notices or like documents are submitted to
any regulatory agency concerning the potential acquisition of CONTRACTOR, or the sale
of a controlling interest in CONTRACTOR, or any similar transaction, CONTRACTOR
shall immediately disclose such information to CITY. Failure to do so may result in the
Agreement being terminated, at CITY'S sole discretion.
8.10 Compliance with Applicable Laws
CONTRACTORS are required to comply with all provisions of federal, state, county and local
laws, ordinances, rules and regulations that are applicable to the services being provided in this
Agreement. Lack of knowledge of CONTRACTOR shall in no way be a cause for relief from
responsibility or constitute a cognizable defense against the legal effects thereof.
8.11 Familiarity with Laws and Ordinances
CONTRACTOR is familiar with all federal, state and local laws, ordinances, rules and regulations
which affect those engaged or employed in the provision of such services, or equipment used in
the provision of such services, or which in any way affects the conduct of the provision of such
services; and no plea of misunderstanding will be considered on account of ignorance thereof. If
CONTRACTOR discovers any provisions in the Agreement that are contrary to or inconsistent
with any law, ordinance, or regulation, it shall report the issue to CITY in writing without delay.
8.12 Advertising
CONTRACTOR agrees not to use this Agreement as a part of any advertising or CONTRACTOR
sponsored publicity without the express written approval of City Manager or designee.
8.13 Indemnification
A. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney
selected by CITY, to defend CITY and any of its 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.
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B. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney
selected by CITY, to defend CITY and any of its 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.
C. CONTRACTOR shall indemnify CITY and any of its 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 Agreement.
CONTRACTOR shall defend and/or settle at its own expense any action brought against
CITY, any of its 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
Agreement, 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.
D. CONTRACTOR acknowledges that specific consideration has been paid or shall 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.
E. The provisions of this section shall survive the expiration or earlier termination of this
Agreement. To the extent considered necessary by City Manager and City Attorney, any
sums due to 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.
8.14 Miscellaneous
A. Ownership of Documents: Unless otherwise provided by law, any and all reports,
surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of CITY. Any compensation due to
CONTRACTOR shall be withheld until all documents are received as provided herein.
B. Audit and inspection Rights, Retention of Records:
1. 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.
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2. 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. Such records and accounts shall
be kept after completion of the work provided for in this Agreement, for at a
minimum, the retention period required by the Florida Public Records Act
(Chapter 119, Florida Statutes) and by item 340, Disbursement Records: Detail,
of the State of Florida General Records Schedule GS1-SL for State and Local
Government Agencies, as may be promulgated from time to time. Such books and
records shall be available at all reasonable times for examination and audit by
CITY.
3. Such retention of such records and documents shall be at CONTRACTOR'S
expense.
4. If any audit has been initiated and audit findings have not been resolved at the
end of the retention period, 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.
S. CONTRACTOR shall respond to the reasonable inquiries of successor
CONTRACTORS and allow successor CONTRACTORS to receive working papers
relating to matters of continuing significance.
6. CONTRACTOR shall provide a complete copy of all working papers to CITY,
prior to final payment by CITY, in accordance with the Agreement for
CONTRACTOR'S services.
C. Public Records: CONTRACTOR shall comply with The Florida Public Records Act as
follows:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the service.
2. Upon request by the CITY's records custodian, provide the CITY 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 Chapter 119,
Florida Statutes, or as otherwise provided by law.
3. 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 Agreement term.
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4. Upon completion of the Agreement or in the event of termination of the
Agreement by either parry, any and all public records relating to the Agreement
in the possession of CONTRACTOR shall be delivered by CONTRACTOR to
CITY, at no cost to CITY, within seven (7) days. All records stored electronically
by CONTRACTOR shall be delivered to the CITY in a format that is compatible
with the CITY's information technology systems. Once the public records have
been delivered to the CITY upon completion or termination of this Agreement,
CONTRACTOR shall destroy any and all duplicate public records that are exempt
or confidential and exempt from public record disclosure requirements.
