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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-141Temp. Reso, #10165 —June 11, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-141 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AWARDING RFP NO. 03-10R TO AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH STREET FURNITURE ADVERTISING GROUP, INC. TO FURNISH BUS SHELTERS FOR THE CITY OF TAMARAC FOR A TEN YEAR PERIOD BEGINNING JULY 3, 2003 THROUGH JULY 2, 2013 WITH AN OPTION TO RENEW FOR AN ADDITIONAL FIVE YEAR PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current agreement for bus shelters expires on July 2, 2003; and WHEREAS, a competitive process was undertaken to solicit proposals from qualified companies to provide bus shelters for the citizens and residents of the City of Tamarac, and WHEREAS, the City of Tamarac published RFP # 03-10R on February 28, 2003, attached hereto as Exhibit "1" of Attachment "1" to provide for Bus Bench and Shelter Design, Construction, Installation and Maintenance; and WHEREAS, the City reserved the right to award separate agreements for the provision of bus benches and bus shelters; and WHEREAS, no companies proposed to provide both bus benches and bus shelters; and WHEREAS, only one proposal was submitted to provide for bus shelters; and Temp. Reso, #10165 —June 11, 2003 Page 2 WHEREAS, Street Furniture Advertising Group, Inc. submitted a proposal for the provision of bus shelters; and WHEREAS, upon serious review and consideration by the Evaluation Committee consisting of the Assistant to the City Manager, Director of Community Development, Building Official, Public Works Project Manager and Management Analyst it was determined that Street Furniture Advertising Group, Inc. is the most responsible and responsive proposer; and WHEREAS, it is the recommendation of the Assistant to the City Manager and Interim Purchasing and Contracts Manager that RFP # 03-10R providing for the Design, Construction, Installation, and Maintenance of Bus Shelters be awarded to and an agreement executed with Street Furniture Advertising Group, Inc. for furnishing bus shelters within the City of Tamarac for a period beginning July 3, 2003 through July 2, 2013 with an option to renew for an additional five year period: and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP No. 03-10R to and authorize execution of an agreement with Street Furniture Advertising Group, Inc. providing for installation and maintenance of bus shelters within the City limits of the City of Tamarac. Temp. Reso, #10165 -June 11, 2003 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to award the Request for Proposal (RFP # 03-10R), hereto attached as Exhibit 1" of Attachment 1", and execute the agreement between the City of Tamarac and Street Furniture Advertising Group, Inc., hereto attached as Attachment "I", for providing bus shelters in the City of Tamarac for a ten year period beginning July 3, 2003 through July 2, 2013, with and option to renew for an additional five year period. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. IJ Temp. Reso, #10165 —June 11, 2003 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 25th day of June, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KRA T CITY ATTORNEY jngLo�' E SCHREIBER Mayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: COMM. PORTNER AYE DIST 2: COMM. FLANSBAUM-TALABISCO NAY DIST 3: COMM. SULTANOF AYE DIST 4: V/M ROBERTS NAY 1 1 1 EXHIBIT 1 -F - 7-17T ri r r� rl 1 REQUEST FOR PROPOSALS ; pil r� r ri �� *q ri y I r � � ri f j rl� rl rl 0 R ri p ri rl rl� rl r� RFP NO. 03-1OR rJ r BUS BENCH AND SHELTER DESIGN, r rl CONSTRUCTION, INSTALLATION AND rr rl MAINTENANCE rr ��� rl ri r� 171 ri ri r r rl City of Tamarac r FPurchasing Division 7525 NW 88'h Avenue r Room 108 ri Tamarac, Florida 33321-2401 rl r� 954 724-2450 rl �i r� ri rr��r_r�rr���rr�rrl-r_�rrrlrr�r����'"-171 Cit of Tamarac 0 Purchasing & Contracts Division Table of Contents RFP 03-10R Requestfor Proposals.................................................................................................................. I. Purpose, Background, Term and Scope of Service....................................................... 5 A. Purpose....................................................................................................................5 B. Introduction and Background...................................................................................5 C. Term......................................................................................................................... 5 D. Scope of Services and Specifications...................................................................... 6 II. Shelter and/or Bench Specifications..............................................................................7 A. General.....................................................................................................................7 B. Maintenance and Cleaning.......................................................................................8 C. Advertisements.........................................................................................................9 D. Location....................................................................................................................9 III. Proposal Requirements................................................................................................10 1. Firm Qualifications..................................................................................................10 2. References.............................................................................................................10 3. Revenue Proposals.......................................................................................:........10 4. Proposal Copies.....................................................................................................11 5. Addenda, Additional Information............................................................................11 IV. Evaluation of Proposals...............................................................................................11 1. Evaluation Committee............................................................................................11 2. Technical Quality....................................................................................................12 3. Revenue Quality.....................................................................................................12 4. Pre -Award Survey..................................................................................................13 5. Overall Ranking......................................................................................................13 6. Evaluation Method and Criteria..............................................................................13 V. General Information and Schedule of Events...............................................................14 VI. Award of Contract.........................................................................................................14 Instructions to Offerors, Standard Terms & Conditions..............................................................15 1. Defined Terms........................................................................................................15 2. Special Conditions..................................................................................................15 3. Examination of Contract Documents and Site........................................................15 4. Specifications.........................................................................................................15 5. Interpretations and Addenda..................................................................................16 6. Costs and Compensation.......................................................................................16 7. Non -Collusive Affidavit Form..................................................................................17 8. Conflict of Interest..................................................................................................17 9. Performance Bonds and Insurance........................................................................17 ..... ...... ....... ._.... City of Tamarac 0 Purchasing & Contracts Division 10. Summary of Documents to be Submitted. ........ ....................... 11. Submission of Proposals.......................................................... 12. Modification and Withdrawal of Proposals ............................... 13. Rejection of Proposals............................................................. 14. Qualifications of Offerors.......................................................... 15. Insurance ................................. ................. .......... I ........ I ........ I... 16. Indemnification........................................................................ 17. Warranties............................................................................... 18. Non -Discrimination and Equal Opportunity ........I .................... 19. Taxes....................................................................................... 20. Permits, Fees and Notices ...................................................... 21. Termination for Cause and Default ......................................... 22. Termination for Convenience of City ....................................... 23. Audit Rights............................................................................. 24. Assignment............................................................................. Offeror's Certification..................................................................................... CertifiedResolution........................................................................................ Offeror's Qualification Statement................................................................... Non -Collusive Affidavit................................................................................... Foreign Corporations Statement.................................................................... Vendor Drug -Free Workplace........................................................................ References..................................................................................................... Sample Insurance Certificate......................................................................... Attachments: I' t ...........................17 ....... I ............ I ...... 18 ...........................18 ...........................19 ...... I ............ I ....... 19 ........................... 20 ........................... 21 ............................ 22 .......I .................... 22 ............................ 23 ............................ 23 ............................ 23 ..................... I...... 23 ............................ 24 ............1. .............. 24 .......................1 of 1 ........................1 of 1 ........................1 of 5 .......I................1 of 2 ........................1 of 1 ........................1 of 1 ........................1 of 1 .........I..............1 of 1 Current Bus Shelter/Bus Bench Locations - is .......................... I ......... I ........ .. Locations of Tamarac Bus Stops - map........................................................... City of Tamarac Boundary and Bus Stops - map ............................................. BCTRidership Survey ......................... .................................... I.,..................... 3 1 of 3 1 of 1 1 of 1 1 of 5 Purchasing and Contracts Division DATE: Citv of Tamarac "Committed to Excellence... Always" February 28, 2003 REQUEST FOR PROPOSALS RFP NO.03-10R The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Proposals in the Purchasing and Contracts Office at Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321, for furnishing the services described below: BUS BENCH AND SHELTER DESIGN, CONSTRUCTION, INSTALLATION AND MAINTENANCE Sealed Proposals must be received and time stamped in the Purchasing and Contracts Office, either by mail or hand delivery, no later than 2:00 p.m. local time on March 26, 2003. Any Proposals received after 2:00 p.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Offeror. A mandatory Pre -Proposal Conference will be held on Wednesday, March 12, 2003 at 10:00 a.m., at the City of Tamarac, City Hall, Conference Room 204, 7525 NW 88th Avenue, Tamarac, Florida. All parties interested in proposing on this project are suggested to attend this meeting. Proposals are subject to the attached Standard Terms and Conditions contained in the Instructions to Offerors. CITY reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Offerors, or take any other such actions that may be deemed to be in the best interests of the CITY. