HomeMy WebLinkAboutR-2025-103 Agreement with Rocha Controls for Calibration & Repairs to Flow Meters (ITB No. 25-013)RESOLUTION NO. 2025-103
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH U.S. WATER SERVICES CORPORATION D/B/A ROCHA CONTROLS, FOR CALIBRATIONS AND REPAIRS OF FLOW METERS AND RELATED DEVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the water treatment plant and water distribution departments have various
electrical controls and components that are relied upon to keep daily operation running
smoothly. Services performed to these include flow meter calibrations, repairs for electronic
controls for gravity filters, wiring high service pumps, lime softening feed systems, lift station
panels and more. All these functions are crucial components to ensure operations for both the
water plant and distribution lift stations avoid any problems; and
WHEREAS, the City Commission of the City of Dania Beach approved Resolution
2021-003, authorizing the Public Services Department (PSD) to issue ITB No. 25-013 for the
“Calibrations and Repairs of Flow Meters and Related Devices”; and
WHEREAS, on May 20, 2025, the City received two (2) responses to ITB No. 25-013
“Calibrations and Repairs of Flow Meters and Related Devices”, shown below:
1) U.S. Water Services Corporation DBA Rocha Controls.
2) Universal Controls Instrument Services; and WHEREAS, on June 24, 2025, the City Commission adopted Resolution No. 2025-093,
authorizing the award of ITB No. 25-013 to U.S. Water Services Corporation DBA Rocha
Controls;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the proper City officials to execute
an agreement, which Agreement is attached as Exhibit “A” and incorporated into this
Resolution by this reference, with U.S. Water Services Corporation DBA Rocha Controls for
“Calibrations and Repairs of Flow Meters and Related Devices.
2 RESOLUTION #2025-103
Section 3. That funding will be appropriated from the Water Fund/Repair and
Maintenance Services Equipment Account Number 401-33-03-533-46-10 and 402-35-02-535-
46-70 for a total combined amount of Seventy-Five Thousand Dollars ($75,000.00).
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on July 8, 2025.
Motion by Vice Mayor Salvino, second by Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Archibald J. Ryan IV ____ ____
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY
1
AGREEMENT THIS IS AN AGREEMENT (the “Agreement”) entered into on ______________, 2025,
between the CITY of Dania Beach, Florida, a Florida municipal corporation, (the “CITY”) with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and U.S. Water Services Corporation D/B/A Rocha Controls, (“Contractor”) a Florida Corporation with a mailing address 5025 W Rio Vista Avenue, Tampa, Florida 33634, for services related to Invitation to Bid (“ITB”) No. 25-013, entitled, “Calibrations and Repairs of Flow Meters and Related Devices”.
W I T N E S S E T H: In consideration of the mutual covenants, terms and conditions contained in this Agreement, and for other good and valuable consideration, the adequacy and receipt of which are
acknowledged, the parties agree as follows: ARTICLE 1 PREAMBLE
In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and
commitments included within the provisions which follow and may be relied upon by the parties as
essential elements of the mutual considerations upon which this Agreement is based. 1.1 On April 29, 2025, the CITY advertised its notice to bidders of the CITY's desire to hire a CONTRACTOR to provide calibration and service of all types and models of flow meters as more
particularly described ITB No. 25-013 “Calibrations and Repairs of Flow Meters and Related
Devices” 25-013, attached hereto and incorporated as Exhibit "A" 1.2 On May 20, 2025, the bids were opened at Dania Beach CITY Hall, 100 Dania Beach Boulevard, Northwest Conference Room.
1.3 On June 24, 2025, the CITY awarded the bid to Contractor and authorized CITY officials to execute a contract consistent with the terms and conditions set forth herein. ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 Contractor hereby agrees to provide the services which include but are not limited to repair,
modification, maintenance and/or replacement of related instrumentation and/or calibration and
certification of flow meters and related devices within the CITY’s Water Treatment Plant, Well Fields
and Field Operation’s distribution and wastewater transmission systems. All these functions are
crucial components to ensure operations for both the water plant and distribution lift stations. The
2
scope of services as more particularly described in Exhibit "A" and Contractor's response thereto,
attached hereto and made a part hereof as Exhibit "B". Contractor agrees to do everything required
by this Agreement, the Sealed Bid Package, Addenda to this Agreement, and Commission award
complete with proposal form. In the event of any conflicts between this Agreement, Exhibit A and
Exhibit B, this Agreement shall prevail, followed by Exhibit A.