5. CONTRACTOR'S failure or refusal to comply with the provisions of this Section
shall result in the immediate termination of this Agreement by the CITY.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 954-385-2000,
pbates@westonfl.org OR BY MAIL: City of Weston — Office of
City Clerk, 17200 Royal Palm Boulevard, Weston, FL 33326.
D. 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.
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E. 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, CONTRACTOR 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 an contract 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.
F. 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.
G. Notices: Whenever either party desires to give notice to the other, such notice shall 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/CEO
City of Weston
17200 Royal Palm Boulevard
Weston, FL 33326
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J. 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 days after the finding
by the court becomes final.
K. 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 express 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.
L. Priority of Provisions: If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any form and 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 Sections 1 through 8 of this Agreement shall
prevail and be given effect.
M. Applicable Law and Venue: Attorney's Fees and Costs: This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State 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 any action to
enforce this Agreement shall be in Broward County, Florida. The parties expressly waive
all rights to trial by jury for any disputes arising from or in any way connected with this
Agreement. The parties understand and agree that this waiver is a material Agreement
term. This Agreement is not subject to arbitration. If any 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.
N. 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.
O. Prior Agreements: This Agreement and its attachments constitute the entire agreement
between CONTRACTOR and CITY, and this document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable
to the matters contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject 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 Section7.17 (N.) Amendments above.
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With a copy to:
Jamie Alan Cole, Esq.
City Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
200 East Broward Boulevard, Suite 1900
Fort Lauderdale, FL 33301
CONTRACTOR:
H. 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.
1. 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.
2. In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written Agreement, from having any conflicts within the
meaning of this section.
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.
DM## 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 92 of 119
P. Incorporation by Reference: The truth and accuracy of each "Whereas" clause set forth
above is acknowledged by the parties. The attached Forms and Exhibits are incorporated
hereto and made a part of this Agreement.
Q. Multiple Originals: This Agreement may be fully executed in five (5) copies by all parties
each of which, bearing original signatures, shall have the force and effect of an original
document.
R. Headings: Headings are for convenience of reference only and shall not be considered in
any interpretation of this Agreement.
S. Binding Authority: Each person signing this Agreement on behalf of either party
individually warrants that he or she has 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.
T. 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.
U. 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
factual unit costs supporting the compensation of this Agreement are accurate, complete,
and current at the time of contracting.
V. Non -Appropriation of Funds: In the event no funds or insufficient funds are appropriated
and budgeted or are otherwise unavailable in any fiscal year for payments due under this
Agreement, then CITY, upon written notice to CONTRACTOR of such occurrence, shall
have the unqualified right to terminate this Agreement without any penalty or expense to
CITY.
W. Default: In the event of a default by CONTRACTOR, CONTRACTOR shall be liable for
all damages resulting from the default. CITY may take advantage of each and every
remedy specifically existing at law or in equity. Each and every remedy shall be in
addition to every other remedy specifically given or otherwise existing and may be
exercised from time to time as often and in such order as may be deemed expedient by
CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed
to be a waiver of the right to exercise any other remedy. CITY's rights and remedies as set
forth in this Agreement are not exclusive and are in addition to any other rights and
remedies available to CITY in law or in equity.
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 94 of 119
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 95 of 119
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07
TRACE DEVELOPMENT
FOR
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 , 2019;
and authorized to execute same.
ATTEST:
Patricia A. Bates, MMC, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of Weston only:
By:
Jamie Alan Cole, City Attorney
day of , 2019
CITY OF WESTON, through its City Commission
By:
By:
Daniel J. Stermer, Mayor
day of , 2019
John R. Flint, City Manager /CEO
day of , 2019
(CITY SEAL)
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 97 of 119
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07
TRACE DEVELOPMENT
FOR
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 , 2019;
and authorized to execute same.