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For inquiries, contact the Purchasing Office at (954) 724-2450. Lynda S. Flurry, CPPO Purchasing and Contracts Manager Publish: Sunday, March 2, 2003 & March 9, 2003 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 0 Fax (954) 724-2408 • www.tomarac.org Equol opportunity Employer of Tamarac Purchasing & Contracts Division I. PURPOSE, BACKGROUND, TERM AND SCOPE OF SERVICE A. PURPOSE The City of Tamarac is soliciting proposals from qualified firms to provide all required labor, materials, equipment and services necessary to provide, install, repair and maintain --at no cost to the City --attractive, clean and safe bus passenger shelters and/or benches within the City of Tamarac. B. INTRODUCTION AND BACKGROUND In an effort to improve the quality of life in Tamarac, over the past five years the City has undertaken significant public projects that enhance the City's "sense of place". These include an on -going road resurfacing project that will address every City street, landscape improvements that have been completed along major thoroughfares and on public property, entry signs that have been installed to welcome people to Tamarac, a new Community Center with numerous facilities, as well as future projects such as the development of Southgate Linear Park. Through these projects and future projects, the City has demonstrated its commitment to the ongoing, citywide beautification plan. To continue to improve the aesthetics of the City and further its identity, Tamarac wishes to address its facilities for public transportation. Bus shelters and benches provide the City a great opportunity to make a statement and develop a theme that is unique to Tamarac. Improvements to these facilities may also attract new riders, increase the frequency of individual ridership and promote the City's transit system as well as the County's bus system. To accomplish this goal of attractive, functional bus shelters and benches that provide a consistency throughout the community, Tamarac is seeking input for creative concepts from private firms. The City's current agreements for the provision of bus shelters and bus benches within the City limits are due to expire on June 25, 2003. The contract allows the Contractors up to ninety (90) days from the end of the contract to remove all shelters and benches to which they have title. Although the City's bus shelter and bus bench agreements allow for the sale of advertisements to be placed on the bus shelters and benches and provide for payments to the City based upon the number of shelters and benches incurring advertising revenue, the primary purpose of the City bus shelter and bus bench agreements is to provide City residents access to safe, clean, and attractive bus shelters and benches. C. TERM The term of the contract that may be awarded as a result of this Request for Proposal is sixty (60) months from the date of Notice to Proceed, with an option to renew for one (1) extension period of sixty (60) months, exercised at the sole option of the City Commission or its designee. At the end of the term of the contract the parties herein shall be released from the terms of the contract unless the renewal option is exercised. In the event that the contract is not renewed, Contractors shall have a period of thirty (30)days from the end of the contract to remove all benches and ninety (90) days to remove all shelters to which they have title. In no event shall advertising be sold for f,..._... .. City of Tamarac Purchasing & Contracts Division placement upon the public shelters and/or benches beyond the awarded sixty (60) month period. D. SCOPE OF SERVICES AND SPECIFICATIONS The CONTRACTOR, at no cost to the City, shall provide all required permits, labor, materials, equipment and services necessary for providing, installing, repairing and maintaining public bus shelters and/or benches. Shelters and/or benches will be placed on public property or within the public right-of-way at locations approved by the CITY. Shelters and/or benches shall be constructed in full accordance with the latest edition of the Florida Building Code and meet standards detailed herein and approved by the City Engineer. Shelters specified in the plans for approval must be the shelters supplied to the City. The City encourages the submission of alternate design/construction structures. The design of the shelters and/or benches should be consistent with the City's beautification efforts. The City reserves the right to award one contract for installation, repair and maintenance of both bus benches and bus shelters, or to award separate contracts for each. 1. The Contractor shall furnish and maintain public bus shelters and/or benches at no cost to the City and will place said shelters and/or benches at locations approved by the City and shall be placed to achieve the maximum pedestrian safety and convenience. 2. All shelters and/or benches shall be constructed of top grade materials. Contractor shall, at Contractor's expense, maintain all such shelters and/or benches in "like new" condition during the entire term of the Agreement and the City shall have the right to inspect such shelters and/or benches periodically to determine their condition. Contractor shall replace or recondition to the satisfaction of the City any shelters and/or benches that the City determines are no longer in "like new" condition. 3. The Contractor shall be authorized to provide, install and maintain, at its sole cost and expense, high quality, expertly designed commercial advertising displays to be placed upon bus shelters and/or benches approved and designated by the City; however, advertising of liquor, tobacco or tobacco products, political matter, adult book stores, adult theaters, adult escort services and pornographic or obscene matters is prohibited. The determination of objectionable, obscene or pornographic advertising shall be the right of the City whose decision on these matters shall be final. 4. Any shelter and/or bench deemed to endanger life or property by the City Engineer and/or Chief Building Official shall be removed within one (1) day from notification of same. & Cit of Tamarac :�. _ ision Purchasm Contracts iv 5. All bus shelters and/or benches shall be placed in accordance with the provisions of Florida Administrative Code Chapters 14-20 as amended and Florida Statute Section 337.407 and 337.408 as amended. In addition, the location of bus shelters and/or benches shall be subject to approval of the appropriate governmental agencies, including the City, Broward County Mass Transit Division, and Florida Department of Transportation. 6. All shelters and/or benches shall meet the accessibility criteria for persons with disabilities as set out in Federal, State and Local law and regulations including but not limited to, Florida Statute Section 337.408 and 553.503, as amended. Contractor shall install accessible concrete sidewalk pathways from the roadway edge of pavement to the bus shelter and/or bench and from directly behind or beside the shelter and/or bench to an existing sidewalk abutting a right-of-way. All shelters shall contain a seating bench. Size of the bench to be approved by the City. The Contractor shall be responsible for applying for and obtaining all necessary building permits and paying all fees for the bus shelter and/or bench structures. The Company and/or its qualifier shall be responsible for requesting and passing all necessary inspections. II. SHELTER AND/OR BENCH SPECIFICATIONS The City requires that the Contractor ensure that the proposed shelters and/or benches meet or exceed the technical specifications described herein. The City encourages the submission of alternate design/construction structures. A. GENERAL . If electrical power is to be provided to the bus shelter and/or bench in any form, the preferred method is from a self-contained system such as batteries or solar panels. Electrical power may come from an outside power source such as an FPL hook-up. The Broward County street light system shall not be accessed for any electrical power to shelters and/or benches. 2. Contractor shall be familiar with applicable planning, engineering, public works and electrical codes and comply with said codes at all times. 3. All liability related to operation, electrical connections, construction, installation and repair of transit shelters and/or benches shall be the sole responsibility of the Contractor. 4. Shelters shall be illuminated at night from dusk until dawn, but shall not be illuminated in such a way as to be hazardous to passing vehicle operators. 5. Contractor shall obtain an annual premises permit for shelter repair and maintenance from the City's building department. 6. All shelters and/or benches shall be identified by a separate number to be installed on the bench or shelter in an area mutually agreeable to the parties. a CiYot Tamarac Purchasing & Contracts Division 7. Shelters must be able to withstand the high winds and storms common to South Florida by meeting or exceeding the latest edition of the Florida Building Code. B. MAINTENANCE AND CLEANING 1. The Contractor shall be responsible for maintaining shelters and/or benches, as well as associated trash receptacles, in "like new" condition throughout the life of the contract, including refurbishing, reconditioning, and, if necessary, replacing worn shelters and/or benches. 2. The Contractor shall maintain each shelter and/or bench in a whole, structurally safe and cosmetically attractive condition and the area surrounding each will be kept free of insects, debris, high grass, weeds and other rubbish for a radius of ten (10) feet from the perimeter of the bench and/or shelter. Failure to properly maintain the bench and/or shelter or the surrounding area will constitute cause for cancellation of the applicable permit and removal of the bench and/or shelter. 3. The City may elect to maintain the shelter and/or bench and surrounding area if the Contractor fails to consistently comply with maintenance standards and charge back the costs to the Contractor. 4. The Contractor shall be required to provide at no cost to the City, the placement of a trash receptacle adjacent to or in each shelter and at certain bench locations, as specified by the City. The Contractor will empty the trash receptacle on a weekly basis, or sooner if necessary, also at no expense to the City. 5. The Contractor is required to keep a timely record of all maintenance performed describing shelter and/or bench location by number and type of work. 6. Should a shelter and/or bench be damaged or destroyed, regardless of fault, the Contractor is responsible for the shelter's and/or bench's timely repair or replacement. Repair or replacement of a shelter and/or bench will not exceed twenty-four (24) hours from the time such a discrepancy is reported to the Contractor. In the event damage to a shelter and/ or bench results in it becoming a clear safety hazard to the public, the Contractor is expected to take immediate corrective action in order to protect the public from any potential harm. All incidents of damage to a shelter and/or bench as well as the Contractor's subsequent repair to or replacement of such shelter and/or bench will be reported in writing to the City within one (1) week of the incident. 7. The City reserves the right to require the removal of any shelter and/or bench that is in need of repair or maintenance upon written notice to Contractor. Any shelter and/or bench not maintained or repaired within notice period cited above may be removed or repaired by the City at the expense of the Contractor. Removal or repair does not exempt the Contractor from fee obligation. ........... ............................ f Gity of_Tamarac cvisipn Purchasin � Contracts Di 8. Inspection nd Clean -Up; a. Contractor shall make routine inspection calls on each shelter and/or bench and trash receptacle at least once per week, or more often if conditions warrant. Contractor will keep a record of all maintenance performed, including date, shelter and/or bench location, type of work performed and submit the log at the end of every month or as otherwise required by the City. b. At each inspection call, if needed, Contractor shall clean, wash and fumigate each shelter and/or bench and surrounding area, as well as inspect lighting fixtures and replace defective lights, as needed. Contractor shall pressure clean shelter and/or bench and pads at least annually. C. The Contractor will ensure that the shelters and/or benches are maintained in a structurally safe and cosmetically attractive condition. C. ADVERTISEMENTS 1. The Contractor may provide, install and maintain, at its sole cost and expense, professionally designed commercial advertising displays on bus shelters and/or benches approved by the City. 2. No advertising on the bus shelters and/or benches shall contain any duplication of traffic control devices, e.g. stop or yield signs. It is permitted however, to state directions i.e., "Turn left at next stop sign." 3. Whenever possible, the installation of advertising displays, devices and materials will take place during hours of minimum passenger activity. 4. The Contractor shall make available up to five (5) non -advertising shelters and up to fifteen non -advertising (15) benches for placement at locations as designated by the City. These locations shall be non revenue with no fees paid to City. 5. Any revenues due and payable to the City under the terms of this Agreement shall be remitted to the City's finance department semi annually by the 10t" of the months of January and July for the preceding 6 month period. Payment shall be remitted with the following information for each shelter and /or bench location: bench and/or shelter #, location and name of advertiser. D. LOCATION 1. Benches and/or shelters shall be located in accordance with the clear sight distance standards published by the office of the City Engineer. 2. The location of benches and/or shelters shall provide the minimum roadside clear zone for rural facilities in accordance with the Florida Department of Transportations Manual of Minimum Standards for Design, Construction and Maintenance for Streets and Highways", latest edition, Section 3.7.e. cf ............... of Tamarac hasin Contracts Division 3. All shelters shall be installed parallel to the adjacent roadway. Benches without shelters may be placed with the length dimension either parallel or within 30 degrees of the adjacent roadway or as approved by the City. Benches shall be secured and/or fastened so as to maintain a permanent position. 4. No bus shelter and/or bench installed under the terms of this Agreement may be removed except with the express consent of the City. 5. No single location may contain more than one bench and/or shelter without the express consent of the City. 6. All benches and shelters will be located at County transit bus stops unless otherwise specified by the City. 7. All shelters shall contain a seating bench. There shall only be one shelter or bench per bus stop. The following documents are being provided for your information: • Current Bus Bench/Bus Shelter Locations List Locations of Tamarac Bus Stops Map • City of Tamarac Boundary and Bus Stops Map BCT Ridership Survey III. PROPOSAL REQUIREMENTS 1. Firm Qualifications This section of the Proposal should give a description of the firm, including the size, range of activities, etc. Particular emphasis should be given as to how the firm -wide experience and expertise in the area of bus bench and shelter design, construction, installation and maintenance will be brought to bear on the proposed work. It would be beneficial to provide the firm's proposed plan and layout as well. This section must also identify the supervisory personnel and specific contact person who will be responsible for the provision of services. 2. References Provide a list and description of similar services satisfactorily performed within the past three (3) years. For each engagement listed, include the name and telephone number of a representative for whom the engagement was undertaken who can verify satisfactory performance. 3. Revenue Proposals The Proposer must submit the Revenue Proposal in a separate sealed envelope or package (separate from the Technical Proposal) clearly marked on the envelope or package "Revenue Proposal", together with the Proposer's name, RFP number and RFP title. The Proposer may submit the separate sealed Revenue Proposal inside the same container or package together with the separate Technical Proposal. .................... 10 it of Tamarac t Division Y— _—_. _.....� .Purchasing &Contracts C -0 — If the Proposer wishes to submit an alternative pricing scenario, it must first submit pricing in accordance with the Revenue Proposal, and then include a separate alternative pricing scenario in a separate sealed envelope marked "ALTERNATIVE REVENUE PROPOSAL" on the sealed envelope and on the first page of the alternative pricing. Proposers who do not submit pricing in accordance with this requirement will not receive evaluation points for the Revenue portion. The alternative pricing will not be scored for evaluation purposes, but may be considered if the Proposer is selected for negotiations. Note: The Revenue Proposal shall consist of one original and six (6) copies. 