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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. DM# 70976 v3 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 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. 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 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. 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 9 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 10 of 119 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. DM#; 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 11 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 12 of 119 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 DM# 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 14 of 119 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] DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 15 of 119 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. DMO 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 16 of 119 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 A 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. DM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 18 of 119 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. [THIS SPACE INTENTIONALLY LEFT BLANK] 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 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. DM# 70976 v3 RFP NO. 2019.07 Roadway Traffic Signage Maintenance Services Page 21 of 119 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] DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 22 of 119 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] 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. OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 24 of 119 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. DM# 70976 0 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 25 of 119 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 A 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. DM#i 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 27 of 119 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 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 29 of 119 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 DM# 70976 v3 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: DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 31 of 119 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. OM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 32 of 119 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 OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 33 of 119 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. OM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 34 of 119 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 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"): DM# 70976 A 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 DM# 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 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. DM# 70976 Q 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 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 40 of 119 FORM 9 PROPOSAL SECURITY TTACH 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 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 DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 42 of 119 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) DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 44 of 119 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 OM# 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 o€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 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] 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 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. DM# 70976 v3 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 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] DMN 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. 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 61Ipas -'d ��-33-----------I------ ----- .-----..' t a. ro13D Ct •t �U13'U!3J'711 J'fi'!4ll' 31t011 tlD Nd490r; •0'Z N 133M1S'W3: (30NV010AV NIBS HOf) ,-•-z IS 015 VTM •� �t1 :6� LSOd NDIS Ol MC113M AVMV W38e HOd � d•,t --_.. S3l9NVWnMWn1V.r 310H MO-L ................ 