ATTEST:
Patricia A. Bates, MMC, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of Weston only:
By:
Jamie Alan Cole, City Attorney
day of , 2019
INDIAN TRACE DEVELOPMENT DISTRICT
93
By:
Daniel J. Stermer, Mayor
day of , 2019
John R. Flint, City Manager /CEO
day of , 2019
(CITY SEAL)
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 98 of 119
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA, INDIAN
DISTRICT, BONAVENTURE DEVELOPMENT DISTRICT, AND
ROADWAY TRAFFIC SIGNAGE MAINTENANCE SERVICES RFP NO. 2019-07
TRACE DEVELOPMENT
FOR
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 , 2019;
and authorized to execute same.
ATTEST:
Patricia A. Bates, MMC, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of Weston only:
By:
Jamie Alan Cole, City Attorney
day of , 2019
BONAVENTURE DEVELOPMENT DISTRICT
By:
By:
Daniel J. Stermer, Mayor
day of , 2019
John R. Flint, City Manager /CEO
day of , 2019
(CITY SEAL)
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 99 of 119
SECTION 10
EXHIBITS FORMS
The exhibits located in this section of the Agreement shall be submitted by the successful
PROPOSER/CONTRACTOR after the award of the Agreement (at the time specified herein).
[THIS SPACE INTENTIONALLY LEFT BLANK]
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 101 of 119
EXHIBIT A
CERTIFICATE OF INSURANCE
ATTACH CERTIFICATE OF INSURANCE
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 102 of 119
EXHIBIT B
FEE SCHEDULE
CONTRACTOR offers the following fee for providing all labor, materials, maintenance of traffic and
equipment to perform Traffic Signage Maintenance Services in accordance with the Scope of Work and
terms of the Agreement. The quantities below are annual estimates ONLY and not a guaranteed amount.
-Item
.
: Descrtphon
Umt
Este ted
uanti y
. Price .
Total
Manufacture and installation of Primary Sign
Type A Post per details shown Figure 3.4-A:
Al
14'-2" height with two street name signs
each
20
perpendicular with blades & backing plate for
35 MPH. Does NOT include regulatory signs
shown.
Manufacture and installation of Primary Sign
Type A-1 Post per details shown Figure 3.4-A-
A2
1 :12'-0" height with two street name signs
each
20
perpendicular with blades & backing plate for
35 MPH. Does NOT include regulatory signs
shown.
Manufacture and installation of Sign Type B
A3
Post per details shown Figure 3.4-B: 12'-0"
each
20
Post as shown with two street name signs
perpendicular all with backing late.
Additional Cost over Item 1 or 2 for street
each
A4
name signs for specified for roads 40MPH or
40
greater. See detail in Figure 3.4-A.
Manufacture and installation of Sign Type C
A5
Post per details shown Figure 3.4-0 12'-0"
each
100
Post as shown. Does NOT include regulatory
signs shown.
Manufacture and installation of Sign Type D
A6
Posts per details shown Figure 3.4-D: Includes
each
40
Double Posts 9'-6" high as shown. Does NOT
include signs shown.
Manufacture and installation of Sign Type E
Post per details shown Figure 3.4-E: 12'-0"
each
A7
Post as shown. 5"x5" Plain 12'-0" High Post
100
(No mid -height collars, No "W"). Does NOT
include regulatory signs shown.
Manufacture and installation of Sign Type F
Post per details shown Figure 3.4-F: 12'-0"
each
A8
Post as shown. 4"x4" Plain 12'-0" High Post
40
(No collars for entire post, No "W", no outer
base). Does NOT include regulatory signs
Labor and equipment cost for removal of
damaged sign blade and backing plate only,
each
A9
any size, prior to installation of new sign blade
100
and backing plate on existing post(s). ANY
SIZE. Minimum work order 10 locations.