4. Proposal Copies One (1) Original and six (6) copies in two (2) sealed envelopes marked (A) and (B), bound together shall be submitted by each Proposer to the City of Tamarac, City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321, to the attention of Lynda S. Flurry, CPPO, Purchasing and Contracts Manager. The first sealed envelope (A) shall contain the Proposer's technical proposal. The second sealed envelope (B) shall contain the Proposer's revenue proposal_ 5. Addenda, Additional Information Any addenda or answers to written questions supplied by the City to participating offerors become part of this Request for Proposal and the resulting contract. This Proposal form(s) shall be signed by an authorized company representative, dated and returned with the Proposal. No negotiations, decisions or actions shall be initiated or executed by the Offeror as a result of any discussions with any City employee. Only those communications, which are in writing from the Purchasing and Contracts Manager or designee, may be considered as a duly authorized expression. Also, only communications from Offerors, which are signed, and in writing will be recognized by the City as duly authorized expressions on behalf of the Offeror. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE ABOVE -NAMED OFFICIAL(S) REGARDING THIS REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. IV. EVALUATION OF PROPOSALS 1. Evaluation Committee A selection panel/team appointed and comprised of City of Tamarac staff will review and evaluate all proposals received using the criteria listed below. The panel may short list or select several firms, deemed by them to be the most highly qualified to perform the required services. All firms will be notified in writing of the firms which were short-listed, should this be the result. The firms that make the short list may be asked to make a formal presentation to the selection committee. The presentation should last approximately fifteen to twenty (15-20) minutes. Appointments for the formal presentation will be made via telephone and followed up in writing. Upon conclusion of the formal presentations, the selection committee will make a final ranking. 19 City of Tamarac_ .—_-.. 2. Technical Quality Proposals will be evaluated using the criteria listed below: CRITERIA A. Qualifications and Experience of Proposer and Staff This includes, but is not limited to, financial capability and experience- B. Design, Creativity and Innovation Purchasing & Contracts Division C. Technical Response This includes, but is not limited to, the proposed plan to implement and perform the services required in this RFP as listed in Scope of Services. Maximum Points 3. Revenue Quality POINT RANGE 0-25 0-50 0-25 100 After the Evaluation/Selection Committee re-evaluates proposals in light of the oral presentation (if necessary), it will then evaluate the revenue proposals of those Proposers remaining in consideration. The revenue proposal submission will be assigned a maximum of twenty-five (25) points based on a monthly minimum guarantee revenue offer. 3.1 Monthly Minimum Guarantee = 25 points The monthly minimum guarantee revenue offer will be evaluated in the following manner: a) The responsive proposal with the highest monthly minimum guarantee will be given the maximum points (25 points). b) Every other proposal will be given points proportionately in relation to the highest monthly minimum guarantee. This point total will be calculated by dividing the monthly minimum guarantee of the proposal being evaluated by the highest monthly minimum guarantee with the result being multiplied by the weight (25 points) to arrive at a revenue score of less than the full score for monthly minimum guarantee. Example: Highest Monthly Minimum Guarantee X MONTHLY MINIMUM GUARANTEE OFFERS: Company A $10,000 Company B $7,500 Company C $5,000 12 Total Points for Min. Guarantee = Points Cif of Tamarac Purchasing & Conn tracts Divisio Company A would be assigned 25 points because it proposed the highest monthly minimum guarantee. The ratings of the other proposals would be calculated as follows: Company B: $7,500 divided by $10,000 = .75 x 25 = 18.75 Company C: $5,000 divided by $10,000 = .50 x 25 = 12.50 4. Pre -Award Survey After proposal receipt and prior to contract award, the City reserves the right to perform, or to have performed an on -site survey of the Proposer's facilities. This survey shall serve to verify the data and representations submitted, and to determine that the Proposer has overall management and financial capability adequate to meet the service and other requirements. Should the City determine that the size or nature of the Proposer's facilities or the number or experience of its personnel is not reasonably adequate to insure successful contract performance; the City has the right to reject the proposal. 5. Overall Ranking The Evaluation/Selection Committee will then determine the overall ranking by adding the total Revenue Proposal evaluation score with the Technical Quality score to determine the overall ranking. Following the evaluation and ranking of the proposals, the Evaluation Committee will recommend to the City Manager that a contract be negotiated with the highest ranked responsive and responsible Proposer. Upon concurrence of the City Manager, a contract will be negotiated and submitted to the Board of City Commissioners for their approval. 6. Evaluation Method and Criteria These weighted criteria are provided to assist the Proposers in the allocation of their time and efforts during the submission process. The criterion also guides the Evaluation Committee during the short -listing and final ranking of Proposers by establishing a general framework for those deliberations. Short listed Proposals will be selected for an interview prior to a recommendation being presented to the City Commission. As the best interest of the CITY may require, the right is reserved to reject any and all Proposals or waive any minor irregularity or technicality in Proposals received. Proposers are cautioned to make no assumptions unless their Proposal has been evaluated as being responsive. The successful Proposer shall be required to execute a City contract covering the scope of services to be provided and setting forth the duties, rights and responsibilities of the parties. This contract must be executed by the successful Proposer prior to recommendation of award and presentation to the City Commission. 13 of Tamarac Purchasing & Contracts Division V. GENERAL INFORMATION AND SCHEDULE OF EVENTS For information concerning this Request for Proposal (RFP), contact the City's Purchasing and Contracts Manager, Lynda S. Flurry, at (954) 724-2450. Such contact is to be for clarification purposes only. Material changes, if any, to the scope of services, or Proposal procedures will only be transmitted by written addendum. The schedule of events, relative to the procurement shall be as follows: Event 1. Issuance of Request for Proposals 2. Pre -proposal Conference 3. Opening of Proposals 4. Proposal Evaluations Date (on or by) February 28, 2003 March 12, 2003 March 26, 2003 March 26-April 4, 2003 5, Presentations April 8, 2003 6. Complete Negotiations April 22, 2003 7. Award of Contract May 14, 2003 CITY reserves the right to delay scheduled dates. VI. AWARD OF CONTRACT The contract or contracts shall be awarded to the responsible Offeror(s) whose Proposal(s) is/are determined to be the most advantageous to CITY, taking into consideration the evaluation factors and criteria set forth in the Request for Proposals. Be advised that the CITY is prepared to award individual contracts for each service or multiple services or any other combination of services as CITY deems in its best interests. 14 City of Tamarac Purchasing & Contracts Division INSTRUCTIONS TO OFFERORS STANDARD TERMS AND CONDITIONS RFP 03-1OR DEFINED TERMS Terms used in these Instructions to Offerors are defined and have the meaning assigned to them. The term "Offeror" means one who submits a Proposal directly to CITY as distinct from a Sub -Offeror, who submits a Proposal to the Offeror. The term "Successful Offeror" means the qualified, responsible and responsive Offeror to whom CITY (on the basis of CITY'S evaluation as hereinafter provided) makes an award. The term "CITY" refers to the City of Tamarac, a municipal corporation of the State of Florida. The term "Proposal Documents" includes the Request for Proposals, Instructions to Offerors, Proposal, Qualifications Statement, Non -Collusive Affidavit and Public Entity Crime Statement, Corporate Resolution or Letter of Transmittal, Proposal Security and Specifications, if any, and the proposed Contract Documents, if any, (including all Addenda issued prior to receipt of Proposals). The term "CONSULTANT" shall mean the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. 2. SPECIAL CONDITIONS Any and all Special Conditions that may vary from the General Conditions shall have precedence. 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 Before submitting a Proposal, each Offeror must (a) visit the site to familiarize themselves with the facilities and equipment that may in any manner affect cost, or performance of the work; (b) consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, or performance of the work, (c) study and carefully correlate the Offeror's observations with the Proposal Documents; and (d) notify the Purchasing and Contracts Manager or designee of all conflicts, errors and discrepancies, if any, in the Proposal Documents. 3.2 The Offeror, by and through the submission of a Proposal, agrees that they shall be held responsible for having examined the facilities and equipment; familiarized themselves with the nature and extent of the work and any local conditions that may affect the work to be done and the equipment, materials, parts and labor required. 4. SPECIFICATIONS 4.1 The apparent silence of the Specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. ..... .... .........---- 7: of Tamarac 0 . Purchasing &Contracts division All interpretations of the Specifications shall be made on the basis of this statement. 4.2 For the purpose of evaluation, the Offeror must indicate any variance or exceptions to the stated Specifications, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Offeror meets all the Specifications in every respect. 4.3 Any manufacturers' names, trade names, brand names, information and/or catalog numbers used herein are for the purpose of describing and establishing a general standard of quality, performance and characteristics and are not intended to limit or restrict competition. The Offeror may offer any brand, which meets or exceeds the specifications for any item(s). If a Proposal is based on equivalent products, indicate on the Proposal the manufacturer's name and catalog number. Offeror shall submit with their Proposal complete, descriptive literature and/or specifications. The Offeror should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the specifications and not be considered an exception thereto. The determination of equivalency shall rest solely with the CITY. If Offeror fails to name a substitute, it will be assumed that they are bidding on and they will be required to furnish goods identical to Proposal standards. 5. INTERPRETATIONS AND ADDENDA If the Offeror should be in doubt as to the meaning of any of the Proposal Documents, is of the opinion that the Conditions and Specifications contain errors or contradictions or reflect omissions, or has any question concerning the conditions and specifications, they shall submit a written request directed to the Purchasing and Contracts Manager or designee for interpretation or clarification. Such request must reference the date of Proposal opening and Proposal number and should be received by the Purchasing and Contracts Manager or designee at least ten (10) calendar days before the date of the formal opening of the Proposals. Questions received less than ten (10) calendar days prior to the Proposal opening shall not be answered. Interpretations or clarifications in response to such questions will be issued in the form of written addenda by certified mail, return receipt requested, mailed to all parties recorded by CITY'S Purchasing and Contracts Manager or designee as having received the Proposal Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. 6. COSTS AND COMPENSATION 6.1 Costs and compensation shall be shown in both unit amounts and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extensions or totals, unit amounts shall govern. 16, of Tamarac 0 Purchasin & Contracts division 6.2 All costs and compensation shall remain firm and fixed for acceptance for ninety (9W calendar days after the day of the Proposal opening. 6.3 The costs and compensation proposed shall include all franchise fees, royalties, license fees and other costs arising from the use by such design, equipment and/or materials in any way involved in the work as well as all costs of transporting and service to the required locations. 7. NON -COLLUSIVE AFFIDAVIT FORM Each Offeror shall complete the Non -Collusive Affidavit Form and shall submit the form with the Proposal. CITY considers the failure of the Offeror to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 8. CONFLICT OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Offerors must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of CITY or any of its agencies. Further, all Offerors must disclose the name of any officer or employee of CITY who owns, directly or indirectly, an interest of five percent (5%) or more in the Offeror's firm or any of its branches or affiliate companies. 9. PERFORMANCE BONDS AND INSURANCE Prior to acceptance of the proposal, the Successful Offeror, when required by the Special Conditions, shall submit performance bonds, certificates and/or policies of insurance in the manner, form and amount(s) specified in the Special Conditions. 10. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS The following is a summary of documents, which are attached, MUST to be submitted by the Offerors: a) Proposal b) Offeror's Certification c) Certified Resolution d) Offeror's Qualification Statement e) Non -Collusive Affidavit f) Public Entity Crimes Statement g) Foreign Corporation Statement h) Vendor Drug Free Workplace Statement i) Proof of Insurance of Tamarac 0 Purchasing & Contracts Division 11. SUBMISSION OF PROPOSALS 11.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Offeror must be initialed. 11.2 Proposals must contain a manual signature of the authorized representative of the Offeror. Proposals shall contain an acknowledgment of receipt of all Addenda. The address and telephone number for communications regarding the Proposal must be shown. 11.3 Proposals by corporations must be executed in the corporate name by the President or other corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. 