2.2 Contractor shall furnish all services, labor, equipment, and materials necessary and as may be
required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 2.3 Contractor hereby represents to CITY, with full knowledge that CITY is relying upon these
representations when entering into this Agreement with Contractor, that Contractor has the
professional expertise, experience and manpower to perform the services to be provided by Contractor pursuant to the terms of this Agreement. 2.4 Contractor assumes professional and technical responsibility for the performance of its
services to be provided hereunder in accordance with recognized professional standards of good
engineering practices. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises the Contractor thereof in writing, Contractor shall re-perform such deficient services without charge to the CITY.
2.5 Contractor shall not utilize the services of any sub-Contractor without the prior written
approval of CITY. ARTICLE 3 TERM AND TERMINATION
3.1 The term of this Agreement shall be for two (2) years, commencing on the date the Agreement is signed by all parties. This Agreement may be renewed for up to three (3) additional one (1) year terms, subject to the written consent and agreement between the Parties.
3.2 Termination of Agreement for Convenience. It is expressly understood and agreed that the
CITY may terminate this Agreement at any time for any reason or no reason at all by giving the Contractor notice by certified mail, return receipt requested, directed to the principal office of the Contractor, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Contractor shall be entitled to be compensated for the
services rendered from the effective date of execution of the Agreement up to the date of receipt
of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by CITY after conferring with Contractor. 3.3 Termination of Agreement for Cause. If CITY elects to terminate the Agreement for cause,
CITY will provide Contractor with twenty (20) days’ advance written notice to the Contractor. If
Contractor promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated and the CITY will pay Contractor for work completed less any costs, expenses and damages incurred by CITY as a result
3
of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for
convenience.
ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT
Payment for Services. CITY agrees to pay Contractor a fee or fees as determined based upon the scope of work identified by the CITY to provide services related to the specified project. There will be a not-to-exceed amount of Seventy-Five Thousand Dollars ($75,000.00) per year for the term of this Agreement. No travel and meal costs will be reimbursable. Prior to seeking any
services outside of Contractor’s scope and pricing as identified in Exhibits “A” and “B”, as “Costs
not included with proposal”, Contractor shall adhere to the foregoing: 4.1. Any necessary additional work, as determined by CITY, which is not covered by the scope of service, shall not be undertaken without a written amendment to authorize the Work
Order executed by both parties in advance of any new or additional work.
4.2. Contractor shall submit its invoices in the format and with supporting documentation as may be required by the CITY.
4.3. The CITY shall pay Contractor monthly for services rendered within thirty (30)
calendar days from date of approval of each of Contractor’s invoices by the CITY Manager. If any errors or omissions are discovered in any invoice, CITY will inform the Contractor and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, CITY agrees to pay all undisputed portions, and the parties agree to cooperate by
promptly conferring to resolve the disputed portion.
4.4. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law.
ARTICLE 5 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 5.1 CITY or Contractor may request changes that would increase, decrease, or otherwise modify the Scope of Services, as described in Exhibit "A," to be provided under this Agreement as described
in Article 2 of this Agreement. Such changes or additional services must be in accordance with the
provisions of the Code of Ordinances of the CITY, and must be contained in a written amendment, executed by the parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work.
5.2 In no event will the Contractor be compensated for any work which has not been described
in a separate written agreement executed by the parties hereto.