DM## 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 103 of 119
Item
Descriptron
Unit
:..,Quantity
Estimated
Unit Price':
Total
Labor and equipment cost for the removal of a
sign blade and labor (only) to replace of new
sign in its place, on an existing post(s). The
each
A10
rate applies to any size sign (up to a maximum
200
of 70"x30".) DO NOT INCLUDE material cost
for new sign blade. Minimum work order 10
locations.
Vertical re -alignment of (re -plumb) Single
each
Al 1
5"x5" (or smaller) post per location. Minimum
50
work order 10 locations.
Vertical re -alignment of (re -plumb) Double
each
Al2
5°x5" posts post per location. Minimum work
20
order 10 locations.
Removal of knocked down sign post and
A13
return to Public Services Center per instance
each
100
(for Double post signs rate shall be 1.5 times
Al3)
Install temporary signage with temporary post
A14
per BCETD requirements within CITY
each
40
response requirements
On -site welding of existing dislodged collars
to posts per side of post. CONTRACTOR to
A15
utilize existing aluminum angle collar
each
200
supplied by CONTRACTOR. Minimum work
order amount 10 posts locations.
On -site welding of dislodged collars to posts
A16
per side. CONTRACTOR to supply matching
Each
200
aluminum angle collar. Minimum work order
amount 10 post locations.
Supply and install "W" on existing posts on-
A17
site in the ROW and CITY facilities. Minimum
Each
200
work order amount 10 post locations.
Hourly rate labor rate for Sign Installation Two
A18
Person crew. Includes transportation and tools
hour
50
for installation of miscellaneous signs. DOES
NOT INCLUDE SIGN MATERIALS.
Inspection and field documentation of signs
for damage per sign post location in with
A19
accordance Section 3.6, Sign Inspections.
Each
400
Minimum work order amount of 100 sign post
locations.
Remove old existing sign blade and install
A20
new 24"X24" Weston AM Radio Sign Blades
Each
20
on existing sign post and existing back plate
on site.
Remove old existing sign blade and install
A21
new 51-1 School Advanced Warning (3606)
Each
20
on existing sign post and existing back plate
on site
DMN 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 104 of 119
Item
Des�r�pt
Unit,:.Quantity.'
Estimated,``
` .
- -
Remove old existing sign blade and install
A22
new S2-1 School Crossing (2400) on existing
Each
20
sign post and existing back plate on site
A23
Subtotal (Items Al thru A22):
INSTALLATION .0F SIGN BLADE-WITH.BACK PLATE
Manufacture and installation of sign blades and backing plates per the drawing and written requirements for
B
the following type and size of signs. The sizes below refer to the sign blades, the back plates dimensions
shall be larger and sized accordingly pursuant to the RFP requirements:
Guide Signs
B1
D1-1 Single Destination (4208)
Each
1
B2
D1-2 Dual Destination (5400)
Each
1
B3
D11-1 Bike Route (30x24)
Each
10
D3-2 Advance Street Name (aka Next
B4
Intersection Ahead) Signs - 70" X 30". D3-
Each
40
2 signs of different dimensions will be
adjusted pro rata by the square foot).
B5
D9-2 Hospital (24x24)
Each
5
B6
NI1-1 Interstate Route Guide Sign (2424)
Each
5
B7
M3- Series Cardinal Directional Signs
Each
5
(24x12)
B8
M4-11 Bike Route Supplemental Plaque
Each
1
(24x8)
B9
M6-1a Diagonal Arrow Auxiliary (21x15)
Each
5
B10
M6-3a Directional Arrow Auxiliary
Each
1
(21 x15)
School
Signs
B11
FTP-30-06 School Days Time (18x18)
Each
5
B12
FTP-30-06 School Speed Limit (1804)
Each
5
B13
FTP-85-06 Official Use Only 02x18)
Each
2
B14
S1-1 School Advanced Warning (3606)
Each
4
B15
S2-1 School Crossing (2400)
Each
4
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 105 of 119
Item
.
