Agreement with Forms and Surfaces, Inc. AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
FORMS AND SURFACES, INC.
FOR THE PURCHASE OF TRIADA BOLLARDS, POLES, AND REPLACEMENT
PARTS
This Agreement ("Agreement") is entered into this 'qday of ,';AS22018, between the
CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the
laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami
Beach, Florida, 33139 ("City'), and FORMS AND SURFACES, INC., a Pennsylvania
corporation, authorized to do business in Florida, whose address is 30 Pine St., Pittsburgh, PA.
15223 ("Contractor').
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Contractor, including any exhibits
and amendments thereto. The City is authorized to enter into this
Agreement pursuant to Resolution No. 2018-30473.
City Manager: The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to
administer this Agreement on behalf of the City. The City Manager's
designee shall be Eric Carpenter, Assistant City Manager.
Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Service(s): All service(s), work and actions by the Contractor performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Service(s).
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number(305) 673-7023.
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SECTION 2
SCOPE OF SERVICEIS)
The Contractor will sell to the City Triada Bollards, poles, replacement parts, and related items
(collectively, `Products"), on an "as needed" basis, as determined and requested by the City
pursuant to a written purchase order (a "Purchase Order'), pursuant to the terms of this
Agreement.
2A PURCHASE ORDER ACCEPTANCE: Unless otherwise agreed between Contractor
and the City, the Purchase Order shall be deemed accepted by Contractor upon
Contractor's written confirmation to the City or by the furnishing of the Products or
Services specified in the Order. Either of the foregoing shall constitute Contractor's
acknowledgment of the Purchase Order(the 'Order Acknowledgement").
2.2 PRODUCT CONTENT AND SPECIFICATIONS OF PRODUCTS: Contractor agrees to
provide the City with the Product content and specification information for all Products
purchased by the City from Contractor.
SECTION 3
FEES
3.1 The purchase of the Products shall not exceed $150,000.00 annually ($450,000 for the
three year term of this Agreement).
3.2 During the Term, Contractor shall provide the City with fixed pricing for the Products
covered in this Agreement, based on the prices set forth in Exhibit A hereto.
3.3 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five
(45) days of the Product(s) satisfactorily rendered (and referenced in the particular invoice).
Invoices shall include a detailed description of the Product(s) (or portions thereof) provided, and
shall be submitted to the City at the following address:
Accounts Payable Division
Finance Department
City of Miami Beach
1700 Convention Center Drive, 3'd Floor
Miami Beach, FL 33139
Invoices not containing a Purchase Order Number (PO No.), or containing an incorrect PO No.
shall not be approved for payment.
SECTION 4
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, and shall have a term of three (3) years.
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SECTION 5
INDEMNIFICATION AND INSURANCE REQUIREMENTS
5.1 INDEMNIFICATION:
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or in
equity), claims (including copyright, patent or trademark infringement claims), liabilities, losses,
and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or
bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to
have arisen from the negligent acts, errors, omissions or other wrongful conduct of the
Contractor, its officers, employees, agents, contractors, or any other person or entity acting
under Contractor's control or supervision, in connection with, related to, or as a result of the
Contractor's performance of the Product(s) pursuant to this Agreement. To that extent, the
Contractor shall pay all such claims and losses and shall pay all such costs and judgments
which may issue from any lawsuit arising from such claims and losses, and shall pay all costs
and attorneys' fees expended by the City in the defense of such claims and losses, including
appeals. The Contractor expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the Contractor shall in no way limit the
Contractor's responsibility to indemnify, keep and save harmless and defend the City or its
officers, employees, agents and instrumentalities as herein provided.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Service(s) under this Agreement is the specific consideration from the City
to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 5 and
of this indemnification shall survive termination or expiration of this Agreement.
City and Contractor waive against each other, and against the other's officers, directors,
members, partners, and employees any and all claims for or entitlement to special, incidental,
indirect, punitive, or consequential damages arising out of, resulting from, or related to the
Agreement.
5.2 INSURANCE REQUIREMENTS:
The Contractor shall maintain and carry in full force during the Term, the following insurance:
A. General Liability/Public liability coverage including products completed operations,
blanket contractual liability, bodily injury and property damage, and automobile coverage
(bodily injury and property damage) shall be maintained each with minimum limits of
USD 1 million ($1,000,000);
B. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes,
including Employer's liability with a limit of USD 1 million ($1,000,000) unless a higher
limit is specified in the Order.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+" as
to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
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All of Contractor's certificates shall contain endorsements providing that written notice shall be
given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy. The insurance certificates for General Liability shall include the City as
an additional insured and shall contain a waiver of subrogation endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the Risk
Manager. The City shall have the right to obtain from the Contractor specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance certificates
for any sub-contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and
obligations under this Section or under any other portion of this Agreement.