4
ARTICLE 6 INDEMNIFICATION
The Contractor shall, in addition to any other obligation, indemnify the CITY and to the fullest extent permitted by law, indemnify and hold harmless the CITY, including its elected officials, and employees from and against claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged:
6.1 bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from, 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 negligent act, error or omission of the Contractor or its subcontractors, 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; 6.2 violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent, copyright or trademark rights by Contractor or its
subcontractors in the performance of the work;
6.3 liens, claims, actions made by the Contractor or its subcontractors or other party performing the work;
6.4 claims related to collection practices or any actions of a contradictory nature
pursuant to Contract or in an attempt to collect monies due or claimed to be due to the CITY. 6.5 The parties recognize that various provisions of this Agreement, including but not
necessarily limited to this Section, provide for indemnification by the Contractor and that Florida
Statutes §725.06 requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the parties
understand and agree that the covenants and representations relating to this indemnification provision
shall serve the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. ARTICLE 7
INSURANCE
7.1 Insurance Required Before Commencement of Work: The Contractor shall not commence Work under the Agreement until the 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.
5
7.2 Insurance Requirements: Coverages shall be in force until all Work required to be
performed under the terms of the Agreement, including any applicable warranty period, is
satisfactorily completed as evidenced by the formal written acceptance by the CITY. In the event insurance certificates provided to CITY indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such
insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance
of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE
WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR DELAY.
7.3 Required Minimum Coverages: The below coverages are minimum limit
requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the CITY reviews and approves in writing the insurance limits on each of the policies. The CITY must approve any changes to these specifications and has the right to review and amend coverage requirements. The Contractor shall
be held responsible for any modifications, deviations, or omissions in these insurance
requirements. Contractor shall be responsible for any deductible amounts. 7.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising
injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two
Million Dollars ($2,000,000.00) annual aggregate. 7.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance):
a. Annual Aggregate shall apply “Per Job”; b. “The City of Dania Beach, Florida” is added as a named “Additional Insured”; c. 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;
d. Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (07 04); e. Contractor’s insurance shall be primary and non-contributory; f. Waiver of Subrogation in favor of the CITY;
g. 30 Days’ Notice of Cancellation or modification to CITY (if not available on the
insurance policies, then Contractor has responsibility for notification); and h. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate.
6
7.6 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.
7.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation Insurance for all of the latter’s employees, in addition to any coverage afforded by the Contractor, by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00)
Employers’ Liability Limits Part B.
7.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING:
A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS’ COMPENSATION INSURANCE COVERAGE; OR
B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE
LEASING ARRANGEMENT. 7.9 SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance) :
A) 30 Days’ Notice of Cancellation or Modification to CITY (if not available on
the insurance policies, then Contractor has responsibility for notification); and
B) Waiver of Subrogation. 7.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single
limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired,
and non-owned vehicles. 7.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance):
a) “The City of Dania Beach” is added as a named “Additional Insured”;
b) 30 Days’ Notice of Cancellation or modification to CITY (if not available on the insurance policies, then Contractor has responsibility for notification); and
c) Waiver of Subrogation.
7.12 Proof of Insurance: The following are requirements that must be met regarding the
Bidder’s delivery of Certificates of Insurance for all coverages required in the Agreement and Bid Documents:
7
7.12.1 “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 as void and to negotiate a contract with the next lowest responsive and responsible Bidder. “Special Provisions”, as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the “Official” certificates.
7.12.2 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.
ARTICLE 8 INDEPENDENT CONTRACTOR 8.1 This Agreement does not create an employee/employer relationship between the
parties. It is the intent of the parties that the Contractor is an independent Contractor under this
Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance
law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means
of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with CITY, State, H.U.D., or United States policies, rules or regulations relating to the use of Contractor's Funds provided for herein. The
Contractor agrees that it is a separate and independent enterprise from the CITY, that it has full
opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the CITY and the CITY will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum
wages and/or overtime premiums.
ARTICLE 9 GOVERNING LAW, VENUE, FEES
9.1 This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement shall be in Broward County, Florida.
8
9.2 All claims, counterclaims, disputes and other matters in question between CITY and Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the
services of it, or the standard of performance required in it, shall 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.
