HomeMy WebLinkAboutR-2025-124 Bid Award to Emenco for Woman's Club Restoration (ITB 2025-015)RESOLUTION NO. 2025-124
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID NO. 2025-015 “DANIA BEACH WOMAN’S CLUB RESTORATION” TO EMENCO CORP. FOR HISTORIC RESTORATION AND REPAIRS; PROVDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City’s Dania Beach Woman’s Club is a designated historic property
constructed in 1935 with a significant addition in 1952; and
WHEREAS, the property is scheduled for a historic restoration to its original condition or
better; and
WHEREAS, the restoration project consists of structural repairs, new insulation, a new
HVAC system, electrical and plumbing systems, expansion of existing restroom and painting; and
WHEREAS, the City advertised Invitation to Bid No. 2025-015 “Dania Beach Woman’s
Club Restoration” on OpenGov and received the below responses:
• Williams & Thomas Construction $823,765.42
• Emenco Corp $885,940.12
• Persons Services Corp $916,775.00
• Vercetti Enterprises, LLC $951,659.00; and
WHEREAS, The Bid Committee, comprised of Public Services Deputy Director/City
Engineer Sean Schutten, Lead Project Manager Megan Yany and Project Architect David Salay,
conducted a thorough review of all submissions, and
WHEREAS, based on the Committee’s review and input, Emenco Corp. was selected; and
WHEREAS, the Bid Committee determined the apparent low bidder was disqualified due
to not submitting a bid bond; and
WHEREAS, the City Administration recommends that the City Commission award ITB
NO. 2025-015 to Emenco Corp. in the amount of $974,534.13 which includes a 10% contingency
in the amount of $88,594.01; and
WHEREAS, the Public Services Department is requesting additional funds in the amount
of $25,000 to cover permitting costs.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the proper City officials to execute an
agreement with Emenco Corp. for the Dania Beach Woman’s Club Restoration, in accordance with
the itemized schedule of costs, a copy of which is attached as Exhibit “a” and made a part of and
incorporated into this Resolution by this reference.
Section 3. That funding for this restoration is appropriate and available within the
Capital Projects Fund/Infrastructure Improvements other than Bldgs. Account No. 301-18-12-519-
63-10.
Section 4. That the total available budget for the project is Nine Hundred Ninety-Nine
Thousand Five Hundred Thirty-Four Dollars Thirteen Cents ($999,534.13) which includes a project
contingency of 10% in the amount of $88,594.01 and additional funds for permitting costs in the
amount of $25,000.00.
Section 5. That use of contingency funds in the amount of $88,594.01 may be
approved by the City Manager through written request by the Public Services Department upon
receipt of written change orders from the vendor.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Resolution shall be effective 10 days after passage.
SIGNATURES ON THE FOLLOWING PAGE
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PASSED AND ADOPTED on August 26, 2025.
Motion by Commissioner Lewellen, second by Commissioner Rimoli.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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AGREEMENT
THIS IS AN AGREEMENT (“Agreement”) dated _________________, 2025, between
the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Emenco Corp, (“Contractor”) a Florida corporation with a mailing address of 782 NW 42 Avenue, Suite 205, Miami, Floria 33126.
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 and agreed upon, the parties agree as follows:
1. Definitions.
City. The City of Dania Beach, Florida.
City Code. The City of Dania Beach Code of Ordinances.
Force Majeure: Any event which results in the prevention or delay of performance by a
party of its obligations under this Agreement and which is beyond the reasonable control
of such party including, but is not limited to fire, earthquakes, hurricanes, tornadoes, storms, lightning, epidemic, pandemic, war, riot, civil disturbance, sabotage, and governmental actions.
Governmental Approvals: All governmental and quasi-governmental approvals from
applicable city, county and other agencies and authorities required to develop the
Property, including, but not limited to, development of regional impact approvals, site plan approvals, comprehensive land use plan approvals, plat approvals and recordation, public dedications, environmental approvals, zoning approvals, building permits and all other governmental approvals required in connection with the development of any
Improvements at the Property (and the expiration of all appeal periods with respect
thereto), modification or vacation of easements or both, and other matters pertaining to the Property.
Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission board, bureau, court, agency, or any
instrumentality of any of them now existing or hereafter created, having jurisdiction over
the Property or any portion thereof.
Governmental Requirement. Any law, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, order, permit, certificate, license, authorization, agreement, or other direction or requirement of any Governmental
Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued.
Contractor shall comply with all Governmental Requirements applicable to the operations and Property, including, without limitation, those prohibiting discrimination by reason of race, color, religion, sex, marital status, sexual orientation, gender identity, national origin, or handicap in the development, construction, management, Agreement, use, occupancy
of the operation and Property or any portion thereof.
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Work. The labor and materials required to complete the construction of the Improvements
on the Property, and any related buildings or structures not located on the Property, in a
good and workmanlike manner in accordance with the Plans and all applicable Governmental Requirements. 2. Scope of Services. The Contractor agrees to provide construction services (“Services” or
“Work”) associated with the City’s ITB (Invitation to Bid) No. 25-015 entitled “Dania Beach
Woman’s Club Restoration”, which ITB is incorporated by this reference into this Agreement as Exhibit “A”. The reference to Exhibit “A”. This Agreement encompasses the Contractor’s response; provided, however that if there is any conflict between the terms of the Agreement and the Contractor’s response to City, the Agreement is controlling. The Services are identified and
described in the Contractor’s Bid Form as Exhibit “B” which exhibit is incorporated by reference
into this Agreement. 3. Subcontracts. It is expressly agreed to by the parties that the City shall approve in advance in writing any Subcontractors and the fees to be paid them by Contractor, prior to any such
Subcontractor proceeding with any such work. Contractors shall only designate employees who
are sufficiently skilled to provide the required services specified in this Agreement. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately
relieved by the Contractor from the Project Work. Any interference with, or any abusive or
threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe
condition. It is expressly agreed to by the parties that the City shall approve in advance in writing
any subcontractors and the fees to be paid them by Contractor, prior to any such subcontractor proceeding with any such work. 4. 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.
4.1 Code Related Inspections. The Contractor recognizes that the City of Dania Beach, Development Services Department, is a department within the City of Dania Beach, separate and apart from the City of Dania Beach’s Engineering Department, that is charged with the inspection of improvements to real property for code compliance. The Contractor agrees that it
will not assert, as a City caused delay, or as a defense of any delay on the part of the Contractor,
any good-faith action or series of actions on the part of the Development Services Department, including, but not limited to, the Development Services Department’s refusal to accept any portion of the Contractor's Work. If it is ultimately determined by the Architect and City that such delay was not the result of Contractor's failure to comply with the Agreement Documents,
the Contractor may be entitled to make a claim for extension of Agreement Time only as its
exclusive remedy, in accordance with the terms of the Agreement.
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4.2 Commercial Activities. Contractor shall not establish any commercial activity or issue concessions or permits of any kind to third parties for establishing commercial activities on lands
owned or controlled by City. Contractor shall not allow its employees to engage in any
commercial activities on the site.
4.3 Cooperation With Others. City and other contractors may be working at the site during the performance of this Agreement. Contractor shall fully cooperate with the City, City's designated Representative, and other separate contractors to avoid any delay or hindrance of their work.
City may require that certain facilities be used concurrently by Contractor and other parties, and
Contractor shall comply with such requirements. The City shall provide for coordination of the activities of the City's own forces, and of each separate contractor, with the Work of the Contractor, who shall cooperate and participate with other separate contractors and the City in reviewing their construction schedules.
4.3 The below listed documents are to be used by the Contractor and City during the
administration of this Agreement. Additional administrative forms may supplement this list upon written notice by the City (or City's Project representative). City reserves the right to modify these forms as it deems necessary. Contractor shall maintain logs for Items A-K and provide to City monthly.
A. Request for Information
B. Field Instruction
C. Field Bulletin D. Construction Change Proposal E. Change Order F. Construction Change Directive
G. Submittal Transmittal
H. Deficiency Report I. Non-Conformance Report J. Contractor's Daily Report K. Substitution Report
4.4 Contractor shall provide and maintain all utilities in work areas to meet the requirements of the Agreement. Such utilities shall be furnished by the Contractor and shall include, but not be limited to, the following:
A. Public telephone service for the Contractor's use.
B. Construction power as required at each point of construction. C. Water as required throughout the construction. 4.5 Prior to final acceptance of the Work, the Contractor shall, at its expense, satisfactorily
remove and dispose of all temporary utilities developed to meet the requirements of the
Agreement. The City will assume the utility costs directly related to its usage of areas in which the Work has been certified as Substantially Complete.
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4.6 Coordination And Correlation Of Drawings And Specifications. The Contractor represents that the Contractor, its Subcontractors, material and equipment suppliers have carefully and
diligently compared Phasing, Demolition, Landscaping, Architectural, Structural, Electrical,
Underground, Civil and Site Drawings and Specifications, and have compared and reviewed all general and specific details on the Drawings. Contractor shall not be liable to the City for damages or costs resulting from errors, omissions, or inconsistencies in the Agreement Documents, or for differences between field conditions and the Agreement Documents, unless the Contractor
recognized, or in the exercise of its due diligence, should have recognized the issue and knowingly
failed to report it to the City. Contractor shall have the right to rely on the completeness and accuracy of information, Drawings, Specifications, and other Agreement Documents provided by the City or Design Consultants.
4.7 Agreement Interpretation. All claims of Contractor, and all questions the Contractor may
have relating to interpretation or clarification of this Agreement, or its acceptable fulfillment shall
be submitted immediately, in writing, to City for resolution. City, or its representatives, will render its determination concerning such resolution within an appropriate period, not to exceed five (5) calendar days, unless additional time is needed due to the novelty or complexity of the interpretation or clarification requested, which determination shall be considered final and
conclusive unless Contractor files a timely written protest pursuant, as a Dispute. The Contractor's
written protest shall state clearly and in detail the basis thereof, and the relief it seeks, if any. City will consider Contractor's protest and render its decision thereon within five (5) calendar days If Contractor does not agree with the City's decision, the Contractor shall immediately deliver written notice to that effect to the City. If questions of interpretation are not responded to by the
Architect or City within the time frame above, and in a manner so as not to impede the natural
progress of the Work as scheduled, and such delay impacts the critical path of the Work, Contractor shall be entitled to adjustment in the performance time as its exclusive remedy. Contractor is solely responsible for requesting instructions or interpretations and is solely liable for any cost and/or expenses arising from its failure to do so. Contractor's failure to protest City's
determinations, instructions, clarifications or decisions within five (5) calendar days after receipt
thereof shall constitute a waiver by Contractor of all its rights to further protest, judicially or otherwise.