11.4 Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 Proposals shall be submitted at or before the time and at the place indicated in the Request for Proposals and shall be submitted in a sealed envelope (faxed proposals will not be accepted under any circumstances). The envelope shall be clearly marked on the exterior "PROPOSAL FOR BUS BENCH AND SHELTER DESIGN, CONSTRUCTION, INSTALLATION AND MAINTENANCE", and shall state the name and address of the Offeror and shall be accompanied by any other required documents. No responsibility will attach to the Purchasing and Contracts Office for the premature opening of a Proposal not properly addressed and identified. 11.6 In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable state and federal law, the Request for Proposal and the responses thereto are in the public domain. However, the Offerors are requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. 11.7 All Proposals received from Offerors in response to the Request for Proposal will become the property of CITY and will not be returned to the Offerors. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of CITY. 12. MODIFICATION AND WITHDRAWAL OF PROPOSALS 12.1 Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the deadline - ........ ._...-- 78 of Tamarac Purchasing & Contracts Division for submitting Proposals. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so. Evidence of such authority must accompany the request for withdrawal or modification. Withdrawal of a Proposal will not prejudice the rights of an Offeror to submit a new Proposal prior to the Proposal opening date and time. After expiration of the period for receiving Proposals, no Proposal may be withdrawn or modified. 12.2 If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly signed, written notice with CITY and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of CITY by clear and convincing evidence there was a material and substantial mistake in the preparation of its Proposal, or that the mistake is clearly evident on the face of the Proposal but the intended correct Proposal is not similarly evident, then Offeror may withdraw its Proposal and the Bid Security will be returned. Thereafter, the Offeror will be disqualified from further bidding on the subject Contract. 13. REJECTION OF PROPOSALS 13.1 To the extent permitted by applicable state and federal laws and regulations, CITY reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the Successful Offeror, and the right to disregard all nonconforming, non- responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 13.2 CITY reserves the right to reject the Proposal of any Offeror if CITY believes that it would not be in the best interest of the CITY to make an award to that Offeror, whether because the Proposal is not responsive or the Offeror is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. 14. QUALIFICATIONS OF OFFERORS 14.1 Each Offeror shall complete the Qualifications Statement and submit the same with his Proposal. Failure to submit the Qualifications Statement and the documents required thereunder with the Proposal may constitute grounds for rejection of the Proposal. 14.2 As a part of the Proposal evaluation process, CITY may conduct a background investigation, including a record check by the Broward Sheriffs Office of Offeror. Offeror's submission of a Proposal constitutes acknowledgement of the process and consent to such investigation. 14.3 No proposal shall be accepted from, nor will any contract be awarded to, any person, who is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to CITY, or who is deemed irresponsible for unreliable by CITY. EK of Tamarac 0 Purchasing & Contracts Division 14.4 CITY reserves the right to make a pre -award inspection of the Offeror's facilities and equipment prior to award of Contract. 15. INSURANCE 15.1 Contractor agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents, or Subcontractors, if any, with respect to the work and services described herein. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Manager before beginning work under this Agreement. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Contractor shall indemnify and save the City harmless from any damage resulting to it for failure of either Contractor or any Subcontractor to obtain or maintain such insurance. 15.2 The following are required types and minimum limits of insurance coverage, which the Contractor agrees to maintain during the term of this contract: Line of Business/ Coverage Commercial General Liability Including: Premises/Operations Contractual Liability Occurrence Aggregate $1,000,000 $1,000,000 Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability Professional Liability (Errors and $1,000,000 Ommissions) Insurance Builder's Risk Insurance: In an amount not less than THE REPLACEMENT COST for the construction of the work. Coverage shall be "All Risk" coverage for one hundred percent (100%) of the completed value with a deductible of not more than five thousand and xx/100 dollars ($5,000) per claim. 20 Cit of Tamarac Purchasing & Contracts Division The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 15.3 Neither Contractor nor any Subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Contractor will ensure that all Subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. 15.4 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Contractor's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Contractor's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. The Contractor shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Contractor purchase a bond to cover the full amount of the deductible or self -insured retention. If the Contractor is to provide professional services under this Agreement, the Contractor must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability. 15.5 The Successful Contractor agrees to perform the work under the Contract as an independent Contractor, and not as a subcontractor, agent or employee of CITY. PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS. 16. INDEMNIFICATION 16.1 GENERAL INDEMNIFICATION: To the fullest extent permitted by laws and regulations, successful Offeror shall indemnify, defend, save and hold harmless the CITY, its officers, elected officials, agents and employees, from any and all claims, damages, losses, liabilities and expenses, direct, indirect, consequential or inconsequential arising out of or alleged to have arisen out of the products, goods or services furnished by or operations of the Successful Offeror or their subcontractors, agents, officers, employees or independent Contractor pursuant to the Contract, specifically including but not limited to those caused by or arising out of (a) any act, omission or default of the Successful Offeror and/or their subcontractors, agents, servants or employees in the provision of the goods and/or services under 21 of Tamarac 0 Purchasing &Contracts Division the Contract; (b) any and all bodily injuries, sickness, disease or death; (c) injury to or destruction of tangible property, including the loss of use resulting there from; (d) the use of any improper materials; (e) a defective condition in any goods provided pursuant to the Contract, whether patent or latent; (f) the violation of any federal, state, county or municipal laws, ordinances or regulations by Successful Offeror, their subcontractors, agents, servants, independent Contractor or employees; (g) the breach or alleged breach by Successful Offeror of any term, warranty or guarantee of the Contract. 16.2 The Successful Offeror shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 16.3 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful Offeror under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive CITY's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 17. WARRANTIES 17.1 Successful Offeror warrants to CITY that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Offeror is a party. 17.2 Successful Offeror warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 17.3 Successful Offeror warrants to CITY that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 17.4 All warranties made by Successful Offeror together with service warranties and guaranties shall run to CITY and the successors and assigns of CITY. 18, NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Successful Offeror shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The Successful Offeror will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or 22 Citv of Tamarac 0 Purchasing & Contracts Division national original. Such action must include, but not be limited to, the following: employment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Successful Offeror(s) shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 19. TAXES Successful Offeror shall pay all applicable sales, consumer use and other similar taxes required by law. 20. PERMITS, FEES AND NOTICES Successful Offeror shall secure and pay for all permits and fees, licenses and charges necessary for the proper execution and completion of the work. The costs of all permits, fees, licenses and charges shall be included in the price Proposal, except where expressly noted in the specifications requirement. 21. TERMINATION FOR CAUSE AND DEFAULT In the event Successful Offeror shall default in any of the terms, obligations, restrictions or conditions in any of the Proposal documents, CITY shall give written notice by certified mail, return receipt requested to Successful Offeror of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within ten (10) calendar days thereof. In the event Successful Offeror has failed to correct the conditions of default or the default is not remedied to the satisfaction and approval of CITY, CITY shall have all legal remedies available to it, including, but not limited to termination of the Contract in which case Successful Offeror shall be liable for all procurement and reprocurement costs and any and all damages permitted by law arising from the default and breach of the Contract. 22. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to Successful Offeror, CITY may without cause and without prejudice to any other right or remedy, terminate the Agreement for CITY's convenience whenever CITY determines that such termination is in the best interests of CITY. Where the Agreement is terminated for the convenience of CITY, the notice of termination to Successful Offeror must state that the Contract is being terminated for the convenience of CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, Successful Offeror shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and subcontracts except as they may be necessary, and complete any continued portions of the work. 23 Cify of Tamarac _ _ sontracts Division . PurcMasin & C 23. AUDIT RIGHTS CITY reserves the right to audit the records relating to this contract of Successful Offeror at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by CITY. If required by CITY, Successful Offeror shall agree to submit to an audit by an independent certified public accountant selected by CITY. Successful Offeror shall allow CITY to inspect, examine and review the records of Successful Offeror at any and all times during normal business hours during the term of the Contract. 24. ASSIGNMENT 24.1 Successful Offeror shall not assign, transfer or subject the Contract or its rights, title or interests or obligations therein without CITY'S prior written approval. 24.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Offeror and CITY may, at its discretion, cancel the Contract and all rights, title and interest of Successful Offeror shall thereupon cease and terminate. 24 City of Tamarac Contracts Division ..... -- ........ ..... Purchasing &._..._ .. _...__ ........ CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP CORPORATION El OTHER ❑ If "Other", Explain: Authorized Signature Title Company Name City/State/Zip Fax Number Name (Printed Or Typed) Federal Employer I.D./Social Security No. Address Telephone Contact Person Page q of 9 Certification of Tamarac ..... g.. ..............Division _..._._...__................._.....Purchasin & Contracts CERTIFIED RESOLUTION I (Name), the duly elected Secretary of (Name of Corp.), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. ,IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Name of Corp.) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands; expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE Given under my hand and the Seal of the said corporation this (SEAL) By: SIGNATURE day of , 20—. Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 9 Certified Reso/ution of Tamarac Purchasing & Contracts Division OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88t" Avenue Tamarac, Florida 33321 Company: Contact Name: Address: City, State, Zip Telephone No. Fax No. Check One Corporation Partnership Individual 00ther 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name: d) Vice President's name: e) Secretary's name: f) Treasurer's name; g) Name and address of Resident Agent: Page 9 of 5 offeror's Oualification Statement City of Tamarac Purchasing & Contracts Division 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the proposed work? F-1 YES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? F-1 YES ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? El YES El NO Page 2 of 5 Offeror's Qualification Statement Citv of Tamarac & Contracts Division 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 14. State the name of the individual who will have personal supervision of the work: 15. State the name and address of attorney, if any, for the business of the Offeror: 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: Page 3 of 5 Offeror's Qualification Statement City of Tamarac Purchasing & Contracts Division 18. State the name of Surety Company which will be providing the bond, and name and address of agent: 19. Bank References: Bank Address.—----.- Telephone 20. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one? YES NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). --- - .. - — -- - ....._ --- .... ........ ...... ...... -- - Page 4 of 5 offeror's Qualification Statement City of Tamarac Purchasing & Contracts Division The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of County of On this the day of , 20 — , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 5 of 5 Offeror's Qualification Statement of ... Purchasing .. .........................__ .._ .. ... .......... Division f Tamarac _...._.__._._.....,. _._._......... asin & Contracts ...... _ ............. State of County of deposes and says that: 1. 2. 3. 4. 5. NON -COLLUSIVE AFFIDAVIT )ss. He/she is the Representative or Agent) of that has submitted the attached Proposal; being first duly sworn, , (Owner, Partner, Officer, , the Offeror 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; Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness By Printed Name Title Page 1 of 2 Non -Collusive Affidavit City of Tamarac ... g _...... _ ,s Division — -- _ .-- ....................... Purchasing Contract.. -----.. ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 2 of 2 Non -Collusive Affidavit City of Tamarac Division -......._-....