9.3 If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of the United States. Each party further agrees
that venue of any action to enforce this Agreement shall be in Broward County, Florida. In any
litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard of performance required in it, the prevailing party shall be entitled to recover reasonable attorney fees from the non-prevailing party.
9.4 Operations During Dispute. In the event that a dispute, if any, arises between the CITY and the Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to continue to render service in full compliance with all terms and conditions of this Agreement as required by the CITY.
ARTICLE 10 PUBLIC RECORDS 10.1 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.
10.2 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.
10.3 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.
9
10.4 Upon completion of 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. 10.5 Any compensation due to Contractor shall be withheld until all records are received as provided in this Agreement.
10.6 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. 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, CITY CLERK Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623 Email: eriera@daniabeachfl.gov ARTICLE 11 NOTICES
11. 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:
10
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: Frank Kalan, Vice President Rocha Controls, a U.S. Water Services Company
5025 W Rio Vista Avenue
Tampa, Florida 33634
ARTICLE 12 SCRUTINIZED COMPANIES -- 287.135 AND 215.473 The Contractor certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Contractor agrees to observe the requirements of Section 287.135,
F.S., for applicable sub-agreements entered into for the performance of work under this Agreement.
Pursuant to Section 287.135, F.S., the CITY may immediately terminate this Agreement for cause if the Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As
provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions, then they shall become inoperative. ARTICLE 13 E-VERIFY
A. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment
eligibility of:
(i) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and
(ii) All persons (including sub vendors/consultants/subcontractors) assigned by Contractor to
perform work pursuant to the contract with the City of Dania Beach. The Contractor acknowledges
and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Dania Beach; and
11
(iii) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to
registration and utilization of the E-Verify System to verify the work authorization status of all
newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to
termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period
of one (1) year after the date of termination.
ARTICLE 14 SOVEREIGN IMMUNITY
14.1 Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the CITY other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the CITY, unless the claim is based upon a breach by the CITY of this Agreement. Further, the
Contractor recognizes 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 or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the CITY. All obligations of the CITY 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, Consultants, agents, or any Contractor employee; and
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 Contractor and the CITY.
12
ARTICLE 15 MISCELLANEOUS
15.1 Ownership of Documents. Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of CITY whether or not the project for which they are made is completed. CITY hereby agrees to use Contractor’s work product for its intended purposes.
15.2 Records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement.
Contractor agrees that Contractor, or its authorized representatives, shall have access to and the
right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. 15.3 Assignments; Amendments. This Agreement, and any interests herein, shall not be
assigned, transferred or otherwise encumbered, under any circumstances, by Contractor without the
prior written consent of CITY. For purposes of this Agreement, any change of ownership of Contractor shall constitute an assignment which requires CITY approval. However, this Agreement shall run to the benefit of CITY and its successors and assigns.
It is further agreed that no modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 15.4 No Contingent Fees. 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 or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the
Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover
the full amount of such fee, commission, percentage, gift or consideration. 15.6 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement. 15.7 Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement.
15.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference.
13
15.9 Severability. If any provision of this Agreement or application thereof 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 thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 15.10 Extent of Agreement. This Agreement represents the entire and integrated agreement
between the CITY and the Contractor and supersedes all prior negotiations, representations or
agreements, either written or oral. 15.11 Legal Representation. It is acknowledged that each party was represented by counsel in the preparation of and contributed equally to the terms and conditions of this Agreement
and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply herein due to the joint contributions of both parties. 15.12 Counterparts and Execution. This Agreement may be executed in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute
one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally
binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 15.13 Safety. The Contractor shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project Work. The
Contractor 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.
The Contractor 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). `
15.14 Warranty. The Contractor shall warrant to the CITY that materials and
equipment furnished under the agreement will be of good quality and new and all 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.
14
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written. CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
Dated: _____________, 2025
APPROVED FOR FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
15
CONTRACTOR: U.S. Water Services Corporation DBA
Rocha Controls WITNESSES:
SIGNATURE SIGNATURE
PRINT Name PRINT Name
SIGNATURE Title PRINT Name
STATE OF FLORIDA
COUNTY OF ____________________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on ______ , 20__, by ________________________,
as __________________________ of ______________________, a Florida ______________.