5. Date Of Commencement And Substantial Completion
5.1 The Date of Commencement is the date from which the Contract Time is measured, and
shall be the date set forth in the NOTICE TO PROCEED as issued by the City. Should the Contractor incur costs prior to the issuance of the NOTICE TO PROCEED, any such costs shall be incurred at the Contractor’s risk, and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may reimburse Contractor
for actual costs incurred relating to performance and payment bonds and insurance, with submittal
of invoices, in the event that City terminates this Contract for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the NOTICE TO PROCEED, City may terminate the Contract immediately, without providing an opportunity to cure.
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5.2 The Contractor shall achieve Substantial Completion not later than one hundred fifty
(150) calendar days and Final Completion of the entire Work not later than one hundred eighty
(180) calendar days, each commencing with the date set forth in the NOTICE TO PROCEED as
issued by the City, subject to adjustments of this Contract Time as provided in the Contract
Documents.
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6. Payment for Services. 6.1 City agrees to pay Contractor a not-to-exceed fee of of $974,534.13 which includes a 10% contingency in the amount of $88,594.01 based on the tasks and associated fees attached as
Exhibit “B” and incorporated into the Agreement by this reference
6.2 No travel and meal costs will be reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, which costs shall be approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate.
6.3. The Agreement Sum is based upon the cost agreed upon by the parties, for the satisfactory performance of the Work in accordance with the Agreement Documents. 6.4 The value of any construction Work covered by a Change Order or of any claim for an
increase or decrease in the Agreement Sum shall be determined in one of the following ways at
the City's option: (A) Where the Work involved is covered by unit prices contained in the Agreement Documents, by application of unit prices to the quantities of items involved without additional fees.
(B) By mutual acceptance of a lump sum price.
6.5 Contractor may expend funds only for allowable costs resulting from obligations incurred during the specified Agreement period.
6.6 Any balance of unobligated funds which have been advanced or paid must be refunded to the City.
6.7 Any funds paid in excess of the amount to which the Contractor or sub-contractor is
entitled under the terms of the Agreement must be refunded to the City.
6.8 Any additional information as required in Section 215.97, Florida Statutes.
6.9 Any necessary additional work, as determined by City, which is not covered by the approved written proposal, shall not be undertaken without a written amendment to this
Agreement executed by both parties in advance of any work.
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6.10 Contractor shall submit its invoices in the format and with supporting documentation as may be required by City.
7. Billing Procedure. 7.1 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, Director 100 West Dania Beach Boulevard
Dania Beach, Florida 33004
7.2 The City will pay to the Contractor for the faithful performance of the Agreement, in
lawful money of the United States, and subject to adjustments as provided in the Agreement
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.
7.2.1 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.
7.3 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 Agreement 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 Agreement. 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.
7.4 Based upon Applications for Payment submitted to the City by the Contractor and
Certifications of Payment issued by the City, the City shall make progress payments on account
of the Agreement Sum to the Contractor as provided below, elsewhere in the Agreement Documents and in accordance with Part VII of Chapter 218, Florida Statutes, as it may be amended from time to time, entitled the “Local Government Prompt Payment Act.”
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7.5 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:
(A) Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Agreement Documents. The Schedule of Values shall allocate the entire Agreement Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as
the City may require. This Schedule, unless objected to by the City, shall be used as a
basis for reviewing the Contractor's Applications for Payment.
(B) Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.
7.6 Subject to the provisions of the Agreement Documents, the amount of each progress payment
shall be computed as follows: (A) Payment for services performed may be made on a monthly basis upon approval of the Application for Payment by the designated official of the City. The Agreement may include
phases of performance to be negotiated. There will be separate phases for design responsibilities
and for construction responsibilities. Retainage will be withheld on all payments as authorized by state law until City acceptance of the Project and City has received evidence of satisfactory completion of the Agreement. On completion and acceptance of a part of the Work on which the price is stated separately in the Contract Documents, payment may be made in full, including
retained percentages, less authorized deductions. Any interest earned on the retainage shall accrue
to the benefit of the City. (B) Subject to the provisions of the Agreement Documents, the amount of each progress payment shall be computed as follows:
(1) Payment for services performed may be made on a monthly basis upon approval
of the Application for Payment by the designated official of the City. The Agreement may include phases of performance to be negotiated. There will be separate phases for design responsibilities and for construction responsibilities. Retainage will be withheld on all payments as authorized by state law until City acceptance of the Project and City has
received evidence of satisfactory completion of the Agreement.
(2) Five percent (5%) of monies earned by the Contractor shall be retained by City until Substantial Completion and acceptance by City, except for the following items: General Conditions and self-performed work performed on a cost reimbursement basis, if any. Retainage will be released when the project has reached substantial completion as agreed
upon by the City and contractor.
(C) City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of:
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(1) Defective Contractor or Subcontractor Work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor.
(3) Failure of Contractor to make payments properly to subcontractors or for material or labor. (4) Damage to another subcontractor not remedied. (5) Failure of Contractor to provide any and all documents required by the Agreement
Documents.
7.7 Application for Payment after the first Application shall be accompanied by a Certification of Payment form, provided by the City, from the Contractor and each Supplier and Subcontractor, in amounts equal to those stated in the PRIOR Application for the Contractor and
each Subcontractor and each Subcontractor, Material/Labor Supplier so due payment. The
Application for Payment for Retainage shall be accompanied by a final Certification of Payment and Release of Claim form from the Contractor, each Supplier and Subcontractor in amounts equal to those stated in the Schedule of Values.
8. Final Payment. Final payment, constituting the entire unpaid balance of the Agreement
Sum, shall be made by the City to the Contractor when: (A) the Agreement has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work, if any, which obligation survives final
payment and continues thereafter;
(B) a final Certification of Payment has been issued by the City; such final payment shall be made by the City not more than thirty (30) days after the issuance of the Contractor's final Certification of Payment;
(C) final Certification of Payment has been furnished from the Contractor, Suppliers and
Subcontractors; and (D) a Consent of Surety, if any, for final payment.
9. Payment and Performance Bond. The Contractor agrees that before commencing any
work or construction the Contractor shall maintain, at all times, a valid payment and performance bond, consistent with the requirements contained in the ITB, attached as Exhibit B. The executed Bonds shall be attached to this Agreement as Exhibit C.
10. Protection Of Property. The Contractor shall at all times guard against damage or loss to
City property or property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immediately to the City’s representative in charge of the Project. The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount
from any payment due to the Contractor. In all cases, the decision of the City is final.
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11. Florida Trench Safety Act. The Contractor shall include with its Bid, when applicable, all documentation required by the Florida "Trench Safety Act", Section 553.63, Florida Statutes.
The unit prices and total prices presented in the Bid, and those presented in any subsequent change
orders shall include the Contractor's cost for compliance with the applicable trench safety standards. 12. Trash. Contractor shall be responsible for the daily removal of trash and debris from the
Project work sites and upon completion of the Project Work.
13. Public Bid Disclosure Act. In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or
during the work, items or services to be provided or the percentage method or unit method of all
licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement are as follows: (A) Contractor shall have and maintain during the term of the agreement any and all
appropriate City licenses, fees (and business tax receipts, if applicable), which shall be
paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE).
(B) During the performance of the agreement, there may be times when the Contractor will
be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the appropriate permits as may become necessary during the performance of the work. Any fees related to the required permits in connection with the agreement will be the sole responsibility of
the Contractor. (C) Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal government.
(D) City will reimburse permit fee costs related to dewatering and National Pollutant
Discharge Elimination System (NPDES). 14. 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. Contractor, by submitting a bid, certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health
Act (OSHA).
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15. 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 Agreement 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.
16. Construction Quality. Contractor agrees to perform all work (“Work”) required to
complete the construction of the Improvements on the Property in a good and workmanlike manner. 16.1 Standards of Construction. Any and all construction of Improvements shall be performed
in such a manner as to provide that the Improvements shall: (i) Substantially comply with the
Permitted Plans; (ii) Comply with the terms and provisions of this Agreement; and (iii) Comply with all applicable laws, ordinances, rules, regulations and procedures of all applicable Governmental Authorities.
16.2 Comply with Applicable Law. All Improvements constructed or installed by the
Contractor, its agents, or contractors, shall conform to all applicable state, federal, county, and local statutes, ordinances, building codes, fire codes, and rules and regulations, as amended.
16.3 Contractor’s Obligations During Construction. Prior to the Completion Date,
Contractor shall: (A) Provide scaffolding, hoists, temporary structures, light, heat, power, toilets, temporary utility connections, equipment, tools and materials and other requirements for the performance of the Work;
(B) Maintain the Property in a clean and orderly condition, at all times, taking into
consideration the public beachfront nature of the Project, and remove all paper, cartons and other debris from the Property; (C) Preserve all properties adjacent to or leading to the Property, and restore and repair any such properties damaged as a result of construction of the Work, whether such
properties are publicly or privately owned;
(D) Implement and maintain at all times a comprehensive hurricane and flood plan for the Property and the Work, and provide a copy of same to the City, if requested; (E) Provide construction fencing. (F) As Builts. Within one hundred twenty (120) days after the date a CO is issued for
Improvements constructed by Contractor during the term of this Agreement, the
Contractor shall at its expense, provide the City with a complete set of "as built" plans and specifications, including mylar reproducible "record" drawings, and, if available, one set of machine readable disks (or comparable) containing electronic data in an
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AUTOCAD format that meets the City's graphic standards of the "as-constructed" or "record" plans for such Improvements. The "as built" plans submitted by Contractor
must show the square footage of each Improvement depicted in such plans.
(G) Use diligent effort to complete the Work in a commercially reasonable time under the circumstances and in accordance with this Agreement. At all times make diligent effort to have proper supervision of the general contractor or other employees or agents of the Contractor upon the Property site.
(i) Employees Of The Contractor. Contractors shall only designate
employees who are sufficiently skilled to provide the required services specified in the ITB. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly,
insubordinate, or incompetent shall upon the order of City's representative,
be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to
terminate the agreement and re-let the work. The Contractor shall furnish
all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. 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.