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K � I .o-.L o � C WJ O N � 7 � � 3 9�'L WOwINIYi � r c `o 6 b Y� N b � L Z Wl ! ■■1-R-M. IMF \ „ , Figure 3.4-E— Type E - 5"x5" Plain 12'-0" High Post (No mid -height collars, No "W") X. A_ 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. DM#i 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: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: 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. OM# 70976 A RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 78 of 119 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. [THIS SPACE INTENTIONALLY LEFT BLANK] DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 79 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 80 of 119 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. DM## 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 81 of 119 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. [THIS SPACE INTENTIONALLY LEFT BLANK] DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 82 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 83 of 119 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. [THIS SPACE INTENTIONALLY LEFT BLANK] DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 84 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 85 of 119 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. DM€E 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 86 of 119 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. DM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 87 of 119 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. DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 89 of 119 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 Q I = I; I ha 1 i.« cfl gx4Awt I •z� .� 2 wl. ____..... w w ____--_ -p 0 oL2 d I I \/ «2 (§ |§e ! |0; /§!| \§( !!OR§ !m!§� M §§ /| r`»m �§IM Figure 3.4-C Note: Replace Acorn Top with Round ball Top TYPICAL SECONDARY SIGN TYPE "C" SIGNS Lim j SPEED LIMIT " 25 m B33-- 3 L c o i7 ON LY I i� F -: �I I Vi qi OE OS INZ Z i�2 i�� i ECALE.�—L2' E.mmv, It [Wl No. rwsxx PW 13an �#q a§-\R �( 2 Ago <0` o| \ E§ d| w|/i / \ /§§ § m. E_- - - - -§_ --- q5 I § A I \ (0 i \ � 0( , \- J / \ Figure 3.4-E— Type E - 5"x5" Plain 1T-0" High Post (No mid -height collars No "W") Y CURB — --- -- .. -- — -- STRU Exhibit A Resolution No. 2019AX Page 15 of 71 X r.: C Y;W � Figure 3.4-G— 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. r S LVAMI 7t SW E -jCLT I ArFH WASHEzS do LONNUTS, f 1LtfE AUVINUM UG14 P CST %TWE: (2) ONE LT 7u7 Ac O&E AT KIMU — t ( _CUTS HE-O ANC H;,TS SHALL 1 jt r- 4'a r� T4*cRI;^`T IISMS SMEWS THE I m• Ys' THCK JLIMI%0A II.',M raj THM. PER EACH SIZE CF r4iaN � E'FH uCCLGR Fi�CECF I SI II•iactri aTE S'IOii'rsri' sL�lw AwLE I CA i ALI;MIHUW SMh FACE RIiH - 0 I TWE XI OR LATEST 8CTEE G 30 AL4M `PECFICA'1I045 Was BACK _ NCM ALL HM001-:E wt-SI COWFLr HRH FUA S;ICIFICA UNS DETAIL "A" "tIMM AUXIMI.0 tlk. ;Ltk TCP I' �LVIIS AWE" 7C SIS.y ."CST CJWAr S' P3 Y A` ME OUIIM %* TH17J WELLED iv y+_K LCC.7S CPI CEtiTE*E°: ;a %f-=C�T.i - -11MM— To S17I ;,CST. 5'x5' oZ'63-TG i11' 'AIALL— rJ; ARE T -7E AUN+I► I M F'InE SI,I'�:YT I CA-q-LiltlN-V PASE _, •NELAD ri SUN 'U.7 MAY-WL'T U.XA11.',y -- C.nC. CUFb •! •� :ERECT fi.H1;L 7F—� . ,- ETr,ISH rncr.E PPE16SM '� JUj?II.LM PISTE SLV'4n4 ' .41 ry F1::,=EAitA7rtY I I << (ALL e MAS) CFAM ^ �; ��► 1E )1' '0" WELDEEs M Sl u FOST ---� :F�ak 'PIS ►t:;.1�.stILE' :Ef�IL ... STx%JDAP..0 EtiGWEEPNIC GUALS &- sre^.t cATI^.► s ' 1YFI::AL SEET Slr-r: A:,'�Ep,?HLY CM CritESTU.M. FL RIDA OATS sC t.E CRXI#I G r: u.�k� � .:Js%-s .TllPIB 251% rnI1IH POST R.Z%47. VESTM. FL MA?7 ►tr.w':H zU ° g y T.' . k—HEY 1N G54-159-7firl.'. FAX 05s—'A5-7617 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. [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 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/. [THIS SPACE INTENTIONALLY LEFT BLANK] 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. [THIS SPACE INTENTIONALLY LEFT BLANK] 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. [THIS SPACE INTENTIONALLY LEFT BLANK] 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. [THIS SPACE INTENTIONALLY LEFT BLANK] 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 V1�4 V�\S I�PJ�r�2. v� �Cu"S-13.1��Z YO 0.4v IIc�gy1-Y�l;'. J V Si 'o set �i 11� 3oS- 03-L b?20 50c)V5(+-�,•Gltr'vb)V i�� `�;�i:✓;�`.. _ -'�L - o.a c% � i'3/ 'cv✓%j'ac7�y'�(ii' Trek6/'u cau�xG fcr_L1 bU ik r �U �C C S `I Q2,0 okos Ca -/Lyn ,rz-�� xwc Cwy 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- �c L� U—k for zoo s,� s-s -ec,}�.. � e� RFP No. 2019-07 Addendum No. 1 Page 5 of 7 N 74" Catherine Wright 2830 North 28th Terrace Hollvwocd FL 33020 Cathy , araphplex cam vwnv graphp ex com GRAPHPLEX 09549200905 C 954 200 4655 S I G N S F 954920 C906 S gn Des gn 6 Manu(artu Make Operating Chief Operating 0/fce+ --�/ 283D North 28th Terrace FL 33020 1-doHollowed, mikeq@graphplex cam WWw graphp ex can) GRAPHPLEX C 561 305 9235 S I G N S 0 954 920 0905 F 954 920 0906 Sign Design 6 Manufacture Page 6 of 7 RFP No. 2019-07 Addendum No. 1 L 10 L a68d � 'ON wnpuappd LO-6 WZ 'ON dJU OLU-58i-i96 :XYJ COU-SOC-t56-3NOHd3- /132� Z l -21 'S'1-N 6 lOZ H02�dW I.ZM -U 'NOLS3M 'WH iSOd HinOS 669Z s3wwn aw sHaaM onand 'ON 0rrEWHO 31VW 31VO VOINTU 'NO1S3M 30 A110 KIGV43SSV NOIS 133NIS ldOld ki SNOUVOUIOUS )f S IV130 ONIH33NION3 aavaNV. 