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HomeMy WebLinkAboutR-2025-193 Agreement with Advanced Multi Sign for Veterans Park SignRESOLUTION NO. 2025-193 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ADVANCED MULTI SIGN CORP. TO FURNISH AND INSTALL VETERANS PARK SIGN, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has worked with Advanced Multi Sign for previously installed park monument signs and is satisfied with the services provided and WHEREAS, a new sign at Veterans Park will help identify the park and align with City branding and uniformity throughout parks and recreation facilities and WHEREAS, the City has followed the procurement policies in place to ensure appropriate processes were adhered to and Advanced Multi Sign Corp. was the lowest and most responsive bidder and WHEREAS, furnishing and installation of the sign will cost Ten Thousand Nine Hundred Ninety-Six Dollars and Eight Cents ($10,996.08) and will be funded utilizing the City’s Commission Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the new sign at Veterans Park aligns with City branding and the proper procurement policies and processes were followed. Section 3. That the City Commission authorizes the proper City officials to execute an agreement with Advanced Multi Sign Corp to furnish and install a sign at Veteran’s Park, which agreement is attached as Exhibit “A” and incorporated by this reference into this Resolution. Section 4. That furnishing and installation in the amount of Ten Thousand Nine Hundred Ninety Six Dollars and Eight Cents ($10,996.08) will be funded with a transfer from account number 001-11-01-511-82-10 to account number 001-11-01-511-31-10. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. 2 RESOLUTION #2025-193 PASSED AND ADOPTED on December 9, 2025. Motion by Commissioner Lewellen, second by Vice Mayor Salvino. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 AGREEMENT FOR FABRICATION AND INSTALLATION OF VETERANS PARK SIGN This Agreement (“Agreement”) is made between the City of Dania Beach, Florida (“City”) and Advanced Multi Sign Corp., a Florida corporation authorized to do business in the State of Florida (“Contractor”). 1. Scope of Work Contractor shall furnish all labor, materials, equipment, engineering, permitting support, and installation services necessary to fabricate and install the non-illuminated, double-faced monument sign for Veterans Park as shown in Exhibit A (design package dated 10/17/2024 and Quote No. 2500975). No deviation from the approved design may be made without prior written authorization from the City. 2. Contract Price The City shall pay Contractor a lump-sum amount of $10,996.08, which includes: • Fabrication • Engineering seal & calculations • Installation • Monument cover Permit hard costs will be paid by the City only upon submitting official permit fee documentation and pre-authorization by the City. No other fees, trip charges, administrative surcharges, or additional costs may be billed without prior written approval. Permit hard costs will be paid by the City only upon submitting official permit fee documentation and pre-authorization by the City. No other fees, trip charges, administrative surcharges, or additional costs may be billed without prior written approval. 3. Payment Terms The City shall pay Contractor fifty percent (50%) of the Contract Price ($5,483.04) as a deposit upon execution of this Agreement. The deposit is authorized because the project involves custom fabrication and material procurement that must be completed prior to installation. The remaining fifty percent (50%) balance shall be paid after final installation, inspection, and written acceptance by the City in accordance with the Florida Prompt Payment Act, §§218.70– 218.80, Florida Statutes. 2 Contractor acknowledges: 1. The deposit does not incorporate or accept any contractual terms contained within the Contractor’s quote unless expressly included in this Agreement. 2. No additional fees (including trip charges, cancellation fees, administrative fees, or surcharges) are permitted unless approved in writing by the City. 3. The City retains full rights to reject or require correction of any nonconforming work before final payment is issued. All invoices must be submitted in a form acceptable to the City. Payment of the deposit may not be construed as acceptance of any portion of the work. 4. Time for Completion Contractor shall begin work upon receipt of the Notice to Proceed and complete installation within 60 calendar days, subject to approved permitting timelines. 5. Permits Contractor is responsible for preparing all drawings and submitting materials for the building permit. City will pay only the actual permit fees charged.. 6. Insurance Contractor shall maintain: • Commercial General Liability ($1,000,000 per occurrence; City named as Additional Insured) • Workers' Compensation (statutory) • Automobile Liability ($1,000,000 CSL) Certificates must be provided before work begins. 7. Indemnification Contractor shall indemnify the City for damages caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor, subject to the limitations of §768.28, Florida Statutes. No provision shall require the City to indemnify, defend, or hold harmless. 8. Protection of Property; Responsibility for Damage Contractor shall be fully responsible for protecting all existing improvements, utilities, pavements, sidewalks, curbs, irrigation systems, trees, shrubs, sod, and all other landscaping or hardscape features located within or adjacent to the work area. 3 Contractor shall be liable for any and all damage to concrete, asphalt, pavers, hardscape, landscaping, irrigation lines, utilities, or any City-owned or third-party property caused by Contractor, its employees, agents, or subcontractors during fabrication, delivery, installation, excavation, or any related construction activity. If any such damage occurs, Contractor shall: 1. Immediately notify the City, 2. Repair or replace the damaged property at Contractor’s sole cost, using materials and workmanship equal to or better than the original condition, and 3. Complete all repairs within the time specified by the City, and in no event later than fourteen (14) days after notice unless the City authorizes otherwise in writing. If Contractor fails to complete repairs within the required time, the City may, at its sole discretion: • Perform the repairs itself or through a third party, and • Back-charge Contractor for the full cost, including administrative and inspection expenses. Contractor’s obligations under this Section apply regardless of whether the damage was accidental, caused by excavation, equipment use, installation methods, or any other act or omission by Contractor. Contractor’s indemnification obligations under this Agreement extend to all damages covered by this Section. 