He/She is personally known to me or has produced ____________
as identification.
NOTARY PUBLIC My Commission Expires: State of Florida
1
CITY OF DANIA BEACH, FLORIDA
Calibrations and Repairs of Flow Meters and Related Devices
CITY INVITATION TO BID (“ITB”) NO. 25-013
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Tuesday, April 29, 2025
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
2
Table of Contents
1. NOTICE TO BIDDERS
2. GENERAL TERMS & CONDITIONS
3. SPECIAL CONDITIONS
4. SCOPE OF WORK
5. BID FORM
6. BIDDER SUBMISSIONS
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
3
1. NOTICE TO BIDDERS
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"Calibrations and Repairs of Flow Meters and Related Devices"
25-013
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed
Bids for its “Calibrations and Repairs of Flow Meters and Related Devices, 25-013”.
Bids will be accepted on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl until Tuesday, May 20, 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/152866.
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.
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.
Bids will be publicly opened and read aloud immediately after the submission deadline on the Bid due date
referenced above using RingCentral meeting software, in the presence of the City Clerk or designee on the
above stated date. Award of a contract will be made at a subsequent City Commission meeting
All bidders are advised that the City has not authorized the use of the City seal 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.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
4
CITY OF DANIA BEACH, FLORIDA
Published on: Tuesday, April 29, 2025
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
5
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.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
6
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
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
7
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.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
8
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.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
9
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:
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
10
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.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
11
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).
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
12
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.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
13
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
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
14
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:
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
15
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
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
16
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.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
17
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.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
18
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:
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
19
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 initial
contract period shall be for two (2) years. In addition, contingent upon budget approval, the City
reserves the right to renew the contract for three (3) additional one (1) year periods, under the same
terms, conditions, and specifications by written notification by the City to the contractor.
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
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
20
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:
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.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
21
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: Simultaneously with the delivery of an executed Bid to the Owner, the Bidder shall
furnish to the Owner a Bid Security in the amount of 5% of the proposed pricing as security for the
faithful execution of an Agreement with the Owner in the event of a bid award by the City Commission.
B. Bid security may be in the form of a cashier's check payable to the City of Dania Beach and drawn on a
Florida bank, or a Bid Bond (see attachments) issued by a surety meeting the qualifications stated in
these Instructions to Bidders. Cashier’s checks must be received by the Procurement Division before the
bid submission deadline at the address noted on the title page. Bonds shall be submitted on the forms
provided by the Owner. Bonds shall be returned subsequent to award of the Agreement by the City
Commission and execution by the successful Bidder and the appropriate City officials. If the Bidder fails
to submit the required executed agreement within fourteen (14) calendar days after an award, the Bidder
agrees that the City may retain the bid security deposit as the City’s liquidated damages.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
22
C. Failure of the successful Bidder to execute an Agreement, to furnish Performance and Payment Bonds
when required, and to furnish Certificates of Insurance in the minimum amounts specified in the Bid
shall be just cause for the rescission of the agreement award and the retention of the Bid Security deposit
by the Owner. Such retention shall be considered not as a penalty, but as liquidation of the claims of the
Owner for damages it sustained, which are not otherwise readily ascertainable. Award may then be
made to the next ranked Bidder, or all Bids may be rejected.
3.3 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.
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.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
23
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.
3.4 BILLING PROCEDURE
The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to
City Hall.
City of Dania Beach Finance Department
Attn: Accounts Payable
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
with a copy to:
City of Dania Beach Public Services Department
Attn: Fernando Rodriguez
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.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
24
4. SCOPE OF WORK
4.1 SCOPE
A. The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking bids from qualified
Contractors (the “Contractor”), for a project known as “Calibrations and Repairs of Flow Meters and
Related Devices”. Services required include repair, modification, maintenance and/or replacement of
related instrumentation and/or calibration and certification of flow meters and related devices within the
City’s Water Treatment Plant, Well Fields and Field Operation’s distribution and wastewater
transmission systems.