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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. 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. DM## 70976 v3 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 "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. 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 9 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 10 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 11 of 119 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. DM## 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 12 of 119 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 DM# 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 14 of 119 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] DM# 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 15 of 119 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. DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 16 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 18 of 119 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. DM#i 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 21 of 119 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] DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 22 of 119 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] 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 24 of 119 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. DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 25 of 119 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 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 27 of 119 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 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. DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 29 of 119 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 DM# 70976 v3 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: DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 31 of 119 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. OM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 32 of 119 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 DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 33 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 34 of 119 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 DM# 70976 v3 RFP No. 2019-07 Roadway Traffic Signage Maintenance Services Page 40 of 119 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 DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 42 of 119 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 0I N 95 avd �. ...; -- .s{-.s 133US�I"1 ; isod N914 of a3al3M S3l9NtlnnWWmv.0 — ..........:....:......:::: - - - 'dA1313EION00 fed OOSZ -- .OL •s_Z _ 1)1 �n �1i" SS31 w WA SC Nol33 3091s N918 133a18 MIdAl ln0ddns— 3d10 rvnNlwnitldoltllanel338l0—� -.--...--.------------- NOLLtl0OlAtlMtlNtl3a8 —-- ;. 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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. 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. DM# 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. OM# 70976 Q 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 Yz" letters. DM#f 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 78 of 119 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. [THIS SPACE INTENTIONALLY LEFT BLANK] DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 79 of 119 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. DM# 70976 Q RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 80 of 119 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. DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 81 of 119 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. [THIS SPACE INTENTIONALLY LEFT BLANK] DM# 70976 A RFP No. 2019-07 Roadway Traffic Signage Maintenance Services Page 82 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 83 of 119 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. [THIS SPACE INTENTIONALLY LEFT BLANK] DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 84 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 85 of 119 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. DMi# 70976 v3 RFP NO, 2019-07 Roadway Traffic Signage Maintenance services Page 86 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 87 of 119 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. DM# 70976 v3 RFP No. 2019-07 Roadway Traffic Signage Maintenance Services Page 89 of 119 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. DM# 70976 0 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 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. 