HomeMy WebLinkAboutR-2025-072 Elevated Facility Services Award of ITB 25-010 Pier Elevator RepairRESOLUTION NO. 2025-072
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID
(“ITB”) NO. 25-010, ENTITLED “PIER ELEVATOR CAB SHELL
REPLACEMENT (RE-ISSUE)” TO ELEVATED FACILITY SERVICES, IN
AN AMOUNT NOT TO EXCEED FORTY-TWO THOUSAND SIX
HUNDRED DOLLARS ($42,600.00); PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the elevator servicing the Ocean Park pier and adjacent Quarterdeck
Restaurant has been inoperable for nearly one year due to age, wear and tear and issues with
water intrusion in the system’s lower section and mechanism; and
WHEREAS, the Public Services Department (PSD) encountered a number of
difficulties in its effort to address this situation, including problematic contractor cost
estimates/pricing and changes in key personnel for the specialized contractor the Department
was working with; and
WHEREAS, bids for repairs were sought and received in April 2025, with the below
pricing being received:
1. Elevated Facility Services $42,600.00
2. Mowery Elevator Company $48,800.00;and
WHEREAS, the Bid Committee’s assessment of the bid packages provided by the
respondents resulted in the selection of Elevated Facility Services as the lowest and most
qualified.
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
a contract with Elevated Facility Services for the replacement of the pier elevator cab shell in an
amount not to exceed Forty-Two Thousand Six Hundred Dollars ($42,600.00).
Section 3. That funding will be appropriated from the Pier Operations Repair and
Maintenance Services Grounds account 415-72-15-572-46-50 in the amount not to exceed
Forty-Two Thousand Six Hundred Dollars ($42,600.00).
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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are repealed to the extent of such conflict.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 all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on May 13, 2025.
Motion by Vice Mayor Salvino, 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 Oracle
Elevator Holdco Inc., d/b/a Elevated Facility Services (“Contractor”), with a mailing address of
8800 Grand Oak Circle, Suite 550, Tampa, Florida 33637.
WHEREAS, the elevator servicing the Ocean Park pier and adjacent Quarterdeck
Restaurant has been inoperable for nearly one year due to age, wear and tear and issues with water
intrusion in the system’s lower section and mechanism; and
WHEREAS, the Public Services Department (PSD) encountered a number of difficulties
in its effort to address this situation, including problematic contractor cost estimates/pricing and
changes in key personnel for the specialized contractor the Department was working with; and
WHEREAS, the Bid Committee’s assessment of the bid packages provided by the
respondents resulted in the selection of Elevated Facility Services as the lowest and most
qualified.
NOW, THEREFORE, for and in consideration of the mutual agreements and covenants
herein contained, the parties to this Agreement hereby agree, as follows:
1. The Contractor shall, in a good and first class, workman-like manner, at its own cost and
expense, furnish all labor, materials, tools, and equipment required to perform and
complete said work in strict accordance with this Agreement and the Agreement
Documents. The “Agreement Documents” means and includes the following
The term "Contract Documents" means and includes the following:
1. City Invitation to Bid (“ITB”) NO. 25-010
2. Bid Proposal
3. Insurance and Certificates of Insurance
4. Notice to Proceed
5. Invoice/Payment Affidavit
6. Insurance and Certificates of Insurance
3. The City has accepted CONTRACTOR’S BID and awards this Contract to said
Contractor, for the sum named in the Proposal, to-wit: FORTY-TWO THOUSAND SIX
HUNDRED DOLLARS ($42,600.00), which Bid Form is incorporated as Exhibit “A”
and made a part of this agreement, by this reference.
4. The Pier Elevator Cab Shell Replacement project is described in detail under Section 4 of
the Invitation to Bid No. 25-010, which bid is incorporated as Exhibit “B” and made a
part of this agreement and generally consists of the removal of the old elevator cab and its
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replacement with a new elevator cab at the Dania Beach Pier located at 300 North Beach
Road, Dania Beach, FL 33004. Contractor shall be responsible for the following:
(i) Safe removal of the current elevator cab.
(ii) Protection of existing elevator shaft and surrounding areas.
(iii) Installation of the cab within the existing shaft.
(iv) Proper alignment with the existing elevator system.
(v) Reconnection of necessary fixtures, including controls, lighting, and
safety features.
(vi) Installation must be in compliance with all applicable code requirements.
(vii) All related work necessary to restore the elevator system to proper
operation and necessary tests required by the State of Florida, Broward
County, the American Society of Mechanical Engineers (ASME) Safety
Code for Elevators, and any other authorities having jurisdiction over this
work.
5. Commencement of Work. The Contractor will commence the work required by the
Contract Documents within fifteen (15) days after the date of the Notice To Proceed and
will complete same within sixty (60) calendar days of the issuance of the Notice to
Proceed. In lieu of actual damages, the Contractor agrees to pay liquidated damages in
the amount of Five hundred fifty dollars ($500.00) per day if all work is not completed in
150 calendar days. Extensions of time may be granted if weather conditions prohibit
proper execution of the work. Any such extension must be granted in writing, signed by
both parties, and attached to this Agreement.