B. By submitting a bid, the Bidder acknowledges that he, she, or it is familiar with the scope of services
prior to submitting a bid. Failure of a Bidder to be familiar with the requirements of the Project Work
does not relieve the Contractor of the responsibility for completion of all required services for the
Project.
C. It shall also be the Bidder's responsibility to visit the proposed Project Site to become thoroughly
familiar with the nature and extent of the Work to be performed and all local existing site conditions,
and to make his or her own estimate of the facilities and difficulties attending the execution of the Work;
no allowance shall be made by the Owner for the Bidder's failure to do so.
D. Bids will be considered if submitted by qualified Contractors who or which have experience, including
similar previous work in the provision of the requested services. Contractors offering full service will
receive the highest consideration.
E. Applicants should include the following items in the submitted Bid:
1. Letter of Transmittal.
2. Anticipated timeline to begin delivery of services.
3. A breakdown of the costs for the delivery of services described above.
4. Résumés of key personnel who will actually be assigned to the Project Work and a description of the
role of each person within the company.
5. NOTE: The City expects those personnel listed to be those who will be actually performing the
Project Work. Substitutions (Contractors only) will be permitted only upon written approval of the
City’s representative or designee who is in charge of the Project.
6. A list of five (5) similar projects performed in South Florida (see the BIDDER SUBMISSIONS) and
it includes the following information:
a. Name of each entity for which the work was performed.
b. Brief description of the scope of work.
c. Amount of initial contract award; and
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
25
d. Name of contact person and contact information with the entity who can knowledgeably discuss
your company’s performance.
7. Indication that the Contractor can provide increased levels of service (additional hours) at the same
cost per hour; and
8. Any other information that the Contractor feels is relevant to assist the City in evaluating
Contractor’s qualifications.
9. The City intends to award an agreement to the lowest, responsive, responsible Bidder for the
requested services specified in the ITB, taking into consideration experience, staffing, equipment,
materials, references and past performance. The City reserves the right to reject any and all bids, to
waive any informality in a bid and to make an award in the best interests of the City. In case of
disputes in the award of the agreement, the decision of the City shall be final and binding on both
parties.
10. If the Bidder to whom or to which an award is made fails to enter into an agreement, the award may
be annulled and the agreement offered to the next most qualified Bidder or to the Bidder which
offered the next lowest, responsive and responsible bid in the opinion of the City. THE
CONTRACTOR AND ANY SUBCONTRACTOR(S) SHALL NOT COMMENCE WORK ON
THE PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY BOTH
PARTIES.
4.2 Important Instructions for Electronic Submittals
The City of Dania Beach is accepting electronic bid submissions. Bidders shall create a FREE account with
OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed
account registration, browse back to this page, click on "Draft Response", and follow the instructions to submit
the electronic bid.
4.3 Scope of Work or Project Details
A. Contractor will complete additional calibration services as requested by Public Services Department staff.
B. Response Time: Normal service request events must not exceed twenty-four (24) hours from the time of notification.
Emergency service request events must not exceed two (2) hours from time of notification.
C. Contractor will be supplied with the name(s) and telephone number(s) of the appropriate contact person(s) for the City
under the resulting agreement/contract. Contractor will be required to report to the specified City contact person prior
to performing any work required by the scope of services.
D. Whenever possible, Contractor shall utilize City-owned stocked parts and materials, as necessary to perform needed
service. If City-owned and stocked parts are not available,
E. Contractor shall provide parts and materials, which will be of first-rate quality.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
26
F. The Contractor shall maintain a reasonable stock of parts and materials available on a twenty-four (24) hour basis
sufficient to satisfy the anticipated demands of this agreement/contract.
G. All parts removed from service will be returned to the City's authorized staff. Contractor will be responsible for the
disposal of any non-repairable parts.
H. Contractor shall provide all labor, and tools necessary to perform calibration and instrumentation repair or/and
replacement services by Contractor or Contractor sub-contractor, as approved by the City.