__...........__ .— .................. ---._....................Purchasing &....Contracts.... .-...-...-.on VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, 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 workplace, 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 commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, 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 that five (5) days after each conviction. 5. Impose a section 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 form complies fully with the above requirements. Authorized Signature Company Name Page 1 of 1 Drug -Free Workplace of Tamarac Purchasing Division ------ -- ................ ...._, rchasin & Contracts D......_sion REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Page 1 of 7 References 0 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTJL TYPE OF INSURANCEWIT, U11IM"'my GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIA131LITY FIRE DAMAGE (Any one fire f CLAIMS MADE OCCUR MED EXP (An one person) Must Include General Liability PERSONAL BADVINJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO Policy F I project loc AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS - SCHEDULEDAUTOS SAMPLE CERTIFICATE HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY AUTO ONLY - EA ACCIDENT pNY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT E.L. DISEASE - EA EMP E.L. DISEASE - POLICY OTHER Certificate must contain wording similar to what appears below "THE CERTIFICATE HOLDER IS NAMED AS ADDITIONALLY INSURED WITH REGARD TO GENERAL LIABILITY" CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Tamarac AJL 3O DAYS WRITTEN 7525 NW 88th Avenue City Must Be N.-nu:d as Ce:'t11`Icate Bolder LEF`- Tamarac FL 33321 AUTHORIZED REPRESENTATIVE ACORD 25-S (7197) (DACORD CORPORATION 1988 of Tamarac Purchasing & Contracts Division. ......... .. I ........... . . .......... . . . .......... . ........ . ......... it Bus Bench Locations W. Commercial Blvd. - Prospect Rd. -SW corner W. Commercial Blvd. - 2855 Block - North side-FR Willowwood W. Commercial Blvd. - NW 28th Ave -SE corner W. Commercial Blvd. - 2901 Block-FR Burger King W. Commercial Blvd. - NW 29 Ave - Tamarac Lakes Dev. W. Commercial Blvd. - S/SE of Continental Plaza-3300 Block W. Commercial Blvd. - 3511 Block - West side W. Commercial Blvd. - 3660 Block - South side W. Commercial Blvd. - SR441 - NE corner W. Commercial Blvd. - 1 st light west of SR441 - NW corner W. Commercial Blvd. - 2 blocks west of SR441 - W. Commercial Blvd. - Mainland Rd - SE corner W. Commercial Blvd. - 6500 Block - North side W. Commercial Blvd. - West of NW 70 Ave - North Side W. Commercial Blvd. - West of NW 70 Ave - North Side W. Commercial Blvd. - 7300 Block - North Side W. Commercial Blvd. - East of University - North Side W. Commercial Blvd. - East of Pine Island - North Side W. Commercial Blvd.- West of 82 Avenue - North side - W of Bedding Barn NW 64 Ave - 100' N of Commercial Blvd. - West side - Opposite of Stake & Ale NW 64 Ave - N of Commercial Blvd. - East side N. University Dr - NW 58 Street - SE corner N. University Dr - 100' North of Commercial Blvd. - East side N. University Dr - NW 61 Street - SW corner N. University Dr - North of NW 61 Street - 6000 Block - East side N. University Dr - NW 61 Street - 100' north of NE corner N. University Dr - 100' S of NW 64 Street - West side - South of middle entrance Concord Village N. University Dr - 100' N of NW 64 Street - East side N. University Dr - 100' S of NW 64 St - West side-S. of entrance Concord Village N. University Dr - West side - South of McNab Rd N. University Dr - 100' North of McNab Rd - West side N. University Dr - West side - 7301 Block - Opposite Piccadilly cafeteria N. University Dr - NW 76 St - East side - near school crossing bridge Rock Island R. - Commercial Blvd. - NE corner Pine Island Rd - N of Commercial Blvd - East side Pine Island Rd - West side - N. of 81 street - Union Planters Bank Nab Hill Rd - West side - S of McNab Rd Nob Hill Rd - Westwood Dr - NE corner N Pine Island Rd - N of Southgate Blvd - East side North SR 7 - NW 49 St - NE corner - in front of Dunkin Donuts North SR 7 - 300' South of Commercial Blvd - West side North SR 7 - 100' South of Commercial Blvd - West side - in front of IHOP North SR7 - 5300 Block - West side - in front of Commercial Plaza North SR 7 - 200' South of Prospect Rd - 5400 Block - in front of Lakeside Plaza Page 1 of 3 of Tamarac ....... .... Contracts Division ---.....-_....................._._Purchasing&...Contr.........._.-........_-..........................-.-.... Bus Bench Locations (con't). North SR 7 - Prospect Rd - SW corner McNab Rd - NW 70 Ave - NE corner McNab Rd - NW 70 Ave - NW corner McNab Rd - 7201 Block - North Side - First Union McNab Rd - 1/4 Mi. East of University Dr - South side McNab Rd - E. of University Dr - NE corner - Brookwood Blvd. McNab Rd - 1/4 Mi. East of University Dr - South side-w/bench McNab Rd - 1 Block west of University Dr - South side McNab Rd - 100' West of University Drive - North west corner McNab Rd - Universtiy Drive - NW corner McNab Rd - NW 80 Ave - Opposite Concorde Village - North side McNab Rd - 1 Block west of Lagos de Campo Blvd. - South side McNab Rd - 8333 Block - North side - NE corner of Colony Center McNab Rd - Pine Island Rd - 100 yards E. of SE corner on McNab McNab Rd - 150' West of Pine Island Rd - North side McNab Rd - NW 94 Ave - South side W. Commercial Blvd - 441-NW corner W. Commercial Blvd - 150' west of NW 49th Ave - North side W. Commercial Blvd - North side - 150' west of Woodlands Ave W. Commercial Blvd - NW 64th Ave - NE corner - east bench W. Commercial Blvd - 200' west of University Drive - North side W. Commercial Blvd - 1 00'west of NW 79th Ave - North side W. Commercial Blvd - 100' west of 82nd Ave- North side -Bedding Barn W. Commercial Blvd - 100' east of 91 st Ave - North side W. Commercial Blvd - 100' west of 94th Ave - North side W. Commercial Blvd - 1000'East of Nob Hill Rd - North side - @ bus pull over Nob Hill Rd - 100'South of 81st St - East side Nob Hill Rd - 81 st St - West side Nob Hill Rd - 1 00'south of Nob Hill Circle - West side Nob Hill Rd - 80th and 81 st St - East side Nob Hill Rd - Nob Hill Circle - East side Nob Hill Rd - 100' south of 80th - West side Nob Hill Rd - McNab Rd - NW corner W. Commercial Blvd - Sunshine Plaza - NW corner Page 2 of 3 of Tamarac ,_... Purchasing &Contracts Division Bus Shelter Locations 7010 University Dr - McNab Road - East side 7200 University Dr. - In front of Piccadilly Cafe - East side 7800 University Dr - In front of Kidney Center - East side 7912 University Dr - Tropical Plants Business - East side 8290 University Dr - First Medical Bldg. - East Side 2340 University Dr - Southgate Blvd. - East Side 7825 Southgate Blvd - University Drive - North side 8299 University Dr - Amoco Station - West side 7707 University Drive - Woodmont - West side 5000 Commercial Blvd - Sabal Palm - South side 4999 Commercial Blvd - Sabal Palm - North side 5825 University Drive - Midway Plaza - West side McNab Rd - NW 93 Ave - South side 5703 University Dr - Midway Plaza - West side 9910 McNab Rd - Nob Hill Rd - North side 5369 SR 7- West side 9910 McNab Rd - Nob Hill Rd - South side 4102 Commercial Blvd. - W of SR 7 - South side 8161 University Dr - University Club Apts. - West side 6799 University Drive - McNab Rd - West side 8245 NW 88 Ave - East side 8600 NW 88 Ave - East side 8275 NW 88 Ave - West side 8759 NW 57 St - North side 7911 NW 57 St - North side 6734 University Drive - McNab Rd - East side SE Corner of Commerical Blvd -State Road 7--fronting Commercial Blvd. Page 3 of 3 No Text LL {0 afwllw- vm n N � y � m cn � V ^ m � C) 0 p u fJ — eawulf• �w M e z VJ �, 0 N @ r+ w o U � a �Icnacn m i � v J Z r F C .. V_, CO co V ca r -.90-2 E �'�( A I b \V T ,y Fc J i � .'l y. ?,-Lam.} �• .r J � N•Il 1 J M ` Y �.. ----..-.w...... µw---fir•-� Average Daily Ridership Statistics for the Municipality of Tamarac - 2001 Routes Daily Daily Loc. ID Description Served Boardin s Ali htin s 193 UNIV DR/NW 58 S 2 0.00 23.00 194 UNIV DR/NW 61 S 2 0.00 0.00 195 UNIV DR/NW 64 S 2 0.00 0.00 196 UNIV DR/MCNAB RD (S) 2 0.00 46.67 197 UNIV DR/MCNAB RD (N) 2,57 61.77 51.48 198 UNIV DR/NW 72 S 2,57 12.36 12.36 199 UNIV DR/#7910 2 0.00 23.33 200 UNIV DR/SLATE B 2 0.00 0.00 250 UNIV DR/NW 78 S 2 0.00 11.67 251 UNIV DR/MCNAB RD 2 116.67 35.00 252 UNIV DR/MCNAB RD 2 105.00 11.67 253 UNIV DR/NW 61 S 2 0.00 0.00 254 UNIV DR/NW 57 S 2 23.33 105.00 1271 441/LAKESIDE DR 18 34.00 30.00 1272 441 /NW 53 ST 18 24.00 4.00 1273 441/COMM BLVD 18 106.00 54.00 1676 COMM BLVD/PROSPECT RD 55 4.28 3.67 1682 COMM BLVD/NW 47 T 55,57 10.55 9.17 1683 COMM BLVD/NW 49 AVE 55,57 1.83 3.06 1684 COMM BLVD/NW 70 AVE 55,57 1.22 20.02 1685 MCNAB/WESTWOOD B E 62 0.60 0.00 1686 MCNAB RD/NW 84 AVE 62 0.00 0.00 1687 MCNAB RD/SNNLAND BNK 62 2.40 1.20 1693 COM B/NW 31 A 55 13.44 20.78 1694 COM B/NW 29 A 55 6.11 4.89 1695 COM B/NW 28 A 55 2.44 1.83 1696 COM B/NW 26 T 55 1.83 2.44 1697 COM B/PROSPECT R 55 8.56 1.83 2223 PROSPECT R/NW 26 A 11 0.00 0.00 2224 PROSPECT R/NW 27 A 11 0.00 0.00 2225 PROSPECT R/ NW 28 A 11 0.00 0.00 2228 PROSPECT R/NW 28 A 11 2.56 1.28 2229 PROSPECT R/NW 27 A 11 0.00 0.00 2230 PROSPECT R/NW 26 A 11 0.00 0.00 2255 RK IS RD/COM BLVD 57 1.38 0.69 2256 RK IS RD/SBL PLM B 57 4.13 1.38 2262 NW 64 AVE/NW 57 CT 57 0.00 0.00 2263 WSTWD D/NW 74 C 62 6.00 0.60 2264 WSTWD D/NW 97 A 62 0.00 0.00 2265 WSTWD D/NW 100 A 62 7.80 1.20 2266 NW 70 AVE/NW 74 PL 57 0.00 0.00 Tamarac Boarding and Alighting 2001.xls Page 1 Average Daily Ridership Statistics for the Municipality of Tamarac - 2001 Routes Daily Daily Loc. ID Description Served Boardin s Ali htin s 2267 NW 70 AV/NW 71 ST 57 1.38 0.00 2268 NW 64 AV/NW 57 CT 57 0.69 0.00 2269 NW 64 AV/NW 24 ST 57 0.00 1.38 2270 NW 64 AWBAILEY RD 57 5.50 3.44 2271 BAILEY RD/NW 61 ST 57 1.38 1.38 2427 441 /#4699 18 32.00 28.00 2517 NW 64 AWCOMM BLVD 57 2.75 4.81 2528 PRSPCT RD/CHURCH 11 23.04 0.00 2533 NW 77 ST/NOB HILL RD 62 2.40 2.40 2595 PN ISLAND RD/MCNAB RD 88 0.55 1.10 2803 COMM B/441 11, 55, 57 14.29 68.38 2805 MCNAB RD/NW 70 62 5.40 4.80 2806 NW 76 ST/UNIV DR 57 0.00 2.06 2807 NW 76 ST/NW 72 AVE 57 0.69 0.69 2808 NW 76 ST/NW 70 AVE 57 0.00 0.00 2809 MCNAB RD/BRKWD BLVD 57,62 4.98 15.69 2810 BAILEY RD/SHAKER VL 57 2.06 2.06 2811 COMM BLVD/NW 73 AVE 65,57 0.61 5.50 2812 MCNAB RD/LIME BAY L 62 7.80 0.60 2827 MCNAB RD/NW 100 AVE 62 9.60 1.20 2828 MCNAB RD/UNIV DR 62 5.40 21.00 2829 MCNAB R/BRKWD DR 62 4.20 1.20 2870 MCNAB RD/UNIV DR 57,62 22.55 48.95 2871 MCNAB RD/SNNLND BANK 57,62 0.00 0.00 2872 MCNAB RD/NW 84 AVE 57,62 0.60 0.60 2873 MCNAB RD/SHOPS-TMRC 57,62 6.09 12.44 2874 MCNAB RD/NW 94 AV 62 0.60 1.20 2875 WSTWD DR/NW 99 AV 62 0.00 1.20 2876 WSTWD DR/NW 97 AV 62 1.20 0.00 2877 WSTWD DR/NW 74 C 62 3.00 2.40 2878 SGTE B/NOB HILL RD 62 0.00 4.20 2879 SGTE B/NW 93 A 62 0.60 0.60 2883 MCNAB RD/UNIV DR 62 34.80 7.80 2884 MCNAB RD/LAGOS-CAMPO 57,62 5.75 6.60 2885 MCNAB RD/NW 89 AVE 57,62 0.60 3.78 2936 CRL SPR DR/SGTE B 88 8.77 2.19 2937 SGTE B/CRL SPR D 62 5.40 3.00 2938 SGTE B/NW 93 A 62 2.40 1.20 2939 SGTE B/NW 95 A 62 0.00 0.00 2940 SGTE B/NW 91 T 62 0.60 1.20 2990 MCNAB RD/NW 98 AV 62 1.20 0.60 Tamarac Boarding and Alighting 2001.xls Page 2 Average Daily Ridership Statistics for the Municipality of Tamarac - 2001 Routes Daily Daily Loc. ID Description Served Boardin s Ali htin s 2991 MCNAB R/SW 83 AV 62 3.00 4.20 2992 MCNAB RD/NW 70 AV 57,62 3.26 6.00 2993 MCNAB RD/BRK PLAZA 57,62 0.00 9.00 3006 MCNAB RD/NW 94 AV 62 3.60 0.60 3011 SGTE B/NW 95 A 62 0.00 0.00 3021 BAILEY RD/NW 55 LN 57 0.00 0.00 3204 UNIV DR/NW 78 S 2 35.00 0.00 3205 UNIV D/NW 82 S 2 11.67 0.00 3207 UNIV DR/NW 82 S 2 46.67 0.00 3208 UNIV DR/UNIV CL APT 2 0.00 0.00 3209 UNIV DR/NW 72 S 2 11.67 0.00 3222 UNIV DR/NW 57 ST 2 46.67 35.00 3223 UNIV DR/#6000 2 0.00 0.00 3228 UNIV DR/CNCRD VL 2 11.67 0.00 3229 UNIV DR/OVERPASS 2 0.00 0.00 3230 UNIV DR/STHGT B 2 0.00 0.00 3231 UNIV DR/CNCRD VL 2 0.00 0.00 3232 UNIV D/NW 58 S 2 23.33 23.33 3245 SGTE B/NW 91 T 62 0.60 0.60 3250 NOB HILL/SGTE B 62 3.00 0.00 3251 WSTWD D/NW 77 S 62 4.20 2.40 3252 WSTWD D/NW 77 S 62 2.40 4.80 3253 NW 77 ST/KINGS PT 62 0.00 3.00 3270 NW 77 ST/NW 96 A 62 1.80 3.00 3323 MCNAB RD/PN IS RD 57,62 2.49 15.00 3324 NW 64 AVE/COMM BLVD 57 1.38 1.38 3325 COMM BLVD/NW 66 T 55,57 1.30 8.10 3326 NOB HILL RD/NW 81 ST 62 6.00 4.20 3388 441/SNSHN PLZ EN 18 48.00 18.00 3392 MCNAB RD/NOB HILL R 62 0.60 12.00 3482 PRSPCT RD/NW 52 S 11 0.00 2.56 3571 BAILEY RD/BNYN LK EN 57 2.75 0.00 3637 MCNAB RD/SHOPS-TMRC 62 4.80 7.20 3710 NOB HILL RD/NOB HILL CT 62 1.80 0.60 3711 NOB HILL RD/NOB HILL CT 62 0.60 9.00 3756 PN IS RD/MCNAB RD 88 2.74 0.00 3773 PRSPCT RD/COMM BLVD 11 15.36 8.96 3774 PRSPCT RD/OAK TREE 11 3.84 1.28 3775 NW 21 AV/PRSPCT RD 11 5.12 2.56 3888 SR 7/COMM BLVD 11 17.92 24.32 4010 NW 77 ST/NW 97 AVE 62 3.00 0.00 Tamarac Boarding and Alighting 2001.xls Page 3 Average Daily Ridership Statistics for the Municipality of Tamarac - 2001 Routes Daily Daily Loc. ID Description Served Boardin s Ali htin s 4011 MCNAB RD/PN IS RD 62 3.60 3.00 4023 WSTWD D/NOB HL R 62 3.60 7.80 4025 NW 64 AV/#5830 57 N/A N/A 4110 COMM B/NW 50 AV 55,57 4.28 9.39 4111 COM B/UNIV DR 55,57 3.13 36.82 4112 NW 76 ST/NW 73 T 57 0.00 0.00 4326 NW 57 S/NW 79 AV 57 3.44 4.81 4327 NW 57 ST/NW 82 AV 57 0.00 0.69 4328 NW 57 ST/NW 84 T 57 0.69 0.00 4329 NW 57 ST/NW 87 AV 57 0.00 0.69 4330 NW 57 ST/NW 87 AV 57 0.00 0.00 4331 NW 57 ST/PINE IS RD 57 1.38 0.69 4332 PINE IS RD/#5902 57,88 1.24 0.69 4333 NW 61 ST/NW PINE IS RD 57 0.00 2.06 4334 NW 61 ST/NW 84 T 57 2.06 1.38 4335 NW 84 T/LAGOS-CAMPO 57 0.00 0.00 4336 LAGOS-CAMPO/SND PT B 57 4.13 1.38 4337 LAOS-CAMPONRSLLS G 57 0.69 0.00 4339 MCNAB/LAGOS-CAMPO 57,62 5.40 2.40 4343 MCNAB/NW 95 T 57,62 1.80 1.80 4344 MCNAB/NW 98 AV 57 0.00 2.06 4345 NOB HILL RD/MCNAB 57 2.06 8.94 4346 NOB HILL RD/NW 67 ST 57 0.00 2.06 4347 NOB HILL RD/PLUM BAY 57 0.00 0.69 4351 MCNAB RD/NW 92 AV 57,62 4.29 4.29 4352 MCNAB RDIWESTWOOD B 57 0.00 4.13 4353 COMM B/UNIV DR 55,57 14.52 54.39 4610 COMM B/SR 7 55,57 82.35 47.06 4777 BAILEY RD/WOODLND B 57 2.06 2.75 4782 COMM B/NOB HILL RD 55,57 5.50 1.38 5033 RK IS RD/BAILEY 57 0.69 2.06 5034 RK IS RD/SPRNG HOUSE 57 0.00 2.06 5035 COMM B/NW 50 AV 55,57 11.31 3.82 5036 COMM B/NW 49 AV 55,57 1.30 0.00 5037 COMM B/NW 47 TR 55,57 8.02 10.55 5064 COMM B/RK IS R 55 2.44 4.28 5065 COMM B/WDLD B 55 4.89 4.89 5066 COMM B/NW 57 W 55 3.67 4.89 5067 COMM B/NW 58 W 55 3.67 4.28 5068 COMM B/WHITE OAK L 55 1.22 3.06 5069 COMM B/NW 64 AVE 55 4.89 11.61 Tamarac Boarding and Alighting 2001.xis Page 4 Average Daily Ridership Statistics for the Municipality of Tamarac - 2001 Routes Daily Daily Loc. ID Description Served Boardin s Ali htin s 5070 COMM B/NW 79 A 55 0.00 5.50 5071 COMM B/NW 82 AVE 55 0.61 1.22 5072 COMM B/NW 84 T 55 0.00 0.00 5073 COMM B/TMRC COM CTR 55 0.00 2.44 5074 COMM B/PINE IS RD 55 1.22 11.00 5075 COMM B/NW 91 AVE 55 0.61 3.06 5076 COMM B/NW 94 AV 55 0.00 5.50 5077 COMM B/SNRS MUSIC T 55 0.00 1.83 5090 COMM B/#6701 55 9.78 0.61 5091 COMM B/#6510 55 1.22 0.61 5092 COMM B/NW 64 AVE 55 17.11 9.78 5093 COMM B/WHITE OAK L 55 3.06 3.06 5094 COMM B/BANYAN L 55 6.72 4.28 5095 COMM B/WDLD B 55 1.22 3.06 5096 COMM B/RK IS R 55 6.11 2.44 5097 COMM B/MNLD D 55 29.33 50.11 5098 COMM B/SR 7 55 84.94 6.72 5099 COMM B/NW 37 A 55 12.83 1.22 5110 PRSPCT R/NW 53 ST 11 1.28 2.56 5130 PN IS R/NW 81 ST 88 5.48 0.00 5131 PN IS R/NW 79 ST 88 1.65 1.10 5132 PN IS R/NW 78 ST 88 1.10 0.55 5133 PN IS R/NW 77 ST 88 1.65 1.10 5134 PN IS R/TMRAC CITY HALL 88 0.55 0.00 5135 PN IS R/WOODMONT A 88 1.10 0.00 5136 PN IS R/NW 70 S 88 4.39 1.65 5137 PN IS R/NW 67 C 88 1.10 0.00 5138 PN IS R / PARADISE D 88 0.00 0.00 5139 PN IS R/NW 58 ST 88 2.74 0.55 5167 SGTE B/PN IS R 62 0.60 3.00 5188 PN IS R/COMM B 88 3.29 2.74 5190 PN IS R/NW 61 S 88 1.10 0.55 5191 PN IS R/COLONY WEST 88 1.10 1.65 5192 PN IS R/WOODMONT A 88 1.65 4.94 5193 PN IS R/CITY HALL 88 0.00 0.55 5194 PN IS R/NW 77 ST 88 3.29 6.58 5195 PN IS R/AZALEA C 88 0.55 3.84 5315 COMM B/BLUEJK OAK CIR 55 1.83 0.61 5327 COMM B/NOB HILL D 55 0.00 4.89 5329 PN IS R/MCNAB RD 88 0.55 3.84 5333 PRSPCT R/HENDERSON 11 7.68 0.00 5359 COMM B/PINE IS RD 55 N/A N/A Tamarac Boarding and Alighting 2001.xls Page 5 Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NUMBER 1 RFP NO. 03-10R BUS BENCH AND SHELTER DESIGN, CONSTRUCTION, INSTALLATION AND MAINTENANCE DATE OF ADDENDUM: MARCH 12, 2003 Proposers are hereby notified that this Addendum shall be made part of the above named Request for Proposal document. The following information responds to questions from the mandatory Pre - Proposal Meeting held on March 12, 2003. Please note the following changes to the Request for Proposals: 1. RFP 03-10R Page 5 Section I. Purpose, Background, Term and Scope of Service. Subsection C.,. Term: "The term of the contract that may be awarded as a result of this Request for Proposal is"...: a. for bus shelters, the term shall be for a period up to ten (10) years, with an option to renew for one (1) extension period of five (5) years. b. For bus benches, the term shall be for a period of sixty (60) months (5 years), with an option to renew for one (1) extension period of sixty (60) months (5 years). 