6. Subcontracts. It is expressly agreed to by the parties that the City shall approve in advance
in writing any Subcontractors and the fees to be paid them by Contractor, prior to any such
Subcontractor proceeding with any such work. Contractors shall only designate employees
who are sufficiently skilled to provide the required services specified in this Agreement.
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. It is expressly agreed
to by the parties that the City shall approve in advance in writing any subcontractors and
the fees to be paid them by Contractor, prior to any such subcontractor proceeding with
any such work.
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7. Contractor Personnel.
7.1 Personnel. Contractor shall ensure that all personnel are competent, careful, and
reliable. All personnel must have sufficient skill and experience to perform their
assigned task properly and satisfactorily and to operate any equipment involved and
shall make do and proper effort to execute the work in the manner prescribed in the
contract documents. When the City determines that any person is incompetent,
unfaithful, intemperate, disorderly, or insubordinate, such person shall be immediately
discharged from the Project/Service and shall not again be employed on the
Project/Service without the written consent of the City. Should the Contractor fail to
remove such person or persons, the City may withhold all payments which are or may
become due or may suspend the work with approval of the City until such orders are
complied with. No alcoholic beverages or drugs are permitted on any City properties.
Evidence of alcoholic beverages or drug use by an individual will result in immediate
termination from the job site.
7.2 Safety.
a) Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the work and for complying with all
requirements of the Occupational Safety and Health Administration (OSHA) and any
other industry, federal, state, or local government standards, including the National
Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection
Association (NFPA). Contractor shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to persons
or property. Contractor shall be aware that while working for the City, representatives
from agencies such as OSHA are invitees and need not have warrants or permission to
enter the work site. Any fines levied by the above-mentioned authorities for failure to
comply with these requirements shall be borne solely by Contractor.
b) Contractor certifies that all material, equipment, etc. to be used in an individual
Project/Service meets all Occupational Safety and Health Administration (OSHA)
requirements. Contractor further certifies that if any of the material, equipment, etc. is
found to be deficient in any OSHA requirement in effect on the date of delivery, all
costs necessary to bring the material, equipment, etc. into compliance with the
aforementioned requirements shall be borne by Contractor. All standard equipment,
work operations, safety equipment, and personal protective equipment required or
mandated by State, Federal, OSHA, or Americans with Disabilities Act (ADA)
regulations must be provided and used by Contractor and its employees.
c) Contractor shall be responsible for the removal of all debris. All costs associated with
clean-up and debris removal are included in the bid amount. If the Contractor fails to
clean up the work area to acceptable levels the CITY shall deduct the actual cost of the
debris removal from the Contractor’s final payment.
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8. Protection Of Property. The Contractor 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.
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.
9. Public Bid Disclosure Act. 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
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.
10. Warranties.
a) Contractor will provide the City with any express warranty provided by the
Equipment manufacturer and will work directly and solely with the manufacturer on
any issues related to the passed through Equipment warranty.
b) Contractor warrants the equipment installed under this contract against defects in
material and workmanship for a period one (1) year from the date each elevator is
completed and placed in operation. This warranty is in lieu of any other liability for
defects. This warranty is not intended to supplant normal maintenance service.
11. Termination.
This Agreement may be terminated by the City upon ten (10) calendar days advance written
notice to the other party; but if any work, service, or task hereunder is in progress but not
completed on the date of termination, then this Agreement may be extended upon written
approval of the City until said work, service or task is completed and accepted.
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a) Termination for Convenience: In the event this Agreement is terminated or
cancelled upon the request and for the convenience of the City with the required
ten (10) calendar day advance written notice, the City shall reimburse Contractor
for actual work satisfactorily completed.
b) Termination for Cause: Termination by the City for cause, default, or negligence
on the part of Contractor shall be excluded from the foregoing provision.
Termination costs, if any, shall not apply. The ten (10) calendar day advance notice
requirement is waived in the event of termination for cause.
12. Assignment. This Agreement shall not be assigned except with the written consent of the
City’s. No such consent shall be construed as making the City a party to the assignment or
subjecting the City to liability of any kind to any assignee. No assignment shall under any
circumstances relieve Contractor of liability and obligations under this Agreement and all
transactions with the City must be through Contractor. Additionally, unless otherwise
stipulated herein, Contractor shall notify and obtain prior written consent from the City
prior to being acquired or subject to a hostile takeover. Any acquisition or hostile takeover
without the prior consent of the City may result in termination of this Agreement for
default.
13. Insurance. Contractor shall purchase and maintain at all times during the term of this
Agreement, without cost or expense to the City, policies of insurance as indicated in
Exhibit “C” of this Agreement.
14. Indemnity. The Contractor shall indemnify and hold the City and its agents, officers,
commissioners, or employees harmless for any damages resulting from failure of
Contractor to take out and maintain the above insurance. Additionally, Contractor agrees
for good and valuable consideration in the amount of ten dollars ($10.00) to indemnify,
and hold the City Commission of Dania Beach, Florida, and its officers, councilpersons,
employees and agents free and harmless from and against any and all losses, penalties,
damages, settlements, costs, charges, professional fees or other expenses or liabilities
resulting from the negligent act, error or omission of Contractor, its agents, employees or
representative, in the performance of Contractor duties set forth in this Agreement.