.Descrip#�on
Unit
Estimated
Q..0an tity
Uin it Price
Toal
S4-1 Time to Time Am Time to Time PM
Each
4
B16
(24x48)
B 17
54-3 School (2400)
Each
4
S5-1 School Speed Limit XX When
Each
B18
Flashing (24x48)
4
B 19
S5-2 End School Zone (2400)
Each
4
Re ulatory Signs
B20
OM-1 Object Marker (12x12)
Each
20
B21
R1-1 Stop (3000)
Each
40
B22
R1-2 Yield (36x36x36)
Each
5
B23
R1-3 4-way (12x6)
Each
4
B24
R1-4 All Way (18x6)
Each
4
B25
R10-13 Emergency Signal (36x24)
Each
4
B26
R10-20A Mon -Fri and Times (2400)
Each
2
B27
R10-7 Do Not Block Intersection
Each
4
B28
R2-1 Speed Limit (24x24)
Each
20
B29
113-1 No Right Turn (24x24)
Each
4
B30
R3-17 Bike Lane (3004)
Each
40
R3-17A Bike Lane Supplemental Plaques
Each
B31
(30x12)
20
B32
R3-2 No Leh Turn (24x24)
Each
4
B33
R3-3 No Turns (24x24)
Each
4
B34
R34 No U-Turn (24x24)
Each
10
B35
R3-5 Mandatory Lane Control (3006)
Each
4
B36
R3-5U U-Turn Only (3006)
Each
4
DMi# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 106 of 119
em :.
Description
Unit
Estimated
Q ii antity
Unit Price
Totaf
R3-7 Mandatory Movement Lane Control
Each
637
(30x30)
2
838
R3-9B Two Way Left Turn Only (2406)
Each
1
B39
R44 Begin Right Turn Lane Yield to Bikes
Each
4
(36x30)
B40
R4-7 Keep Right 1 (2400)
Each
20
B41
R4-7A Keep Right 2 (2400)
Each
2
B42
R5-1 Do Not Enter (2400)
Each
4
B43
115-1 A Wrong Way (3000)
Each
2
B44
R6-1 One Way (3000)
Each
4
B45
R7-1 No Stopping (12x18)
Each
4
B46
R7-4 No Standing (12x18)
Each
2
B47
R7-7 No Parking 0 2x18)
Each
4
B48
R8-3 No Parking Generic (2400)
Each
4
B49
W1-1 Turn (24x24)
Each
4
B50
W1-2 Curve (24x24)
Each
1
B51
W1-7 Large Arrow (Two Directions)
Each
1
(48x24)
B52
W 11-1 Bicycle (24x24)
Each
4
B53
W11-11 Golf Cart (3000)
Each
2
B54
W11-12P Emergency Signal Ahead (30x30)
Each
2
B55
W11-2 Pedestrian (30x30)
Each
3
B56
W11-8 Emergency Vehicle (3000)
Each
4
B57
W14-1 Dead End (3000)
Each
2
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 107 of 119
Item
Description
Unit
bthhafiA
Unrt Price
Total -
.:..:.
._._....: ... ...... .. .:...
, ,,Quantity .
,
B58
W14-2 No Outlet (3000)
Each
2
B59
W16-2a Distance Ahead (24x12)
Each
1
B60
W16-5P Advanced Arrow (24x18)
Each
4
B61
W16-6P Directional Arrow (24x18)
Each
4
B62
W16-7P Diagonal Arrow (24x12)
Each
4
B63
W16-9P Ahead (24x12)
Each
4
B64
W3-1 Stop Ahead (3606)
Each
2
B65
W3-2 Yield Ahead (3606)
Each
2
B66
W4-1 Merge (3606)
Each
2
B67
W4-2 Lane Ends (3606)
Each
1
B68
W9-1 Right Lane Ends (3000)
Each
1
B69
W9-2 Lane Ends Merge Left (3000)
Each
2
Subtotal (Items B1 thru B69):
$
B70
% Markup
Total
W or
a Annual Est X 0 +l-
Item
Description of Task
Annual Estimate
Discount ( )
E.g. for 12% markup
(Enter % and circle
10,000 X
plus or minus)
{1 +.12) - $12,000
For specialized requests from the CITY
using materials NOT described in items in
C1
A, B and D of Exhibit B - Fee Schedule,
$10,000
the CONTRACTOR shall provide a %
markup or discount on materials
GRAND TOTAL (ITEM A23 + ITEM B70 + ITEM C-1):
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 108 of 119
(Continued)
EXHIBIT B
FEE SCHEDULE
UNIT PRICES FOR MATERIALS
The CONTRACTOR offers the following unit prices for providing the items below on an as needed
basis as requested by the CITY.