(H) Contractor Progress Reports. At the request of City, Contractor will deliver written reports of the progress of construction to the City Manager or his or her designee. (I) City’s Representative. The City may designate one or more employees or agents to
be the City’s Representative for the Project so that he or she may, subject to site
conditions and during normal business hours, visit and the Property. (J) Certificates of Final Completion. After Contractor completes the Work, the City will deliver to Contractor, a recordable Certificate of Final Completion certifying that, to the best of the City’s knowledge, Contractor has satisfied all its obligations
to the City for the construction of the specified Improvements.
16.4 Site Conditions Contractor has the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without
limitation, with respect to the following: those affecting transportation, access, staging, parking,
disposal, handling and storage of materials; availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions, location of underground utilities as depicted on Agreement documents, and through verification with local utility companies and the City, physical conditions of existing construction, topography and ground
surface conditions; subsurface geology, and nature and quantity of surface and subsurface
materials to be encountered; the nature of the ground water conditions; equipment and facilities needed preliminary to and during performance of the Agreement; and all other matters which would be reasonably known to a licensed general contractor with expertise in streetscape and
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related infrastructure construction as in any way affecting performance of the Agreement, or the cost associated with such performance. The failure of Contractor to acquaint itself with any
applicable condition will not relieve it from the responsibility for properly estimating either the
difficulties or the costs of successfully and timely performing the Agreement.
16.5 The City shall not be responsible for any conclusions or interpretations made by the Contractor based on the information made available by the City. The City shall not be responsible
for any understanding reached or representation made concerning conditions which can affect the
Work by any of Contractor's officers, employees, agents, subcontractors, material men, or suppliers before execution of this Agreement, unless that understanding, or representation is expressly stated in this Agreement.
16.6 The provisions of this Section 16 shall be deemed a complete waiver by the Contractor of
claims for equitable adjustment in Agreement Time or Price, or both, unless due to (1) subsurface or concealed conditions which differ materially from those indicated on the Agreement Documents, or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction of the
character provided in the Agreement Documents; provided however, that claims under this
Section 16 shall be denied in the event that the conditions were reasonably inferable from activities, testing and investigations performed in connection with the Pre-Con Agreement, and which would otherwise provide to Contractor an expectation that the conditions could be similar elsewhere in the Project.
16.7 Warranty. Unless otherwise provided elsewhere in the Agreement, all materials and
equipment incorporated into any Work covered by the Agreement shall be new and, where not specified, of the highest grade and quality for their intended use, and all workmanship shall be in accordance with construction practices acceptable to City. Unless otherwise provided in the Agreement, Contractor warrants all equipment, materials, and labor furnished or performed under
this Agreement, against defects in design, materials and workmanship, for a period of twelve (12)
months (unless longer guarantees or warranties are provided for elsewhere in the Agreement in which case the longer periods of time shall prevail) from and after Substantial Completion of the Work under the Agreement, regardless of whether the same were furnished or performed by Contractor or by any of its subcontractors of any tier. Even in the event that the City assumes
partial utilization of portions of the Work prior to completion of all Work, the Warranties for that
portion shall also extend for twelve (12) months from Substantial Completion of the entire Work, so that all warranties are running concurrently upon Substantial Completion of the total Project.
16.8 Upon receipt of written notice from City of any defect in any such equipment, materials, or labor during the applicable warranty period due to defective design, materials or workmanship,
the affected item or parts thereof shall be redesigned, repaired or replaced by Contractor at a time
and in a manner acceptable to City in compliance with the Agreement Documents, at its expense.
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16.9 Contractor warrants such redesigned, repaired or replaced Work against defective design, materials and workmanship for a period of twelve (12) months from and after the date of
acceptance thereof. Should Contractor fail to promptly make the necessary redesign, repair,
replacement and tests, after written notice from City specifying the defects, City may perform or cause to be performed the same, at Contractor's sole cost and expense.
16.10 Contractor shall perform such tests as City may require verifying that such redesign, repairs and replacements comply with the requirements of this Agreement. All costs incidental to
such redesign, repair, replacement, and testing, including the removal, replacement, and
reinstallation of equipment and materials necessary to gain access, shall be borne exclusively by Contractor. However, if such testing determines that the Work is not defective, than City shall compensate Contractor for such costs of testing and any effects on previously completed work.
16.11 Contractor and its Surety shall be liable for the satisfaction and full performance of the
warranties as set forth herein, and any damage to other parts of the Work caused by the Contractor's
failure to perform pursuant to this section 16.
16.12 The Contractor shall commence Work to remedy or replace the defective, deficient Work within five (5) calendar days after receiving written (including transmittals by email) notice from the City, subject to allowance for long-lead items. If the Contractor fails to remedy or remove or
replace that Work or material which has been found to be defective, or reasonably commence
corrective action, then the City may remedy or replace the defective or deficient Work at the Contractor's expense; provided, however, all repairs to natural gas, telephone, radio, computer security, water, electric, air conditioning services and all emergency services shall be commenced within twelve (12) hours of notification, or by 7:00 a.m. whichever is earlier, and Contractor shall
complete the repairs in an expeditious manner befitting the nature of the deficiency. The
Contractor shall immediately pay the expenses incurred by the City for remedying the defects. If the City is not paid within ten (10) calendar days, the City may pursue any and all legal remedies it may have against the Contractor and its Surety.
16.13 The Contractor is required to provide a designated telephone number for warranty related
emergencies which occur outside the normal workday. The Contractor is solely responsible for
ensuring that all warranty Work is completed in the manner described above. If the City agrees, in writing, a subcontractor may be the point of contact for notices regarding warranty items, but such agreement shall not absolve the Contractor of its responsibility.
16.14 Ingress/Egress. Contractor's access to the Work area will be permitted only through
approaches that will be designated by City, and then only in such manner that Contractor's traffic
will not interfere with City's operations and Merchants/Tenants adjacent to the activity area(s). Contractor shall, at all times, maintain reasonably free unimpeded ingress and egress at the site. Contractor personnel are not to enter into any areas of the jobsite other than Work areas and areas of designated access. Contractor shall safely maintain, at all times during the performance of the
Work, both vehicular and pedestrian traffic in, around, and adjacent to the Project.
16.15 Preconstruction Conference. As soon as possible after execution of this Agreement, and prior to commencing any Work, a pre-construction conference will be coordinated by the Contractor and the City. In attendance at said conference will be City, Architect, and any of their representatives as may be deemed advisable. The purpose of said conference is to determine
procedures related to the smooth progress of the Project, review of any items requiring
clarification, maintenance of traffic, merchant and pedestrian accessibility, related safety issues,
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and procedures for the processing and distribution of all documents and correspondence related to the Agreement, among other things.
16.16 Meetings. The Contractor shall, at its expense, as requested by City, attend any and all
meetings called by City to discuss the Work under the Agreement. Such meetings shall be conducted and recorded by the City with typed minutes of each meeting distributed to all attendees.
16.17 Delivery, Unloading And Storage Contractor shall, at its expense, receive, unload, store
in a secure place, and deliver from storage to the construction site all materials, plant and
equipment required for the performance of the Agreement. The storage facilities, methods of storing and security provisions shall meet City's approval and manufacturer's recommendations. Materials and equipment subject to degradation by outside exposure shall be stored in a weather tight enclosure.
16.18 Work Area. All Contractor's Work areas on the jobsite will be assigned by City. Contractor shall confine its office, shops, storage, assembly and equipment and vehicle parking to the areas so assigned. Before commencing Work, the Contractor shall provide a temporary office on the site of the Work, which shall have a telephone where a representative of the Contractor
may be reached at all times during normal working hours. Should Contractor find it necessary or
advantageous to use any additional land outside the Project site for any purpose whatever, Contractor shall, provide and make its own arrangements for the use of such additional land. 16.19 Plant, Equipment And Facilities. Contractor shall provide and use on any Work only such construction plant and equipment as are capable of producing the quality and quantity of work and materials required by the Agreement and within the time or times specified in the Agreement. Before proceeding with any Agreement Work or with erection of any facilities,
including, but not limited to, temporary structures, machinery, equipment, offices and warehouses, Contractor shall furnish City such information and drawings relative to such equipment, plant facilities as City may request.
16.20 Upon written order of City, Contractor shall discontinue operation of unsatisfactory plant and equipment or facilities and shall either modify or remove the unsatisfactory items from the
site. 16.21 Contractor shall not remove construction plant or equipment from the site before the Work is finally accepted without City's written approval. Such approval shall not be unreasonably withheld.
16.22 Contractor-Furnished Materials, Equipment And Workmanship. Only new, unused items of recent manufacture, of designated quality, but in no event less than the standard quality for the improvements, free from defects, will be accepted. Rejected items shall be removed immediately from the Work and replaced with items of specified quality. Failure by City to order removal of
rejected materials and equipment shall not relieve Contractor from responsibility for quality of the materials supplied nor from any other obligation under the Agreement Documents.
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16.23 Contractor shall continuously check architectural and structural clearances for accessibility of equipment and mechanical and electrical systems. No allowance of any kind will
be made for Contractor's negligence to foresee means of installing equipment into position inside
structures. 16.24 No Work defective in construction or quality, or deficient in meeting any requirement of the Agreement Drawings and Specifications, will be acceptable regardless of City's failure to
discover or to point out defects or deficiencies during construction; nor will the presence of field
representatives at the Work or the satisfaction of the Work meeting applicable code requirements relieve Contractor from responsibility for the quality and securing progress of Work as required by the Agreement Documents. The City shall notify the Contractor of defective or unacceptable Work if the City discovers such. Defective Work revealed within the time required by warranties
(whether expressed or implied) shall be remedied in accordance with Section 15, entitled,
“Warranty.” No payment, whether partial or final, shall be construed as an acceptance of defective Work or improper materials.
16.25 Contractor shall waive "common practice" and "common usage" as construction criteria wherever details and specifications or governing codes and ordinances require greater quantity or better quality than common practices and common usage would require. Contractor shall order and schedule delivery of materials in reasonable time to avoid delays in construction. Delays in
delivery of equipment or material purchased by the Contractor or its Trade Contractors shall not be considered as a cause for an adjustment of the Agreement Time or a basis for damages or compensation. The Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all equipment and materials. If an item is found to be unavailable, Contractor shall notify City immediately of recommended substitute(s) to permit
City's selection of a suitable substitute.