15. Independent Contractor. Contractor, and all its employees, agree that they shall be acting
as an independent contractor and shall not be considered or deemed to be an agent,
employee, joint venturer, or partner of the City. Contractor shall have no authority to
contract for or bind the City in any manner and shall not represent itself as an agent of the
City or as otherwise authorized to act for or on behalf of the City. Additionally, Contractor
warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for Contractor to solicit or secure this Agreement and that it
has not paid or agreed to pay any person, company, corporation, individual, or firm other
than a bona fide employee working solely for Contractor any fee, commission, percentage,
gift, or other consideration contingent upon on resulting from the award or making of this
Agreement.
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Contractor warrants and represents that no elected official, officer, agent or employee of
the City has a financial interest, directly or indirectly, in this Agreement or the
compensation to be paid under it and, further, that no City employee who acts in the City
of Dania Beach as a “purchasing agent” as defined in Chapter 112, Florida Statutes, nor
any elected or appointed officer of the City of Dania Beach, nor any spouse or child of such
purchasing agent, employee or elected or appointed officer, is a partner, officer, director or
proprietor of the Contractor and, further, that no such City employee, purchasing agent,
City elected or appointed officer, or the spouse or child of any of them, alone or in
combination, has a material interest in the Contractor. Material interest means direct or
indirect ownership of more than five percent (5%) of the total assets or capital stock of the
Contractor.
16. Public Records Law. Contractor shall maintain books, records, documents and other
evidence directly pertinent to performance of work under this Agreement in accordance
with generally accepted accounting principles and practices. The Contractor shall also
maintain the financial information and data used by the Contractor in the preparation of
support of any claim for reimbursement for any out-of-pocket expense or cost. The City
shall have access to such books, records, documents and other evidence for inspection,
audit and copying during normal business hours. The Contractor will provide proper
facilities for such access and inspection. Audits conducted under this section shall observe
generally accepted auditing standards and established procedures and guidelines of the
City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have
application to records or documents pertaining to this Agreement and Contractor
acknowledges that such laws have possible application and agrees to comply with all such
laws.
Upon request from the City custodian of public records, Contractor 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. Retention Of Records And Right To Access.
17.1 The Contractor shall preserve and make available all financial records, supporting
documents, statistical records, and any other documents pertinent to the agreement for a period of
five (5) 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 five (5) years, the records shall be
retained by the City until resolution of audit findings.
The Contractor shall retain sufficient records demonstrating its compliance with the terms of the
award and this Agreement for a period of five (5) years from the date the audit report is issued,
and shall allow the Department of Environmental Protection, or its designee, Chief Financial
Officer, or Auditor General access to such records upon request. The Contractor shall ensure that
audit working papers are made available to the Department of Environmental Protection, or its
designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
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from the date the audit report is issued, unless extended in writing by the Department of
Environmental Protection.
17.2 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 this Agreement are
and shall remain the property of the City.
17.3 Upon completion of Work under this Agreement or in the event of termination by either
party, any and all public records relating to the Agreement in the possession of the Contractor shall
be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Contractor shall be delivered to the City in a format that
is compatible with the City’s information technology systems. Once the public records have been
delivered upon completion or termination of this Agreement, the Contractor shall destroy any and
all duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements.
17.4 Any compensation due to Contractor shall be withheld until all records are received as
provided in this Agreement.
17.5 Contractor’s failure or refusal to comply with the provisions of this section shall result in
the immediate termination of this Agreement by the City.
18. Section 119.0701(2)(a), Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: ELORA RIERA, MMC
CITY CLERK
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623
Email: eriera@daniabeachfl.gov
19. No Waiver. Failure of the City to insist upon strict performance of any provision or condition
of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition or right, but the same shall remain
in full force and effect.
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20. Declaration of Default. The failure of the Contractor a) to supply enough properly skilled
workers or materials, or b) its failure to make prompt payments to subcontractors, or for materials
or labor, or c) to obey laws, ordinances, rules, regulations or orders of public agencies having
jurisdiction, or d) to comply in any way with the Agreement Documents, shall be sufficient grounds
for the City to find the Contractor in material default, and that sufficient cause exists to terminate
the Agreement for cause, and to withhold payment or any part thereof until the cause or causes
giving rise to the default has/have been eliminated by the Contractor and approved by the City. If
a finding of default is made by the City, the Contractor and its Surety shall remain responsible for
performance of the requirements of the Agreement Documents unless and until the City terminates
the Agreement. Upon a finding of default, the City shall set a reasonable time, but in no event in
excess of seven (7) calendar days after written notice from City detailing the default, within which
the Contractor and its Surety shall eliminate the cause or causes of default. When the basis for
finding default no longer exists, the City shall notify the Contractor and its Surety, in writing, that
the default has been corrected, and that the Contractor is no longer in default. If the Contractor
fails to correct the default within the time allowed, the City, without further notice to Contractor
or its Surety, may immediately terminate the Agreement and the employment of the Contractor,
without otherwise waiving its rights against the Contractor or its Surety. To the extent that the time
limits herein conflict with those set forth in the Performance Bond, the time limits in this section
shall take precedence.