The Contractor shall not commence any work and or services pursuant to this Agreement until
all insurance required under this Section has been obtained and such insurance has been
approved by the City's Risk Manager.
SECTION 6
LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Agreement, Contractor and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 7
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of Ten
Thousand and 00/100 ($10,000) Dollars. Contractor hereby expresses its willingness to enter
into this Agreement with Contractor's recovery from the City for any damages from any action
for breach of contract to be limited to a maximum amount of Ten Thousand and 00/100
($10,000) Dollars.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in
excess of Ten Thousand and 00/100 ($10,000) Dollars for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed upon the
City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
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SECTION 8
DUTY OF CARE
With respect to the performance of the work and/or service(s) contemplated herein, Contractor
shall exercise that degree of skill, care, efficiency and diligence normally exercised by
reasonable persons and/or recognized professionals with respect to the performance of
comparable work and/or Service(s).
SECTION 9
COMPLIANCE WITH APPLICABLE LAWS
In its performance of the work and/or service(s), Contractor shall comply with all applicable
laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the
Federal Government, as applicable, and as may be amended from time to time.
SECTION 10
GENERAL PROVISIONS
10.1 PUBLIC ENTITY CRIMES: Prior to commencement of the Service(s), the Contractor
shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a)
Florida Statute on Public Entity Crimes with the City's Procurement Division
10.2 NO DISCRIMINATION: Contractor hereby agrees to comply with City of Miami
Beach Human Rights Ordinance, as codified in Chapter 62 of the City Code, as may be
amended from time to time, prohibiting discrimination in employment, housing, public
accommodations, or public services, on the basis of actual or perceived race, color, national
origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital
status, age, ancestry, height, weight, domestic partner status, labor organization membership,
familial situation, political affiliation, or disability.
10.3 CONFLICT OF INTEREST: Contractor herein agrees to adhere to and be governed
by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as
set forth in the Miami-Dade County Code, as may be amended from time to time; and by the
City of Miami Beach Charter and Code, as may be amended from time to time; both of which
are incorporated by reference as if fully set forth herein.
Contractor covenants that it presently has no interest and shall not acquire any interest, directly
or indirectly, which could conflict in any manner or degree with the performance of the
Service(s). Contractor further covenants that in the performance of this Agreement, Contractor
shall not employ any person having any such interest. No member of or delegate to the
Congress of the United States shall be admitted to any share or part of this Agreement or to any
benefits arising there from.
SECTION 11
TERMINATION OF AGREEMENT
11.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is
subject to the appropriation of funds by its legislative body in an amount sufficient to allow
continuation of its performance in accordance with the terms and conditions of this Agreement.
5
In the event there is a lack of adequate funding either for the products, services and/or the
project; the City may terminate this Agreement without further liability to the City.
11.2 TERMINATION FOR CAUSE: The City, through the City Manager, may
terminate this Agreement for cause, upon written notice to Contractor, in the event that the
Contractor (1) violates any provision of this Agreement or performs same in bad faith; (2)
unreasonably delays the performance of the services or any portion thereof; or (3) does not
perform the services or any portion thereof in a timely and satisfactory manner. In the case of
termination for cause by the City, the Contractor shall first be granted a thirty (30) day cure
period (commencing upon receipt of the initial written notice of default from the City). In the
event of a termination for cause, the City shall be fully discharged from any and all liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Contractor. The City, at
its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it
deems to be in its best interest in order to enforce the City's right and remedies against
Contractor. The City shall be entitled to recover all costs of such actions, including reasonable
attorneys' fees.
11.2.1 In the event this Agreement is terminated for cause by the City, the City, at its
sole option and discretion, may take over the remaining services and complete them by
contracting with another Contractor(s), or otherwise. The Contractor shall be liable to the
City for any additional cost(s) incurred by the City due to such termination. "Additional
Cost" is defined as the difference between the actual cost of completion of the services,
and the cost of completion of such services had the Agreement not been terminated.
11.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for
cause, the City through the City Manager, may also terminate this Agreement, upon fourteen
(14)days prior written notice to Contractor, for convenience, without cause, and without penalty,
when (in its sole discretion) it deems such termination to be in the best interest of the City. In
the event the City terminates the Agreement for convenience, Contractor shall be compensated
for Contractor's actual cost of work and materials, applicable solely to the Order and consistent
with agreed Order commitments, if any, of the City for raw material, work in process and
furnished products materials, which shall have been expended when notice of cancellation shall
be received by Contractor. Upon payment of any amount which may be due to Contractor
pursuant this subsection 11.3, the City shall have no further liability to Contractor.