16.26 City will exercise sole authority for determining conformance of workmanship,
materials, equipment and systems with the requirements of the Agreement. Review and approval of all items proposed by Contractor for incorporation into the Work will be by City. This function by City will apply both to approvals for the Agreement as initially signed, and to approvals for changes to Agreement by modifications during progress of the Work. Reference to manufacturers' names, brands and models is to establish the type and quality desired.
Substitutions may be permitted unless specifically noted otherwise in this Agreement.
16.27 When materials, equipment, or systems are specified by performance only, without
reference to specific manufacturer's brands or models, Contractor shall submit its own choice for City's review and approval, supported by sufficient evidence of conformity with the Agreement Documents.
Substitutions. Prior to proposing any substitute item, Contractor shall satisfy itself that
the item proposed is, in fact, equal or better to that specified, that such item will fit into the space allocated, that such item affords comparable ease of operation, maintenance and service, that the appearance, longevity and suitability for the climate are comparable, and that by reason of cost savings, reduced construction time, or similar
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demonstrable benefit, the substitution of such item will be in City's interest, and will in no way impact detrimentally upon the Project completion date and schedule. The
burden of proof of equality of a proposed substitution for a specified item shall be upon
Contractor prior to City's decision on such substitution. Contractor shall support its request with sufficient test data and other means to permit City to make a fair and equitable decision on the merits of the proposal. Contractor shall submit drawings, samples, data, certificates, and additional information as may be required by the City for
proposed substitute items.
16.28 Any item by a manufacturer other than those specified or of brand name or model number
or of generic species other than those specified will be considered a substitution. City will be the sole judge of whether or not the substitution is equal in quality, utility and economy to that specified. Contractor shall allow an additional seven (7) calendar days for City's review of substitution. All requests for substitutions with submittal data must be made at least fourteen (14) calendar days prior to the time Contractor must order, purchase, or release for manufacture
or fabrication. Materials and methods proposed as substitutions for specified items shall be supported by certification of their approval for use by all governmental agencies having jurisdiction over use of specific material or method. Substitutions may not be permitted in those instances where the products are designed to match artistic design, specific function or economy of maintenance.
16.30 Expediting The equipment and material furnished under this Agreement may be subject to expediting by City, at City's expense. City shall be allowed reasonable access to the shops, factories, and other places of business of the Contractor and its subcontractors and suppliers, for expediting purposes. As required by City, Contractor shall supply schedules
and progress reports for City's use in expediting and Contractor shall cooperate with City and require its subcontractors and suppliers to cooperate with City in such expediting. Any expediting performed by City shall not relieve Contractor of its sole and primary responsibility for timeliness of delivery of the equipment and material to be furnished under this Agreement.
16.31 Field Layout Of Work All Work under this Agreement shall be constructed in accordance with the lines and grades shown on the Agreement Drawings or as approved by the City in writing. Elevation of existing ground, structures and appurtenances are believed to be reasonably correct but are not guaranteed to be absolute and therefore are presented only as an approximation. All
survey work for construction control purposes shall be made by a land surveyor registered in the State of Florida, with demonstrated experience in the Project area, and who shall be employed by the Contractor at Contractor's expense. The Contractor shall establish all base lines for the location of the principal component parts of the Work together with permanent benchmarks and temporary benchmarks adjacent to the Work. Based upon the information provided by the Agreement
Drawings, the Contractor's surveyor shall develop and make all detail surveys necessary for construction including establishment or construction of grid coordinates as shown on the Agreement Drawings, location of property boundaries, stakes for all working points, lines and elevations. City shall provide surveys necessary for utility easements.
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The Contractor shall have the responsibility to carefully preserve all benchmarks, reference points and stakes. In case of destruction thereof by the Contractor resulting from his negligence,
or for any other reason, it shall be held liable for any expense and damage resulting therefrom
and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such benchmarks, reference points and stakes. Existing or new control points, property markers, and monuments that will be established or are destroyed during the normal course of construction shall be reestablished by the Contractor, and all reference ties recorded
therefor shall be furnished to the City. All computations necessary to establish the exact position
of the Work shall be made and preserved by the Contractor.
16.32.1 Contractor Furnished Drawings, Data And Samples. Review and permission to proceed by City as stated in this Agreement does not constitute acceptance or approval of design details, calculations, analyses, test methods, certificates or materials developed or selected by the Contractor and does not relieve Contractor from full compliance with contractual obligations. Drawings, samples, catalogues, data and certificates required shall be submitted to
the City for review. All correspondence from the Contractor to the City shall be numbered sequentially and the submittal number shall be referenced. Submittal drawings (shop, erection or setting diagrams) and schedules, required for work of various trades, shall be checked before submission by technically qualified employees of Contractor for accuracy, completeness and compliance with Agreement requirements. These drawings and schedules shall be stamped and
signed by Contractor certifying to such check. The certification stamp shall read as follows:
"I certify that I have checked this submittal for accuracy, completeness and compliance with Agreement requirements, and it has been coordinated with all other submittals and Agreement Documents."
SIGN DATE
16.33 Drawings. Where drawings are required for (a) fabrication of Contractor furnished equipment; (b) installing Contractor furnished material or equipment; or (c) planning and
performance of the Work under Agreement; such drawings shall be originally generated and
submitted by and at the expense of the Contractor before fabrication, installation or performance is commenced. Each submittal shall be made not less than fourteen (14) calendar days prior to the time that the drawings are required in accordance with the schedule. Allow at least seven (7) calendar days for review by the Engineer. Such drawings shall include, but not be limited to,
matchmarks, erection diagrams and other details, such as field connections for proper installation,
erection of the equipment, and performance of the Work.
16.34 Samples. Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Samples of all items of
related systems (i.e., adjacent surfaces requiring similar colors but manufactured of different materials) must be submitted in the same time frame before the approval process can begin. Where samples are required, they shall be submitted by and at the expense of the Contractor. Such
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submittal shall be made not less than thirty five (35) calendar days prior to the time that the materials represented by such samples need to be ordered for incorporation into any Work in
accordance with the schedule. Allow at least seven (7) calendar days for City's review. Materials
represented by such samples shall not be manufactured, delivered to the site or incorporated into any Work without such review. Each sample shall bear a label showing the Contractor's name, date submitted, Project name, name of the item, manufacturer's name, brand name, model number, supplier's name, and reference to the appropriate drawing, Technical Specification section and
paragraph number, all as applicable. Samples that have been reviewed may, at Architect's and
City's option, be returned to the Contractor for incorporation into the Work.
16.35 Catalogues, Data and Certificates. Where catalogues, data or certificates are required, one (1) digital copy and one (1) copy of each shall be submitted by and at the expense of the Contractor. Such submittal shall be made not less than fourteen (14) calendar days prior to the time that the materials represented by such catalogues, data or certificates must be ordered for incorporation into any Work in accordance with the BAR CHART schedule. Allow at least 7
calendar days for Architect and City's review. Material represented by such shall not be fabricated, delivered to the site or incorporated into any Work without such review. Certificates shall clearly identify the material being certified and shall include but not be limited to providing the following information: Contractor's name, Project name, name of the item, manufacturer's name, and reference to the appropriate drawing, Technical Specification section and paragraph number all
as applicable. All catalogues, data and certificates submitted by the Contractor shall be certified and dated by the Contractor on the face of each catalogue, data and certificate to be correct and shall be furnished in accordance with these requirements and the requirements of the Technical Specifications. 16.36 Construction Schedule. Within ten (10) calendar days after the date of the City's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the City a BAR CHART construction schedule in graphically depicting the activities contemplated to occur as a necessary
incident to performance of the Work required to complete the Project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The City's initial approval for the purposes of this Section, and any other provisions in the Agreement Documents related to the Contractor's responsibility to prepare and submit schedules shall be limited to a determination
that the activities, durations and logic are reasonable. The construction schedule shall be complete in all respects, covering, in addition to activities and interfaces with other Contractors at the site of the Work, offsite activities such as design, fabrication, an allowance for weather delays, submittals, procurement and jobsite delivery of Contractor furnished material and equipment. The schedule shall be a BAR CHART Critical Path type network drawn to a time scale using arrow
or precedence type diagramming. The construction schedule activities shall mirror the payment application breakdown.
16.36.1 The construction schedule shall include the following:
(a) Brief description of each activity. (b) All submittals, samples, approvals, fabrication, and deliveries for equipment and materials.
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(c) Activities showing scheduled start and finish, late start and finish, and float.
(d) Relations between activities.
(e) Duration of activities. No activity should be scheduled for more than 19 workdays.
(f) Contractual and other major milestones including phasing. (g) Schedule activities to include labor and material. (h) An allowance for delays due to weather. Agreement Time extensions for weather delays
will be granted only when all of the conditions and criteria for evaluation of time
extensions have been met pursuant to the General Conditions. (i) Upon acceptance of the original Schedule, the Early Start and Early Finish dates for all activities shall be fixed as Planned Start and Planned Finish dates. Any further revisions to the schedule must be submitted in writing and approved by the City.
(j) The detailed BAR CHART schedule submittal shall include one (1) digital color copy and
one (1) color copy of the following: (k) Time Scaled Network Diagram. (l) Bar Chart in the following formats: (m) Sorted by activity.
(n) Sorted by total float.
(o) Sorted by early start. (p) Precedence and Successor report. (q) Narrative report. (r) Computer diskette. (One copy)
(s) Submittals shall be organized under Standard CSI format.
(t) The detailed BAR CHART Schedule shall be updated monthly and submitted along with an updated CD accompanied by an Application for Payment. Contractor shall meet with the City and Architect/Engineer of Record to review and verify: i. Actual start and finish dates for completed activities.
ii. Remaining duration required to complete each activity started, scheduled
to start, but not completed. iii. Logic and time, for change orders that are to be incorporated into the diagram and computer produced schedules. iv. Percentage for completed and partially completed activities.
16.37 Following development and submittal of the construction schedule as aforesaid, the Contractor shall, at the end of each calendar month occurring thereafter during the period of time
required to finally complete the Project, or at such earlier intervals as circumstances may require,
update and/or revise the construction schedule to show the actual progress of the Work performed and the occurrence of all events which have affected the progress of performance of the Work already performed or will affect the progress of the performance of the Work yet to be performed in contrast with the planned progress of performance of such Work, as depicted on
the original construction schedule and all updates and/or revisions thereto as reflected in the
updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision.