21. Force Majeure. Under any and all provisions of this Agreement, neither the City nor
Contractor, as the case may be, will be considered in breach of or in default of any of their
respective non-monetary and monetary obligations under the Agreement as a result of an
unavoidable delay due to strikes, lockouts, acts of God, inability to obtain labor or materials, riot,
war, hurricane, tornado, weather related events or conditions, pandemics, epidemics, shutdowns
due to government restrictions, utility company delays, or other similar causes beyond the
commercially reasonable control of a party (in each case, an event of “Force Majeure”). Upon the
occurrence of a Force Majeure, the applicable time-period will be extended for each day of the
period of the Force Majeure event.
22. Governing Law. This Agreement will be governed by the laws of the State of Florida. This
Agreement is subject to and must comply with the Charter and City Code of the City of Dania
Beach, as they exist on the date of execution of the Agreement. Any conflicts between this
Agreement and the Charter and City Code will be resolved in favor of the City’s Charter. Venue
for any disputes arising out of this Agreement and for any actions involving the enforcement or
interpretation of this Agreement will be in the State courts of the 17th Judicial Circuit of Broward
County, Florida.
23. Notices.
Except as provided above, whenever either party desires to give notice to the other, it must be
given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the
party for whom it is intended, at the place last specified and the place for giving of notice in
compliance with the provisions of this paragraph. For the present, the parties designate the
following as the respective persons and places for giving of notice:
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City: Ana M. Garcia, ICMA-CM, City Manager
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Eve A. Boutsis, City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Contractor: Oracle Elevator Holdco, Inc.
d/b/a Elevated Facility Services
8800 Grand Oak Circle, Suite 550
Tampa, Florida 33637
24. Headings. Headings in this document are for convenience of reference only and are not to
be considered in any interpretation of this Agreement.
25. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this
Agreement and each such exhibit is incorporated by this reference.
26. Severability. If any provision of this Agreement or the application of it to any person or
situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and
the application of such provisions to persons or situations other than those as to which it shall have
been held invalid or unenforceable, shall not be affected, shall continue in full force and effect,
and shall be enforced to the fullest extent permitted by law.
27. Sovereign Immunity. 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 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, Contractors, 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.
28. Completion of Work. On completion of the work, but prior to the acceptance thereof by the
City, it shall be the duty of the City’s Engineer, or other appropriate person, to determine that said
work has been completely and fully performed in accordance with said Contract Documents; and
upon making such determination, said official shall make his final certificate to the CITY. The
Contractor shall furnish proof that all claims and obligations incurred by him in connection with
the performance of said work have been fully paid and settled; said information shall be in the
form of an affidavit, thereupon, the final estimate (including retainages) will be approved and paid.
29. Section. Section headings are for convenience only and do not affect the interpretation of this
Agreement.
30. Counterparts. This Agreement may be signed in counterparts, each one of which is considered
an original, but all of which constitute one and the same instrument. This Agreement is effective
only after execution and delivery by the parties.
31. Entire Agreement. This Agreement (including the Exhibits) constitutes the sole agreement of
the parties with respect to its subject matter. It supersedes any prior written or oral agreements or
communications between the parties.
32.Amendments. No amendment to this Agreement is binding on either party unless in writing
and signed by both parties. The City is not obligated to spend any money or undertake any
obligation in connection with an amendment proposed by Contractor. If Contractor requests an
amendment to the Agreement or any other action by City, Contractor must reimburse City for all
third-party costs incurred by City (including but not limited to costs of third-party consultants and
attorneys). Before the City takes action regarding any request, Contractor must deposit with the
City the estimated amount of third-party costs, as reasonably determined by the City.
33. Holidays. The parties agree that whenever a notice or performance due under the
Agreement falls on a Saturday, Sunday or on a legal holiday recognized by the City, the notice or
performance will be postponed to the next following business day.
34. Survival. A 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.
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IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first written above.
ATTEST: CITY OF DANIA BEACH,
FLORIDA, a Florida municipal
corporation
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
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WITNESSES: CONTRACTOR:
Oracle Elevator Holdco, Inc. d/b/a
Elevated Facility Services, a Florida
coproration
Signature Signature
PRINT Name PRINT Name
Title
Signature
Dated: ___________________, 2025
PRINT Name
STATE OF FLORIDA)
COUNTY OF HILLSBOROUGH)
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on , 2025 by ,
as of Oracle Elevator Holdco Inc., d/b/a
Elevated Facility Services, 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 :
$46,200.00
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CITY OF DANIA BEACH, FLORIDA
Pier Elevator Cab Shell Replacement (Re-issue)
CITY INVITATION TO BID (“ITB”) NO. 25-010
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Friday, March 21, 2025
Pier Elevator Cab Shell Replacement (Re-issue)
Invitation To Bid (“ITB”) No. 25-010
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Table of Contents
1. NOTICE TO BIDDERS
2. GENERAL TERMS & CONDITIONS
3. SPECIAL CONDITIONS
4. SCOPE OF WORK
5. BID FORM
6. BIDDER SUBMISSIONS
Pier Elevator Cab Shell Replacement (Re-issue)
Invitation To Bid (“ITB”) No. 25-010
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1. NOTICE TO BIDDERS
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"Pier Elevator Cab Shell Replacement (Re-issue)"
25-010
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed
Bids for its “Pier Elevator Cab Shell Replacement (Re-issue), 25-010”.