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 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 1 810 STAINLESS SCREW I 7• 1'--I I 1 ¶' ®LIL411� d]YU,L' �..L- 17 TOOIGGN POST WELDED- IIIL - I I ALUM, BALL CAP WELDED TO END OF A LUM.TUBE .080 ALUMINUM SIGN FACE MOUNTED WITH 114- DEADED ROD & CAP N UTS BOTH SIDE S TO AWALUMINUM BACK WHICH IS INSERTED INTO 1 M'ALUM, SQUARE TUBE 8 PLUG WELDED SIGN FACES 8 LETTERING TO BE REFLECTIVE VI �-- i WALUM, SOVARE TUBE (111' WAIL) INSERTED AND SECURED WITH SS SCREWS (SEE DETAIL'S') 3'ANGLE ALUM. OX THICKNESS) WELDED TO BACK PLATE 1 .080 ALUMINUM SIGN FACE (Rt•HIA22)ADHERED TO ,09DALUMINUM BACK PLATE AND MOUNTING HARDWARE(DETAIL-A). �-;— FABRICATION AND ATTACHMENT SAME AS STOP SIGN ABOVE -- -"------------------- E - DETAIL'A' rxr{wvn vvwu{ t I aou+R[rue uuMxuualPn roal 1 ' 1 sr xrwwlPws+M aar n.eeu wwlo araxlxae swcws I • 1 Nrxwssl¢w{saoxnVTe. �wrHlaemuavcearsrn- I�IalElittx•{p1E/.. WrtV1 I 1 1 1 I .a'1X+Y,YWENY b'xxP SQUARE TUBE ALUMINUM 1 s•WP4r MrE rxurxlrNw.wroTE 1 SQUARE TUBE ALUMINUM I 1 i PIPE SUPPORT I IIIL'lll s No..wnwsrn rue 1 CASTALUMINUMBASEWELDgD owwlN aoV Mos 1 Or BOLTED TO SIGN POST NOTE:ALLHARDYVAR-EEMUSTCONIPLY'NITHFCOTSPECIFICATIONSI - - - - _ BREAKAWAY LOCATION - - - - - - - - - - - - DIRECT BURIAL OFALUMINUM �3A•� '? PIPE SUPPORT 'TYPIC&STREET 2-11 SIGN BLADE FORt •]SMPH OR LESS .Nmwri K-4-m- .. _ 2500 PBI �_ .. 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FlhIFN GRA-M WELDED TO Sr7j FCST STA-IJDAPl; E%�IuEFPNG DUALS & sFEctn^tT1^.rs 1 TYFK_'AL STREET SIGN a:_,�-_EvBLY C r n s DATE :IT`'' OF *ESTJ.1. FL, t41Z MARCH 1iJ i3 �j T. li'—' 'r' KEY } �y�ij yulr JS9S �,tlttj}j POST F1..,:, nESP:r.. FT_ iTt�i 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 0. ' !k r 1 •" a 'j i �• _1�1�Q71�111V.. Y. Figure 3.5-C—Typical Damage to Signs Structure Missing "W" letter. "W" shall be on all four sides. i JSmDeteriorated face of Sign TON RADIO Blade 1TY t '4 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. M i 7 W"W' I ; - I zl�' All exposed Bolt heads, washers and nuts shall 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/. [THIS SPACE INTENTIONALLY LEFT BLANK] 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. [THIS SPACE INTENTIONALLY LEFT BLANK] 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. [THIS SPACE INTENTIONALLY LEFT BLANK] 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. [THIS SPACE INTENTIONALLY LEFT BLANK] 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: [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 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 PHONE/FAX EMAIL ADDRESS 1�i 1fUv�s Pe�l f I , S-1 3 • I GI Z VO a4r I cl �Qj� Yx �' J .J e3o5-- 63-L �zo 5e0c3v+-1,;G►t:cwbr-,,� CG / C %� / vi�Cv SQL - �a cl- �_i'3/ a✓y•,c7zy�� rreNG/ v S cl azo ocros- �a�l y � , r,�C laic. 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 r 0 4 V, • f 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 PRINT NAME FIRM NAME/ADDRESS PHONEIFnx EMAIL ADDRESS JAI// e'k-, 96 itiv'raec, ZZO 414- Z?2 'r eo 74/Lz- �c L� v�AU,/Lrr.,ke�@,G�`���c�-t� k � 9s�2ooy�ss 'e���..� dti � sex. RFP No. 2019-07 Addendum No. 1 Page 5 of 7 N 7� s Catherine Wright 1/ 2830 North 28th Teoace Hollyxmcd F133020 / Cathy +graphp'ex con, w vgraphp ex corn GRAPHPLEX a 954 920 0905 C 954 200 4655 S I G N S F 9511970 C90B S gn Des gn 6 Manufartu e Mite Quintana Chief Operating Officer --/ eti 2830 North 281h Terrace / Hollywood. F133020 mikeq@graphplex tam wwwgtaphpexcom GRAPHPLEX C 561305 9235 S I G N S 0 954 920 0905 F 954 920 0906 Sign Design 6 Manufacture RFP No. 2019-07 Addendum No, 1 Page 6 of 7 L 10 L a6ed t *ON wnpuappV LO-6 WZ 'ON dzib AM Z l—N 'ON DNIMVHO 'SU-N 31VOS 6 LOZ HONM 31Va Ot9Z—S9£—WG :XVd 009Z—S9£—*96 '3NOHcIM31 LZ£££ IU 'NOiS9M 'OVON 1SOd KWOS 669Z S31tnllll ONV SXaOlA O>19nd VOI2ITU 'NOIS3M 30 kilo 3nio t XIGV43SSV NOIS 13381S IVOldAl SNOUVO1d1OUS V SlIV130 ONIa33NION3 OtJVGNVJS ' • • ' 1 IVJ.3 (33NYOI0AV N1dS ?103) 1SOd NOIS Ol 03MM S3MNV YrnwrinW S "3„ (s3015 t 11Y) o �,, ; . • - I AVMYXY3ae aoi ca ` 310H 'Yi0 .1 ('d U) 3AWN00 ISd OOSZ i 3MO HSIN11 1HOddnS 3dld YinNIVInN 1N3YGAVd "MSnS 30 MUM UnO 'ONOO NOIMOI AYMVXY3aa 1SOd NOS Ol a3013M 3sva vinNivimY 15Y3 � V ,zr I' 18oddnS 3dld c WnNifInW 381U 3HM TIVM .9h 91—£909 .SU '1SOd NOS 01 CB83HGVV ssmos rYn mmY .Vc x .t/f um rj (ISOd aid t) O3a31N33 NO SO001 YVnNinn-N 1n0 1l13 X31H1 .,9/1 t 0 31V1d XOYB Ol a3013M (SS3NX31H1 .96 'YM 31ONY .£ .