I. To prevent injury to City staff, all equipment and tools, used by Contractor or sub-contractor, must be properly put
away when Contractor is not present. Any debris created as a result of the maintenance/repair service/replacement shall
be removed by Contractor at the end of each business day.
J. If repairs are no longer viable nor cost effective, replacement and installation can be provided at the City’s sole
discretion and acceptance of quote. The quote must include description of proposed replacement equipment with
make/model number, cost, estimated shipping, any warranty information and estimated time for delivery.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
27
5. BID FORM
Line Item Description Position Quantity Unit of
Measure Unit Cost Total
1 Cost per hour for work
completed during
regular work times, M-
F
Lead
Technician 1 Each
2 Cost per hour for work
completed during all
other times other than
above
Lead
Technician 1 Each
3 Cost per hour for work
completed during
regular work times, M-
F,
Technician 2 1 Each
4 Cost per hour for work
completed during all
other times other than
above
Technician 2 1 Each
Additional Cost
5 Proposers cost of
materials, multiplied by
mark-up for profit,
overhead, etc.
(Example $4,000 x 1.1
- $4,400.00)
Parts Mark-
up 1 Each
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
28
6. BIDDER SUBMISSIONS
1 BIDDER QUALIFICATIONS
Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania
Beach and will be a factor considered in awarding any resulting contract. The purpose is to ensure that the
successful Bidders in the sole opinion of the City of Dania Beach can sufficiently and efficiently perform all the
required services in a timely and satisfactory manner as will be required by the subject contract. If there are any
terms or conditions that are in conflict, the most stringent requirement shall apply.
1.1 Authorized representative contact information?*
Please include the name, title, phone and email of the authorized representative
*Response required
1.2 Entity type?*
☐ Corporation
☐ Partnership
☐ Individual
☐ Other (specify below)
*Response required
1.3 If you selected other please specify:
1.4 If you selected corporation please enter date of incorporation and state in which incorporated:
1.5 If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by the Office
of the Florida Secretary of State
☐ Please confirm
1.6 Please include the name and title of Principal Officers and the date they were elected:*
*Response required
1.7 How many years has your organization been in business?*
Enter years
*Response required
1.8 The length of time (continuous) in business in Florida:*
Enter years
*Response required
1.9 Please upload a copy of a county or municipal Business Tax Receipt*
*Response required
1.10 Please upload the Resumes of key personnel who will be assigned to Project Work and a description of the
role of each person within the company*
*Response required
1.11 Have you ever failed to complete any work awarded to you?*
☐ Yes
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
29
☐ No
*Response required
When equals "Yes"
1.11.1 If yes, please explain below*
*Response required
1.12 Within the last five years, has any officer or partner of your organization ever been an officer or partner of
another organization that failed to complete an Agreement?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.12.1 If yes, please explain below*
*Response required
1.13 Within the last five years, have you ever had a performance, payment or bid bond called?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.13.1 If yes, please explain below*
*Response required
1.14 Have you, any officer or partner of your organization, or the organization been involved in any litigation or
arbitration against the City?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.14.1 If yes, please explain below*
*Response required
1.15 Within the last five years, have you, any officer or partner of your organization, or the organization or
parent company or its subsidiaries been involved in any litigation or arbitration against any other
Florida public entity?*
☐ Yes
☐ No
*Response required
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
30
When equals "Yes"
1.15.1 If yes, please explain below*
*Response required
1.16 Within the last five years, have you, any officer or partner of your organization, or the organization or
parent company or its subsidiaries been involved in any litigation or arbitration against any private
entity for an amount greater than $100,000?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.16.1 If yes, please explain below*
*Response required
1.17 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent
company been charged or indicted for any criminal activity within the last five years?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.17.1 If yes, please explain below*
*Response required
1.18 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent
company been convicted or fined for any criminal activity within the last five years?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.18.1 If yes, please explain below*
*Response required
1.19 Within the last five years, have you, any officer or partner of your organization, or the organization been
investigated by any local, state, or federal law enforcement agency, criminal justice agency or
inspector general office?*
☐ Yes
☐ No
*Response required
When equals "Yes"
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
31
