HomeMy WebLinkAboutR-2025-070 Award Bid for PD Generator to Zabatt (ITB 24-009)RESOLUTION NO. 2025-070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID
(“ITB”) NO. 2024-009 "POLICE SUBSTATION GENERATOR" TO ZABATT
ENGINE SERVICES, INC. IN THE AMOUNT OF ONE HUNDRED SEVENTY
EIGHT THOUSAND SIX HUNDRED THIRTY DOLLARS AND EIGHT
CENTS ($178,630.08); PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's police sub-station located at 803 NW 1st Street requires a
replacement of its backup power generator due to age, wear, and updates to the City and Broward
County code; and
WHEREAS, ITB No. 2024-009 "Police Substation Generator" was duly advertised in the
Sun-Sentinel on June 24, 2024, and made available on the City's website and Demand-Star; and
WHEREAS, the bids were publicly opened on July 29, 2024, and the City received a bid
from Champs Pro Services at $175,116.00 and Zabatt Engine Services, Inc. at $178,630.08; and
WHEREAS, Champs Pro Services was unable to provide the required bid security and was
deemed unresponsive; and
WHEREAS, Zabatt Engine Services, Inc. was recommended by the design engineers as
the most responsible and responsive bidder; and
WHEREAS, the Public Services Department (PSD) recommends the award of the bid to
Zabatt Engine Services, Inc.
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 City Commission authorizes the proper City officials to execute an
agreement with Zabatt Engine Services, Inc. for the replacement of the police substation generator,
in accordance with the itemized schedule of costs plus a five percent (5%) contingency for
unforeseen circumstances, a copy of which is attached as Exhibit “A” and made a part of and
incorporated into this Resolution by this reference.
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Section 3. That funding will be appropriated and available within the Grant Fund
Police Services/HGMP Hardening Grant (FDEM) Law Enforcement/Infrastructure other than
Bldgs. Account No. 103-21-65-521-63-10.
Section 4. 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are repealed to the extent of such conflict.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.
PASSED AND ADOPTED on May 13, 2025.
Motion by Commissioner Ryan, second by Commissioner Lewellen.
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:
ERIN MCCLENDON JOYCE L. DAVIS
DEPUTY CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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AGREEMENT
THIS IS AN AGREEMENT (“Agreement”) dated _________________, 2025, between
the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place
of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Zabatt
Engine Services, Inc., (“Contractor” with a mailing address of 4612 Highway Avenue,
Jacksonville, Florida 32254. CITY and CONTRACTOR may each be referred to herein as Party and
collectively as Parties.
WITNESSETH
WHEREAS, The CITY has invited bids for a CITY construction project
(“Project”) identified by the bid title, bid number, and project number listed below and
commonly referred to as:
“POLICE SUBSTATION GENERATOR”
ITB 24-009
WHEREAS, the City's police sub-station located at 803 NW 1st Street requires a
replacement of its backup power generator due to age, wear, and updates to the City and Broward
County code; and
WHEREAS, ITB No. 2024-009 "Police Substation Generator" was duly advertised in the
Sun-Sentinel on June 24, 2024, and made available on the City's website and Demand-Star; and
WHEREAS, Zabatt Engine Services, Inc. was recommended by the design engineers as
the most responsible and responsive bidder; and
WHEREAS, the Public Services Department (PSD) recommends the award of the bid to
Zabatt Engine Services, Inc.
WHEREAS, on May 13, 2025 the City Commission authorized the proper City
officials to execute an agreement with Zabatt Engine Services, Inc. for the replacement of
the police substation generator,
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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I. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and
incorporated herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to install a diesel-
electric standby power system at the police substation (the
“Project”).
1.1.3. The CONTRACTOR does accept this Contract and does agree to
furnish the necessary labor, tools, equipment, materials and supplies,
etc., and to complete the Project by performing all the work as set
forth in the this Contract and the Contract Documents for the price and
amounts set forth in Contractor's Bid Proposa1.
1 .1.4. Contractor is an independent contractor as that term is set forth in Section 20
of the ITB.
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the
Contract Documents, which is attached as Exhibit “A”, and incorporated into
this agreement by this reference.
2.2. The "Contract Documents" are the compilation of the following
individual documents:
2.2.1. Invitation to Bid 2.2.2. Instructions for Bidders
2.2.3. Bidder Qualifications 2.2.4. Bid Form
2.2.5. Performance Bond 2.2.6. Payment Bond
2.2.7. Bid Bond 2.2.8. Certificate of Insurance 2.2.9. Public Construction Bond 2.2.10. Addenda 2.2.11. Drug-Free Workplace Certification 2.2.12. Notice to Proceed
2.3. The CITY will issue a Notice to Proceed to authorize CONTRACTOR to
perform the Scope of Services.
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CONTRACTOR shall complete the Project within 210 calendar days.
OBLIGATIONS OF CONTRACTOR
2.4. CONTRACTOR shall:
2.4.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete the Project in accordance with the conditions
and prices as stated in the Contract Documents.
2.4.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly
agrees to comply with every requirement and stipulation therein
contained.
2.4.3. Furnish all tools, equipment, materials and supplies and to do all the
work above mentioned in a first-class, substantial and workmanlike
manner, and in conformity with the detail for said work on file in the
office of the Project Manager and strictly in accordance with the
Contract Documents.
2.4.4. CONTRACTOR shall obtain written approval from the CITY furnish
each subcontractor or material supplier with a copy of his Public
Construction Bond within five (5) days of subcontractors' work or
material supplying and shall maintain records to establish that notice.
A copy of said notice shall be provided to the CITY's Project Manager
at time of issuance.
2.4.5. Guarantee all work and materials for a period of one (1) years.
2.4.6. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers incurred in and about this work.
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2.4.7. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and
adjacent property that may have been used or worked on by the
CONTRACTOR in connection with the project promptly as such
section or portion is completed and ready for use, leaving the same
in a neat and presentable condition.
2.4.8. Observe and comply with the provisions of the charter, ordinances,
codes and regulations of the CITY of Dania, Florida.
2.4.9. Obtain written approval from the CITY of all subcontractors not
disclosed in the Contractor's bid document and the fees to be paid to
them by CONTRACTOR, prior to any Subcontractor proceeding
with any such work.
2.4.10. Perform such other tasks as set forth in the Contract Documents.
2.4.11. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10)
calendar days of the Award of the Project.
2.4.12. The CONTRACTOR will be held responsible for the care, protection
and condition of all work until final completion and acceptance
thereof, and will be required to make good at his own cost any damage
or injury occurring from any cause resulting from their acts or
omissions, or the acts or omissions of their subcontractors or
suppliers.
2.4.13. The CONTRACTOR shall, in accordance with section 255.05,
Florida Statutes, before commencing the work or before
recommencing the work after a default or abandonment, execute and
record in the public records of Broward County a Public Construction
Bond. The Public Construction Bond shall comply with the
requirements of Section 255.05, Florida Statutes. The
CONTRACTOR shall comply with the requirements of Section
255.05, Florida Statutes.
3. TERM
3.1. The initial term ("Initial Term") of this Contract shall be for 210 days from
the effective date set forth above, unless otherwise terminated earlier
pursuant to the terms of this Contract. City has the option, in its sole and
absolute discretion, to extend this Contract if necessary to complete the
Project.
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4. CITY'S OBLIGATIONS
4.1. CITY shall provide a written Notice to proceed to CONTRACTOR.
4.2. Make timely payments for the work in accordance with the procedures and
time frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance
and payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work upon receipt of the Notice
to Proceed and to complete the Project as set forth in the Scope of Services.
5.2. Time is the essence of the contract.
5.3. CONTRACTOR shall notify the Project Manager in writing of any change in
the names and addresses of each subcontractor proposed for principal parts of
work, and any changes in subcontractors from those proposed in
CONTRACTOR's bid proposal, and for such others as the Project Manager
may direct, and shall not employ any that CITY may, within a reasonable time,
object to as incompetent or as unfit. CONTRACTOR may, to the extent the
CONTRACTOR'S schedule is delayed, be entitled to an extension of time
based upon the number of days it takes CITY to approve a change to
subcontractor.
6. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
6.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the
CITY.
7. INDEMNIFICATION
7.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY,
its agents, servants, arid employees from and against any claim, demand,
or cause of action of whatsoever kind or nature arising out of error, omission
or negligent act of CONTRACTOR, its agents, servants, or employees in the
performance of services under this Contract.
7.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its
agents, servants and employees from against any kind and all causes, claims,
demands, actions, losses, liabilities, settlements, judgments, damages, costs,
expenses, and fees (including without limitation reasonable attorney's and
paralegal expenses at both the trial and appellate levels) of whatsoever kind
or nature for damages to persons or property caused in whole or in part by any
act, omission, or default of the CITY, its agents, servants or employees
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arising from this contract or its performance. The CONTRACTOR and the
CITY hereby agree and covenant that the CONTRACTOR has incorporated
in this original bid, which constitutes the Contract sum payable by the CITY
to the CONTRACTOR, specific additional consideration in the amount of
twenty-five dollars ($25.00) sufficient to support this obligation of
indemnification provided for in this paragraph. The indemnification required
pursuant to the Contract shall in no event be less than $1 million per occurrence
or no more than the limits of insurance required of the CONTRACTOR by
the Contract, whichever is greater. It is the CITY’S and CONTRACTOR'S
full intention that this provision shall be enforceable and said provision shall
be in compliance with Section 725.06, Florida Statute.
7.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as
well as the insurance provisions which are set forth in the General Conditions
for Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from
the other.
7.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject
to any offset, limitation or defense as a result of any insurance proceeds
available to either the CITY or the CONTRACTOR.
8. PAYMENT BY CITY
8.1. City agrees to pay the Contractor a not-to-exceed amount of $178,630.08,
as shown on Contractor’s Bid Form, attached as Exhibit “B”, and
incorporated into this Agreement by this reference.