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16.38 The Contractor shall prepare and incorporate into the schedule data base, at the required intervals, the following schedules:
A. Subcontractor Construction (Sub-networks) - Upon the award of each subcontract, the Contractor shall jointly with the subcontractor, develop a schedule which is more detailed than the pre-bid schedule included in the Specifications, taking into account the Work schedule of the other subcontractors. The construction schedule shall include as many
activities as necessary to make the schedule an effective tool for construction planning and for
monitoring the performance of the subcontractor. The construction schedule shall also show pertinent activities for material purchase orders, manpower supply, shop drawing schedules and material delivery schedules.
B. Occupancy Schedule - The Contractor shall jointly develop with the Engineer and City a detailed plan, inclusive of punch lists, final inspections, maintenance training and turn-over procedures, to be used for ensuring accomplishment of a smooth and phased transition from
construction to City occupancy. The Occupancy Schedule shall be produced and updated monthly from its inception through final City occupancy.
16.39 The Contractor shall submit a written narrative report as a part of his monthly review and update in a form agreed upon by the Contractor and the City. The narrative report shall include a description of problem areas; current and anticipated delaying factors and their estimated impact on performance of other activities and completion dates; and an explanation of corrective action taken or proposed.
16.40 The Contractor shall have in its employ for the length of this Project, at least one qualified scheduling specialist whose responsibility as to this Agreement will be to prepare, plan and draft
the construction schedules, monitor the construction progress, analyze scheduling problems for resolution, update the Construction Schedule as required in the Agreement, and maintain updated information as required regarding the interface with other contracts. The costs associated herewith, and all scheduling activities, are included in the Lump Sum.
16.41 The Contractor agrees that whenever it becomes apparent from the current progress review meeting or the computer produced calendar dated schedule that the Agreement completion date will not be met, the Contractor shall execute some or all of the following remedial actions at Contractor's sole cost and expense:
A. Increase construction manpower in such quantities and crafts as necessary to
eliminate the backlog of Work.
B. Increase the number of working hours per shift, shifts per working day, working
days per week, the amount of construction equipment, or any combination of the
foregoing to eliminate the backlog of Work.
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C. Reschedule the Work in conformance with the specification requirements.
16.42 Prior to proceeding with any of the above actions, the Contractor shall notify the City of the proposed schedule changes. Such actions shall be incorporated by the Contractor into the diagram before the next update, at no additional cost.
16.43 Responsibility For Work Security Contractor shall, at its expense, at all times conduct all operations under the Agreement in a manner to avoid the risk of loss, theft or damage by vandalism, sabotage or other means to any property. Contractor shall promptly take all reasonable precautions which are necessary and adequate against any conditions which involve a risk of loss,
theft or damage to its property, at a minimum. Contractor shall continuously inspect all its Work, materials, equipment and facilities to discover and determine any such conditions and shall be solely responsible for discovery, determination and correction of any such condition. Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to City within three days of each incident.
16.44 Protection Of Work In Progress, Materials And Equipment Contractor shall be responsible for and shall bear any and all risk of loss or damage to Work in progress, all materials delivered to the site, and all materials and equipment involved in the Work until completion and
final acceptance of Work under this Agreement. Excluded from Contractor's responsibility is any loss or damage which results from acts or omissions of the City or its representatives or other contractors. Permanent openings or thoroughfares for the introduction of work and materials to the structure and construction site shall be protected so that upon completion, the entire Work will be delivered to the City in proper, whole and unblemished condition.
16.45 Protection Of Existing Property Contractor shall so conduct its operations as not to damage, close, or obstruct any utility installation, highway, road or other property until permits therefore have been obtained. If facilities are closed, obstructed, damaged or rendered unsafe by Contractor's operations, Contractor shall, at its expense, make such repairs and provide temporary guards, lights and other signals as necessary or required for safety and the welfare of persons on
the jobsite and the general public.
16.46 Contractor shall conduct its operation so as not to damage any existing buildings or structures. The Contractor shall verify that means and methods of construction used inside, adjacent to, under or over existing buildings will not cause damage. The Contractor shall provide protection methods which ensure the safety of persons on the jobsite and the general public.
Unless otherwise specifically provided in the Agreement, Contractor shall not do any Work that would disrupt or otherwise interfere with the operation of any pipeline, telephone, electric, radio, gas, transmission line, ditch or other structure, nor enter upon lands in their natural state until approved by City. Thereafter, and before it begins such Work, Contractor shall give due notice to City of its intention to start such Work. Contractor shall not be entitled to any extension of
time or any extra compensation on account of any postponement, interference, or delay cause by any such line, ditch or structure on or adjacent to the site of the Work. If Contractor has exercised due diligence, such as, but not limited to, conducting soft digs, securing utility locates, as well as other activities both during its Pre-Con performance and thereafter, Contractor shall not be held
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responsible for any damages caused to any lines, cables, pipes, or pipelines which are not depicted on the surveys, studies, reports, investigations and legal descriptions of the site supplied
to the Contractor.
Contractor shall preserve and protect all cultivated and planted areas and vegetation such as
trees, plants, shrubs and grass on or adjacent to the Project, which, as determined by City, do not
reasonably interfere with the performance of this Agreement. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation, including, without limitation, damage arising from the performance of its work through operation of equipment or stockpiling of materials. All cost in connection with any repairs or
restoration necessary or required by reason of any such damage or unauthorized cutting shall be borne by Contractor.
16.47 Labor. Contractor shall employ only competent and skilled personnel to perform the Work. Contractor shall, if requested to do so by City, remove from the jobsite any personnel of Contractor whom City determines unfit or acting or working in violation of any provision of this Agreement.
Work assignments and the settlement of jurisdictional disputes shall conform with either the Rules, Regulations and Procedures of the Plan for Settlement of Jurisdictional Disputes in the Construction Industry, and any successor agreement thereto, or any other mutually established method of determining work assignments and settling jurisdictional disputes. Contractor shall comply with and shall cooperate with City in enforcing jobsite conditions and job work rules
which directly affect the performance of the Work including, but not limited to, starting and quitting time, smoking regulations, check-in and check- out procedures, job site safety regulations and security regulations, emergency plans and procedures, and daily clean-up.
The Contractor and subcontractors shall be bound by and comply with all Federal, State and local laws with regard to minimum wages, overtime work, hiring, and discrimination. All work
necessary to be performed after regular working hours, on Saturdays, legal and City holidays, shall be performed without additional expense to the City. The Contractor shall comply with the Copeland Anti-Kick Back Act (19 U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR Part 3). This act provides that each Contractor or subcontractor shall be prohibited from inducing by any means, any person employed in the construction, completion or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
16.48 Equal Employment Opportunity During the performance of this Agreement, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
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layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
City setting forth provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed for, by, or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, or
national origin.
(c) The Contractor will send to each labor union or representatives of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
(f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(g) The Contractor will include the provisions of paragraphs A through F in every subcontract or purchase unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as may be directed to the Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.
(h) All regulations, guidelines, and standards lawfully adopted under the governing statutes.
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16.49 Safety & Protection Of Persons & Property
16.49.1 Responsibility For Safety And Health. The Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the Work to
be performed under the terms of the Agreement ("Work"). The Contractor shall take all precautions and follow all procedures for the safety of, and shall provide all protection to prevent injury to, all persons involved in any way in the Work and all other persons, including, without limitation, the employees, agents, guests, visitors, invitees and licensees of the City and Users
who may be affected thereby. The Contractor shall set forth in writing its safety precautions
and programs in connection with the Work and submit the same to the City. The City may, but shall not be obligated to, make suggestions and recommendations to the Contractor with respect thereto.
16.49.2 All Work, whether performed by the Contractor, its Sub- Contractors or Sub-subcontractors, or anyone directly or indirectly employed by any of them, and all equipment, appliance, machinery, materials, tools and like items incorporated or used in the Work, shall be
in compliance with, and conform to:
(a) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-
public or other authority relating to the safety of persons and their protection against injury, specifically including, but in no event limited to, the Federal Occupational Safety and Health Act of 1970, as amended and all State, Local, City and County rules and regulations now or hereafter in effect; and
(b) all codes, rules, regulations and requirements of the City and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern. 16.49.3 Should the Contractor fail to provide a safe area for the performance of the Work or
any portion thereof, the City shall have the right, but not the obligation, to suspend Work in the
unsafe area. All costs of any nature resulting from the suspension, by whomsoever incurred, shall be borne by the Contractor.
16.49.4 The Contractor shall provide, or cause to be provided, to each worker on the Job Site the proper safety equipment for the duties being performed by that worker and will not permit any worker on the Job Site who fails or refuses to use the same. The City shall have the right, but not the obligation, to order the Contractor to send a worker home for the day or to discharge
a worker for his or her failure to comply with safe practices, with which order the Contractor shall promptly comply. 16.49.5 The Contractor shall defend, indemnify and hold the City, the City's Representative and
their respective officers, directors, agents, employees and assigns, harmless from and against any
and all liability, public or private, penalties, contractual or otherwise, losses, damages, costs, reasonable attorneys' fees, expenses, causes of action, claims or judgments to the extent resulting from any failure of the Contractor, its subcontractors or sub-subcontractors or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, to comply with
the provisions of this General Condition
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16.49.6 In any and all claims against those indemnified hereunder by any employee of the
Contractor, any subcontractor or sub-subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph shall not be limited in any way to any limit(s) on the amount or type of damage, compensation or benefits payable by or for the Contractor or any subcontractor or sub-subcontractor under any workers' compensation acts, disability benefit acts or other employee
benefit acts.
16.50 Protection Of Work And Property; Responsibility For Loss. The Contractor shall,
throughout the performance of the Agreement, maintain adequate and continuous protection of all completed Work and temporary facilities against loss or damage from whatever cause, shall protect the property of the City and third parties from loss or damage from whatever cause arising out of the performance of the Agreement and shall comply with the requirements of the City and
its insurance carriers and with all applicable laws, codes, rules and regulations with respect to the
prevention of loss or damage to the property. The City, their representatives or insurance carriers may, but shall not be required to, make periodic patrols of the Job Site as a part of its normal safety, loss control and security programs. In such event, however, the Contractor shall not be relieved of its aforesaid responsibilities and the City shall not assume, nor shall it be deemed to
have assumed, any responsibility otherwise imposed upon the Contractor by this Agreement.