2. RFP 03-10R Page 9 Section II Shelter and/or Bench S 12ecifications, Subsection C., Advertisements Item 4: "The Contractor shall make available up to five (5) non -advertising shelters"...: a. This changes to "up to two (2) non -advertising shelters"... 3. RFP 03-10R Page 11 Section III Proposal Requirements, Item 4 Proposal Copies: ..."to the attention of Lynda S. Flurry, CPPO, Purchasing and Contracts Manager." a. This changes to "to the attention of James Nicotra, Senior Procurement Specialist." All other requirements included in the RFP shall remain the same. If you have any questions regarding this addendum, please call (954) 724-2450. James Nicotra, CPPB Senior Procurement Specialist 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 IN (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tamarac.org Equal Opportunity Employer Page Two Addendum #1 RFP 03-1 OR March 12, 2003 Please sign below and submit this addendum with your proposal. Company Name Authorized Signature Date RFP 03-1 OR 2 Addendum #1 -L OF TA - �, City of Tamarac " "Committed to Excellence... Always" �<pR� Purchasing and Contracts Division ADDENDUM NO. 2 RFP NO. 03-10R BUS BENCH AND SHELTER DESIGN, CONSTRUCTION, INSTALLATION AND MAINTENANCE DATE OF ADDENDUM: MARCH 25, 2003 Proposers are hereby notified that this Addendum shall be made part of the above named Request for Proposal document. The following RFP specified document forms were omitted from the RFP. 1. Public Entity Crimes Statement 2. Foreign Corporation Statement NOTE: The attached forms should be submitted with your RFP; however, said forms must be submitted within 4 days of the City's request. All other requirements included in the RFP shall remain the same. Submittal date of Wednesday, March 26, 2003 by 2:00 pm remains the same. If you have any questions regarding this addendum, please call (954) 724-2450. James Nicotra, CPPB Senior Procurement Specialist 7525 NW 88th Avenue a Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tomarac.org Equal Opportunity Employer Page Two Addendum #1 RFP 03-1 OR March 12, 2003 Please sign below and submit this addendum with your proposal. Company Name Authorized Signature Date RFP 03-1 OR 2 Addendum #1 of Tamarac 0 Purchasing & Contracts Division SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 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. to the City of Tamarac for 2. This sworn statement is submitted by (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) (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) My relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(9), 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, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner 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 has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. of Tamarac -e Purchasing & Contracts Division 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led 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 information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ❑ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ❑ 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 the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (Date) of Tamarac ACKNOWLEDGMENT State of Florida County of purchasing & Contracts Division On this the day of , 2003, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath City of Tamarac Purchasing ..........._----...._._... ..._._.._._.................... . __.._.Amk _.—.......urchasm . ,& Contracts vision FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM DEPARTMENT OF STATE CORPORATE CHARTER NO. If your corporation is exempt from the requirements of Section 607.1501, Florida Statutes, YOU MUST CHECK BELOW the reason(s) for the exemption. Please contact the Department of State, Division of Corporations at (850) 245-6051 for assistance with corporate registration or exemptions. 607.1501 Authority of foreign corporation to transact business required. (1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department of State. (2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1): ❑ (a) Maintaining, defending, or settling any proceeding. ❑ (b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs. ❑ (c) Maintaining bank accounts. ❑ (d) Maintaining officers or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositaries with respect to those securities. ❑ (e) Selling through independent contractors. ❑ (f) Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise, if the orders require acceptance outside this state before they become contracts. ❑ (g) Creating or acquiring indebtedness, mortgages, and security interests in real or personal property. ❑ (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts. ❑ (i) Transacting business in interstate commerce. EJ (j) Conducting an isolated transaction that is completed within 30 days and that is not one in the course of repeated transactions of a like nature. [] (k) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state or voting the stock of any corporation which it has lawfully acquired. [] (1) Owning a limited partnership interest in a limited partnership that is doing business within this state, unless such limited partner manages or controls the partnership or exercises the powers and duties of a general partner. ❑ (m) Owning, without more, real or personal property. (3) The list of activities in subsection (2) is not exhaustive. (4) This section has no application to the question of whether any foreign corporation is subject to service of process and suit in this state under any law of this state. Please check one of the following if your firm is NOT a corporation: (1) ❑ Partnership, Joint Venture, Estate or Trust (II) ❑ Sole Proprietorship or Self Employed NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or II above. If you do not check I or II above, your firm will be considered a corporation and subject to all requirements listed herein. BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER Page 1 of 1 Foreign Corporations Statement Purchasing and Contracts Division ADDENDUM NUMBER 1 RFP NO. 03-1OR BUS BENCH AND SHELTER DESIGN, CONSTRUCTION, INSTALLATION AND MAINTENANCE DATE OF ADDENDUM: MARCH 12, 2003 Proposers are hereby notified that this Addendum shall be made part of the above named Request for Proposal document. The following information responds to questions from the mandatory Pre - Proposal Meeting held on March 12, 2003. Please note the following changes to the Request for Proposals: 1. RFP 03-10R, Page 5, Section I. Purpose, Background. Term and Scope of Service, Subsection C., Term: "The term of the contract that may be awarded as a result of this Request for Proposal is"...: a. for bus shelters, the term shall be for a period up to ten (10) years, with an option to renew for one (1) extension period of five (5) years. b. For bus benches, the term shall be for a period of sixty (60) months (5 years), with an option to renew for one (1) extension period of sixty (60) months (5 years). 2. RFP 03-10R, Page 9, Section II, Shelter and/or Bench „Specifications, Subsection C., Advertisements, Item 4: "The Contractor shall make available up to five (5) non -advertising shelters"...: a. This changes to "up to two (2) non -advertising shelters"... 3. RFP 03-1 OR, Page 11, Section III, Proposal Requirements, Item 4, Proposal C_opies:..."to the attention of Lynda S. Flurry, CPPO, Purchasing and Contracts Manager." a. This changes to "to the attention of James Nicotra, Senior Procurement Specialist." All other requirements included in the RFP shall remain the same. If you have any questions regarding this addendum, please call (954) 724-2450. James Nicotra, CPPB Senior Procurement Specialist 7525 NW 88th Avenue m Tamarac, Florida 33321-2401 a (954) 724-2450 w Fax (954) 724-2408 ■ vwvw.tamarac.org Equal Opportunity Employer Page Two Addendum #1 RFP 03-1 OR March 12, 2003 Please sign below and submit this addendum with your proposal. Company Name Authorized Signature Date Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NO.2 RFP NO. 03-10R BUS BENCH AND SHELTER DESIGN, CONSTRUCTION, INSTALLATION AND MAINTENANCE DATE OF ADDENDUM: MARCH 25, 2003 Proposers are hereby notified that this Addendum shall be made part of the above named Request for Proposal document. The following RFP specified document forms were omitted from the RFP. 1. Public Entity Crimes Statement 2. Foreign Corporation Statement NOTE: The attached forms should be submitted with your RFP; however, said forms must be submitted within 4 days of the City's request. All other requirements included in the RFP shall remain the same. Submittal date of Wednesday, March 26, 2003 by 2:00 pm remains the same. If you have any questions regarding this addendum, please call (954) 724-2450. James Nicotra, CPPB Senior Procurement Specialist 7525 NW 88th Avenue a Tamarac, Florida 33321-2401 w (954) 724-2450 e Fax (954) 724-2408 a www,tamorac.org Equal Opportunity Employer Page Two Addendum #1 RFP 03-1 OR March 12, 2003 Please sign below and submit this addendum with your proposal. Company Name Authorized Signature Date F TR 10165 Attachment 1 City of Tainatac 6 Purchasing and Contracts Division r-1WIN441 A1:4:11 BETWEEN THE CITY OF TAMARAC AND STREET FURNITURE ADVERTISING GROUP, INC. THIS AGREEMENT is made and entered into this c2.5 day of,1uk, 20 CL3 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Street Furniture Advertising Group, Inc., a Florida corporation with principal offices located at 4040 N. 29th Avenue, Hollywood (the "CONTRACTOR") to provide for Bus Shelter Design, Construction, Installation and Maintenance, pursuant to RFP No. 03-1 OR. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and CONTRACTOR agree as follows: 1. THE CONTRACT DOCUMENTS The contract documents consist of this Agreement, conditions of the RFP No. 03- 10R set forth in Exhibit 1, attached hereto and incorporated herein as if set forth in full, (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as if fully a part of the Agreement as if attached to this Agreement or repeated therein. This agreement shall supersede any conflicting terms and conditions included in RFP No. 03-1OR. 2. TERM The initial term of this Agreement shall be for a Ten (10) year period commencing on July 3, 2003 and ending July 2, 2013. CONTRACTOR shall begin installation of shelters not later than ninety (90) days from execution of agreement or on a space available basis. CITY shall have the sole option to renew this Agreement for one (1) additional five (5) year term. Written notice of the CITY's intent to renew shall be provided to CONTRACTOR one hundred twenty (120) days prior to the expiration of this Agreement. 3. TERMINATION This Agreement may be terminated by CITY or CONTRACTOR for cause or by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the CONTRACTOR shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify the city against loss pertaining No Text City of 7-0marac Purchasing and Contracts Division `• _ --- =------- to this termination. Default by CONTRACTOR: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure. 4. THE WORK The CONTRACTOR shall perform all work for the CITY as set forth in CONTRACTOR's proposal and as required by the contract documents as set forth below: a) CONTRACTOR shall furnish all labor, materials, and equipment necessary to install and maintain bus shelters at public transit stops within the City limits. b) CONTRACTOR shall have the exclusive right to construct, erect, install, repair and maintain public bus shelters at no cost to the CITY, and to place such shelters at locations on public property or within the public right-of-way approved by the CITY. The shelters shall remain the sole property of the CONTRACTOR and must be removed within sixty (60) days of termination of this Agreement. Upon termination of this Agreement, the CONTRACTOR shall no longer possess the right to maintain, operate or install shelters within the City .The CITY has approved placing and/or replacing shelters at the locations set forth in Exhibit "A" to this Agreement. Placement of shelters at additional locations are subject to the approval and/or direction of the City. All locations shall be public transit stops. All locations and shelter installations must conform to federal, state, county and municipal laws, ordinances and rules and regulations, including but not limited to the American's With Disabilities Act, and have the approval of the CITY prior to installation of the shelters in accordance with the provisions of this Agreement. CONTRACTOR shall have the sole responsibility, at its sole cost expense, to obtain all necessary local, county, state and federal permits. All shelters shall be located within twenty-five (25) feet of a bus stop. Only one (1) shelter is permitted at a bus stop, unless agreed by CITY and CONTRACTOR that it is necessary to have more than one shelter at a location. There shall not be an advertising bus bench allowed at the same transit location as a permitted bus