9. CHANGES IN THE WORK
9.1. The CITY, without invalidating this Contract may order extra work or make
changes by altering, adding to or deducting from the work, and a Work Order
documenting the change will with the adjusted sum will be provided to the
CONTRACTOR. All such work shall be executed under the conditions of
this Contract and Work Order. Any claim for extension of time caused
thereby shall be made in writing at the time such change is ordered.
9.2. All change orders and adjustments shall be in writing and approved by the
Project Manager, otherwise, no claim for extras will be allowed.
9.3. Claim of payment for extra work shall be submitted by the CONTRACTOR
upon certified statement supported by receipted bills. Such statements shall
be submitted for the current contract payment for the month in which the work
was done. No claim for extra work shall be allowed unless same was ordered,
in writing, after the work is completed.
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10. PROJECT MANAGER
10.1. The Project Manager is the Director of Public Works, or the Director's
designee.
11. INSURANCE
11.1. The CONTRACTOR shall obtain and maintain insurance as set forth in
Section 27 of the ITB and attached as Exhibit “C” which is incorporated
into this Agreement by this reference.
12. CONTRACT CONTROLS
12.1. This Contract must be construed with all other Contract Documents, a master
set of which shall be maintained by the CITY Clerk of the CITY. In the event
of a dispute, only the master set of documents, or copies thereof certified by
the CITY Clerk, shall be used as evidence.
12.2. In the event of a conflict between the requirements or specifications set forth
in the Contract Documents, the conflict shall be resolved by written
interpretation by the CITY. In reconciling conflicting provisions of the
Contract Documents, the Contract shall have the greatest weight, followed
by the ITB, then by the balance of the Contract Documents.
13. TIME IS OF ESSENCE
13.1. Inasmuch as the provisions of the Contract Documents relating to the times
of performance and completion of the work are for the purpose of enabling
the CITY to complete the construction of a public improvement in
accordance with a predetermined program, all such time limits are of the
essence of the Contract.
REMEDY FOR DELAY
13.2. In the event of any delay in the Project caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party
other than the CONTRACTOR, his agents, employees or subcontractors, or
delay caused by weather conditions or unavailability of materials, the sole
remedy available to CONTRACTOR shall be by extension of the time
allocated to complete the project.
13.3. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED
TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE
PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS
AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS
LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY
RISK ASSOCIATED WITH THIS LIMITATION.
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13.4. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for
completing the work within the time allocated by this Contract.
14. DISPUTES
15.1 Disputes shall be resolved as set forth in Section 35, paragraphs 35.3 and 35.4 of
the ITB.
15. NO WAIVER OF RIGHT TO ENFORCE.
16.1 The waiver of any breach or any term covenant or condition in this Agreement
contained shall not be deemed to be a waiver of such term, covenant or any subsequent
breach of the same or any other term, covenant or condition contained in this Agreement.
No covenant, term, or condition shall be deemed to have been waived, unless such waiver
is in writing. There shall be no accord and satisfaction unless expressed in writing and
signed by both the CITY and CONTRACTOR.
16. SOVEREIGN IMMUNITY.
17.1 CONTRACTOR acknowledges that the Florida Doctrine on Sovereign Immunity
bars all claims by CONTRACTOR against the CITY other than claims arising out of this
Agreement. Specifically, the CONTRACTOR acknowledges that it cannot and will not
assert any claims against the CITY, unless the claim is based upon a breach by the CITY
of this Agreement. Further, the CONTRACTOR recognizes that the CITY is a sovereign
with regulatory authority that it exercises for the health, safety, and welfare of the public.
This Agreement in no way estops or affects the CITY's exercise of that regulatory authority.
In addition, the CITY retains the full extent of its sovereign immunity in relation to the
exercise of its regulatory authority. The CONTRACTOR acknowledges that it has no right
and will not make claim based upon any of the following:
A. Claims based upon any alleged breach by the CITY of implied warranties
for representations not specifically set forth in this Agreement, as the parties
stipulate that there are no such implied warranties or representations of the
CONTRACTOR. All obligations of the parties are only as set forth in this
Agreement;
B. Claims based upon negligence or any tort arising out of this Agreement;
C. Claims upon alleged acts or inaction by the CITY, its commissioners,
attorneys, administrators, CONTRACTOR, agents, or any CONTRACTOR
employee;
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D. Claims based upon an alleged waiver of any of the terms of this Agreement
unless such waiver is in writing and signed by an authorized representative for the
CITY and CONTRACTOR.
17. SCRUTINIZED COMPANIES.
18.1 CONTRACTOR shall certify that it is not on the Scrutinized Companies that Boycott
Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged
in a boycott of Israel. The CITY may terminate this Agreement at the CITY's option if
CONTRACTOR is found to have submitted a false certification as provided under subsection (5)
of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel.
18. VERIFICATION OF EMPLOYMENT ELIGIBILITY
19.1 CONTRACTOR represents that CONTRACTOR, and each Subcontractor has
registered with and uses the E-Verify system maintained by the United States Department of
Homeland Security to verify the work authorization status of all newly hired employees in
compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this
Agreement will not violate that statute. If CONTRACTOR violates this section, Municipality may
immediately terminate this Agreement for cause and CONTRACTOR shall be liable for all costs
incurred by Municipality due to the termination.
19. MISCELLANEOUS
20.1 Joint Preparation. Preparation of this Contract has been a joint effort of CITY and
CONTRACTOR, and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any other.
20.2 Facsimile or Electronic Signature Deemed Original and Counterparts. This
Contract and any amendment or addendum thereto, may be executed and distributed by
facsimile or electronically by pdf and a copy of the Contract executed and distributed by
facsimile or electronically by pdf shall be deemed an original for all purposes. The
Contract and any amendment or addendum thereto may be executed in counterparts, each
of which shall be deemed to be an original, but all of which, taken together, shall
constitute one and the same agreement. The Parties agree that signatures by facsimile
and/or .pdf are acceptable and binding.
20.3 Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Agreement. Therefore, the parties agree that there are no third-party
beneficiaries to this Agreement and that no third party shall be entitled to assert a claim
against either of them based upon this Agreement.
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20.4 It is mutually understood and agreed that nothing contained in this Agreement is
intended or is to be construed in any manner or under any circumstances whatsoever as creating
or establishing the relationship of co-partners or creating or establishing the relationship of a joint
venture between the CITY and CONTRACTOR, or as constituting CONTRACTOR as the agent
or representative of the CITY for any purpose or in any manner whatsoever.
20. SURVIVAL
21.1 The termination of the Agreement will not release CONTRACTOR from its obligation to
indemnify CITY for any acts which occurred prior to the termination of the Agreement, unless
otherwise agreed upon by CITY and CONTRACTOR or by judicial decree. Upon termination or
expiration of this Agreement, the CONTRACTOR shall remain liable for all obligations and
liabilities that have accrued prior to the date of termination or expiration, unless relieved of such
obligation or liability by action of a court or rule of law.
SIGNATURES ON THE FOLLOWING PAGES
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IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
listed below.
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ELORA RIERA, MMC JOYCE L. DAVIS
MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
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CONTRACTOR:
WITNESSES: Zabatt Engine Services, Inc., a Florida
corporation.
SIGNATURE SIGNATURE
_________________________
PRINT Name PRINT Name
_________________________
SIGNATURE Title
_________________________ Date:
PRINT Name
STATE OF FLORIDA)
COUNTY OF )
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on __ ,2025 by ___________________________ as
___________________ of Zabatt Engine Services, Inc, a Florida corporation. He/she is
personally known to me or has produced as identification.
My Commission Expires: Notary Public, State of Florida
Print Name
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CITY OF DANIA BEACH, FLORIDA
“POLICE SUBSTATION GENERATOR”
CITY INVITATION TO BID
(“ITB.”) NO. 24-009
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
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TABLE OF CONTENTS
NOTICE TO BIDDERS
PROJECT DOCUMENTS
MANDATORY PRE-BID CONFERENCE
BID DOCUMENTS
LIST OF DRAWINGS
SECTION 1 INTRODUCTION AND INFORMATION
SECTION 2 SPECIAL PROVISIONS
SECTION 3 NO BIDS
SECTION 4 CAUSES FOR REJECTION OF A BID
SECTION 5 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS
SECTION 6 GENERAL CONDITIONS
SECTION 7 SPECIAL CONDITIONS
SECTION 8 PUBLIC ENTITY CRIMES STATEMENT
SECTION 9 PRICES, TERMS ARE TO BE FIRM
SECTION 10 BID SECURITY
SECTION 11 PROTECTION OF PROPERTY
SECTION 12 TRASH
SECTION 13 INSTRUCTIONS TO BIDDERS
SECTION 14 RETENTION OF RECORDS AND RIGHT TO ACCESS CLAUSE
SECTION 15 NON-COLLUSION STATEMENT
SECTION 16 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS
SECTION 17 PUBLIC RECORDS
SECTION 18 SUCCESSORS AND ASSIGNS
SECTION 19 QUALIFICATION OF BIDDERS
SECTION 20 CONTRACTOR'S RELATION TO THE CITY
SECTION 21 EMPLOYEES OF THE CONTRACTOR
SECTION 22 AVAILABILITY OF FUNDS
SECTION 23 LICENSES, PERMITS AND FEES
SECTION 24 TERMINATION OF AGREEMENT
SECTION 25 TERMINATION OF AGREEMENT FOR CAUSE
SECTION 26 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
SECTION 27 INSURANCE REQUIREMENTS
SECTION 28 SAFETY
SECTION 29 WARRANTY
SECTION 30 RESPONSIBLE BIDDER
SECTION 31 CONTRACTOR’S FINANCIAL /EXPERIENCE RECORD
SECTION 32 PROGRESS PAYMENTS
SECTION 33 BILLING PROCEDURE
SECTION 34 BID PROTEST PROCEDURE
SECTION 35 LITIGATION
SECTION 36 VERIFICATION OF EMPLOYMENT ELIGIBILITY
SECTION 37 CONTRACT AWARD AND EXECUTION
SECTION 38 CONE OF SILENCE
SECTION 39 ADDITIONAL GENERAL CONDITIONS
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EXHIBIT “A” BIDDER QUALIFICATIONS
EXHIBIT “B” BID FORM
EXHIBIT “C” PERFORMANCE BOND
EXHIBIT “D” PAYMENT BOND
EXHIBIT “E” BIDDER’S QUESTIONNAIRE
EXHIBIT “F” SWORN STATEMENT UNDER SECTION §287.133(3)(a), F.S., FLORIDA
STATUTES ON PUBLIC ENTITY CRIMES
EXHIBIT “G” NON-COLLUSION AFFIDAVIT
EXHIBIT “H” INDEPENDENCE AFFIDAVIT
EXHIBIT “I” REFERENCES
EXHIBIT “J” BID BOND
EXHIBIT “K” BID SECURITY
EXHIBIT “L” ACKNOWLEDGMENT OF ADDENDA
EXHIBIT “M” CERTIFICATION TO ACCURACY OF BID
EXHIBIT “N” DRUG-FREE WORKPLACE CERTIFICATION
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CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
“POLICE SUBSTATION GENERATOR”
INVITATION TO BID (“ITB”) No. 24-009
NOTICE TO BIDDERS
NOTICE IS GIVEN that the City of Dania Beach, Florida, will be accepting sealed Bids for its
“POLICE SUBSTATION GENERATOR” INVITATION TO BID (“ITB”) No. 24-009.”