£ a 313813 1SOd NOS 01 03O13M SnIM .1 d01 MUM vin1mn1Y r1oim3 rn / SN011VO�ilO3dS 1003 HJ1M AIdYIOO lsnrl 3aYMaavH rn 3LaN — , NM N01S SNOIlV31d MS WnIV O a31.38 J sHVI a0 IX UAL rn'no NOS Y�nNiYin1V o80• 31OW 'YrnlY .0£x.IM31V1d MdnS 30V3anS iN33YJ'OV ( NJ1S 10 3OIS H3Y3 aid 33aH1 (£)O t YVnN1Y1n1V XOIHl .Y{ TlVHS S1nN aNV Ob3H S10a I SM380S SS3INIYLS JNIddYl 313S i•lN0 d01 lY 3N0 (Z)' ;�� 1SOd NOS YinNIMN 38n1XO01 V S83HSM HUM I t 3aYnas rnM : 91—£909 .Sx.6O1S a3ZINVAIYS .V. --———————— —— — — —— r 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. OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 9 of 119 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. OM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 10 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 11 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 12 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic signage Maintenance Services Page 14 of 119 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] DM## 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 15 of 119 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. DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 16 of 119 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. DM# 70976 0 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 18 of 119 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# 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 DM# 70976 A 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 21 of 119 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] DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 22 of 119 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] 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 24 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 25 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 27 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 29 of 119 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: DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 31 of 119 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. OM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 32 of 119 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 DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 33 of 119 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. OM# 70976 A RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 34 of 119 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 DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 35 of 119 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"): DM# 70976 A 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 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 DM# 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. 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 DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 40 of 119 FORM 9 PROPOSAL SECURITY ATTACH CASHIER'S CHECK OR PROPOSAL BOND DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page Al 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 DM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 42 of 119 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 DM# 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 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) OM# 70976 Q RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 44 of 119 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 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 OM# 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 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 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 A 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 v3 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 v3 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] OM# 70976 A 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 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. 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. 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 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 FI IS MATCH POWDER COAT ENTS 10 GUAKER BRONZE BY TO POWDER COATINGS 36 MPH OR GREATER. 6'- T 10 ,Z-0 DISTANCE TO EDGE OF PAVEMENT X MPH OR LESS. r-T W 64- _ _ DISTANCE TO EDGE OF PAVEMENT (USED WMEN THERE IS NO CURB) I� P' ry Z• D' MINIMUM DISTANCE TD FgCE OF CURB I S11 A7 L R3-SR ONLY A �— 2'. 0• --� ban CUSTOM ALUMINUM AGORA TOP WELDED TO SIGN POST -------------------- I DETAIL'S" 1 912 STAINLESS STEEL COUNTERSUNV 1 1 AD SCRS]' LOND 410 STAINLESS 1 stO STAMLES9 SCREW 1 1 ' 1'SO.ALUMINUM I ' COLLARS WELDED_ _ _ _ ' TO SIGN POST L 1 BALL CAP WELDED TO END OF ALUM. TUBE T 3- ANGLE ALUM. 