shelter. It is not the intent of the CITY to allow unrestricted advertising. c) All shelters shall be constructed of top grade materials and conform to the Florida Building Code as well as all applicable state, county and municipal codes, as described in the specifications and model as set forth in Exhibit "B" to this Agreement, attached hereto and incorporated herein as if set forth in full. The CONTRACTOR shall obtain all necessary permits for all shelter construction. However, the City shall cooperate with the CONTRACTOR on permitting to the fullest extent possible and in accordance with the Florida Building Code and State Statutes. d) The CONTRACTOR shall install new shelters at all locations, as specified in Exhibit "A". CONTRACTOR shall install a minimum of five shelters per month. Shelter locations and order of replacement to be agreed upon between the CITY and CONTRACTOR. No Text City of Tamarac Pwc haswy and Contracts Vivision The CONTRACTOR shall not be responsible for the removal of the existing bus shelters installed by the previous bus shelter contractor; nor shall the CONTRACTOR be responsible for removing any previous improvements, concrete pads or any other additions utilized for the benefit of the previous bus shelter contractor. e) The CONTRACTOR shall at its sole cost and expense maintain all such shelters in good and serviceable condition during the entire term of this Agreement. Each shelter shall be routinely visited for maintenance a minimum of every three days. Each shelter and associated pad shall be power washed as needed however on a minimum of one time per year. The CITY reserves the right to periodically inspect such shelters to determine their condition. The CONTRACTOR shall remove, replace or recondition, to the satisfaction of the CITY, any shelters, which the CITY determines, are not at an approved location or no longer in good or serviceable condition. The style and construction of any replacement shelters shall be the same as the shelter replaced, unless prior written CITY approval is received. In the event CITY inspects and determines that shelter is in need of cleaning or maintenance, CITY shall notify CONTRACTOR who shall perform maintenance within 2 business days. This section shall supercede any conflicting terms and conditions included in RFP No. 03-10R. f) CONTRACTOR shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. CONTRACTOR shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. CONTRACTOR shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the CONTRACTOR's expense. g) CONTRACTOR shall provide the CITY with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. h) CONTRACTOR shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the CONTRACTOR, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 5. REPAIR/REPLACEMENT/REMOVAL In the event the CITY shall determine that a shelter should be repaired or replaced, or constitutes unrestricted advertising in the CITY's sole opinion, or that a shelter does not comply with this Agreement, it shall give the CONTRACTOR notice, identifying the exact location of the shelter and corrective measure to be taken. a) CONTRACTOR shall repair, replace, remove the shelter or take corrective No Text City of Tamarac F 'reusing and Conttacts Division measures specified by CITY within two (2) business days of receipt of such notice. b) In the event the CITY determines that a shelter or advertisement within a shelter, constitutes a hazard to persons, pedestrians, property or vehicular traffic or seriously disrupts the public right-of-way, the CITY shall notify CONTRACTOR who shall remove the shelter or advertisement immediately upon receipt of - notice, but no longer than two (2) business days from receipt of verbal or written notification, whichever occurs first. c) In the event the CONTRACTOR fails to repair, replace or remove the shelter within the above -specified periods, the CITY shall have the right to repair, replace or remove and store the shelter at the expense of the CONTRACTOR. d) If a shelter is to be removed under this provision, it may be moved to another location agreed upon between the CITY and CONTRACTOR. e) Upon termination CONTRACTOR shall have sixty (60) days to remove shelters. Upon expiration of sixty (60) days CITY shall have the option to remove and store shelters at CONTRACTORS expense. After sixty (60) days storage CITY shall have the option to dispose of shelters at CONTRACTORS expense. GG�JJ_11►1921►.1_1►103t It will be the CONTRACTOR' responsibility, at CONTRACTOR' expense, to maintain the shelter site and surrounding area for a minimum distance of ten (10) feet from the shelter to insure that the site is free of trash, high grass, weeds or other rubbish, fumigating the shelter as needed. Trash receptacles shall be located at all shelter sites; the "CONTRACTOR" will provide trash pick up and disposal at no cost to City. Collection and disposal service to be provided by CONTRACTOR on at a minimum one time per week or on a more frequent basis as determined by the City. 7. REPAIR/REPLACEMENT OF PUBLIC/PRIVATE PROPERTY The CONTRACTOR shall repair or replace all structures or facilities on public or private property, which may have been damaged during construction, operation or removal of bus shelters owned by the CONTRACTOR. The work shall include but not be limited to sidewalks, driveways, posts, poles, walls, fences, gates, footing, trees, shrubs, lawns, sprinklers, curbs, gutters, utilities (both overhead and underground), manholes, catch basins, inlets, parkways, parkway drains, street surfaces, and landscaping in the parkway areas. The work shall include furnishing and replacing planting soil, trees, shrubs, grass sod and other ground cover planting as required to conform to the original surface condition and cross-section as specified, and cleanup and removal of all surplus materials, rubbish and trash of every nature remaining after the construction has been completed. The CONTRACTOR further agrees to repair or replace public or private property in a manner acceptable to the CITY. All repairs and replacements shall incorporate materials and methods similar to those used in the original structure, unless otherwise specified. This section shall survive termination of the agreement. No Text City of Tamarac Purchasing and Contracts Division 8. RELOCATION OF SHELTERS In the event of a change in transit stops or other transportation system designations, changes in street design or rights -of -way or changes the CITY deems necessary for the public health, safety, welfare and convenience, or changes in demographics which materially affect the pedestrian and vehicular traffic flow at or near shelters established in connection herewith, the CONTRACTOR, at the CITY's written request, shall relocate a designated shelter to another location mutually agreed to by the CITY and the CONTRACTOR. The expense in connection with such relocation shall be borne by the CONTRACTOR, and the CONTRACTOR shall act expeditiously in order to relocate such shelters, and in the event that a change of street design or right-of-way location shall require the relocation of a shelter, the CONTRACTOR shall coordinate its work with the CONTRACTORS or other personnel performing labor in connection with the change of street design or right -of way location in order to accomplish the relocation expeditiously and without interference to the work in connection with the relocation of streets or right-of- way. CONTRACTOR shall not place, remove or relocate shelters unless directed to do so in writing by the City. 9. ADVERTISING The CONTRACTOR shall be authorized to sell and install professionally designed, commercial advertising to be placed upon specified shelters as set forth in Exhibit "A". Provided, however, that advertising of tobacco, firearms, massage parlors, adult book stores, adult theaters, adult escort services and pornographic or obscene matters are prohibited. The determination of objectionable, obscene or pornographic advertising shall be the right of the CITY whose decisions on these matters shall be final. All advertising signs shall have a maximum size of forty-eight (48) inches by sixty-nine (69) inches. CONTRACTOR shall provide at a minimum two non advertising shelters at locations designated by City. The CONTRACTOR shall not be obligated to pay CITY for these shelters. CONTRACTOR shall provide space for CITY sponsored advertising messages on a space available basis. In the event space is available for CITY sponsored advertising messages, the CONTRACTOR shall provide the CITY with one (1) advertising panel, per month, for each three (3) shelter locations that are in place from time to time. In no event shall a paying customer be removed from an ad space that the CITY wants to utilize for CITY messages. The CONTRACTOR shall not be responsible for paying for public service message material. The CITY shall provide all necessary materials at its sole cost and expense. However, the CONTRACTOR, will install at no additional cost to the CITY, such public service advertisements within a reasonable time after said advertisements are provided to the CONTRACTOR for installation. No Text City of Tamarac Purchasing and Conlracts Division �T�-�: r��zr•T�r�r �tl, i Each shelter shall be identified with a shelter number, the name of the CONTRACTOR and an 800 or local telephone number. 11. TELEPHONE SERVICE CONTRACTOR shall have during working hours personnel to answer the phone when citizens call concerning shelters. A log of complaints about shelters, including the subject of the complaint and the action taken, shall be kept and made available upon CITY request. 12. AVAILABILITY CONTRACTOR shall maintain an office in Broward County and shall within 10 days of award of contract provide with the name, address, phone and fax number of local supervising employee whom City may contact on a 24 hour basis. 13. REPORTS/INSTALLATIONS/MAINTENANCE The CONTRACTOR shall submit to the CITY a quarterly report within fifteen (15) days of the end of each contract quarter with first report due by October 15, 2003. Each report shall contain the following: (a) The location and date of installation of shelters installed during the prior quarter. (b) The location and date of removal of shelters removed during the prior quarter. (c) A listing of all shelters located within the CITY and their locations, at the end of the prior quarter. (d) A record of all maintenance performed including date, shelter location(s) and type of work performed. All reports shall be sent to the CITY's Building Official. The form of the report to be developed by the CONTRACTOR is subject to the approval of the CITY. The CITY's approval shall not be unreasonably withheld. 14. CONSENT OF PROPERTY OWNER In the event the proposed location or removal of the shelter is on private property or on property owned by a governmental agency other than the CITY, the CONTRACTOR shall provide written consent from the property owner or governmental agency for the 6 No Text A City of Tamarac Porrhasinq anti Contracts Division location or removal of the shelter on the property. Such written consent shall be submitted with the CONTRACTOR's application for permission to install or remove the shelter. The CITY agrees to cooperate with the CONTRACTOR to help secure said written consent. In the event that a State Shelter Permit is required the CITY shall submit all necessary paper work for said permit on CONTRACTOR's behalf. All costs associated with securing the state permit shall be borne by the CONTRACTOR. Further, the CONTRACTOR shall be responsible for preparing all necessary paper work submitted by the CITY. 15. PAYMENT In consideration of the right, privilege, and license to display advertising on transit bus shelters throughout the CITY, CONTRACTOR agrees to pay CITY a guaranteed rate of: Year 1-3 30 per shelter per month Year 4-5 $40 per shelter per month Year 6-7 $50 per shelter per month Year 8-9 $57 per shelter per month Year 10 $65 per shelter per month a) CONTRACTOR shall compensate the CITY at the guaranteed rate as set out above or 15% of the net advertising revenues, whichever is greater, beginning on the date the shelter is placed in service or advertising panel installed, whichever is sooner. b) Net Advertising Revenues -The gross annual amount of revenues generated by the CONTRACTOR pursuant to this agreement, less an industry standard deduction of fifteen percent (15%) for licensed marketing and advertising agency commissions when applicable. No other deductions shall be permitted under the term net advertising revenues. c) CONTRACTOR shall remit payment to the CITY on a semi-annual basis with first payment being due January 15, 2004. CONTRACTOR shall submit a report with payment to the CITY's Director of Finance documenting basis of and verifying accuracy of payment. At a minimum, report shall detail the number and location of shelter sites, name(s) of advertiser(s) and the total advertising revenue for the previous six month period. d) Upon renewals guaranteed rate to be remitted by CONTRACTOR to CITY shall increase to $75 per shelter per month for the term of the renewal. 