Documents may be obtained from www.demandstar.com or from the City Website at
www.daniabeachfl.gov. For additional information concerning this proposal, please contact the
Procurement Division at procurement@daniabeachfl.gov.
Electronic proposals must be received no later than 10:00 A.M. on July 22, 2024. Proposals will
be publicly opened at 10:00 A.M. on that same day utilizing Zoom meeting software. Proposals
must be submitted at www.demandstar.com.
The City of Dania Beach reserves the right to reject any and all proposals, with or without cause,
to waive any informality in a proposal, to terminate the process or re-advertise and solicit new or
additional proposals, and to make awards in the best interest of the City.
This project will be partially funded by the Federal Emergency Management Agency
(FEMA) and as such Bidders must consider the compliance requirements contained in the
Federally-Funded Subaward and Grant Agreement, Agreement Number H0243, between
the City of Dania Beach and the Florida Division of Emergency Management.
PROJECT DOCUMENTS
Documents may be obtained from www.demandstar.com or from the City Website at
www.daniabeachfl.gov.
MANDATORY PRE-BID CONFERENCE
A Pre-bid conference will not be held.
BID DOCUMENTS
Bids must be submitted electronically on DemandStar, the City’s designated electronic bidding
system. All bid document files must be clearly labeled “POLICE SUBSTATION
GENERATOR” INVITATION TO BID (“ITB”) No. 24-009.
All bid prices shall be guaranteed firm for a minimum of one hundred twenty (120) calendar
5
days after the submission of the bid. No bidder may withdraw a bid within ninety (90) calendar
days after the bid opening date.
Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or
award of bid, whichever is sooner. In the event presentations are necessary, all non-presenting
bidders will be required to exit the room during the presentations of each of the other bidders as
portions of selection committee meetings at which presentations are made are exempt from
Florida’s public meeting laws.
A certified check, cashier's check, bank officer's check, or bid bond for Ten Thousand Dollars
($10,000.00), made payable to the City of Dania Beach shall accompany each proposal.
Bids will be publicly opened and read aloud immediately after the submission deadline on the
Bid due date referenced above using Zoom meeting software on the above stated date. Award of
a contract will be made at a subsequent City Commission meeting.
All bidders are advised that the City has not authorized the use of the City seal by individuals or
entities responding to City bids. Bidders shall demonstrate successful performance of projects of
a similar magnitude, scope, and value as this project.
The City Commission of the City of Dania Beach reserves the right to reject any and all bids, to
waive any informality in a bid and to make an award in the best interests of the City, as Owner.
CITY OF DANIA BEACH, FLORIDA
Published on: June 22, 2024
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“POLICE SUBSTATION GENERATOR”
ITB 24-009.
DRAWINGS AND TECHNICIAL SPECIFICATIONS ARE
POSTED ON CITY WEBSITE AND DEMANDSTAR
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SECTION 1 - INTRODUCTION AND INFORMATION
1.1 SCOPE
1.1.1 The City of Dania Beach, Florida (the “City” or “Owner”), is actively
seeking bids from qualified Contractors (the “Contractor”), for a project known as “POLICE
SUBSTATION GENERATOR. This project consists of installing a diesel-electric standby
power system at the police substation. The process will include an analysis for electrical
compatibility, ensuring connections through established raceways, and integrating the system
with high-quality wires and cables. Also includes grounding for safety, followed by
comprehensive testing to verify the system's reliability.
1.1.2 By submitting a bid, the Bidder acknowledges that he, she, or it is familiar with
the scope of services prior to submitting a bid. Failure of a Bidder to be familiar with the
requirements of the Project Work does not relieve the Contractor of the responsibility for
completion of all required services for the Project.
1.1.3 It shall also be the Bidder's responsibility to visit the proposed Project Site to
become thoroughly familiar with the nature and extent of the Work to be performed and all local
existing site conditions, and to make his or her own estimate of the facilities and difficulties
attending the execution of the Work; no allowance shall be made by the Owner for the Bidder's
failure to do so.
1.1.4 Bids will be considered if submitted by qualified Contractors who or which have
experience, including similar previous work in the provision of the requested services.
Contractors offering full service will receive the highest consideration.
1.1.5 Applicants should include the following items in the submitted Bid:
Letter of Transmittal;
a. Anticipated timeline to begin delivery of services;
b. A breakdown of the costs for the delivery of services described above.
c. Résumés of key personnel who will actually be assigned to the Project Work and
a description of the role of each person within the company.
d. NOTE: The City expects those personnel listed to be those who will be actually
performing the Project Work. Substitutions (Contractors only) will be permitted
only upon written approval of the City’s representative or designee who is in
charge of the Project.
e. A list of five (5) similar projects performed in South Florida (see the form to be
used which is included as Exhibit “A”, “Bidder Qualifications”; it is made a part
of and is incorporated into the ITB by this reference) and it includes the following
information:
1) Name of each entity for which the work was performed;
2) Brief description of the scope of work;
3) Amount of initial contract award; and
4) Name of contact person and contact information with the entity who can
knowledgeably discuss your company’s performance.
f. Indication that the Contractor can provide increased levels of service (additional
hours) at the same cost per hour; and
g. Any other information that the Contractor feels is relevant to assist the City in
evaluating Contractor’s qualifications.
h. The City intends to award an agreement to the lowest, responsive, responsible
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Bidder for the requested services specified in the ITB, taking into consideration
experience, staffing, equipment, materials, references and past performance. The
City reserves the right to reject any and all bids, to waive any informality in a bid
and to make an award in the best interests of the City. In case of disputes in the
award of the agreement, the decision of the City shall be final and binding on both
parties.
i. If the Bidder to whom or to which an award is made fails to enter into an
agreement, the award may be annulled and the agreement offered to the next most
qualified Bidder or to the Bidder which offered the next lowest, responsive and
responsible bid in the opinion of the City. THE CONTRACTOR AND ANY
SUBCONTRACTOR(S) SHALL NOT COMMENCE WORK ON THE
PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY
BOTH PARTIES.
SECTION 2- SPECIAL PROVISIONS
As a federally-funded Hazard Mitigation Grant Program (HMGP) project, the following
provisions apply:
2.1 MATERIALS AND SUPPLIES
All unmanufactured and manufactured articles, materials and supplies which are acquired for
public use must have been produced in the United States as required under 41 U.S.C. 10a, unless
it would not be in the public interest or unreasonable in cost. Contractor shall be required to
make maximum use of recovered/recycled materials per § 200.317, § 200.322.
2.2 EQUAL OPPORTUNITY EMPLOYMENT
During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, color religion, sex, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall 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 contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees places by
or on behalf of the contractor, stat that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex, or
national origin.
c. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
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understanding, a notice to be provided advising the said labor union or workers’
representatives of the contractor’s commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of
September 24,1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
f. In the vent of the contractor’s noncompliance with the nondiscrimination clauses of
this project, or with any of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended in whole or in part and the contractor may
be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or as otherwise provided by law.
g. The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for noncompliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
administering agency the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
2.3 COPELAND ANTI-KICKBACK ACT
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
b. Subcontracts. This contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the
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compliance by any subcontractor or lower tier subcontractor with all of these
contract clauses.
c. Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provide in 29
C.F.R. § 5.12.
2.4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.
2.5 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act (42 U.S. C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
2.6 SUSPENSION AND DEBARMENT
a. This contract is a covered transaction for purposed of 2 C.F.R. pt. 180 and 2 C.F.R.
pt 3000. As such the contractor is required to verify that none of the contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at
2 C.F.R. § 180.935).
b. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt 3000,
subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the Division of
Emergency Management. If it is later determined that the contractor did not
comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt 3000, subpart C, in
addition to remedies available to the Division of Emergency Management, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
d. The bidder or proposed agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt 3000, subpart C while this offer is valid and throughout
the period of any contract that may arise from this offer. The bidder further agrees
to include a provision requiring such compliance in its lower tier covered
transactions.
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2.7 BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment, 31 U.S. C. § 1352 (as amended). Contractors who apply or
propose for an award of $100,000 or more shall file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or any employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other award covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
2.8 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S
BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.
Prime contractors, if subcontracts are to be let, shall take the following affirmative steps:
a. Placing qualified small and minority businesses and women’s business enterprises on
solicitation lists;
b. Assuring that small and minority businesses and women’s business enterprises are
solicited whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses and women’s
business enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses and women’s business enterprises; and
e. Using the services and assistance, as appropriate, of such organizations a the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
SECTION 3 - NO BIDS
If a Bidder does not intend to bid, please indicate the reason, such as insufficient time to respond,
do not offer product or service, unable to meet specifications, schedule would not permit, or any
other reason. Failure to bid prior to the date and time scheduled for the bid opening may result in
the Bidder being deleted from the City’s bidders’ registration list for the services requested in the
Invitation to Bid.