Item
No.
Description
Unit
Cost
($/Unit)
D1
OM-1 Object Marker (12x12)
EACH
R1-1 Stop (3000)
EACH
D2
R1-2 Yield (360606)
EACH
D3
OM-1 Object Marker (12x12)
EACH
D4
R2-1 Speed Limit (24x24)
EACH
D5
R3-1 No Right Turn (24x24)
EACH
D6
R3-17 Bike Lane (3004)
EACH
D7
R3-17A Bike Lane Supplemental Plaques (30x12)
EACH
D8
R2-1 Speed Limit (24x24)
EACH
D9
FTP-30-06 School Days Time 0 8x18)
EACH
D10
FTP-30-06 School Speed Limit 08x24)
EACH
D11
FTP-85-06 Official Use Only (12x18)
EACH
D12
51-1 School Advanced Warning (3606)
EACH
D13
S2-1 School Crossing (2400)
EACH
D14
S4-1 Time to Time Am Time to Time PM (24x48)
EACH
D15
54-3 School (2400)
EACH
D16
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 109 of 119
D3-2 Advance Street Name (aka Next Intersection
EACH
D17
Ahead) Signs - 70" X 30". D3-2 signs of different
dimensions will be adjusted pro rata by the square
foot).
D18
Weston Radio AM Signs (24"x 24")
EACH
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 110 of 119
EXHIBIT C
CONTRACTOR'S SUB -CONTRACTORS LIST
CONTRACTOR shall provide a comprehensive list of all sub -contractors (if any) and the work to be
performed.
Item#
Sub -Contractor Company Name and Employer
dert icatio Number
Work to be Performed
1
2
3
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 111 of 119
EXHIBIT D
TRANSITION PLAN
ATTACH TRANSITION PLAN
OM# 70976 Q RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 112 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
Any singular reference to CONTRACTOR, Surety, CITY or other party shall be considered plural where
applicable.
CONTRACTOR (name and address) SURETY (name & principal address):
CITY:
City of Weston
17200 Royal Palm Blvd.
Weston, Florida 33326
AGREEMENT
Date:
Amount: Services as needed. Not for a fixed amount.
Description: Roadway Traffic Signage Maintenance Services
Location: Citywide
City of Weston RFP NO. 2019-07
BOND
Date (not earlier than Agreement Date):
Amount: $100,000 or 100% of the total annual cost (whichever is greater)
Modifications to this Bond: None See Page(s)
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 113 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
CONTRACTOR AS PRINCIPAL SURETY
Signature
Name
Title
Signature
Name
Title
(Any additional signatures please include at the end of this form)
FLORIDA RESIDENT AGENT
Address
Phone
Fax
DM## 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 114 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
1. CONTRACTOR and the Surety, jointly and severally bind themselves, their heirs, executors,
administrators, successors and assigns to CITY for the performance of the Agreement, which is
incorporated herein by reference.
2. If CONTRACTOR performs the Agreement, the Surety and CONTRACTOR shall have no
obligation under this Bond, except to participate in conferences.