11.4 TERMINATION FOR INSOLVENCY: If prior to delivery, Contractor is placed either in
voluntary or involuntary bankruptcy, the City may terminate the Order immediately by sending
Contractor written notice and the rights and obligations of the parties shall be the same as
provided in Section 11.3.
11.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for
cause or for convenience), the Contractor shall immediately, upon receipt of the City's written
notice of termination: (1) stop the performance of services; (2) place no further orders or issue
any other subcontracts, except for those which may have already been approved, in writing, by
the City Manager's designee; (3) terminate all existing orders and subcontracts; and (4)
promptly assemble all project documents (for delivery to the City Manager's designee).
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SECTION 12
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO CONTRACTOR: Forms and Surfaces, Inc
15541 SW 82 Ct.
Palmetto Bay, FL 33157
Attn: Ed Pelaez, Territory Manager
TO CITY: City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Ann: Jimmy L. Morales
With a Copy to:
Public Works Department
City of Miami Beach
451 Dade Boulevard
Miami Beach, FL 33139
Attn: Roy Coley, Public Works Director
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be
sent to such alternate address in addition to any other address which notice would otherwise be
sent, unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 13
WARRANTIES
13.1 INTELLECTUAL PROPERTY WARRANTY: Contractor warrants that the use of
the Products by the City or its employees, agents, representatives and contractors does not
entail any infringement of patent, copyright, design, trademark or similar right. Contractor
shall defend, hold harmless and indemnify the City, its successors and assigns
(whether direct or indirect), against any and all losses, damages and expenses of any nature
(including attorneys and other professional fees) which they, or any of them, may sustain or
incur as a result of breach, except such indemnity does not apply if the infringement or
7
violation arises from or is based upon Contractor's compliance with particular requirements
of the City that differ from Contractors standard specifications for the Product. If notified in
writing, Contractor shall undertake at its expense the defense of any such suit or
proceeding and save the City harmless from any expenses, loss or damage arising therefrom.
Further, if an infringement claim is made against the City, the City may without prejudice
to its rights herein also request at its discretion and at the City 's expense and risk
that Contractor (i) procures for the City the right to continue using the Product(s) or
using the results of the service, (ii) modifies the Products or the results of the service so that
they cease to be infringing or (iii) replaces the Products or re-performs the service so that
they become non-infringing; provided always that the modified or replaced Products or
services do not detract from agreed functionality.
13.2 Contractor warrants that the products or services (or both) conform in all respects to
any expressed warranties made by Contractor to the City are (i) free from defects in title,
labor, materials, services, manufacture and or design, (ii) conform to the applicable
specifications, drawing, and standards of quality and performance, (iii) comply with all
governmental requirements that may apply to the design, production, sale or distribution of
the products, (iv) are new and unused at the date of delivery and fit for the purposes for
which purchased by the City; and (v) the Services, if any, will be performed with all
appropriate skill and care in accordance with industry best practice and in compliance with
all governmental requirements that apply to the Services. Contractor's acceptance or
use of or payment for the products or Services shall not diminish Contractor's
obligations under this warranty.
13.3 Warranty period (i) for Products is twenty-four(24) months from the date of delivery
to the City, and (ii) for Services is twenty-four (24) months from the date of City's
acceptance thereof; unless otherwise agreed between the parties and set forth on the face
of the Order.
13.4 If the Products or Services do not conform with the above warranties ("Non-
Conforming Products or Services"), Contractor agrees, at the City's option, to any of
these remedies: (i) repair or replace Non-Conforming Products or re-perform the Non-
Conforming Services within 48 hours, or (ii) issue a credit note for the corresponding
amount or refund the purchase price or (iii) exercise any other applicable rights or
remedies, including the purchase of substitute Product or Service. If the product is
repaired or replaced or a Service is re-performed, the warranty period shall restart.
Contractor shall also be responsible to pay for or reimburse the City for all
defective product costs, including but not limited to; labor (direct and indirect) and
materials, (i) to return, store or dispose any Non-Conforming Products, (ii) to inspect,
evaluate and/or disassemble any Non-Conforming Products wherever located, (iii) to
transport and install replacement Product, (iv) to repair and re-work Non-Conforming
Product if Contractor is unable to repair or replace the same to meet the City's time
and quantity needs, (v) to perform value-add activities prior to discovery of the defect/Non-
Conformity, (vi) an administrative fee of equivalent to USD three hundred ($300) per claim.