SECTION 4 - CAUSES FOR REJECTION OF A BID
4.1 No bid will be considered or accepted that, in the opinion of the City, is informal or
unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its
own proportion of the cost as nearly as is practicable. However, the City shall be under no
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obligation to investigate the correctness of any bid, and the Bidder by signing the bid shall be
deemed to have verified that no errors appear in the bid as submitted. Any alterations, erasures,
interlineations or failures of a bid to contain all items called for in the ITB may result in rejection
of the bid.
4.2 If any Bidder violates any provision in the ITB, such Bidder may be disqualified from
performing the Project Work, or from furnishing the requested services for which the bid was
submitted, and the Bidder may be further disqualified from bidding on any future bids for work,
for goods, or for services for the City.
4.3 The Bidder shall complete the “Bid Form”, which is attached as Exhibit “B”; it is made
a part of and is incorporated into the ITB by this reference.
SECTION 5 - INTERPRETATION AND CLARIFICATION OF BIDDING
DOCUMENTS
5.1 All questions requiring interpretation or clarification of the bidding documents shall be
made in writing and shall be delivered to the City (and its Contractor, if applicable) by 5:00 p.m.
on July 15, 2024. Questions submitted after this time will not be addressed.
5.2 For information pertaining to this ITB, email the Procurement Administrator at
procurement@daniabeachfl.gov. Such contact shall be for clarification purposes only.
Material changes, if any, to the scope of services or Proposal procedures will be transmitted
only by written addendum.
5.3 Interpretations or modifications of the bidding documents made in any manner other than
Addendum or Addenda issued by the City shall not be binding and shall have no effect.
5.4 The Bidder, prior to submitting a bid, shall ascertain that it has received any Addendum
or Addenda issued by the City for this Project, and that shall be acknowledged in writing by an
authorized representative.
5.5 Costs for those matters not questioned and not addressed in an Addendum or Addenda,
shall be the responsibility of the Bidder, and Bidder shall be responsible to include such costs
within the submitted Bid.
5.6 Bidders shall use the Bid Document Forms furnished in the ITB. Bid Base Amounts
shall be furnished in both words and numerals, and in case of a discrepancy between the two, the
amount written in words shall govern.
5.7 In the event of a mathematical error in the extension of any unit price, or addition of total
price, the unit price shall prevail.
5.8 Insurance Coverage: Bidders who are responding to the Invitation to Bid (“ITB”)
MUST comply with all of the insurance requirements specified in Section 27 (“Insurance
Requirements”) of the Bid Documents and the Agreement upon award to the successful Bidder.
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SECTION 6 - GENERAL CONDITIONS
6.1 Purpose: The purpose of the Invitation to Bid is to establish between the City and the
Contractor an agreement to perform the project work. The successful Bidder shall provide a
Performance Bond for One Hundred Ten percent (110%) of the contract price made payable to
the City of Dania Beach, Florida, within fourteen (14) days of notification of the award of the
agreement. A copy of the Performance Bond form is attached as Exhibit “C”; it is made a part of
and is incorporated into the ITB by this reference.
6.2 Documentation: Bidder shall submit in its bid the following:
a. Evidence that the Bidder is certified and licensed to perform the required services
in the State of Florida. The successful Bidder must be in compliance with all
applicable laws and regulations;
b. A statement stating the number of years the Contractor has been a qualified
provider of the requested services; and
c. A complete Bidder’s Questionnaire form which is attached as Exhibit “E”; it is
made a part of and is incorporated into the ITB by this reference.
6.3 Bidder Expenses: Bidders are solely responsible for their own expenses in preparing and
submitting Bids, and for any meetings, negotiations or discussions with the City or its
representatives and Contractors, relating to or arising from this ITB. The City and its
representatives, agents, Contractors and advisors shall not be liable to any Bidder for any
claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any
other matter whatsoever, incurred by any Bidder in preparing and submitting a Bid, or
participating in negotiations for a contract, or any other activity related to or arising out of this
ITB.
6.4 No Contract: By submitting a Bid and participating in the process as outlined in this
ITB, Bidders expressly agree that no contract of any kind is formed under or arises from this
ITB prior to the complete signing by both parties of a formal written contract.
Conflict of Interest: Bidders shall disclose any potential conflicts of interest and existing
business relationships they may have with the City. If requested by the City, a Bidder should
provide all pertinent information regarding ownership of the entity within forty-eight (48) hours
of the City’s request.
6.5 General Conditions: The agreement to be awarded will be subject to the provisions of
the United Sates Constitution, Florida laws, statutes and ordinances of the United States of
America, the State of Florida, Broward County and the City of Dania Beach.
SECTION 7 - SPECIAL CONDITIONS
7.1 Any and all Special Conditions contained in the ITB that may be in variance or conflict
with the General Conditions shall have precedence over the General Conditions. If no changes
or deletions to General Conditions are made in the Special Conditions, then the General
Conditions shall prevail in their entirety.
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7.2 The Notice of Invitation to Bid, Bidder’s Questionnaire, Specifications, Exhibits,
Addendum or Addenda, the legal advertisement of the ITB and any other pertinent documents
form a part of the ITB, and ultimately, the agreement; all of the documents are made a part of
and are incorporated into the ITB and the awarded agreement.
SECTION 8 - PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who, or which has been placed on the State of Florida convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases
of real property to a public entity, may not be awarded or perform work as a Contractor, supplier,
subcontractor or Contractor under an agreement with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 F.
S. for CATEGORY TWO, which is $35,000.00, for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list. A form to that effect, as mentioned above,
must be submitted by the Bidder. A copy of the Sworn Statement on Public Entities Crimes is
attached as Exhibit “F”; a copy is made a part of and is incorporated into the ITB by this
reference.
SECTION 9 – PRICES, TERMS ARE TO BE FIRM
9.1 The Bidder warrants by virtue of its Bid that the prices, terms and conditions contained in
the ITB shall be firm for a period of no less than one hundred twenty (120) calendar days from
the date of the bid opening.
9.2 The bid prices shall include all permit fees, royalties, license fees, taxes and other costs
arising from the use of the materials and equipment in any way involved in the Project Work, as
well as all costs of packaging, transporting and delivery of any materials and equipment to the
designated location within the City, and the site cleanup. If the Project exceeds a cost of
$50,000.00, the agreement is subject to the City's Prevailing Wages' Ordinance, Code of
Ordinances; a copy is attached as Exhibit “G” and it is made a part of and is incorporated into the
ITB by this reference.
9.3 The City may require the addition or deletion of services from the Contractor if the
requirements and needs of the City change, in City’s sole opinion. This may entail additional
services and additional locations. The Contractor shall provide the City with costs for these
additional services and additional locations or both, based upon the cost structure utilized in
establishing the pricing for listed locations in initially contracted areas. Deletion of locations,
services, or both shall be handled in the same manner as described above. If the costs offered are
not acceptable to the City, the City reserves the right to procure the additional services from one
or more other Contractors.
SECTION 10 - BID SECURITY
10.1 Bid Security: Simultaneously with the delivery of an executed Bid to the Owner, the
Bidder shall furnish to the Owner a Bid Security in the amount of Ten Thousand Dollars
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($10,000.00) as security for the faithful execution of an Agreement with the Owner in the event
of a bid award by the City Commission.
10.2 Bid security may be in the form of a cashier's check payable to the City of Dania Beach
and drawn on a Florida bank, or a Bid Bond (see Exhibit “K”) issued by a surety meeting the
qualifications stated in these Instructions to Bidders. Bonds shall be submitted on the forms
provided by the Owner. Bonds shall be returned subsequent to award of the Agreement by the
City Commission and execution by the successful Bidder and the appropriate City officials. If
the Bidder fails to submit the required executed agreement within fourteen (14) calendar days
after an award, the Bidder agrees that the City may retain the bid security deposit as the City’s
liquidated damages.
10.3 Failure of the successful Bidder to execute an Agreement, to furnish Performance and
Payment Bonds when required, and to furnish Certificates of Insurance in the minimum amounts
specified in the Bid shall be just cause for the rescission of the agreement award and the
retention of the Bid Security deposit by the Owner. Such retention shall be considered not as a
penalty, but as liquidation of the claims of the Owner for damages it sustained, which are not
otherwise readily ascertainable. Award may then be made to the next ranked Bidder, or all Bids
may be rejected.
SECTION 11 - PROTECTION OF PROPERTY
11.1 The successful Bidder shall at all times guard against damage or loss to City property or
property of other persons, vendors or Contractors and shall be responsible for replacing or
repairing any such damage or loss. The Contractor will be required to report any such damages
immediately to the City’s representative in charge of the Project.
11.2 The City reserves the right to repair any damages created by the Contractor and to deduct
the appropriate amount from any payment due to the Contractor. In all cases, the decision of the
City is final.
SECTION 12 - TRASH
Contractor shall be responsible for the daily removal of trash and debris from the Project work
sites and upon completion of the Project Work.
SECTION 13 - INSTRUCTIONS TO BIDDERS
13.1 Form Documents: The bid and its accompanying statements must be made on the forms
provided in the ITB. The forms must be submitted in good order and with all the blanks
completed. The bid must be signed by a representative of the Bidder duly authorized to do so,
and, in the case the bid is signed by a deputy or subordinate, the principal’s written authority to
do so must accompany the bid.
13.2 Taxes: The City is exempt from any taxes related to the requested services, which may
otherwise be imposed by the state or federal government. This exemption does not transmit to
suppliers in their purchases of goods or services, used in work or goods supplied to the City. The
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Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law.
The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and
complying with all requirements.
SECTION 14 - RETENTION OF RECORDS AND RIGHT TO ACCESS
The successful Bidder shall preserve and make available all financial records, supporting
documents, statistical records, and any other documents pertinent to the agreement for a period
of three (3) years after termination or conclusion of the agreement, or if an audit has been
initiated and audit findings have not been resolved at the end of these three (3) years, the records
shall be retained by the City until resolution of audit finding.