Bids will be accepted on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl until Friday, April 11, 2025, at 10:00 am. Bids received
after this time will be rejected.
All submissions will remain confidential and exempt from public record disclosure requirements until the
response opening is conducted.
PROJECT DOCUMENTS
Documents may be obtained from
https://procurement.opengov.com/portal/daniabeachfl/projects/155090.
NON-MANDATORY PRE-BID CONFERENCE
A NON-MANDATORY Pre-bid conference will be held on Tuesday, April 1, 2025, at 10:00 am at Dania
Beach Pier, 300 North Beach Road, Dania Beach, FL 33004. All Bidders and interested persons are invited to
attend the meeting, which will outline the Project as described in the Bid, and provide an opportunity for
questions and answers for all interested persons. Any interpretations, clarifications or additional information not
disclosed in this Bid and determined to be necessary by the Owner in response to questions, will be issued by
means of addendum or addenda, which addendum or addenda will be posted to the Portal at
https://procurement.opengov.com/portal/daniabeachfl/projects/155090 for all interested persons who are
following the project. The Bidder will be notified of any addenda issued, if following the project, but it is
recommended they check the portal to see if there has been any addendum or addenda posted for this Bid. Only
questions answered and information supplied by means of such addendum or addenda will be considered as
binding. Oral interpretations, clarifications or other information will have no legal and binding effect.
BID DOCUMENTS
Bids must be submitted electronically on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl, the City’s designated electronic bidding system.
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All bid prices shall be guaranteed firm for a minimum of one hundred twenty (120) calendar 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.
All bidders are advised that the City has not authorized the use of the City seal or logo 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: Friday, March 21, 2025
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2. GENERAL TERMS & CONDITIONS
2.1 NO BIDS OR PROPOSALS
If a Bidder or Offeror does not intend to bid or submit a proposal, 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.
2.2 CAUSES FOR REJECTION OF A BID OR PROPOSAL
A. No bid or proposal 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 obligation to
investigate the correctness of any bid or proposal, and the Bidder or Offeror by signing the bid or
proposal shall be deemed to have verified that no errors appear in the bid or proposal as submitted. Any
alterations, erasures, interlineations or failures of a bid or proposal to contain all items called for in the
solicitation may result in rejection of the bid or proposal.
B. If any Bidder or Offeror violates any provision in the solicitation, such Bidder or Offeror may be
disqualified from performing the Project Work, or from furnishing the requested services for which the
bid or proposal was submitted, and the Bidder or Offeror may be further disqualified from bidding or
submitting proposals on any future bids or proposals for work, for goods, or for services for the City.
2.3 GENERAL CONDITIONS
A. Purpose: The purpose of the Invitation to Bid is to establish between the City and the Contractor an
agreement to perform the project work.
B. Documentation: Bidder shall submit in its bid the following:
1. 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;
2. A statement stating the number of years the Contractor has been a qualified provider of the requested
services; and
3. A complete Bidder’s Questionnaire; it is made a part of and is incorporated into the ITB by this
reference.
C. 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
consultants, relating to or arising from this ITB. The City and its representatives, agents, consultants 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.
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D. 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.
E. 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.
F. General Conditions: The agreement to be awarded will be subject to the provisions of the United States
Constitution, Florida laws, statutes and ordinances of the United States of America, the State of Florida,
Broward County and the City of Dania Beach.
2.4 SPECIAL CONDITIONS
A. Any and all Special Conditions contained in the solicitation 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.
B. The solicitation, Bidder Submissions, Specifications, Attachments, Addendum or Addenda, the legal
advertisement of the solicitation and any other pertinent documents form a part of the solicitation, and
ultimately, the agreement; all of the documents are made a part of and are incorporated into the
solicitation and the awarded agreement.
2.5 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 or proposal on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids or proposals on leases of real property to a public entity,
may not be awarded or perform work as a Contractor, supplier, subcontractor or consultant 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 or Offeror. A copy of the Sworn Statement on Public Entities Crimes can be
found in the attachments; a copy is made a part of and is incorporated into the solicitation by this reference.
2.6 PRICES, TERMS ARE TO BE FIRM
A. The Bidder or Offeror warrants by virtue of its Bid or proposal that the prices, terms and conditions
contained in the solicitation shall be firm for a period of no less than one hundred twenty (120) calendar
days from the date of the solicitation opening.
B. The bid or proposal 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
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all costs of packaging, transporting and delivery of any materials and equipment to the designated
location within the City, and the site cleanup.