1.19.1 If yes, please explain below*
*Response required
1.20 Within the last five years, have you, any officer or partner of your organization, or the organization
communicated with any local, state, or federal law enforcement agency, criminal justice agency or
inspector general office relating to goods or services provided or performed for any governmental
entity?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.20.1 If yes, please explain below*
*Response required
1.21 Within the last five years, have there been any reports or audits relating to you, any officer or partner of
your organization, or the organization issued by any local, state, or federal law enforcement agency,
criminal justice agency or inspector general office.*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.21.1 If yes, please explain below*
*Response required
1.22 Within the last five years, have you, any officer or partner of your organization, or the organization failed
to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or
potential or apparent conflicts of interest?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.22.1 If yes, please explain below*
*Response required
2 Commercial/Government References
Provide a list of at least five commercial or government references that the successful Bidder has supplied
service/commodities meeting the requirements of the City of Dania Beach specifications, within the last five (5)
years
2.1 Reference 1*
Please include:
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
32
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
2.2 Reference 2*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
2.3 Reference 3*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
2.4 Reference 4*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
33
2.5 Reference 5*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
3 BIDDER'S QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all statements and answers contained below:
3.1 List below all pertinent information and data that would indicate the ability of your organization and
management personnel to perform satisfactorily.*
*Response required
3.2 Have you personally completed a plan for performance of the work?*
*Response required
3.3 Have you ever failed to complete work awarded to you?*
☐ Yes
☐ No
*Response required
When equals "Yes"
3.3.1 If so, when, where and why?*
*Response required
3.4 What equipment do you own that is available for work?
3.5 Has your company ever been debarred or held in default in Broward, Miami-Dade, or Palm Beach Counties
or elsewhere by any other governmental entity?*
*Response required
3.6 How many employees (Contractors only) will be assigned to perform the services?*
*Response required
3.7 How many supervisors will be assigned to perform the services?*
*Response required
3.8 Will personnel be part of a regular crew assigned to perform the services? *
☐ Yes
☐ No
*Response required
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
34
3.9 Will you be able to provide service for emergency situations? *
☐ Yes
☐ No
*Response required
When equals "Yes"
3.9.1 If so, how much notice is required?*
*Response required
3.10 What equipment do you own that is available to complete the Project?*
EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS AND SHIELDS
INSTALLED AND FUNCTIONING AT THE TIME OF WORK.
*Response required
3.11 Please attach copies of any licenses, awards, certificates, etc., that you may have.
4 REQUIRED FORMS
4.1 DRUG-FREE WORKPLACE CERTIFICATION*
Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are received by
the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/Bid received
from a business that certifies that it has implemented a drug-free workplace program shall be given preference
in the award process. In order to have a drug-free workplace program, a business shall:
A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of controlled substances is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
C. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in number (1).
D. In the statement specified in number (1), notify the employees that as a condition for working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction on or plea of guilty or no contest to any
violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any
singular state, for a violation occurring in the workplace no later than five (5) days after such conviction.
E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee’s community by any employee who is so convicted.
F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of
Section 287.087, Florida Statutes.
Calibrations and Repairs of Flow Meters and Related Devices Invitation To Bid (“ITB”) No. 25-013
35
By confirming I certify that said Company has implemented a drug-free workplace program, which meets the
requirements of Section 287.087, Florida Statutes, which are identified in letters (A) through (F) above.
☐ Please confirm
*Response required
4.2 Affidavit of Compliance with Anti-Human Trafficking Laws*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
• Anti-Human_Trafficking_Exhi...
*Response required
4.3 Sworn Statement Under 287.133 3A Florida Statutes Public Entity Crimes*
Please download the below documents, complete, and upload.
• EXHIBIT_“B”_City_of_Dania_B...
*Response required
4.4 Non-Collusion Affidavit*
Please download the below documents, complete, and upload.
• EXHIBIT_“C”_-_Non_Collusion...
*Response required
4.5 Independence Affidavit*
Please download the below documents, complete, and upload.