SECTION 15 - NON-COLLUSION STATEMENT
By submitting a bid, the Bidder affirms that the bid is without previous understanding,
agreement, or connection with any person, business, or corporation and that the bid is in all
respects fair, and made without collusion or fraud. The Non-Collusion Affidavit form must be
executed by the Bidder; a copy of the form is attached as Exhibit “H”; it is made a part of and is
incorporated into the ITB by this reference.
SECTION 16 - MINIMUM AND MANDATORY TECHNICAL SPECIF ICATIONS
The technical specifications may include items that are considered minimum, mandatory, or
required. If any Bidder is unable to provide these items, and feels that the technical
specifications are overly restrictive, the Bidder must notify the City of Dania Beach in writing
immediately. Such notification must be received by the City prior to the deadline contained in
the ITB, for questions of a material nature, at least ten (10) calendar days prior to the bid opening
date. If no such notification is received prior to that deadline, the City will consider the technical
specifications to be acceptable to the Bidder.
SECTION 17 - PUBLIC RECORDS
17.1 Bid Submissions Shall Become City Property: All submissions become the property
of the City and will not be returned to the Bidder. The City will hold all submissions in
confidence unless otherwise required by law.
17.2 Contractor’s Obligations: Bidders should be aware the City is a “public body” as
defined in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section
119.0701(2) (a), and the related provisions of the Florida Public Records Law. If awarded this
project, the following will apply:
17.2.1 Documents to Be City Property: Unless otherwise provided by law, any and all
records, including but not limited to reports, surveys, and other data and documents provided or
created in connection with the contract are and shall remain the property of the City.
17.2.2 Maintenance of Records: Bidder agrees to keep and maintain public records in
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Bidder’s possession or control in connection with Bidder’s performance under the contract. Bidder
additionally agrees to comply specifically with the provisions of Section 119.0701, Florida
Statutes. Bidder shall 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, and following completion of the contract until the records are transferred
to the City.
17.2.3 Response to Public Records Requests: Upon request from the City custodian of
public records, Bidder shall 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 by Chapter 119, Florida Statutes, or as otherwise provided by law.
17.2.4 Delivery of Records: Upon completion of the contract or in the event of
termination by either party, any and all public records relating to the contract in the possession of
the Bidder shall be delivered by the Bidder to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Bidder shall be delivered to the City in a
format that is compatible with the City’s information technology systems. Once the public records
have been delivered upon completion or termination of the contract, the Bidder shall destroy any
and all duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements.
Any compensation due to Bidder shall be withheld until all records are received as provided in this
ITB.
17.2.5 Failure to Comply: Bidder’s failure or refusal to comply with the provisions of this
section shall result in the immediate termination of the contract by the City.
17.3 Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes:
IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE
BIDDER MUST CONTACT THE CITY CUSTODIAN OF PUBLIC
RECORDS.
Custodian of Records: Elora Riera, City Clerk
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-6800, Ext. 3623
Email: eriera@daniabeachfl.gov
SECTION 18 - SUCCESSORS AND ASSIGNS
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The City and Contractor, respectively, will bind themselves, their partners, successors, assigns
and legal representatives to the agreement. Neither party to the agreement shall assign or
subcontract it or any portion of it, without the advance written consent of the other.
SECTION 19 - QUALIFICATION OF BIDDERS
19.1 Bidders’ Qualifications: The Bidder shall complete the Bidders’ Qualifications Form
(Exhibit “A”) attached, along with any other evidence of satisfactory experience and ability to
perform the proposed Work. The failure of Bidder to demonstrate successful performance of
projects of a similar magnitude, scope and value as this project may be deemed to be grounds for
declaring the Bidder to be non-responsible.
19.2 Certified Financial Statement: If requested by the Owner, the Bidder shall submit a
certified financial statement, prepared within thirty (30) days of submission of the bid, indicating
current financial resources, liabilities, capital equipment, and financial history performance.
19.3 Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected
by the City for any one or more of the following reasons:
a. Reason to believe that collusion exists among the Bidders.
b. The Bidder is or has been involved directly or indirectly in litigation or arbitration
against the Owner within the past ten (10) years.
c. The Bidder has defaulted on any previous contract with the Owner within the past ten
(10) years or is in arrears on an existing contract.
d. The submittal of more than one Bid from an individual, firm, partnership, corporation
or association under the same or different names. All such parties shall be
disqualified.
e. Untimely bids shall be automatically and absolutely disqualified and returned
unopened. Excuses for the untimely submittal shall not be accepted. The time of bid
receipt documented by the City Clerk’s office shall determine the timeliness of the
Bid.
19.4 Non-responsible Bidder: A Bidder may be determined by the Owner to be “non-
responsible” once Bids are opened, and a Bid may be rejected for any one or more of (but not
limited to) the following reasons:
a. Determination of a lack of competency as may be revealed by qualification
statements, financial statements, experience records or other information disclosed to
Owner by other sources.
b. The Bidder's uncompleted or pending workload on other projects, which in the
judgment of the Owner may cause detrimental impact on timely completion of the
Work.
c. The appearance of an unbalanced Bid, as determined by the Owner.
d. If the Bidder makes one or more false statements or provides false information in
connection with any portion of the bidding documents.
e. If the Bidder fails to demonstrate successful performance and completion of projects
of a similar magnitude, scope or value as this project.
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19.5 Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may
be rejected for any of, but not limited to, the following reasons:
a. If the Bidder fails to submit a complete Bid, including but not limited to, submitting
evidence of all insurance coverages required by the Bid and the Contract Documents.
b. If the Bidder fails in any way to abide by any of the provisions of the Contract
Documents.
SECTION 20 - CONTRACTOR'S RELATION TO THE CITY
It is expressly agreed upon and understood that the Contractor will be in all respects an
independent contractor as to the Project Work, and that the Contractor is in no respect an agent
or employee of the City. The agreement will specify the Project Work to be done by the
Contractor, but the method to be employed to accomplish the work shall be the responsibility of
the Contractor, unless otherwise provided in writing in the agreement. Contractor and its
employees are not entitled to any of the benefits that the City provides for City employees.
SECTION 21 - EMPLOYEES OF THE CONTRACTOR
21.1 Contractors shall only designate employees who are sufficiently skilled to provide the
required services specified in the ITB. Any person employed to provide the services who fails,
refuses or neglects to obey the instructions of the City's representative in anything relating to
these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the
order of City's representative, be immediately relieved by the Contractor from the Project Work.
Any interference with, or any abusive or threatening conduct toward any City representative, its
assistants or inspectors by the Contractor, its employees or agents, or any member of the public
shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall
furnish all labor, materials, supplies and equipment necessary to properly maintain all Project
Work areas in an acceptable and safe condition.
21.2 Contractor agrees that it and its officers shall be held fully responsible, except as
otherwise prohibited by law, for all acts of their employees while in their employ.
SECTION 22 - AVAILABILITY OF FUNDS
The obligations of the City under the awarded agreement will be subject to the availability of
funds.
SECTION 23 - LICENSES, PERMITS, AND FEES
In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license,
permit, or fee a Contractor will have to pay the City before or during the work, items or services
to be provided or the percentage method or unit method of all licenses, permits, and fees required
by the City and payable to the City by virtue of the work, items, or services as part of the
agreement are as follows:
a. Contractor shall have and maintain during the term of the agreement any and all
appropriate City licenses, fees (and business tax receipts, if applicable), which shall
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be paid in full in accordance with the City's fee structure for such items. THERE
WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY
LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE).
b. During the performance of the agreement, there may be times when the Contractor
will be required to obtain a permit for such work, or in connection with the items or
services. It is the responsibility of the Contractor to ensure that it has the appropriate
permits as may become necessary during the performance of the work. Any fees
related to the required permits in connection with the agreement will be the sole
responsibility of the Contractor.
c. Licenses, permits, and fees may be required by Broward County, the state of Florida
or the federal government.
d. City will reimburse permit fee costs related to dewatering and National Pollutant
Discharge Elimination System (NPDES).
SECTION 24 - TERMINATION OF AGREEMENT
If the successful Bidder who or which is awarded the contract fails to provide the services, or
shall in any other manner commit a breach of the agreement and fails to remedy the same within
five (5) calendar days after receipt of written notice from the City, the City may terminate the
agreement resulting from the ITB without any further notice to the Contractor. City
representatives will review the construction services periodically to assure that the requirements
of the agreement are being met. If any work is unsatisfactory, the Contractor shall be contacted,
and the discrepancies corrected at no additional cost to the City. If deficiencies are not corrected
within five (5) working days, the City may, at its option, perform the required services or
contract to have them performed and deduct the cost of those services from the agreement cost.
SECTION 25 - TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under the agreement, or if the Contractor shall violate any of the provisions of the
agreement, the City may upon written notice to the Contractor, terminate the right of the
Contractor to proceed under the agreement, or as to such part or parts of the agreement for which
there has been a default, and may hold the Contractor liable for any damages caused to the City
by reason of such default and termination. In the event of such default and termination, any
completed services performed by the Contractor under the agreement shall, at the option of the
City become the City's property and the Contractor shall be entitled to receive equitable
compensation for any work completed to the satisfaction of the City. The Contractor, however,
shall not be relieved of liability to the City for damages sustained by the City by reason of any
breach of the agreement by the Contractor, and the City may withhold any payments to the
Contractor for the purpose of set-off until such time as the amount of damages due to the City
from the Contractor can be determined. The City reserves the right to terminate the agreement
upon thirty (30) calendar days’ written notice, without cause.
SECTION 26 - INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
26.1 The selected Contractor shall, in addition to any other obligation to indemnify the City and
to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City,
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including its agents, elected officials and employees from and against all claims, actions,
liabilities, losses (including economic losses), or costs arising out of any actual or alleged:
a. bodily injury, sickness, disease or death, or injury to or destruction of tangible
property, including the loss of use resulting therefrom, or any other damage or loss
arising out of or resulting or claimed to have resulted in whole or in part from any
actual or alleged act or omission of the Contractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable in the
performance of the work;
b. any violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent rights by Contractor in the performance of the
work;
c. liens, claims, actions made by the Contractor or other party performing the work; and
d. claims of whatsoever nature related to collection practices or any actions of a
contradictory nature pursuant to the Agreement or in an attempt to collect monies due
or claimed to be due to the City.