3. If there is no CITY Default, the Surety's obligation under this Bond shall arise after:
A. CITY has notified CONTRACTOR and the Surety at its address described in paragraph 10
below that CITY is considering declaring a CONTRACTOR Default and has requested
and attempted to arrange a conference with CONTRACTOR and the Surety to be held
not later than 15 days after receipt of such notice to discuss methods of performing the
Agreement. If CITY, CONTRACTOR and the Surety agree, CONTRACTOR shall be
allowed a reasonable time to perform the Agreement, but such an agreement shall not
waive CITY'S right, if any, subsequently to declare a CONTRACTOR Default; and
B. CITY has declared a CONTRACTOR Default and formally terminated CONTRACTOR'S
right to complete the Agreement. Such CONTRACTOR Default shall not be declared
earlier than 20 days after CONTRACTOR and the Surety have received notice of such
termination; and
C. CITY has agreed to pay the Balance of the Agreement Price to the Surety in accordance
with the terms of the Agreement or to a CONTRACTOR selected to perform the
Agreement in accordance with the terms of the Agreement with CITY.
4. When CITY has satisfied the conditions of paragraph 3, the Surety shall promptly and at the
Surety's expense take one of the following actions:
A. Arrange for CONTRACTOR, with consent of CITY, to perform and complete the
Agreement; or
B. Undertake to perform and complete the Agreement itself, through its agents or through
independent CONTRACTORS; or
DM## 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 115 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
C. Obtain bids or negotiated proposals from qualified CONTRACTORS acceptable to CITY
for an Agreement for performance and completion of the Agreement, arrange for an
Agreement to be prepared for execution by CITY and CONTRACTOR selected with
CITY'S concurrence, to be secured with performance & payment bonds executed by a
qualified Surety equivalent to the bonds issued on the Agreement, and the Balance of the
Agreement Price incurred by CITY resulting from CONTRACTOR's default; or
D. Waive its right to perform and complete, arrange for completion, or obtain a new
CONTRACTOR acceptable to CITY and with reasonable promptness under the
circumstances:
i. After investigation, determine the amount for which it may be liable to CITY and,
as soon as practicable after the amount is determined, tender payment therefore
to CITY; or
ii. Deny liability in whole or in part and notify CITY citing reasons therefore.
5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety
shall be deemed to be in default on this Bond, 15 days after receipt of an additional written notice
from CITY to the Surety demanding that the Surety perform its obligations under this Bond, and
CITY shall be entitled to enforce any remedy available to CITY. If the Surety proceeds, without
proper notice to CITY, CITY shall be entitled to enforce any remedy available to CITY.
6. After CITY has terminated CONTRACTOR's right to complete the Agreement, and if the Surety
elects to act, then the responsibilities of the Surety to CITY shall not be greater than those of
CONTRACTOR under the Agreement, and the responsibilities of CITY to the Surety shall not be
greater than those of CITY under the Agreement. To the limit of the amount of this Bond, but
subject to commitment by CITY of the Balance of the Agreement Price to mitigation of costs and
damages on the Agreement, the Surety is obligated without duplication for:
A. The responsibilities of CONTRACTOR for correction of defective work and completion
of the Agreement;
B. Additional legal, design professional and delay costs resulting from CONTRACTOR's
Default, and resulting from the actions or failure to act of the Surety under paragraph 4;
and
DMP 70976 v3 RFP No. 2019-07 Roadway Traffic Signage Maintenance Services Page 116 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
C. Liquidated damages, or if no liquidated damages are specified in the Agreement, actual
damages caused by delayed performance or non-performance of CONTRACTOR.
7. The Surety shall not be liable to CITY or others for obligations of CONTRACTOR that are
unrelated to the Agreement, and the Balance of the Agreement Price shall not be reduced or set
off on account of any such unrelated obligations. No right of action shall accrue on this Bond to
any person or entity other than CITY or its heirs, executors, administrators or successors.