9. Public Records Contractor shall comply with Chapter 119, Florida Statutes, and shall: • Keep and maintain records required by the City to perform the work, • Provide public access to such records as required by law, • Transfer all public records to the City upon termination of the Agreement. 10. Ownership of Deliverables The monument sign becomes the property of the City upon installation and acceptance. Contractor has no right to remove the sign for nonpayment or any other reason. 11. Change Orders Any change in scope, materials, cost, or installation details requires prior written approval by the City. Unapproved charges will not be paid. 4 12. Warranty 12.1 Workmanship Warranty Contractor warrants that all work performed under this Agreement—including fabrication, engineering, installation, anchoring, concrete foundation work, finishes, and assembly—shall be free from defects in workmanship and shall conform to all approved plans, specifications, applicable codes, and industry standards. This workmanship warranty shall remain in effect for one (1) year from the date of final acceptance by the City. If any defect in workmanship is discovered during the warranty period, Contractor shall, at its sole cost and expense and within the time specified by the City: 1. Inspect the defect, 2. Repair or replace the defective work, materials, or components, and 3. Restore all affected areas to original or better condition. 12.2 Materials Warranty Contractor warrants that all materials used in the fabrication and installation of the monument sign shall be new, of good quality, and suitable for outdoor municipal use. Contractor shall pass through and honor all manufacturer warranties for paint, aluminum, fasteners, structural components, and any other materials. 12.3 Structural and Foundation Warranty Contractor warrants that the foundation, footings, anchoring, embedded steel, and any structural components shall be free from failure, movement, cracking beyond hairline tolerance, or instability for a period of one (1) year from final acceptance. 12.4 Exclusions This warranty does not cover damage caused by: • Vandalism or criminal acts • Vehicle impacts • Fire, floods, hurricanes, or natural disasters • Misuse or alterations not performed by Contractor Normal weathering and fading consistent with South Florida conditions are excluded only to the extent such fading falls within accepted industry tolerances. 12.5 No Limitation by Vendor Quote Any contrary warranty limitations or disclaimers in Contractor’s quote or proposal are expressly rejected. The warranties in this Section control and supersede any vendor-provided warranty language. 5 12.6 Survival The warranties in this Section survive final payment and acceptance of the work. 13. Termination The City may terminate for convenience with 10 days' written notice. Contractor will be paid for work performed to date but not for unearned profits or penalties. 14. Governing Law & Venue This Agreement is governed by Florida law. Venue lies exclusively in Broward County, Florida. 15. Safety and Compliance Contractor shall comply with OSHA, the Florida Building Code, ADA requirements, and all local, state, and federal laws. Contractor shall install all necessary safety barricades, traffic control, and protective measures to safeguard workers and the public. 16. Licenses and Qualifications Contractor warrants it is properly licensed and qualified to perform the work and will maintain all required licenses, certifications, and registrations for the duration of the Agreement. 17. Subcontractors No subcontractor may perform any portion of the work without prior written approval from the City. Contractor is responsible for the acts, omissions, and performance of all subcontractors. 18. Clean-Up and Restoration Contractor shall keep the site clean and free of debris at all times and shall restore all disturbed areas—including sod, soil, irrigation, concrete, and hardscape—to equal or better condition at no cost to the City. 19. Compliance with Laws Contractor shall comply with all applicable federal, state, and local laws, regulations, permit conditions, and codes, including safety and environmental requirements. 20. No Liens / Release of Lien Rights This project is a public improvement on public property. Contractor shall not file or permit any lien or claim of lien against City property. Lien releases from subcontractors, suppliers, and materialmen must be provided before final payment. 6 21. Independent Contractor Contractor is an independent contractor and not an employee, agent, or representative of the City. 22. Assignment Contractor may not assign or transfer this Agreement, in whole or in part, without prior written consent of the City. Unauthorized assignments are void. 23. Default and City Remedies Contractor is in default if it: 1. Fails to perform required work, 2. Fails to maintain insurance or licenses, 3. Fails to comply with any material term, or 4. Abandons or delays the work without cause. City will provide a 7-day opportunity to cure. If not cured, the City may terminate, complete work through others, and deduct costs from amounts owed, or pursue any legal re 24. Survival The following provisions survive termination: • Indemnification • Protection of Property • Public Records • No Liens • Warranty • Default and Remedies 25. Entire Agreement This Agreement, together with Exhibit A (design drawings and technical specifications), constitutes the entire agreement between the parties. It supersedes all prior or contemporaneous proposals, negotiations, representations, or agreements, whether written or oral. 7 The Contractor’s Quote No. 2500975 is incorporated solely for the limited purpose of identifying the sign design, dimensions, materials, color references, and technical specifications. All other terms, conditions, disclaimers, limitations of liability, cancellation fees, deposit terms, ownership provisions, privacy policies, or any other contractual language contained in the Contractor’s quote or proposal are expressly rejected and shall have no force or effect. In the event of any conflict between the Contractor’s quote and this Agreement, the terms of this Agreement shall control in all respects. SIGNATURES ON THE FOLLOWING PAGES 8 WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER Dated: _______ APPROVED FOR FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 9 CONTRACTOR: Advanced Multi Sign Corp. a Florida corporation WITNESSES: SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA} COUNTY OF MIAMI-DADE} The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on ___ , 2025, by , as of Advanced Multi Sign Corp., a Florida corporation. He/she is personally known to me or has produced ____________ as identification. NOTARY PUBLIC My Commission Expires: State of Florida