C. 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.
2.7 PROTECTION OF PROPERTY
A. The successful Bidder or Offeror 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. The successful Bidder or Offeror shall ensure that the area
in which the sidewalks are being replaced that pedestrians, and the general public are not injured nor
have access to the area (safety screening) in which work is proceeding.
B. 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.
2.8 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.
2.9 INSTRUCTIONS TO BIDDERS
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 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.
2.10 RETENTION OF RECORDS AND RIGHT TO ACCESS
The successful Bidder or Offeror 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.
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2.11 NON-COLLUSION STATEMENT
By submitting a bid or proposal, the Bidder or Offeror affirms that the bid or proposal is without previous
understanding, agreement, or connection with any person, business, or corporation and that the bid or proposal
is in all respects fair, and made without collusion or fraud. The Non-Collusion Affidavit form must be executed
by the Bidder or Offeror; a copy of the form can be found in the Bidders Submissions; it is made a part of and is
incorporated into the solicitation by this reference.
2.12 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS
The technical specifications may include items that are considered minimum, mandatory, or required. If any
Bidder or Offeror is unable to provide these items, and feels that the technical specifications are overly
restrictive, the Bidder or Offeror 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 solicitation, for questions of a material
nature, at least ten (10) calendar days prior to the solicitation 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 or
Offeror.
2.13 PUBLIC RECORDS
A. Bid or Proposal Submissions Shall Become City Property: All submissions become the property of
the City and will not be returned to the Bidder or Offeror. The City will hold all submissions in
confidence unless otherwise required by law.
B. Contractor’s Obligations: Bidders or Offerors 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:
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.
2. Maintenance of Records: Bidder or Offeror agrees to keep and maintain public records in Bidder’s
or Offeror's possession or control in connection with Bidder’s or Offeror's performance under the
contract. Bidder or Offeror additionally agrees to comply specifically with the provisions of Section
119.0701, Florida Statutes. Bidder or Offeror 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.
3. Response to Public Records Requests: Upon request from the City custodian of public records,
Bidder or Offeror 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.
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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 or Offeror shall be
delivered by the Bidder or Offeror to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Bidder or Offeror 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 or Offeror 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 or Offeror shall be withheld until all
records are received as provided in this solicitation.
5. Failure to Comply: Bidder’s or Offeror's failure or refusal to comply with the provisions of this
section shall result in the immediate termination of the contract by the City.
C. Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes:
IF THE BIDDER OR OFFEROR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S OR OFFEROR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THE CONTRACT, THE BIDDER OR OFFEROR 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
2.14 SUCCESSORS AND ASSIGNS
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.
2.15 QUALIFICATION OF BIDDERS OR OFFERORS
A. Bidders’ or Offeror's Qualifications: The Bidder or Offeror shall complete the Questionnaire Section,
along with any other evidence of satisfactory experience and ability to perform the proposed Work. The
failure of Bidder or Offeror 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 or Offeror to be
non-responsible.
B. Certified Financial Statement: If requested by the Owner, the Bidder or Offeror 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.
C. Disqualification: A Bidder or Offeror shall be disqualified and its unopened Bid or Proposal shall be
rejected by the City for any one or more of the following reasons:
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1. Reason to believe that collusion exists among the Bidders or Offerors.
2. The Bidder or Offeror is or has been involved directly or indirectly in litigation or arbitration against
the Owner within the past ten (10) years.
3. The Bidder or Offeror has defaulted on any previous contract with the Owner within the past ten
(10) years or is in arrears on an existing contract.
4. The submittal of more than one Bid or Proposal from an individual, firm, partnership, corporation or
association under the same or different names. All such parties shall be disqualified.
5. Untimely bids or proposal shall be automatically and absolutely disqualified and returned unopened.
Excuses for the untimely submittal shall not be accepted. The time of bid or proposal receipt
documented by the City Clerk’s office shall determine the timeliness of the Bid or Proposal.
D. Non-responsible Bidder or Offeror : A Bidder or Offeror may be determined by the Owner to be
“non-responsible” once Bids or Proposals are opened, and a Bid or Proposal may be rejected for any one
or more of (but not limited to) the following reasons:
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.
The Bidder's or Offeror'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.
The appearance of an unbalanced Bid or Proposal, as determined by the Owner.
If the Bidder or Offeror makes one or more false statements or provides false information in connection
with any portion of the bidding documents.
If the Bidder or Offeror fails to demonstrate successful performance and completion of projects of a
similar magnitude, scope or value as this project.
E. Non-responsive Bidder or Offeror : A Bidder or Offeror may be deemed to be non-responsive and a
Bid or Proposal may be rejected for any of, but not limited to, the following reasons:
1. If the Bidder or Offeror fails to submit a complete Bid or Proposal, including but not limited to,
submitting evidence of all insurance coverages required by the Bid or Proposal and the Contract
Documents.
2. If the Bidder or Offeror fails in any way to abide by any of the provisions of the Contract
Documents.
2.16 CONTRACTOR'S RELATION TO THE CITY - INDEPENDENT CONTRACTOR
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.