8. The Surety hereby waives notice of any change, including changes of time, to the Agreement or
to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction in the location in which the work or part of the work is located and shall be instituted
within two years after CONTRACTOR Default or within two years after CONTRACTOR ceased
working or within two years after the Surety refuses or fails to perform its obligations under this
Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10. Notice to the Surety, CITY or CONTRACTOR shall be mailed or delivered to the address shown
on the signature page.
11. when this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the work was to be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted here from and provisions conforming to
such statutory or other legal requirement shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not as a common law bond.
DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 117 of 119
EXHIBIT E
PERFORMANCE & PAYMENT SECURITY
(CONTINUED)
DEFINITIONS
A. Balance of the Agreement Price: The total amount payable by CITY to CONTRACTOR
under the Agreement after all proper adjustments have been made including allowance
to CONTRACTOR of any amounts received or to be received by CITY in settlement of
insurance or other claims for damages to which CONTRACTOR is entitled, reduced by
all valid and proper payments made to or on behalf of CONTRACTOR under the
Agreement.
B. Agreement: The agreement between CITY and CONTRACTOR identified on the signature
page, including all Contract Documents and changes thereto.
C. CONTRACTOR Default: Failure of CONTRACTOR, which has neither been remedied
nor waived, to perform or otherwise to comply with the terms of the Agreement.
D. CITY Default: Failure of CITY, which has neither been remedied nor waived, to pay
CONTRACTOR as required by the Contract or to perform and complete or comply with
the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the
cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Signature
Name
Title
Signature
Name
Title
DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 118 of 119
EXHIBIT F
SAMPLE POST SUBMISSION FORM
1. Proposers shall complete the required portion of this form and present upon the submittal and
delivery of Sample Post to the Public Works Services Center.
2. The CITY shall acknowledge receipt of the Sample Post by completing lines 6 and 7.
3. A copy of the signed Sample Post Submission, Exhibit F, shall be given to the Proposers.
4. Proposers shall submit the completed, signed, CITY acknowledged form and submit with the
RFP proposal package.
1. Name of
Proposer
2. Address of
Proposer
3. Proposer's
Signature
Signature
Date
4. Delivered to:
Public Works Services Center, 2599 South Post Road, Weston, Florida 33327
5. Delivered by:
Name
Signature
* * * *Official Use Only (Proposers shall not fill out below this line)
6. Accepted by
city
Name
Signature
7. City
Date/Time
Stamp
DM## 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 119 of 119
ATTACHMENT B
CONTRACT FOR ROADWAY TRAFFIC SIGN MAINTENANCE SERVICES
CITY OF SOUTH MIAMI DRAWINGS AND
PRICE LIST
Thomas F. Pepe — 44-43-19
Page 7 of 7
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2830 North lath Terrace
GRAPHPLEX
S I G N S
Sign Design 6 Manufacture
• Hollywood. Florida 33020
Product
Price
Prices are for fabrication only. Installation will be an additional charge.
Base
$
185.00
Blade
$
420.00
Finial
$
45.00
Post
$
190.00
Scroll
$
80.00
30" Stop Sign with Reveal
$
215.00
30" x 30" Do Not Enter with Reveal
$
215.00
30" x 30" Right Turn Only with Reveal
$
215.00
12" x 36" One Way with Reveal
$
180.00
18" x 24" No Parking Anytime with Reveal
$
180.00
24" x 36" Parking for City Hall with Reveal
$
198.00
12" x 18" Handicap Parking with Reveal
$
156.00
30" x 36" Public Parking with Reveal
$
230.00
18" x 36" Dedication with Reveal
$
95.00
Prices are for fabrication and installation of complete sign units.
Type Al
$
1,820.00
Type A2
$
1,820.00
Type A3
$
2,035.00
Type A4
$
2,035.00
Type Bl
$
1,250.00
Type B2
$
1,035.00
Type B3
$
1,180.00
Type B4
$
1,018.00
Type Cl
$
1,000.00
Type C2
$
1,050.00
Type D
$
1,590.00
Type E
$
375.00
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