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I.01M o-A d1.0 -.E'ss31 tl0 HdW OE 3GY19 NOIs ntl caL11Otl M3bM SS3 1$ Olt HLM 03W as 1W3vCinVdd03003a130NYlsw 11,1310,3133A "MSO ONV031tl35NIdb011be WllV A'ZL dI A-9 Y31V3tle MO Hdw S[ 1SOd NOIS 0103O13M -dol ilV9 vnNIV4rIWviO1sn0 A. 3dA1 N S 9.9 Figure 3.4-C Note: Replace Acorn Too with Round ball Top TYPICAL SECONDARY SIGN TYPE "C" SIGNS OMP70976vlRtP NO.!01"i Rndwav Iniflfc Spnape munumana S-- c '`J'I`I 611 P t9 -N 'dA1313MONOD icd 00ge - lYOddnS 3dld 13A31 rmmm IV do mans lo3al0 1SOd NSIS 01031108 a0 03013M 35V5 W/1NIVInW 1SV0 - la04dns 34ld Wn NIWnV 3E( 3uwnos IWM AIA Sl- gw.s x S .P.t .. 3 .0-.Z +' I .__ Nou:•�o� m—.lMMtihtl?tl9 l(53015 /IIVI AtlMtlxYdaH aO] -. — 370N YIO.t 0-L T1 � 1SOd NDIS 0103a3N01 Sa3Ub U WMHNnIV.TT M.MG M Lsod Yid a SOSOI J6 mNIWnV 1n01n0 xOM1.Vn S319NV WnmtNnlV 01 03013M S1a0ddnS 3Hn1 WnNIWnx.c x.%I ANVA S32IS 1.V. 1V13033 ) 61HOddn39N11Nnm ow 31v� --------------------- hOVH wnnnrnta.wi o13N0011Is mts3s SN010VN 3aV310 0NV 3"1 GH w[N O3a3N 30VA NOIS MNIYW1x Ofi0' 31V1d f vs OL 03013M mnlV 310NV ,[ — f SNOIIV]IA3MS 1001 �1VA A10400LSnw 3 ,mOaVN nV31oN t 1 3n'1d lrJrp 3N0 1 I UNV 3tlY18aU IK NLM 0303d3NOV 3>Ytl N015 /InNIWOx9Po' 1 V3dVl wmH aaawaysvviOistimm m I vVmrr..r .—WV / 1 I dnaf.ewoens 1 mN Wnawn.l Tx, I 1 .tr.B TrtNga0xll•1 or.ol a1]Ydv rau« rt inurcl 1.41 \—rurowlrwalrtw l,q 4V19d�INnT'0 iTAt .Ot-.9� o-R I zz/ e, 1'm'imzpMect i�mdt.ul Nllu,nw ;ok mw I 90NUVOO a30MOd 131 AS Movo a3Ntln0 ,Nu.nrt ¢sms..l I OISP kim 1tl00 wga ,N01VW of 61 cz3araarsr a�at3a 1 S1N3NOdn00 NOIS 1l NO HSINM Iv+s+••�w+un•w+a•,ia,y apu,l A.,,p�,•a 11r61oa UN aaa e• 9e6oc rwn 30V1H NSIS naNl03NOa 1N3n3133N1W0030 AL UM NVS a-e c aln H Figure 3.4-E— Type E - PxV Plain 121-0'1 High Post (No mid -height collars, No "W") T i r CURB DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 63 of 119 1 r 9' .. _� 1, 6 • S .� of • I _ � � � A � 1 aZ 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 =y �Iw(v ` I I •`R y' I ��1 Figure 3.5-C— Typical Damage to Signs Structure 0 Missing "W" letter. "W" shall be on all four sides. t 01,80m WESTON RADIO t-qjWq CITY OF WES'rON 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. All exposed Bolt heads, washers and nuts shall match the color dr_,' 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. DM# 70976 v3 RFP NO. tat 9-07 Roadway Traffic Signage Maintenance Services Page 78 of 119 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. [THIS SPACE INTENTIONALLY LEFT BLANK] DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 79 of 119 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. DM# 70976 v3 RFP NO. 2019.07 Roadway Traffic Signage Maintenance Services Page 80 of 119 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. DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 81 of 119 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. [THIS SPACE INTENTIONALLY LEFT BLANK] DM# 70976 A RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 82 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway 'traffic Signage Maintenance Services Page 83 of 119 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. [THIS SPACE INTENTIONALLY LEFT BLANK] DM#E 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 84 of 119 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. OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 85 of 119 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. DM# 70976 v3 RFP NO.2019-07 Roadway Traffic Signage Maintenance Services Page 86 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 87 of 119 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. DMA 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. 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. DM# 70976 v3 RFP NO. 2019.07 Roadway Traffic Signage Maintenance Services Page 89 of 119 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. 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 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 OM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 91 of 119 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. DM# 70976 v3 RFP NO. 2019-07 Roadway Traffic Signage Maintenance Services Page 93 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. 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 § w a � e { k u IL » e \ E \ f , .� T mL $Ws 88 O V�v T f F M 1.9S L N V w IL r U W a a m w IL Nf m W IL r N m W a. F m W a a W a m Q W a i s 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 OS'986 Z L 0£'686 Z L S 1766 Z L 00'S66 Z L 08'L66 Z L S9'000 £ L OS'£00 £ L 0£'900 £ L S L'600 £ L 007 LO £ L 0817 LO £ L 59'L LO £ L OS'OZO £ L + 00098 LE L + 00'SZ6Z L - OE-ELOEL OL-E86ZL