Until final acceptance of the Work by the City the Contractor shall have full and complete charge and care of and, except as otherwise provided in this subparagraph or elsewhere in this Agreement, shall bear all risk of loss of, and injury or damage to, the Work or any portion thereof from any cause within Contractor’s reasonable control, except to the extent caused by City, its
representatives, or contractors, or caused by natural disaster, criminal activity, flood, fire, or that
is covered by any property or builder’s risk insurance carried by the City.
16.51 Surface And Subsurface Water. Surface or subsurface water or other fluid shall not be permitted to accumulate in excavations or under or in the structures. Should such conditions
develop or be encountered, the water or other fluid shall be controlled and suitably disposed of
by means of temporary pumps, piping, drainage lines and ditches, dams or other methods approved by the City in writing. The proposed location and coordination of temporary channels and conduits conducting accumulated water from the Job Site shall be permitted by the proper regulatory agency and submitted to the City for its prior written approval. All such Work shall
be done at the sole expense of the Contractor.
16.52 Emergencies. In any emergency affecting the safety of persons or property, or in the event
of a claimed violation of any federal or state safety or health law or regulation, arising out of or in any way connected with the Work or its performance, the Contractor shall act immediately to prevent threatened damage, injury or loss to remedy said violation, whichever is applicable. Failure by Contractor to take necessary emergency action shall entitle the City to take whatever
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action it deems reasonably necessary, including, but not limited to, suspending the Work. The City may offset any and all costs or expenses of whatever nature, including reasonable attorneys'
fees, paid or incurred by the City in taking such emergency action against any sums then or
thereafter due to the Contractor. The Contractor shall defend, indemnify and hold the City harmless against any and all costs or expenses pursuant to this Section, by whomsoever incurred. 16.53 City's Standards. The City reserves the right, but assumes no duty, to establish and enforce
standards, and to change the same from time to time, for the protection of persons and property,
with which the Contractor shall comply, and to review the efficacy of all protective measures taken by the Contractor. The exercise of or failure to exercise any or all of these rights by the City shall not relieve the Contractor of its duties and responsibilities under this Agreement, and the City shall not thereby assume, nor be deemed to have assumed, any such duties or responsibilities
of the Contractor.
16.54 Project Site Protection Contractor, at its expense, shall maintain such protection as
provided in the subsection 16.49, entitled “Safety & Protection Of Persons & Property” in a satisfactory condition until removal is authorized by City. Contractor, at its expense, shall make all necessary repairs to property damaged by construction operations. Repairs shall be made in a manner satisfactory to City. The Contractor will provide parking for its employees within the
designated work areas. Contractor employees will not be allowed to park in areas which are used
by any facilities which remain in operation.
16.55 Fire Prevention Contractor shall, at its expense, conform to all Federal, State, and local laws and regulations pertaining to burning, fire prevention and control within or adjacent to the Project. Necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. This includes keeping the Agreement Work area clear of all trash at all times. All
tarpaulins used for any purpose during construction of any Work shall be made of material resistant to fire, water and weather and shall bear UL labels. Lighting any fires on premises is strictly forbidden. Controlled burning shall be with the consent of the City. Contractor shall provide portable fire extinguishers properly labeled, located and compatible with the hazard of each work area and shall instruct its personnel in their use. Wherever welding and burning are
conducted, inflammable materials shall be protected, and a fire watch shall be provided by Contractor to be present during the burning and welding operation to ensure that protective measures are taken and that no fires result from such operation. The fire watch shall have fire extinguisher equipment readily available and know-how for proper use.
16.56 Illumination. When any work is performed at night or where daylight is shut off or obscured, Contractor shall, at its expense, provide artificial light sufficient to permit work to be
carried on efficiently, satisfactorily and safely, and to permit thorough inspection. During such
time periods access to the place of work shall also be clearly illuminated. All wiring for electric light and power shall be installed and maintained in a first-class manner, securely fastened in place at all points, and shall be kept as far as possible from telephone wires, signal wires, and wires used for firing blasts.
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16.57 Dust Control. The Contractor, for the duration of the Agreement, shall, at its expense, maintain all excavations embankments, haul roads, access roads, plant sites, waste disposal areas,
borrow areas, and all other work areas free from dust. Industry-accepted methods of dust control
suitable for the area involved and approved by City will be permitted.
16.58 Water Pollution. Contractor shall, at its expense, provide suitable facilities to prevent the introduction of any substance or materials into any stream, river, lake or other body of water which may pollute the water or constitute substances or materials deleterious to fish and wildlife.
Air Pollution. The Contractor shall, at its expense, so perform its work as not to discharge into the atmosphere from any source whatever smoke, dust, or other air contaminants in violation of the laws, rules and regulations of all Federal, State and local air and water pollution requirements including, but not limited to: Registering with the Dania Beach County Health Department, Air
Pollution Board, any equipment requiring operating permits by said Board; Adhering to all Broward County Air Pollution Board Regulations.
16.58 Explosives & Hazardous Materials. Contractor shall obtain all required Federal, State and local permits and licenses and shall be responsible for the safe and proper handling, labeling, transporting, storage and use of any explosive or hazardous materials brought onto or encountered within the site, and at its expense, make good any damage caused by its handling, transporting, storage and use. The Contractor will notify the City immediately if
explosive or hazardous materials are encountered on the site. Transporting explosive or hazardous materials onto the site will require prior written approval from the City. The Contractor shall maintain and post as necessary Material Hazard Data Sheets for all applicable Hazardous Materials used in the course of his work.
In the event that hazardous material is improperly handled or stored by the Contractor, its subcontractors, any sub-subcontractors, or any employee or agent of any of the aforementioned which results in contamination of the site, Contractor shall immediately notify the City and the appropriate governmental authority and shall take whatever action
is necessary or desirable to remediate the contamination at the Contractor's sole cost and
expense. Further, Contractor shall indemnify and hold harmless from any and all cost, expense, action, or liability whatsoever resulting from such contamination and/or remedial activities. If without negligence on the part of the Contractor or anyone for whom it is responsible, Contractor is held liable for the cost of remediation of a hazardous material or
substance solely by reason of performing the Work as required by the Agreement
Documents, the City shall pay for the directs costs of remediation as approved beforehand by City, in writing, which shall be paid from the Contingency Fund. 16.62 Inspection: Rejection Of Materials And Workmanship. All materials and equipment
furnished, and work performed shall be properly inspected by Contractor, at its expense, and
shall at all times be subject to quality surveillance, observations or quality audit by City. Contractor shall provide safe and adequate facilities and all samples, drawings, lists and documents necessary for quality surveillance, observation or quality audit. For this purpose, City shall be afforded full and free access to the shops, factories or places of business of Contractor
and its subcontractors and suppliers for such quality surveillance, observation or quality audit and
to determine the status of the Work. If Contractor covers all or any portion of the Work prior to
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any quality surveillance or test by City, the cost of any necessary uncovering and replacing shall be borne by Contractor. Neither the failure to make such quality surveillance, observance or
quality audit, nor to discover defective workmanship, materials, or equipment, nor acceptance
of or payment to Contractor for such work, materials or equipment shall prejudice the rights of City thereafter to correct or reject the same as hereinafter provided. If any material, equipment or workmanship is determined by City, either during performance of
the Work or on final quality surveillance, or during any applicable warranty period (expressed or
implied), to be defective or not complying with the requirements of this Agreement, City shall notify Contractor in writing that such material, equipment or work is rejected and the City reserves the right to withhold payment on any such item. Thereupon, Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or work
by making the same comply strictly with all requirements of the Agreement.
16.63 Testing. Unless otherwise provided in the Agreement, Drawings and Specifications shop testing of materials or work shall be performed by the Contractor and in accordance with the Technical Specifications. Field testing of materials or work shall be performed by City. Should
tests in addition to those required by the Specifications be desired by City, Contractor will be
advised in reasonable time to permit such testing. Such additional tests will be at City's expense unless such additional tests are required due to Contractor's work or materials having failed any initial test. In this event, such additional (re-test) tests shall be at Contractor's expense. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation as
necessary to permit tests to be performed on materials or work in place including reasonable
stoppage of work during testing. Contractor shall provide reasonable and accurate notice of when construction activities which require City's testing services are required. Contractor shall be responsible for stand- by and other costs associated with the testing agency if that construction activity is delayed or canceled.
16.64 Progress. Contractor shall give City full information in advance as to its plans for
performing each part of the Work. If at any time during the progress of work, Contractor's actual progress is inadequate to meet the requirements of the Agreement, City may so notify Contractor who shall thereupon take such steps as may be necessary to improve its progress. If within a reasonable period as determined by City, Contractor does not improve performance to meet the
currently approved Agreement construction schedule, City may require an increase in
Contractor's labor force, the number of shifts, overtime operations, additional days of work per week and an increase in the amount of construction plant; all without additional cost to City. Neither such notice by City nor City's failure to issue such notice shall relieve Contractor of its obligation to achieve the quality of work and rate of progress required by the Agreement.
Failure of Contractor to comply with the reasonable instructions of City may be grounds for
determination by City that Contractor is not prosecuting its work with such diligence as will assure completion within times specified. Upon such determination, City may terminate Contractor's right to proceed with the performance of the Agreement, or any separable part thereof, in accordance with the applicable provisions of this Agreement.
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16.65 Changes City may, at any time, without invalidating the Agreement and without notice to the Surety(ies), make changes in the Work by issuing Change Orders, as well as Contingency
Fund Change Orders addressed elsewhere in the Agreement Documents. City will issue written
orders to Contractor for any changes, except that in the event of an emergency which City determines immediately endangers life or property, City may issue oral orders to Contractor for any work required by reason of such emergency. Such orders will be confirmed in writing as soon as practicable. Such orders, whether written or oral, may be accompanied by drawings and data
as are necessary to show the extent of such ordered work. Contractor shall commence such
changed work so that all dates set forth in Contractor's current construction schedule, as accepted by City, will be met. In the event of an emergency which City determines immediately endangers life or property, Contractor shall immediately commence such changes as required by City in order to mitigate or remove the emergency condition. Failure to commence any such change in
timely fashion shall entitle City to invoke the provisions of “Termination for Cause”.