16. DELIQUENCY In the event CONTRACTOR fails to make the payment within 10 business days of date due as hereinabove provided, CONTRACTOR shall pay an interest charge for each day, or a fraction thereof, that payment is late. An Interest Factor shall be based on the prime rate for the Chase Manhattan Bank, N.A. plus one percent (1 %). Calculation will be illustrated as follows: No Text City of Tamarac Fw(,hasing and Contracts Division Prime rate + 1%/365 days = Daily Interest Rate, DIRxDays Payment Late = Interest charge (DIR) Note: Regardless of the foregoing, the interest rate referred to in this section will comply with all applicable state laws 17. INSURANCE The CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance under this Paragraph and evidence of such insurance coverage has been approved by the CITY. CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as required by the CITY's Risk and Safety Officer before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the CITY, including Professional Liability when appropriate. CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. CONTRACTOR shall provide to the CITY's Risk and Safety Officer certificates of all insurances required under this section prior to beginning any work under this Agreement. The CONTRACTOR will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. CONTRACTOR shall indemnify and hold the CITY harmless for any damages resulting from failure of the CONTRACTOR to take out and maintain such insurance. CONTRACTOR's Liability Insurance policies shall be endorsed to add the CITY as an additional insured. CONTRACTOR shall be responsible for payment of all deductibles and self-insurance retentions on CONTRACTOR's Liability Insurance policies. a. COMMERCIAL GENERAL LIABILITY; The minimum limits of liability shall be as follows: General Aggregate $1,000,000 Each Occurrence $1,000,000 Personal & Advertising $1,000,000 aggregate Injury $1,000,000 each occurrence The CITY shall be named as an additional insured on each policy. b. COMPREHENSIVE AUTOMOBILE LIABILITY: CONTRACTOR shall also carry comprehensive Automobile Liability Insurance, which shall include coverage for "any auto" within minimum combined single limit of $1,000,000. C. WORKERS' COMPENSATION: The CONTRACTOR and its subcontractors shall annually furnish proof of Workers' Compensation and Employer's Liability insurance to the CITY in no less than the minimum limits required by the State of Florida. d. CERTIFICATE OF INSURANCE: The CONTRACTOR and subcontractors shall annually furnish the CITY proof of the insurance required. The COMPANY has provided proof of existing insurance and the certificate is attached as Exhibit "C" to this Agreement. To be acceptable to the CITY each insurance certificate shall name the CITY as an No Text A City of Tamarac ;Pimchasing and Contracts Division additional insured and should contain a clause substantially as follows: Should any of the above -described policies be canceled or undergo material change before the expiration date, the issuing insurance CONTRACTOR will mail thirty (30) days' written notice to the Risk Manager of the CITY of Tamarac, FL. 18. AMENDMENTS/ ASSIGNMENT OF AGREEMENT a) The Agreement, or any portion of the Agreement, shall not be assigned by CONTRACTOR without prior written consent of CITY, which consent will not be unreasonably withheld. b) Amendments which are consistent with the purposes of this Agreement may be made with the mutual consent of the parties which consent shall be contained in a written document executed with the same formality as the Agreement. CONTRACTOR warrants that it has not unlawfully employed or retained any company or person, other than bona fide employees, consultants or advisors to solicit or secure this Agreement and that it has not unlawfully paid or agreed to pay any company or person any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. This language is not intended to prevent the CONTRACTOR from retaining bona tide consultants and advisors. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability at its discretion and to otherwise recover damages it incur as a result of the termination. 20. RECORDS RETENTION CONTRACTOR shall keep at a location within Broward County accurate and complete records and accounts of all advertising sales, expenses and other business being transacted under this contract throughout the term of the contract, including any options, terms, and for two (2) years following its expiration or cancellation including all extensions. The CONTRACTOR agrees to allow duly authorized agents of the CITY to access any books, documents, papers or records which are directly pertinent to the Agreement for the purposes of making audit examinations, excerpts, and transactions and to maintain all required records for one (1) year after the CITY's final payment and all other pending matters are closed. 21. BANKRUPTCY This agreement shall terminate in the case of bankruptcy (voluntary or involuntary) or insolvency of CONTRACTOR. In the case of bankruptcy, such termination shall take effect on the day and at the time that the bankruptcy action is filed. No Text City of T olatac Purchasing and Contracts Division 22. HEADINGS Headings hereon are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 23. COMPLIANCE CONTRACTOR shall promptly comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, state and federal agencies that are applicable to the services rendered under the terms of this Agreement. Furthermore, CONTRACTOR shall secure all applicable permits necessary for the fulfillment of CONTRACTOR's obligations under the terms and conditions of this Agreement. 24. CONSTRUCTION The parties to this Agreement hereby acknowledge that they have fully reviewed this Agreement and have had the opportunity to consult with legal counsel of their choice, have participated in the negotiation and drafting of this Agreement, and therefore, this Agreement is not to be construed against either party as if they were the drafter of this Agreement. 25. LIQUIDATED DAMAGES The CONTRACTOR shall pay to the CITY $150.00 per day in liquidated damages for any non -monetary breach not cured within the required time frames as set forth in this Agreement. This liquidated damages provision shall not apply to the CONTRACTOR's failure to pay fees as required in Section 15 herein. The liquidated damages shall accrue and be payable on a per diem basis until the breach is corrected. The imposition of liquidated damages is based on the inability of the parties to ascertain the losses the CITY will suffer because of this non -monetary breach. 26. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The work to be performed under this Agreement shall be commenced no later than thirty (30) days after execution of the Agreement by the CITY. Shelter installations shall begin within ninety (90) days of execution and be substantially completed no later than April 30, 2004. 27. INDEMNIFICATION The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the No Text City of Tamarac Purchasing and Contracts Division operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent CONTRACTORS, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 28. NON-DISCRIMINATION The CONTRACTOR agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non- discrimination. The CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 41>l1►167:J4:117:4►1i0101ZII 1101a CONTRACTOR is an independent CONTRACTOR under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. KI����9.C�I:lul=1.� �>i_1:1 ��'��LI�*7: � �:L[•� � I: C� CONTRACTOR shall not transfer or assign the performance required by this Agreement without the prior consent of the CITY. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the CITY. 31. NOTICE Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88`" Avenue No Text City of Tamarac Purchasing acid Contracts Division ------------ Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Barry Kutun, President Street Furniture Advertisina Grouo. Inc !'IiMi7ill W. RO1:� Hollywood, Florida 33020 With a Copy to: Barry Kutun _ 2012 Fisher Island Dr. Fisher Island, FL 33105 32. AGREEMENT SUBJECT TO FUNDING This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 34. SIGNATORY AUTHORITY The CONTRACTOR shall provide the CITY with copies of requisite documentation evidencing that the signatory for CONTRACTOR has the authority to enter into this Agreement. 35. SEVERABILITY; WAIVER OF PROVISIONS Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 36. MERGER; AMENDMENT This Agreement constitutes the entire Agreement between the CONTRACTOR and 12 No Text a City of Tamarac harchasing and Contracts Division the CITY, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONTRACTOR and the CITY. FM No Text 9 City of Tamarac 1 Purchasing and Contracts Division ------ .- IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and signing by and through its duly authorized to execute same. ATTEST - Marion Swenson, CMC City Clerk 3c03 Date vn �J Mitchell S. Kraft, City Atfomey -r c.•u �C.. aa3 CITY OF TAMARAC CJ e Schreiber, Mayor /.Z-sJ/o3 Date 7-t#'Z. Jeffrey . M ler, City Manager ovd043 Date ATTEST: (Co orat c tary) F�R.R Y It u'�v �► Type/Print Name of Corporate Secy (CORPORATE SEAL) Approved as to form and legal sufficiency - Date CONTRACTOR: STRee_r YvCuw't-rwae_ o'Duera-rrlslti] Contractor (Name Qi- R0v P, I Signar of Pr76nY"0 ner NR2 V- Type/Print Name of President/Owner Date a No Text . 9 4 City of Tarnarac Purchasing and Contracts Division _ ...... ------- - CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF ►�-W OA- d, I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared W-7 -0 , , to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 2-0 day of _ , 20 0-3 . commission 0 D00188824 Expires 12=006 Bonded through Florida Notary Assn„ Inc. %ignature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public F] Personally known to me or Produced Identification -K550-OG6- i -31v- p Type of I.D. Produced .k DID take an oath, or ❑ DID NOT take an oath 15 No Text EXHIBIT A Existing and Proposed Shelter Locations City of Tamarac Address ID Qty 7010 Universi Dr. - McNab Road- East side 251 1 7200 University Dr,- In front of Piccadilly Club - East Side 3209 2 7800 University Dr.- In front of Kidney Center - East side 250 3 791.2 University Dr. -Tropical Plants Business - East side 199 4 8290 University Dr.- First Medical Bld . - East side 3205 5 2340 University Dr. - Southgate Blvd, - East Side 3207 6 7825 Southgate Blvd - University Dr.- North side 3230 7 8299 University Dr. - Amoco Station - West side 3205 8 7707 University Dr. - Woodmont - West side 3204 9 5000 Commercial Blvd. - Sabal Palm - South side 4110 10 4999 Commercial Blvd. - Sabal Palm - North side 5035 11 5825 University Dr.- Midway Plaza - West side 5067 12 McNab Rd. - NW 93 Ave. South side 2812 13 5703 University Dr, - Midway Plaza - West side 254 14 9910 McNab Rd. North side 3392 15 5369 SR7 - West side" 3388 16 9910 McNab Rd. - Nob Hill Road - South side 2827 17 4102 Commercial Blvd. - W of SR 7 - South side 5097 18 8161 University Dr. - University Club Apts. - West side 3208 19 6799 University Dr, - McNab Rd - West side 252 20 8245 NW 88 Ave, - East side 5130 21 8600 NW 88 Ave. - East side 5167 22 8275 NW 88 Ave. - West side 2936 23 8759 NW 57 St - North side 4330 24 7911 NW 57 St -North side 4326 25 6734 University Dr. - McNab Rd. - East side 2870 26 SE Corner of Commercial Blvd - SR 7 - fronting Commercial Blvd.* 1273 27 7400 McNab Road 28 9618 Westwood Drive (BCT shelter in City limits 29 30 * no current shelter -potential sites No Text EXHIBIT B Street Furniture Advertising No Text EXHIBIT B Street - =—Furniture Advertising SPECIFICATIONS 9' DOME ROOF BUS SHELTER MODEL 9ALD VICPMI Tolar Mfg. Co., Inc. Advertising Model with Perforated Metal Walls • Roof dimensions: 8' 7 7/8" x 4' 8" Height: 7' to bottom of roof perimeter • The roof design 'eature:, two ,.Arcular 3iiapes running horizontally_ One is used as a rain, gov.—, dio other houses the electrical wiring in those shelters which feature lighting in the roof. • The one-piece roof is welded from four lengths of aluminum extrusion, no snap together corners which can be vandalized. • Two roof beams are welded to the roof perimeter for placement of the supporting legs. Roof beams are pre -drilled to facilitate field installation. • Shelter advertising kiosk illuminated by solar lighting provided by others. • 1/4" bronze tint double -wall Lexan Thermoclear twin wall acrylic panels in the roof allow approximately 20% light transmission while completely blocking ultra violet and infrared rays. Lexan panels are secured with flat bars and rubber gaskets, attached by Tek screws. No silicone sealer is required. • 16 gauge perforated metal panels with a custom Victorian style design form the rear wall. The panels are radiused at the top with three 1 '/4" tubes supporting the top panel. Two of the tubes are 44 degrees from center. Two 4" diameter rings accent each side of the perforated panel. The perforated panels have ``/4" diameter holes on 3/8" centers and are held in place with stainless steel glass supports which anchor to the concrete pad or sidewalk. • Adjustable leveling shoes allow for up to 12" grade variation. • The 2-sided flat back-to-back advertising kiosk features 3/16" clear tempered safety glass panels in the two side -hinged display doors. Tamper proof fasteners secure the doors. • All materials are top quality - we use only ASTM A-36 grade 3.5" schedule 40 pipe for structural steel members and 6063-T6 grade aluminum extrusion with a minimum thickness of 1/8 inch. The color selected for the City of Tamarac is RAL 6005 Moss Green • All of the structure's metal surfaces feature a durable baked polyester powder coat finish, 4-5 ml thick. The powder coating process produces no volatile organic compounds (VOCs). Powder coat finish was created for durability in outdoor use and to withstand graffiti removal solvents. • The shelter is supplied with all hardware, concrete anchors and electrical wiring for site installation. Perforated Metal Bench • 40" perforated metal bench. No back, one anti vagrant bar, durable baked powder coat finish color RAL 6005 Moss Green, zinc anchors Trash Receptacle + 16 Gallon smooth side pole mount trash receptacle, hinged lid, durable baked powder coat finish color RAL 6005 Moss Green, hardware No Text ...... EXHIBIT C OATE (MMtDb/YVI 6/20/03 PRODUCER 305-591-0090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SEITLIN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 2001 NW 107 AVE., SUITE 200 COMPANIES AFFORDING COVERAGE MIAMI, FL 33172 COMPANY A Mt. Hawley Insurance Company INSURED Street Furniture Advertising COMPANY B Progressive Insurance Co. Mr. Barry Kutun 4040 Na. 29th Avenue COMPANY C Zenith Insurance Company Hollywood FL 33020 COMPANY D Executive Risk Indemnity yr�R; 1! �1! N 1�. zv Ell,• k k,"H TO CERTIFY T THIS IS THAT THE POLICIES OF INSURANCE LISTED BELOW 3!.''lip1.�1151 HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY "PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L CO TR TYPE Or INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDDIM DATE (MMIODNY) A GENERA6 UAPTLITY MGLO132316 7/26/02 7126/03 GENERAL AGGREGATE 9 2000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7XI OCCUR PRODUCTS - COMPIOP AGG 0 1000000 PERSONAL & ADV INJURY S 1000000 OWNER'S & CONTAACTOR1 PROT EACH OCCURRENCqL 1000000 FIRE DAMAGE IArky one We) 6 $0000 MED EXP (Any one pErson) $ 5000 AUTOMOBILE LIABILITY CAOI 714595-1 5/30/03 5/30/04 ANY AUTO COMOINCO 51NOUE LIMIT 0 1000000 X ALL OWNED ALITO$ BODILY INJURY SCHEDULED AUTOS War Defs.rd X HIRED AUTOS X BODILY INJURY NON -OWNED AUTOS [Per au PROPERTY DAMAGE 4 GARAGE UAQJUTY AUTO ONLY - 6A ACCIDENT 0 ANY AUTO _7 _OTHER THAN AUTO ONLY: EACH ACCIDENT 9 AGGREGATE 4 A ExcEss LIABILITY XTA0003034 7/26/02 7126103 EACH OCCURRENCE S 1000000 RUMBRELLA FORM AGGREGATE 0 1000000 OTHER THAN UMBRELLA FORM C V rom ATI r) DMER8 pr" 0", 7/26/02 7111103 X WCSTATU- !'.)TH.,::, CRY Ut.IT�S Eli tMPLU_7ckS' LIAWFLrry EL EACH ACCIDENT 9 10D000D THE PROPRIETOR/ INCIL PARTNERS/EXECUTIVE EL DI5FA5F - POLICY LIMIT 9 1000000 OFFICERS ARE: D(CL EL DISEASE - EA EMPLOYEE 9 ID00000 D OTHER 8170-1340 7/26/02 7/26/03 PROFESSIONAL 41,000,000 LIMIT PER CLAIM LIABILITY S1,000,000 AGGREGATE LIMIT — ------------------------------- 810,000 DEDUCTIBLE DESCRIPTION OF OPEFtA'nONSJLOCATIONSIV6MCLWISPECIAL ITEMS CERTIFICATE HOLDER IS NAMED INSURED WITH RESPECTS TO THE FOLLOWING: GL, AUTO, EXCESS LIABILITY, AND PROFESSIONAL LIABILITY. PROOF OF WORKERS COMPENSATION COVERAGE- A, 111,5 RENO..!, INS CITY OF TAMARAC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 7525 NW 88TH AVENUE 9XMRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL LO_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TAMARAC, FL 33321 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LJAOiury OF VON THW_% COMPANY, ITS AGENTS OR WASSENTATIV AUTHO qE ij � . ?�,, 0 @A *!00 X g gi a 6#411. "'N" . , g Riffi'�Nlld 91 ". a M ------ ----- 2'. - — No Text