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2.17 EMPLOYEES OF THE CONTRACTOR
A. Contractors shall only designate employees who are sufficiently skilled to provide the required services
specified in the solicitation. 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.
B. 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.
2.18 AVAILABILITY OF FUNDS
The obligations of the City under the awarded agreement will be subject to the availability of funds.
2.19 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 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).
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2.20 TERMINATION OF AGREEMENT
If the successful Bidder or Offeror 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 solicitation
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.
2.21 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.
2.22 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
A. 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, 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:
1. 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;
2. any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or
infringement of patent rights by Contractor in the performance of the work;
3. liens, claims, actions made by the Contractor or other party performing the work; and
4. 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.
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B. 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:
1. 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.
2.23 INSURANCE REQUIREMENTS
A. 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.
B. 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 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 SOLICITATION DOCUMENTS CONCERNING
CONTRACTOR DELAY.
C. 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
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omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible
amounts.
D. 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.
E. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be confirmed on or
attached to the Official Certificate of Insurance):
1. Annual Aggregate shall apply “Per Job”;
2. “The City of Dania Beach, Florida” is added as a named “Additional Insured”;
3. Additional Insured status is included for Products completed operations coverage for a period of no
less than five (5) years following the completion of the Work or Project;
4. Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form
CG 2037 (07 04);
5. Contractor’s insurance shall be primary and non-contributory;
6. Waiver of Subrogation in favor of the City;
7. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification); and
8. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate.
F. WORKERS’ COMPENSATION INSURANCE must be provided for all persons fulfilling this
agreement whether employed, contracted, temporary, or subcontracted for 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.
G. In the case any work is sublet as otherwise addressed in the Agreement or Solicitation 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.
H. IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE
PROSECUTION OF THE WORK, THE FOLLOWING:
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1. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS
EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS’ COMPENSATION
INSURANCE COVERAGE; OR
2. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO
WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT.
I. SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to be confirmed
on or attached to the Official Certificate of Insurance):
1. 30 Days’ Notice of Cancellation or Modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification); and
2. Waiver of Subrogation.
J. 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.
K. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on
or attached to the Official Certificate of Insurance):
1. “The City of Dania Beach” is added as a named “Additional Insured”;
2. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification); and
3. Waiver of Subrogation.
L. Proof of Insurance: The following are requirements that must be met regarding the Bidder’s or
Offeror's delivery of Certificates of Insurance for all coverages required in the Agreement and
Solicitation Documents:
1. “Preliminary” certificate means that certificates of insurance verifying all general insurance
requirements (as noted below) must be included with Bid or Proposal at submittal on the date and
time of the Bid or Proposal opening. If the “preliminary” certificates are not included with a Bid or
Proposal submittal, then the City has the right to consider the submitted Bid or Proposal as non-
responsive on the date and time of the Bid or Proposal 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.
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 Intent to Award”, then the City has the right to
consider the awarded Agreement to the successful Bidder or Offeror as void and to negotiate a
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contract with the next lowest responsive and responsible Bidder or Offeror. “Special Provisions”, as
referenced below under each type of insurance requirement shall be fully confirmed on or attached
to the “Official” certificates.
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, 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.
2.24 SAFETY
A. The successful Bidder or Offeror shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project Work. The successful Bidder or Offeror
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.
B. Bidder or Offeror, by submitting a bid or proposal, 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).
2.25 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.
2.26 RESPONSIBLE BIDDER OR OFFEROR
No bid or proposal 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.
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2.27 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL
INTERESTS IN GOVERNMENT CONTRACTING
Bidders or Offerors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended,
that the City will not request documentation of or consider a Bidder's or Offeror's social, political, or ideological
interests when determining if the Bidder or Offeror is a responsible Bidder or Offeror. Bidders or Offerors are
further notified that the City's governing body may not give preference to a Bidder or Offeror based on the
Bidder's or Offeror's social, political, or ideological interests.
2.28 CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
The City shall have the right to investigate the financial condition and experience record of the Bidder or
Offeror, and determine to its satisfaction the competency of the Bidder or Offeror to undertake the requested
services in the solicitation.
2.29 SOLICITATION PROTEST PROCEDURE
A. After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder or Offeror
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 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.
B. 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.
C. 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.
D. 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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2.30 LITIGATION
A. In addition to any other provision of this solicitation, the City may, in its absolute discretion, reject a Bid
or Proposal if the Bidder or Offeror, or any officer or director of the Bidder or Offeror submitting the
Bid or Proposal, 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.
B. In determining whether or not to reject a Bid or Proposal under this section, the City will consider
whether the litigation is likely to affect the Bidder’s or Offeror's ability to work with the City, its
consultants and representatives and whether the City’s experience with the Bidder or Offeror 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 or Offeror.