26.2 Indemnification for Construction Contracts. In the event that the performance of services
under the Contract is deemed to be a “construction contract” pursuant to §725.06, Florida
Statutes, as it may be amended from time to time, the following indemnification shall apply:
To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be
amended, the Contractor agrees to indemnify and hold harmless the Owner, its
officers, employees, and assigns from liabilities, damages, losses, and costs
including, but not limited to reasonable attorney fees, to the extent caused by
the negligence, recklessness, or intentionally wrongful misconduct of the
Contractor and persons employed or utilized by the Contractor in the
performance of the provisions in the Contract Documents.
SECTION 27 - INSURANCE REQUIREMENTS
27.1 Insurance Required Before Commencement of Work: The Contractor shall not
commence Work under the Agreement until Contractor has obtained all insurance required under
this Section, and not until such time that the coverages are approved by the Risk Manager of the
City. The Contractor shall not allow any employee of Contractor or any Subcontractor to
commence Work on any subcontract until the Subcontractor and all Coverages required of any
Subcontractor have been obtained and approved by the Risk Manager of the City. In addition,
Contractor shall be responsible for any and all policy deductibles and self-insured retentions.
27.2 Insurance Requirements: Coverages shall be in force until all Work required to be
performed under the terms of the Agreement, including any applicable warranty period, is
satisfactorily completed as evidenced by the formal written acceptance by the City. In the event
insurance certificates provided to City indicate that the insurance shall terminate and lapse
during the period of the Agreement, including any applicable warranty period, then in that event,
the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such
insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the
balance of the period of the Agreement, including any extension of it, and including any
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applicable warranty period, is in effect. THE CONTRACTOR AND ANY
SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO
THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND
EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE
SHALL BE NON-EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME
EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE
PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE BID
DOCUMENTS CONCERNING CONTRACTOR DELAY.
27.3 Required Minimum Coverages: The below coverages are minimum limit
requirements. Umbrella or Excess Liability policies are acceptable to provide the total required
liability limits, as long as the Risk Manager of the City reviews and approves in writing the
insurance limits on each of the policies. The City must approve any changes to these
specifications and has the right to review and amend coverage requirements. The
CONTRACTOR shall be held responsible for any modifications, deviations, or omissions in
these insurance requirements. CONTRACTOR shall be responsible for any deductible amounts.
27.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property
damage, products/completed operations, blanket contractual liability, and personal/advertising
injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two
Million Dollars ($2,000,000.00) annual aggregate.
27.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
27.6 WORKERS’ COMPENSATION INSURANCE shall be maintained by Contractor and
any subcontractors during the life of the Agreement, including any applicable warranty period(s),
and it is to apply to all “statutory employees” of Contractor (as that phrase is defined by Chapter
440, Florida Statutes), in compliance with the “Workers’ Compensation Law" of the State of
Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and
Subcontractors.
27.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents,
the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation
Insurance for all of the latter’s employees, in addition to any coverage afforded by the
Contractor, by furnishing Statutory Limits Part A, and no less than One Million Dollars
($1,000,000.00) Employers’ Liability Limits Part B.
27.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN
THE PROSECUTION OF THE WORK, THE FOLLOWING:
A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE
EXEMPT FROM WORKERS’ COMPENSATION INSURANCE
COVERAGE; OR
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B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE
LEASING ARRANGEMENT.
27.9 SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to
be confirmed on or attached to the Official Certificate of Insurance):
A) 30 Days’ Notice of Cancellation or Modification to City (if not available on
the insurance policies, then Contractor has responsibility for notification); and
B) Waiver of Subrogation.
27.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single
limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired,
and non-owned vehicles.
27.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
A) “The City of Dania Beach” is added as a named “Additional Insured”;
B) 30 Days’ Notice of Cancellation or modification to City (if not available on
the insurance policies, then Contractor has responsibility for notification); and
C) Waiver of Subrogation.
27.12 Proof of Insurance: The following are requirements that must be met regarding the
Bidder’s delivery of Certificates of Insurance for all coverages required in the Agreement and
Bid Documents:
27.12.1 “Preliminary” certificate means that certificates of insurance verifying all general
insurance requirements (as noted below) must be included with Bid submittal on the date and
time of the Bid opening. If the “preliminary” certificates are not included with a Bid submittal,
then the City has the right to consider the submitted Bid as non-responsive on the date and time
of the Bid opening. “Preliminary” Certificates may be issued without documentation of all
“Special Provisions”. However, Contractor does understand that all provisions, including
“Special Provisions” noted below are expected to be fully documented on or attached to the
“Official” Certificates of Insurance as described below.
27.12.2 “Official” Certificates of Insurance must be delivered to the City Clerk’s office
and Risk Manager of the City. If the “Official” certificates are not delivered before or on the
fourteenth (14th) Business Day after the issuance by the City of the “Notice of Apparent Low
Bidder”, then the City has the right to consider the awarded Agreement to the successful Bidder
as void and to negotiate a contract with the next lowest responsive and responsible Bidder.
“Special Provisions”, as referenced below under each type of insurance requirement shall be
fully confirmed on or attached to the “Official” certificates.
27.12.3 All Certificates of Insurance must clearly identify the contract to which they
pertain, including a brief description of the subject matter of the contract. The certificates shall
contain a provision that coverage afforded under the policies will not be canceled until at least
thirty (30) days’ prior written notice has been given to City. If this coverage is not provided,
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then Contractor is responsible for such notice to City. Insurance policies for required coverages
shall be issued by companies authorized to do business under the laws of the State of Florida and
any such companies’ financial ratings must be no less than A-VII in the latest edition of the
“BEST’S KEY RATING GUIDE”, published by A.M. Best Guide. In the event that the
insurance carrier’s rating shall drop, the insurance carrier shall immediately notify the City in
writing.
SECTION 28 – SAFETY
28.1 The successful Bidder shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project Work. The successful Bidder
shall comply with the rules and regulations of the Florida Department of Commerce regarding
industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal
Occupational Safety and Health Act of 1970 (OSHA), and its amendments.
28.2 Bidder, by submitting a bid, certifies that all materials and equipment to be supplied for
the Project will meet all federal and state requirements, including but not limited to, the
Occupational Safety and Health Act (OSHA).
SECTION 29 - WARRANTY
The Contractor shall warrant to the City that materials and equipment furnished under the
agreement will be of good quality and new unless otherwise required or permitted by the
Contract Documents; that the Work will be free from defects, and that the Work will conform to
the terms and conditions of the agreement. Work not conforming to those terms and conditions,
including substitutions not properly approved and authorized may be considered defective. The
Contractor's warranty may exclude damage or defect caused by abuse, modifications not
executed by the Contractor, improper or insufficient City maintenance, improper operation, or
normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as
to the kind and quality of materials and equipment. All manufacturers’ product warranties shall
be registered in the City’s name and for its sole benefit.
SECTION 30 - RESPONSIBLE BIDDER
No bid will be accepted from, nor will any agreement be awarded to, any person or entity
who or which is in arrears to the City of Dania Beach upon any debt or agreement, who or which
is in default as surety or otherwise upon any obligation to the City, who is deemed irresponsible
or unreliable by the City, or who or which has been found guilty or convicted of a Public Entity
crime in any federal or state trial court of record.
SECTION 31 - CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
The City shall have the right to investigate the financial condition and experience record of the
Bidder and determine to its satisfaction the competency of the Bidder to undertake the requested
services in the ITB.
SECTION 32- PROGRESS PAYMENTS
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The Contractor may requisition payments for work completed during the project at intervals of
not more than once a month. The Contractor's requisition shall show a complete breakdown of
the project components, the quantities completed and the amount due, together with properly
executed Releases of Liens by all subcontractors, suppliers and materialmen who were included
in the Contractor's current and previous applications for payment and any other supporting
documentation as may be required by the City or Contract Documents. The City shall make
payment to the Contractor within thirty (30) calendar days after approval of the Contractor's
requisition for payment.
Five percent (5%) of all monies earned by the Contractor shall be retained by the City until the
work is totally completed as specified and accepted by the City.
The City may withhold in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
1. Defective work not remedied.
2. Claims filed or reasonable evidence indicating the probable filing of claims by other
parties against the Contractor.
3. Failure of the Contractor to make payment to subcontractors or suppliers for materials or
labor.
4. Damage to another Contractor not remedied.
5. Liability for liquidated damages that has been incurred by the Contractor.
6. Reasonable evidence that the work cannot be completed for the unpaid balance of the
Contract Sum.
7. Reasonable evidence that the work will not be completed within the Contract Time.
8. Persistent failure to carry out the work in accordance with the Contract Documents.
When the above grounds are removed or resolved or the Contractor provides a surety bond or
consent of surety satisfactory to the City, which will protect the City in the amount withheld,
payment may be made in whole or in part.
SECTION 33 - BILLING PROCEDURE
The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also
be mailed to City Hall.
City of Dania Beach Finance Department
Attn: Accounts Payable
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
with a copy to:
City of Dania Beach Public Services Department
Attn: Fernando Rodriguez
1201 Stirling Road
Dania Beach, Florida 33004
The City will pay to the Contractor for the faithful performance of the Contract, in lawful
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money of the United States, and subject to adjustments as provided in the Contract
Documents, the amounts equal to the sum of the unit, lump sum price or both established for
each separately identified work item, times the estimated quantity of that item, as indicated in
the Schedule of Prices.
As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work
is an estimate only and the final Contract amount and the total payment made to the Contractor
will be based on the actual number of units of each work item incorporated in the Work of the
Contract. It is understood that the unit prices quoted or established for work items will be used
for computing the amount to be paid to the Contractor, based on the quantities actually
constructed as determined by the applicable measurement and payment portion of the
Specifications.