The foregoing remedies are cumulative and are not exclusive of any rights and remedies at
law or in equity. •
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SECTION 14
MISCELLANEOUS PROVISIONS
14.1 CHANGES AND ADDITIONS: This Agreement cannot be modified or amended
without the express written consent of the parties. No modification, amendment, or alteration of
the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
14.2 SEVERABILITY: If any term or provision of this Agreement is held invalid or
unenforceable, the remainder of this Agreement shall not be affected and every other term and
provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
14.3 ENTIRETY OF AGREEMENT: The City and Contractor agree that this is the entire
Agreement between the parties. This Agreement supersedes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the matters
contained herein, and there are no commitments, agreements or understandings concerning the
subject matter of this Agreement that are not contained in this document. Title and paragraph
headings are for convenient reference and are not intended to confer any rights or obligations
upon the parties to this Agreement.
SECTION 15
CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time. Records made or received in
connection with this Agreement are public records under Florida law, as defined in
Section 119.011(12), Florida Statutes.
(B) Pursuant to Section 119.0701 of the Florida Statutes, the Contractor shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Contractor does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
9
custodian of public records, in a format that is compatible with the information
• technology systems of the City.
(C) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the request,
and the Contractor must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
(2) Contractor's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3) avail itself of any available remedies at law or in equity.
(3) A contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(D) CIVIL ACTION.
(1) If a civil action is filed against Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award
against the Contractor the reasonable costs of enforcement, including
reasonable attorney fees, if:
a. The court determines that the Contractor unlawfully refused to comply
with the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the
Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) A contractor who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(E) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
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EXHIBIT A
LIST OF FIXED PRICES
Item Description Unit Price
1 Fixture, Bollard,42W Amber 51,897.00
LED, 41.9"Tall
2 Fixture, Bollard Casting(Top $115.00
Head Only)
Light, Engine LED, $816.00
3 Amber Color Triada
Light
12
RESOLUTION NO. 201&-30473
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN
RECOMMENDATION OF THE CITY MANAGER (AS FURTHER SET FORTH
IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS
RESOLUTION) AND WAIVING, BY 517THS VOTE, THE FORMAL
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE
IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF
TRIADA BOLLARDS, POLES, REPLACEMENT PARTS, AND RELATED
ITEMS FROM FORMS AND SURFACES, INC., IN AN AMOUNT NOT TO
EXCEED $150,000 ANNUALLY, FOR A PERIOD OF THREE YEARS.
WHEREAS, in Resolution No. 2001-24538, the Mayor and City Commission authorzed
execu-:on of a Professional Services Agreement with Coasts Systems International, Inc., for
the architecture:, engineering and construction management services for the design, canting
and construction of the North Beach Recreational Corridor (NERO) and renovation of the
adjoining Allison Park and the North Beach Bandshell; end
WHEREAS, the resulting design, permitting and construction for the Nandi Beach
Recreational Corridor implemented tine "Triada collards," made and distributed by Forms and
Surfaces, Inc., for the on-grade corcrete pedestrian walkway; and
WHEREAS, the Triada Bollards are durable exterior light boi!ards constructed of
rustproof cast aluminum, and aporoved for wet locations (turtle nesting a'eas and ether areas);
and
WHEREAS, the Triada BcCards were selected because they comply with establishes
regulations for lighting and othe- activities or properties abutting or affecting tire beach,
including east of the Coastal Construction Control Line, for the protection of sea and marine
•
tulles and endangered species nesting on Miami Beach; and
WHEREAS, as Forms and Surfaces, Inc. is the sae authorized manufacturer and
distributor of the Triada Bo'.lards and related items, the City Manager recommends the waiver of
the competitive bidding requirement with respect to :re purchase of Triada Bollards and related
items fret Forms and Surfaces, Inc., as being in the best interest of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission hereby accept the written recommendation of the City Manager(as further set forth
in the City Commission memorandum accompanying this Resolution)and waive, by a 5/7''h vote,
the formal competitive biddlno requirement, finding such waiver to be in the City's best Interest,
and authorize the purchase of Triada Bollards, poles, replacement pars, and related items from
Forms and Surfaces, Inc., in an amount not to exceed 5150,000 annually, for a period of three
(3)years. //
PASSED AND ADOPTED this 42- day of SPlll/ (2018.