C. A contract with the successful Bidder or Offeror 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.
D. 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.
2.31 CONTRACT AWARD AND EXECUTION
A. Bid or Proposal Opening and Evaluation: The City will publicly open and announce all bids or
proposals it receives by total amount in accordance with the terms of the advertisement. The City will
verify all bidders or offerors have properly submitted and executed all required solicitation documents
and forms; review all bids or proposals 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 or proposals to the
engineer's estimate; evaluate unbalanced bid or proposal items; confirm the bid tabulations; and provide
a recommendation for award of bid or proposal or recommendation for re-advertisement, if appropriate,
to the City Commission.
B. Rejection of Bids or Proposals: The City may reject bids or proposals in the following circumstances:
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1. where the low bid differs from the engineer's estimate by an unreasonable amount (reasonable
conformance pursuant to 23 CFR 635.114(c))
2. where obvious unbalancing of unit prices has occurred, or
3. where competition is considered to be inadequate relative to the size, type, and location of the
project.
C. Prohibition of Negotiations with Contractors or Bidders or Offerors: Negotiations with contractors
are not permitted during the advertisement, award, or execution period of the contracting process.
D. 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.
2.32 CONE OF SILENCE
A. Cone of Silence: Definitions: “Cone of Silence,” as used in this solicitation, means a prohibition on any
communication regarding a particular Request for Proposal (“RFP”), Request for Qualification (“RFQ”)
or Invitation to Bid (“ITB”), between:
1. a potential vendor, service provider, Bidder or Offeror, bidder, lobbyist, or consultant, and:
2. 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 solicitation upon the advertisement of the
solicitation. At the time of imposition of the Cone of Silence, the City Manager or designee shall 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:
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1. Oral communications at pre-bid or pre-proposal conferences;
2. Oral presentations before the Selection Committee;
3. Public presentations made to the City Commission members during any duly noticed public meeting;
4. Communications in writing at any time with any City employee, unless specifically prohibited by the
solicitation. The Bidder or Offeror shall file a copy of any written communication with the City
Clerk. The City Clerk shall make copies available to any person upon request;
5. Communications regarding the solicitation between a potential vendor, service provider, Bidder or
Offeror, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City
employee designated as responsible for administering the procurement process for the solicitation,
provided the communication is limited strictly to matters of process or procedure already contained
in the corresponding solicitation document;
6. Communications with the City Attorney and his staff;
7. Duly noticed site visits to determine the competency of a Bidder or Offeror regarding the solicitation
during the time period between the opening of Bids or Proposals and the time the City Manager
makes a written recommendation;
8. Any emergency procurement of goods or services pursuant to City Code;
9. Responses to the City’s request for clarification or additional information;
10. Contract negotiations during any duly noticed public meeting;
11. Communications to enable City staff to seek and obtain industry comment or perform market
research, provided all related communications between a potential vendor, service provider, Bidder
or Offeror, lobbyist, or consultant 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 or Offeror shall render any solicitation award or
contract to the Bidder or Offeror 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 solicitation, 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.
2.33 ADDITIONAL GENERAL CONDITIONS
A. 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.
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
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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
equipment must be stored in a designated staging area.
2. Site Restoration:
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.
3. Access:
As applicable, 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.
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3. SPECIAL CONDITIONS
3.1 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS
A. All questions requiring interpretation or clarification of the bidding documents shall be submitted to the
project’s Q&A in the portal by NO VALUE at NO VALUE. Questions received after this time will not
be addressed.
B. For information pertaining to this ITB, Bidders shall submit questions to the portal. 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.
C. 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.
D. The Bidder, prior to submitting a bid, shall acknowledge any Addendum or Addenda issued by the City
for this Project.
E. 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.
F. Bidders shall use the Bid Document Forms furnished in the ITB.
G. In the event of a mathematical error in the extension of any unit price, or addition of total price, the unit
price shall prevail.
H. Insurance Coverage: Bidders who are responding to the Invitation to Bid (“ITB”) MUST comply with
all of the Insurance Requirements specified in the General Terms and Conditions of the Bid Documents
and the Agreement upon award to the successful Bidder.
3.2 BID SECURITY
A. Bid Security: N/A
3.3 FLORIDA TRENCH SAFETY ACT
The Bidder shall include with its Bid, when applicable, all documentation required by the Florida "Trench
Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those
presented in any subsequent change orders shall include the Bidder's cost for compliance with the applicable
trench safety standards.
3.4 QUALIFICATION OF BIDDERS
A. Bidders’ Qualifications: The Bidder shall complete the Bidders’ Questionnaire Section, 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.
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B. 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.
C. 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:
1. Reason to believe that collusion exists among the Bidders.
2. The Bidder is or has been involved directly or indirectly in litigation or arbitration against the Owner
within the past ten (10) years.
3. 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.
4. 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.
5. 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.
D. 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:
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.
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.
The appearance of an unbalanced Bid, as determined by the Owner.
If the Bidder makes one or more false statements or provides false information in connection with any
portion of the bidding documents.
If the Bidder fails to demonstrate successful performance and completion of projects of a similar
magnitude, scope or value as this project.
E. 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:
1. 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.
2. If the Bidder fails in any way to abide by any of the provisions of the Contract Documents.
3.5 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.
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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
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
The City will pay to the Contractor for the faithful performance of the Contract, in lawful 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.