SECTION 34 - BID PROTEST PROCEDURE
34.1 After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder
claiming to be aggrieved in connection with the pending award of the Contract or any element of
the process leading to the award of the Contract may protest to the City Manager. A protest must
be filed by 5:00 PM on the third (3rd) Business Day after posting at City Hall of the Notice of
Award (excluding the day that the Notice is posted) or any right to protest is waived. The protest
must be in writing, must identify the name and address of the protester, and must include a
factual summary of, and the basis for, the protest. Filing shall be considered complete when the
protest and a Bid Protest Bond are timely received by the City Manager’s Office.
34.2 A Bid Protest Bond shall accompany the written protest, to compensate City for the
expenses of administering the protest. If the protest is decided in the protester's favor, the entire
deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the
deposit shall be retained by the City. The deposit shall be in the form of a cashier's check and
shall be the one percent (1%) of the amount of the pending award to the initial successful Bidder
or five thousand ($5,000.00) dollars, whichever is less.
34.3 The Protest Committee shall have the authority to review, settle, and resolve all protests.
Members of the Protest Committee will be appointed by the City Manager. If the Protest
Committee determines that the pending award of a contract or any element of the process leading
to the award involved a significant violation of law, applicable rule or regulation, all steps
necessary and proper to correct the violation shall be taken. If the Protest Committee determines
that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken
to remedy it.
33.4 In the event of a timely protest, the City Manager shall stay the award of the Contract
unless, after consulting with the City Attorney and a representative from the City’s Department
for which the services are being obtained, the City Manager determines that the award of the
Contract without delay is necessary to protect the substantial interests of the City. The
continuation of the bid award process under these circumstances shall not preempt or otherwise
affect the protest.
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SECTION 35 - LITIGATION
35.1 In addition to any other provision of this ITB, the City may, in its absolute discretion,
reject a Bid if the Bidder, or any officer or director of the Bidder submitting the Bid, is or has
been engaged directly or indirectly in legal action against the City, its elected or appointed
officers, representatives or employees in relation to any matter.
35.2 In determining whether or not to reject a Bid under this section, the City will consider
whether the litigation is likely to affect the Bidder’s ability to work with the City, its
Contractors and representatives and whether the City’s experience with the Bidder indicates that
there is a risk that the City will incur increased staff and legal costs in the administration of the
contract if it is awarded to the Bidder.
35.3 A contract with the successful Bidder will include the following:
GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of Florida
shall govern the contract. The contract is not subject to arbitration. THE PARTIES
EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY
DISPUTES ARISING FROM, OR IN ANY WAY CONNECTED WITH THIS
AGREEMENT. THE PARTIES UNDERSTAND AND AGREE THAT THIS
WAIVER IS A MATERIAL CONTRACT TERM.
35.4 All claims, counterclaims, disputes and other matters in question between City and the
Contractor arising out of, relating to or pertaining to the Contract, the breach of it, the services
of it, or the standard of performance required in it, are to be addressed by resort to non-binding
mediation as authorized under the laws and rules of Florida; provided, however, that in the
event of any dispute between the parties, the parties agree to first negotiate with each other for a
resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve
the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter
may be determined by litigation in a court of competent jurisdiction in Broward County,
Florida, or the Federal District Court of the Southern District of Florida and appropriate
appellate courts for such venue and jurisdiction. If City or Contractor incurs any expense in
enforcing the terms of the Contractor, whether suit is brought or not, each party shall bear its
own costs and expenses including, but not limited to, court costs and reasonable attorney fees.
SECTION 36- VERIFICATION OF EMPLOYMENT ELLIGIBILTY
Contractor represents that Contractor and each SubContractor has registered with and
uses the E-Verify system maintained by the United States Department of Homeland Security to
verify the work authorization status of all newly hired employees in compliance with the
requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not
violate that statute. If Contractor violates this section, Municipality may immediately terminate
this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality
due to the termination.
SECTION 37 - CONTRACT AWARD AND EXECUTION
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37.1 Bid Opening and Evaluation: The City will publicly open and announce all bids it
receives by total amount in accordance with the terms of the advertisement. The City will verify
all bidders have properly submitted and executed all required bid documents and forms; review
all bids for accuracy; prepare a tabulation of the bids showing the item details and total bid for all
responsible bids; check for conformance of all bids to the engineer's estimate; evaluate
unbalanced bid items; confirm the bid tabulations; and provide a recommendation for award of
bid or recommendation for re-advertisement, if appropriate, to the City Commission.
37.2 Rejection of Bids: The City may reject bids in the following circumstances:
(a) where the low bid differs from the engineer's estimate by an unreasonable amount
(reasonable conformance pursuant to 23 CFR 635.114(c))
(b) where obvious unbalancing of unit prices has occurred, or
(c) where competition is considered to be inadequate relative to the size, type, and location
of the project.
37.3 Prohibition of Negotiations with Contractors or Bidders: Negotiations with contractors
are not permitted during the advertisement, award, or execution period of the contracting
process.
37.4 Contract Award and Execution: The City will enter into a contract with the lowest priced
and the most responsive and responsible bidder. If the City is unable to come to terms with the
lowest priced and the most responsive and responsible bidder, the City shall initiate the award
process with the next lower priced most responsive and responsible bidder, and so on, until a
contract is executed.
The City is under no obligation to accept any Bid submitted. The City reserves the right in its
sole discretion to waive informalities in, or, at any time in the process and to reject any or all
Bids at any time.
All costs incurred in the preparation and presentation of any Bid shall be wholly absorbed by
the Bidder. All supporting documentation and manuals submitted with any Bid will become the
property of the City of Dania Beach unless otherwise requested by the Bidder at the time of
submission.
SECTION 38 – CONE OF SILENCE
38.1 Cone of Silence: Definitions: “Cone of Silence,” as used in this ITB, means a
prohibition on any communication regarding a particular Request for Proposal (“RFP”),
Request for Qualification (“RFQ”) or Invitation to Bid (“ITB”), between:
a potential vendor, service provider, Bidder, bidder, lobbyist, or Contractor, and:
a City Commission member, City’s professional staff including, but not limited
to, the City Manager and her staff, or any member of the City’s Selection
Committee.
Restriction; Notice: A Cone of Silence shall be imposed upon this ITB upon the advertisement
of the ITB. At the time of imposition of the Cone of Silence, the City Manager or designee shall
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provide for public notice of the Cone of Silence by posting a notice at City Hall. The City
Manager shall issue a written notice as to the Cone of Silence to the affected departments, file a
copy of such notice with the City Clerk, with a copy to each City Commissioner, and shall
include in any public solicitation for goods or services a statement disclosing the requirements
of this section.
Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the
City Commission meeting (whether a regular or special meeting) at which the City Manager
makes a written recommendation of award to the City Commission. However, if the City
Commission refers the City Manager’s recommendation back to the City Manager or staff for
further review, the Cone of Silence shall be re-imposed until such time as the City Manager
makes a subsequent written recommendation.
Exceptions to Applicability: The provisions of this section shall not apply to:
a. Oral communications at pre-bid conferences;
b. Oral presentations before the Selection Committee;
c. Public presentations made to the City Commission members during any
duly noticed public meeting;
d. Communications in writing at any time with any City employee, unless
specifically prohibited by the ITB. The Bidder shall file a copy of any
written communication with the City Clerk. The City Clerk shall make
copies available to any person upon request;
e. Communications regarding the ITB between a potential vendor, service
provider, Bidder, lobbyist or Contractor and the City’s Procurement and
Contract Services Agent or City employee designated as responsible for
administering the procurement process for the ITB, provided the
communication is limited strictly to matters of process or procedure
already contained in the corresponding solicitation document;
f. Communications with the City Attorney and his staff;
g. Duly noticed site visits to determine the competency of a Bidder
regarding the ITB during the time period between the opening of Bids and
the time the City Manager makes a written recommendation;
h. Any emergency procurement of goods or services pursuant to City Code;
i. Responses to the City’s request for clarification or additional information;
j. Contract negotiations during any duly noticed public meeting;
k. Communications to enable City staff to seek and obtain industry comment
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or perform market research, provided all related communications between
a potential vendor, service provider, Bidder, lobbyist, or Contractor and
any member of the City’s professional staff including, but not limited to,
the City Manager and his staff are in writing or are made at a duly noticed
public meeting.
Penalties: Violation of this section by a particular Bidder shall render any ITB award or
contract to the Bidder voidable by the City Commission or City Manager. Any person who
violates a provision of this section may be prohibited from serving on a City selection or
evaluation committee. In addition to any other penalty provided in this ITB, violation of any
provision of this section by a City employee may subject the employee to disciplinary action.
Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
SECTION 39 - ADDITIONAL GENERAL CONDITIONS
39.1 Liquidated Damages:
Liquidated Damages will be assessed as stated in the contract for each non- compliant day
that any requirements listed in this section are not met.
39.1.1 Staging of Material in Right-Of- Way:
Contractor shall provide for all additional lands and access thereto that may be required
for temporary construction facilities or storage of materials and equipment. Staging area
shall be fenced and screened from public sight. Contractor shall not store material such
as pipes, drainage structures and equipment within a right of way without prior approval
by the City. Material shall be properly secured and screened neatly and will not remain
on right of way for more than a week. All pipes, structures and equipment must be
stored in a designated staging area.
39.1.2 Site Restoration:
39.1.2.1 Contractor shall remove all excess material and shall clean up and
restore the site to its original condition or better. All damage, as a result of work under
this Contract, done to existing structures, pavement, driveways, paved areas, curbs and
gutters, sidewalks, shrubbery, grass, trees, fences, walls, utility poles, utility pipe lines,
conduits, drains, catch basins, flagstones, rocked graveled or stabilized areas or
driveways, and including all obstructions not specifically named in this provision, shall
be repaired, or replaced, as determined by the Engineer. Site restoration shall be done in a
timely manner as the work progresses. Site restoration work shall be completed on
private property within 30 days after being disturbed.
39.1.2.2 Contractor shall restore all trenches with a temporary asphalt patch
(minimum 1” thick) on all trenches within one (1) week after pipe installation. In no
case shall there be more than one thousand (1,000’) feet of trench unpaved.