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Resolutions-c7 Y
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: J maw L. Morales. City Manager
DATE: September 12, 2018
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF
THE CITY MANAGER (AS FURTHER SET FORTH IN THE CITY COMMISSION
MEMORANDUM ACCOMPANYING THIS RESOLUTION)AND WAIVING, BY 5/7TH
VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING
SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, MD AUTHORIZING
THE PURCHASE OF TRIADA BOLLARDS, POLES,AND REPLACEMENT PARTS
FROM FORMS AND SURFACES, INC., IN AN AMOUNT NOT TO EXCEED
5150,000 ANNUALLY, FOR APERIOD OF THREE YEARS.
RECOMMENDATION
Approve the Resolution.
ANALYSIS
Pursuant to RFQ No. 20-00/01, on July 18, 2001, Resdution 2001-24538 approved and authorized
the Mayor and City Clerk to execute the professional services agreement with Coastal Systems
International, Inc., for the architectural engineering and construction managerrent services for the
design, permitting and construction of the North Beach Recreational Corridor (NBRC) and
renovation of the adjoining Allison and Band Shell Parks. The resulting design, permitting and
construction for the North Beach Recreational Corridor implemented the Forms and Surfaces Triads
bollards for the on-grade concrete pedestrian walkway.
On September 6, 2006, the Mayor and City Commission amended Chapter 46 of the Miami Beach
City Code by adding Article 6 thereof entitled "Turtle Nesting Protection Ordinance," and established
regulations (or lighting and other activities on properties abutting or affecting the beach, including
east of the Coastal Construction Control Line, for the protection of sea and rrarine turtles and
endangered species nesting on Miami Beach.
Pursuant to the award of RFQ No. 20-00/01, on January 25, 2007, the City issued Invitation to Bid
(ITB) No. 27.06107 for the NBRC Phase 1, 2 and 3. On March 14, 2007, the Mayor and City
Commission approved the recommendation that authorized the Administration to enter into
negotiations wit the top ranked firm, Horizon Contractors, Inc. The construction of the NBRC
included an on-grade concrete pedestrian walkway encompassing fifteen (15) city blocks, as well as
path lighting designed to rreel the Department of Environmental Protection (DEP) marine turtle
testing requirements. Specifically, the design, pemritting and construction included Forms and
Surfaces Triada bollards, pores, and fixtures. Since then, several hundred Triada bollards, poles, and
fixtures have not only been installed at the NBRC, but along other areas of the City including beach-
Page 684 of 1502
walks and parks.
The Triads Bollard is a durable exterior light bollard constructed of rustproof cast aluminum and is
ETL listed for wet locations. In addition to having a louvered head, the Triada Bollard can incorporate
180 — 270 degree shields for light direction. Moreover, Forms and Surfaces has customized the
Triads Bollard to include a turtle friendly high-output Amber LED lamp.
Due to the durability of the Triads Bollard and the customizable options which make the bollard a
turtle friendly option that complies with Article 6, Turtle Nesting Protection Ordinance, Chapter 46 of
the Miami Beach City Code, the Administration continues to utilize and further recorrrrends the
continued use of the Triada Bollard, from Fonts and Surfaces. Inc.
CONCLUSION
Based on the foregoing, the City Manager recon.rends that the Mayor and City Commission adopt
this resolution to waive, by a 5l7ths vote, the formal competitive bidding requirements, finding such a
waiver to be in the City's best interest, and authorize the purchase of Triada Bollards, poles, and
replacement parts from Forms and Surfaces, Inc., in an amount not exceed $150,000 annually, for a
period of three (3)years.
KEY INTENDED OUTCOMES SUPPORTED
Build And Maintain Priority Infrastructure With Full Accountability
FINANCIAL INFORMATION
The annual cost associated with these services is subject to funds availability approved in the annual
budgeting process.
Grant funding will not be utilized.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
o Resclutiion Forms and Surfaces
• Page 685 of 1802
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Detail by Entity Name
Foreign Profit Corporation
FORMS AND SURFACES, INC.
pipno Information
Document Number F11000001221
FEIIEIN Number 25-1476717
Date Filed 03/17/2011
State PA
Status ACTIVE
prinapat Address
30 PINE ST.
PITTSBURGH,PA 15223-1919
Maiiinc Addrese
30 PINE ST.
PITTSBURGH,PA 15223-1919
Reaistersd Agent Name 6 Address
PELAEZ,ED
15541 SW 82 CT.
PALMETTO BAY,FL 33157
Officer/Director Detail
Name&Address
The CP
STORK,JEFFREY M
1025 N 71st Avenue
PHOENIX.AZ 850434301
Title S
HICKMANN,GEORGE
30 PINE ST
PITTBURGH,PA 15223-1919
Annual Reverts
Report Year Flled Date
2016 02/15/2016
2017 02/21/2017
2018 03/14/2018
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