Contractor will be responsible for any re-excavation and surface restoration due to
failed tests, pressure, density, etc.
37.1.2.3 First lift of asphalt shall be installed within thirty (30) days in all areas that
the infrastructure improvements have been cleared by Permitting Agencies.
39.1.3 Access:
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Contractor shall provide one lane open to through-traffic for each section of construction
in each direction at all times unless a complete road closure is required. The Contractor
shall make every effort to provide access to driveways at the end of the working day. If a
driveway is not accessible, homeowners should have access to a neighboring swale area
for temporary parking. When vehicular access to homes is not possible for parking of
vehicles, an area for parking shall be provided within one block of the furthest home
affected. This condition is to be avoided whenever possible and not last more than three
(3) days. Vehicular access must be provided by the end of each business working day.
The parking area location shall be coordinated by the Contractor, with the City's
approval.” In the event that this option is approved by the City, the Contractor shall
notify affected residents at least 48 hours in advance.
39.2 Date of Commencement and Substantial Completion: The Date of Commencement is
the date from which the Contract Time is measured, and shall be the date set forth in the
NOTICE TO PROCEED as issued by the City. Should the Contractor incur costs prior to the
issuance of the NOTICE TO PROCEED, any such costs shall be incurred at the Contractor’s
risk, and the City shall not reimburse the Contractor for any such costs under any circumstances.
Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating
to performance and payment bonds and insurance, with submittal of invoices, in the event that
City terminates this Contract for convenience, as provided in the General Conditions. If
Contractor fails to commence the Work within one (1) week of the date set forth in the NOTICE
TO PROCEED, City may terminate the Contract immediately, without providing an opportunity
to cure.
The Contractor shall achieve Substantial Completion not later than one hundred eighty
(180) calendar days and Final Completion of the entire Work not later than two hundred ten
(210) calendar days, each commencing with the date set forth in the NOTICE TO PROCEED as
issued by the City, subject to adjustments of this Contract Time as provided in the Contract
Documents.
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33
EXHIBIT “A”
BIDDER QUALIFICATIONS
ITB NO. 24-009
The Bidder, as a result of this Bid, MUST hold a county or municipal business tax receipt in its
area of its fixed business location. The following information MUST be completed and submitted with
the Bid to be considered:
1. Legal Name and Address:
Name: _
Address: _ _
City, State, Zip: _ Telephone/Fax:
2. Specify type of entity Check One: Corporation ( ) Partnership ( ) Individual ( )
Other ( )_________________________________________________SPECIFY
3. If Corporation, state:
Date of Incorporation: State in which Incorporated: _
4. If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by
the Office of the Florida Secretary of State:
5. Name and Title of Principal Officers Date Elected:
_
_
_
6. The length of time in business: years
7. The length of time (continuous) in business in Florida: ________________________years
8. Provide a list of at least five commercial or government references that the successful Bidder
has supplied service/commodities meeting the requirements of the City of Dania Beach
specifications, within the last five (5) years (see attached).
9. A copy of a county or municipal Business Tax Receipt.
10. SIMILAR PROJECTS WITHIN THE LAST FIVE (5) YEARS
Champs Pro Services
1315 N Federal Hwy
Hollywood Fl , 33020 954-399-8021
Florida
Emmanuel Adu-Sarhene
Christina Charles
7
7
01/02/21
10/16/2016
10/18/2020
Solar Champs LLC dba Champs Pro Services
34
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
______________________________________________________________________________
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
Coren Residence
245 Greymon Drive, West Palm Beach,FL,33405
8/1/2023
$32,000
100%8/1/2023
Bruce Coren Burke Energy Solutions
Key Largo Wastewater Treatment
$198,000
100 10/22/2022
103355 Overseas Hwy, Key Largo, FL 33037
954-440-9798
Larocco Residence
Peter Larocco
13370 Campanile Ct Venice, FL 34293
516-617-3075
100%100%
Gateway Plaza Generator
Turnkey Solution
954-600-3129
$230,805
05/19/2023
$14,337.19
2053 US Highway 1, Fort Pierce, FL 34950
35
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
______________________________________________________________________________
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
______________________________________________________________________________
100%75%
100%100%
$22,503$238,000
954-287-4650
Megacenter Self Storage
Megacenter Self Storage
1000 W Pembroke Rd, Hallandale Beach, FL 33009
01/15/2022 03/05/2021
954-440-9798
Uzan Residence
170 NW 105th St, Miamia Shores, FL 33150
Hai-Serge Uzan
$19,880
Hunsberger Residence
13435 SW 73rd Terrace Miami, FL 33183
Mark Hunsberger
305-775-1580
United Innovators
917-832-3948
Grooves Project
Multiple Locations
$375,000
10/30/2024
36
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
11. Have you ever failed to complete any work awarded to you?
Yes No If yes, attach a separate sheet of explanation.
12. Within the last five years, has any officer or partner of your organization ever been an
officer or partner of another organization that failed to complete an Agreement?
Yes No If yes, attach a separate sheet of explanation.
13. Within the last five years, have you ever had a performance, payment or bid bond called?
Yes No If yes, attach a separate sheet of explanation.
14. Have you, any officer or partner of your organization, or the organization been involved
in any litigation or arbitration against the City?
Yes No If yes, attach a separate sheet of explanation.
15. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any other Florida public entity?
Yes No If yes, attach a separate sheet of explanation.
16. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any private entity for an amount greater than $100,000?
Yes No If yes, attach a separate sheet of explanation.
17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries
or parent company been charged or indicted for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
100%5%
Margelu Residence
1260 Coral Lane, Hollywood, FL 33019
Lucius Margelu
954-588-0528
$16,488
5/24/202111/30/2025
Multiple Sites
$974,000
Coral Springs Improvement District
954-753-0380
Lift Station Generator
37
18. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries
or parent company been convicted or fined for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
19. Within the last five years, have you, any officer or partner of your organization, or the
organization been investigated by any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office?
Yes No If yes, attach a separate sheet of explanation.
20. Within the last five years, have you, any officer or partner of your organization, or the
organization communicated with any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office relating to goods or services provided or performed for
any governmental entity?
Yes No If yes, attach a separate sheet of explanation.
21. Within the last five years, have there been any reports or audits relating to you, any
officer or partner of your organization, or the organization issued by any local, state, or federal
law enforcement agency, criminal justice agency or inspector general office.
Yes No If yes, attach a separate sheet of explanation.
22. Within the last five years, have you, any officer or partner of your organization, or the
organization failed to disclose or made misrepresentations to any governmental entity regarding
conflicts of interest or potential or apparent conflicts of interest.
Yes No If yes, attach a separate sheet of explanation
Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania Beach and will be a
factor considered in awarding any resulting contract. The purpose is to insure that the successful Bidders in the sole opinion of
the City of Dania Beach can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as
will be required by the subject contract. If there are any terms or conditions that are in conflict, the most stringent requirement
shall apply.
END OF BIDDER QUALIFICATIONS
EXHIBIT “B”
BID FORM
“POLICE SUBSTATION GENERATOR” INVITATION
TO BID (“ITB”) No. 24-009.
Bid Form is posted on City Webpage and DemandStar
EXHIBIT “C”
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or any other party shall be considered
plural where applicable.
CONTRACTOR (name and address): SURETY (name and principal place of
business):
OWNER:
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CONSTRUCTION CONTRACT
Date:
Amount:
Date:
Amount:
Description
(name and location): This project consists of installing a diesel-electric standby
power system at the police substation
City Bid No. 24-009
Solar Champs LLC
dba Champs Pro Services
1315 N Federal Hwy Hollywood Fl 33020
FSB AGENCY, INC
7971 RIVIERA BLVD, #211
MIRAMAR, FLORIDA 33023
07/26/2024
$175,116
BOND
Date (not earlier than
Construction Contract
Date):
Amount:
Modifications to this Bond: None _______ See Page(s) _______
CONTRACTOR AS PRINCIPAL SURETY
(Corporate Seal) (Corporate Seal)
Signature Signature
Name Name
Title Title
(Any additional signatures please include at the end of page 5)
FLORIDA RESIDENT AGENT
Address
Telephone:
Facsimile:
Chrstina Charles
Vice-President
$175,116
10/1/2024
Gladys Keith
President
7971 RIVIERA BLVD, #211
MIRAMAR, FLORIDA 33023
954-589-1631
1. DEFINITIONS
(A) Balance of the Contract Price: The total amount payable by the Owner to the
Contractor under the Construction Contract after all proper adjustments have been
made including allowance to the Contractor of any amounts received or to be
received by the Owner in settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and proper payments made
to or on behalf of the Contractor under the Construction Contract.
(B) Construction Contract: The agreement between the Owner and the Contractor
identified on the signature page, including all Contract Documents and changes to
them.
(C) Contractor Default: Failure of the Contractor, which failure has neither been
remedied nor waived, to perform or otherwise to comply with the terms of the
Construction Contract.
(D) Owner Default: Failure of the Owner, which failure has neither been remedied
nor waived, to pay the Contractor as required by the Construction Contract or to
perform and complete or comply with the other terms of it.
2. The Contractor and the Surety, jointly and severally bind themselves, their heirs,
executors, administrators, successors and assigns to the Owner for the performance of the
Construction Contract, which is incorporated into this document by this reference.
3. If the Contractor performs the Construction Contract, the Surety and the Contractor shall
have no obligation under this Bond, except to participate in conferences.
4. If there is no Owner Default, the Surety's obligation under this Bond shall arise after:
(A) The Owner has notified the Contractor and the Surety at its address described in
paragraph ten (10) below that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a conference with the
Contractor and the Surety to be held not later than fifteen (15) calendar days after
receipt of such notice to discuss methods of performing the Construction
Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the Construction Contract, but such an
agreement shall not waive the Owner's right, if any, to subsequently declare a
Contractor Default; and
(B) The Owner has declared a Contractor Default and formally terminated the
Contractor's right to complete the Contract. Such Contractor Default shall not be
declared earlier than twenty (20) calendar days after the Contractor and the Surety
have received; and