Unless otherwise required, Contractor shall, within twenty-one (21) calendar days following receipt of a written Change request from City, submit in writing to City a Agreement Change Proposal for accomplishing such change, which proposal shall reflect the increase or decrease, if any, in cost to City of performing the change under the Agreement in comparison to what the
cost would have been, had such change not been offered.
17. Liquidated Damages
17.1 Liquidated Damages will be assessed as stated in the Agreement for each non- compliant day that any requirements listed in this section 17 are not met. The parties have agreed that since
they are unable to ascertain the amount of damages which would be suffered by City as a result
of Contractor’s failure to timely complete all Work required by the date set forth above. Therefore, failure to timely complete the work shall result in the awarded Bidder being subject to liquidated damages, but not as penalty, in the amount of $500.00 per calendar day, as set forth in 23 CFR 635.127, for each and every calendar day the work remains incomplete, or
the items remain undelivered. This payment is considered to be City’s liquidated damages, and it
is not a penalty. It shall be assessed against the Contractor until substantial and final completion, respectively, are achieved. 17.2 Staging of Material in Right-Of- Way:
Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment. Staging area shall be fenced and screened from public sight. Contractor shall not store material such as pipes, drainage structures and equipment within a right of way without prior approval by the City. Material shall be properly secured and screened neatly and will not remain on right of way for more than a week.
All equipment must be stored in a designated staging area.
17.3 Site Restoration: Contractor shall remove all excess material and shall clean up and restore the site to its original condition or better. All damage, as a result of work under this Agreement, done to existing structures, pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences, walls, utility poles, utility pipe lines, conduits, drains,
catch basins, flagstones, rocked graveled or stabilized areas or driveways, and including all
obstructions not specifically named in this provision, shall be repaired, or replaced, as determined
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by the Engineer. Site restoration shall be done in a timely manner as the work progresses. Site restoration work shall be completed on private property within 30 days after being disturbed.
17.4 Access: As applicable, Contractor shall provide one lane open to through-traffic for each
section of construction in each direction at all times unless a complete road closure is required. The Contractor shall make every effort to provide access to driveways at the end of the working day. If a driveway is not accessible, homeowners should have access to a neighboring swale area for temporary parking. When vehicular access to homes is not possible for parking of vehicles,
an area for parking shall be provided within one block of the furthest home affected. This
condition is to be avoided whenever possible and not last more than three (3) days. Vehicular access must be provided by the end of each business working day. The parking area location shall be coordinated by the Contractor, with the City's approval.” In the event that this option is approved by the City, the Contractor shall notify affected residents at least 48 hours in advance.
17.5 Date of Commencement and Substantial Completion: The Date of Commencement is the
date from which the Agreement Time is measured and shall be the date set forth in the Notice to Proceed as issued by the City. Should the Contractor incur costs prior to the issuance of the Notice to Proceed, any such costs shall be incurred at the Contractor’s risk, and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and
payment bonds and insurance, with submittal of invoices, in the event that City terminates this Agreement for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the Notice to Proceed, City may terminate the Agreement immediately, without providing an opportunity to cure.
17.6 The Contractor shall achieve Substantial Completion not later than one eighty days (180) calendar days and Final Completion of the entire Work not later than two hundred ten (210) calendar days,
18. Audit. As the funding for this project comes from FRDAP, Contractor, by entering into
this Agreement, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the Contractor is appropriate, the Contractor
agrees to comply with any additional instructions provided by the Department to the Contractor
regarding such audit. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
19. Indemnification of City. 19.1 The Contractor shall, in addition to any other obligation, indemnify the City and to the fullest extent permitted by law, protect, defend 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:
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(A) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from such property, 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 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;
(B) any 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; (C) liens and claims made by the Contractor or its Subcontractors; and
19.2 Indemnification for Construction Contracts. In the event that the performance of services under the Agreement is deemed to be a “construction Agreement” pursuant to §725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply:
To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the
Contractor agrees to indemnify and hold harmless the City, 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 Agreement Documents. safety
20. Environmental Matters. 20.1 Defined Terms for Purposes of this Section. Environmental Condition means any set of physical circumstances in, on, under, or affecting
the Property that may constitute a threat to or endangerment of health, safety, property, or the
environment, including but not limited to: (A) The presence of any hazardous Substance, except in such quantities and concentrations as are routinely found in nature or in products used in ordinary business or
commercial activities;
(B) Any underground storage tanks, as defined in Subtitle I of the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. 6991 et. seq., or the regulations thereunder, for the storage of hazardous wastes, oil, petroleum products, or their byproducts;
(C) Any PCB, asbestos or any other substances specifically regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 or regulations issued thereunder; and
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(D) Any open dump or system of refuse disposal for public use without a permit, as prohibited by 42 U.S.C. 6945 and/or Florida law equivalent, or the regulations issued
thereunder.
Environmental Laws means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq.; the Toxic Substances Control Act, 15 U.S.C. 2601 et. seq.; the Clean Water Act, 33 U.S.C. 1251 et seq.; the Clean Air Act, 42 U.S.C. 7401 et. seq.; the Oil Pollution Act, 33 U.S.C.
2701 et. seq., the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et. seq.; the Refuse
Act of 1989, 33 U.S.C. 407; the Occupational Safety and Health Act, 29 U.S.C. 651 et. seq., as such laws have been amended or supplemented from time to time, the regulations promulgated under these laws; and any analogous Governmental Requirements.
Environmental Requirements means all present and future Governmental Requirements,
including without limitation, the Environmental Laws, authorizations, judgments, decrees, concessions, grants, orders, agreements or other restrictions or requirements relating to any Environmental Conditions or any Hazardous Substances on the Property.
Hazardous Substance means any substances or materials identified to be toxic or hazardous
according to any of the Environmental Laws, including without limitation, any asbestos, PCB, radioactive substances, methane, volatile hydrocarbons, acids, pesticides, paints, petroleum based products, lead, cyanide, DDT, printing inks, industrial solvents or any other material or substance that has in the past or could presently or at any time in the future cause or constitute a health,
safety or other environmental hazard to any person or property. The term Hazardous Substances
includes hazardous wastes, hazardous substances, extremely hazardous substances, hazardous materials, toxic substances, toxic chemicals, oil, petroleum products and their by-products, and pollutants or contaminants as those terms are defined in the Environmental Laws.
Environmental Permit means any Governmental Approval required under any Environmental
Law in connection with the ownership, use or operation of the Property for the storage, treatment, generation, transportation, processing, handling, production or disposal of Hazardous Substances, or the sale, transfer or conveyance of the Property, and all supporting documentation thereof.
Environmental Claim means any accusation, allegation, notice of violation, claim, demand,
abatement or other order or direction (conditional or otherwise) by any Governmental Authority or any person for personal injury (including without limitation, sickness, disease, or death), tangible or intangible property damage, damage to the environment, nuisance, pollution, contamination or other adverse effects on the environment, or for fines, penalties, or restrictions,
resulting from or based upon:
(A) The existence or release, or continuation of any existence of a release (including without limitation, sudden or non-sudden, accidental or non-accidental leaks or spills) of, or exposure to, any substance, chemical, material, pollutant, contaminant, or audible noise
or other release or emission in, into or onto the environment (including without limitation,
the air, ground, water or any surface) at, in, by, from or related to the Property; or (B) The environmental aspects of the transportation, storage, treatment or disposal of materials in connection with the activities on the Property; or
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(C) The violation, or alleged violation, of any Governmental Requirements relating to Environmental Requirements on the Property; but excluding any of violations arising
solely from the intentional actions of the City and its agents.
20.2 Corrective Action Work means any and all activities of removal, response, investigation, testing, analysis, remediation taken to: (A) Prevent, abate or correct an existing or threatened Environmental Condition at,
about, affecting, or affected by the Property; or
(B) Comply with all applicable Environmental Requirements.
20.3 Environmental Indemnification. Contractor covenants and agrees, at its sole cost and expense, to defend (with counsel selected by Contractor, after consulting with the City),
indemnify and hold harmless the City, its successors, and assigns from and against any and all
Environmental Claims, whether meritorious or not, brought against the City by any Governmental Authority resulting from acts of the Contractor: 20.4 This indemnity includes, without limitation, indemnification against: all costs of removal,
response, investigation, or remediation of any kind; all costs of disposal of such Hazardous
Substances as necessary to comply with Environmental Laws; all costs associated with any Corrective Action Work; all costs associated with claims for damages to persons, property, or natural resources; any loss from diminution in the value of the Property; and the City’s Attorneys’ Fees, consultants’ fees, court costs and expenses incurred in connection with any Environmental
Claims brought against the City.
(A) Contractor’s indemnification of City is only for Environmental Claims which arise out of or are caused by actions or events occurring after the Effective Date of the Property Agreement.
(B) This indemnification is to be interpreted as broadly as possible and is in addition
to all other rights of the City under this Agreement. (C) Payments by Contractor under the Environmental Indemnification will not reduce Contractor’s obligations and liabilities under any other provision of this Agreement. (D) Neither the Contractor nor the general contractor, nor any other contractor in
privity with Contractor, has a duty to indemnify the City in connection with any
Environmental Claims that are due to the negligent conduct of the City or its agents. (E) Compliance. Contractor agrees to comply with all existing and future federal, state, county, and municipal environmental laws, administrative code provisions, ordinances, rules and regulations, and the requirements of any development order
covering the Property issued pursuant to Chapter 380, Florida Statutes, all as may be
amended.
A. 21. Insurance Requirements. 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
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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 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.
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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: 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. 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:
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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 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.
22. Assignment of Agreement. The Contractor acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely
services from other Contractors (the “Supporting Contractors”). The Contractor agrees to use its
best efforts to coordinate its services with the services of the Supporting Contractors and further agrees that in the event the rendition of any services of any of the Supporting Contractors is delayed, such delay will not entitle the Contractor to any additional compensation or payment of any kind. Furthermore, the Contractor shall not be entitled to an increase in compensation, or be
entitled to payment of any kind from the City, for damages or expenses incurred which are direct,
indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or
avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of
damages by the Contractor for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the City. The Contractor shall only be entitled to extensions
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of time for performance as the exclusive and sole remedy for delay. In recognition of the fact that Contractor is not entitled to costs of acceleration arising out of the delays caused by
Supporting Contractors, Contractor shall not be required to accelerate its services where delays
have resulted from Supporting Contractors, unless the City agrees to compensate Contractor for such accelerated efforts. 23. Public Records Law. Contractor shall maintain books, records, documents and other
evidence directly pertinent to performance of work under this Agreement in accordance with
generally accepted accounting principles and practices. The Contractor shall also maintain the financial information and data used by the Contractor in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal
business hours. The Contractor will provide proper facilities for such access and inspection.
Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and Contractor acknowledges that such laws have possible application and agrees to
comply with all such laws.
Upon request from the City custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as
otherwise provided by law.
24. Retention Of Records And Right To Access
24.1 The Contractor shall preserve and make available all financial records, supporting
documents, statistical records, and any other documents pertinent to the agreement for a period of five (5) years after termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of these five (5) years, the records shall be retained by the City until resolution of audit finding.
The Contractor shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Contractor shall ensure that
audit working papers are made available to the Department of Environmental Protection, or its
designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
24.2 Unless otherwise provided by law, any and all records, including but not limited to reports,
surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City.
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24.3 Upon completion of Work under this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor
shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7)
days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements.
24.4 Any compensation due to Contractor shall be withheld until all records are received as provided in this Agreement.
24.5 Contractor’s failure or refusal to comply with the provisions of this section shall result in
the immediate termination of this Agreement by the City. 25. Section 119.0701(2)(a), Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: ELORA RIERA, MMC CITY CLERK Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623 Email: eriera@daniabeachfl.gov 26. No Waiver. Failure of the City to insist upon strict performance of any provision or condition
of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition or right, but the same shall remain in full force and effect. 27. Declaration of Default. The failure of the Contractor a) to supply enough properly skilled
workers or materials, or b) its failure to make prompt payments to subcontractors, or for
materials or labor, or c) to obey laws, ordinances, rules, regulations or orders of public agencies having jurisdiction, or d) to comply in any way with the Agreement Documents, shall be sufficient grounds for the City to find the Contractor in material default, and that sufficient cause exists to terminate the Agreement for cause, and to withhold payment or any part thereof until
the cause or causes giving rise to the default has/have been eliminated by the Contractor and
approved by the City. If a finding of default is made by the City, the Contractor and its Surety shall remain responsible for performance of the requirements of the Agreement Documents unless and until the City terminates the Agreement. Upon a finding of default, the City shall set
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a reasonable time, but in no event in excess of seven (7) calendar days after written notice from City detailing the default, within which the Contractor and its Surety shall eliminate the cause
or causes of default. When the basis for finding default no longer exists, the City shall notify
the Contractor and its Surety, in writing, that the default has been corrected, and that the Contractor is no longer in default. If the Contractor fails to correct the default within the time allowed, the City, without further notice to Contractor or its Surety, may immediately terminate the Agreement and the employment of the Contractor, without otherwise waiving its rights
against the Contractor or its Surety. To the extent that the time limits herein conflict with those
set forth in the Performance Bond, the time limits in this section shall take precedence.
28. Termination Or Suspension Of Agreement
28.1 Termination By The Contractor:
A. The Contractor may terminate the Agreement for non-payment (except for those
provisions in this agreement that specifically provide for withholding payment), failure to
certify payment, delays of greater than 120 days not caused by Contractor, other material breaches by the City, and if the Work is stopped for a period of thirty (30) days through no act or fault of the Contractor, Subcontractor, Sub-subcontractor, their agents or employees, or any other persons performing portions of the Work under the Agreement
with the Contractor, for any of the following reasons:
1. issuance of an order of a court or other public authority having jurisdiction, and
2. an act of government, such as a declaration of national emergency, making material unavailable.
B. If one of the above reasons exists, the Contractor may, upon five (5) additional
days’ written notice to the City, terminate the Agreement and recover from the City payment for Work performed.
28.2 Termination By The City For Cause:
(A) The City may terminate the Agreement if the Contractor:
(1) persistently or repeatedly refuses or fails to supply enough properly skilled
workers, proper equipment, materials, or fails to adhere to the schedule established as
adjusted from time to time pursuant to the terms of the Agreement;
(2) fails to comply with laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction, including City;
(3) commits any act or omission that evidences a lack of integrity or honesty or which
reflects negatively on the City, including but not limited to the company of its owners,
officers and agents being charged with any act of moral turpitude or any environmental violation;
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(4) fails to obtain or maintain all insurance Coverage required by the Agreement Documents; or
(5) otherwise, is guilty of substantial breach of a provision of the Agreement or
Agreement Documents; or
(6) One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Contractor (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable
to Department, of its continuing ability and willingness to fulfill its obligations under the
Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Contractor of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Contractor’s business or property; and/or iv. An action by Contractor under any state insolvency or similar law for
the purpose of its bankruptcy, reorganization, or liquidation; or
(7) If Contractor or its Surety(ies) do(es) not cure such failure within seven (7) calendar days from receipt of notification, or sooner if consideration of safety to persons is involved, or if Contractor or its Surety(ies) fails to provide satisfactory evidence that such default will be corrected, City may, without further notice to Contractor, terminate in
whole or in part Contractor's right to proceed with work by written notice and prosecute
the Work to completion by Agreement or by any other method deemed expedient. City may take possession of and utilize any materials, plant, tools, equipment, and property of any kind furnished by Contractor and necessary to complete the Work.
(8) Contractor, and its sureties, shall be liable, jointly and severally, to City for all costs
in excess of the Agreement price for such terminated work reasonably and necessarily incurred in the completion of the Work, as adjusted by Change Orders, if any, including cost of administration of any Agreement awarded to others for completion, plus Liquidated Damages.
(9) The commitment of any material breach of this Agreement by Contractor, including
failure to timely deliver a material deliverable, failure to perform the minimal level of
services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; or
(10) Failure to abide by any statutory, regulatory, or licensing requirement, including
an entry of an order revoking the certificate of authority granted to the Contractor by a
state or other licensing authority; or
(11) Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; or
(12) Failure to maintain the insurance required by this Agreement.
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28.3Upon termination for default, Contractor shall:
(a) immediately discontinue work on the date and to the extent specified in the notice and place no further purchase orders or subcontracts to the extent that they relate to the performance of work terminated;
(b) inventory, maintain and turn over to City all materials, plant, tools, equipment, and property furnished by Contractor or provided by City for performance of work;
(c) promptly obtain cancellation upon terms satisfactory to City of all purchase
orders, subcontracts, rentals, or any other agreements existing for performance of the terminated work or assign those agreements to City as directed;
(d) cooperate with City in the transfer of information and disposition of work in
progress so as to mitigate damages;
(e) comply with other reasonable requests from City regarding the terminated work; and
(f) continue to perform in accordance with all of the terms and conditions of the Agreement such portion of work that is not terminated.
(g) When the City terminates the Agreement, the Contractor shall not be entitled to receive any further payment until the Work is completed and approved by the Engineer of
Record.
(h) All damages, costs and charges incurred by City shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of such excess.
28.4 If, after Notice of Termination or Suspension of Contractor’s right to proceed, it is
determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the Notice of Termination had not been issued, pursuant to the Termination for Convenience clause as set forth below.
28.5Termination By The City For Convenience:
The Agreement may be terminated for convenience by City upon fifteen (15) days’ advance
written notice to Contractor and the Contractor’s surety, if any (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, the Contractor shall be paid for all acceptable work performed prior to termination and shall not be entitled to any other costs, fees or payments. City may, at its option
and convenience, terminate the Agreement, in whole or in part, at any time by written notice
thereof to Contractor, whether or not Contractor is in default. Upon any such termination, Contractor hereby waives any claims for damages from the termination, including, without limiting the generality thereof, loss of anticipated profits on Work not performed on account thereof, home office overhead, lost bonding capacity, and consequential damages. As the sole
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right and remedy of Contractor, City shall pay Contractor in accordance with Subparagraphs below; provided, however, that those provisions of the Agreement, which by their very nature
survive final acceptance under the Agreement, shall remain in full force and effect after such
termination
(a) Upon receipt of any such notice, Contractor and its Surety shall, unless the notice requires otherwise;
(b) Immediately discontinue work on the date and to the extent specified
in the notice.
(c) Place no further orders or subcontracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the Agreement that is not terminated;
(d) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to
City of all orders and subcontracts to the extent they relate to the performance of work terminated;
(e) If requested by the City in writing, assign to the City, all right, title and interest of the Contractor under the subcontracts terminated. Such Assignment shall not include
assumption of Contractor's obligations or liabilities under any subcontract. The City shall
have the right (but not the obligation) to assume the Contractor's obligations under any subcontracts assigned. Neither this paragraph or any assignment of subcontracts, shall constitute the City's assumption of Contractor's or other obligations under any such subcontract absent a written document executed by the City and the subcontractor in which
the City expressly acknowledges an assumption of Contractor's obligations, and then only
to the extent specified. In no event will the City assume any obligation of the Contractor under the subcontracts that arise out of or relate to Contractor's default prior to such assignment;
(f) The Contractor shall include in all subcontracts, equipment leases and purchase orders, a
provision requiring the subcontractor, equipment lessor, or supplier, to consent to the assignment of their subcontract or purchase order to the City;
(g) Assist City, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by City under the Agreement; and,
(h) Complete performance of any work that is not terminated.
(i) Upon any such termination, City will pay to Contractor an amount determined in accordance with the following (without duplication of any item):
(j) All amounts due and not previously paid to Contractor for work completed in accordance with the Agreement prior to such notice, and for work thereafter completed as specified
in such notice.
(k) The reasonable cost of settling and paying claims arising out of the termination of work under subcontracts or orders.
(l) The verifiable costs incurred prior to notice of termination.
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(m) Any other reasonable costs which can be verified to be incidental to such termination of Work, including demobilization costs.
(n) In the case of such termination for City's convenience, Contractor shall be entitled to
receive payment for Work actually executed, and verifiable costs incurred by reason of such termination, along with an amount not to exceed ten (10) percent for profit and overhead on such verifiable costs incurred.
(o) The City's Termination for Convenience shall be without waiver or prejudice to, all of the
City's claims, rights and remedies arising out of or related to any default, breach of
Agreement, damages or other claims the City may have against Contractor, or Contractor's subcontractors, material suppliers of any tier, or any other person or entity at the time of termination or arising thereafter.
(p) Contractor hereby acknowledges acceptance of the risk and cost of the foregoing and
acknowledges and agrees to the foregoing limitation on Contractor's claims or damages
arising out of, or relating to, a termination for convenience by the City.
(q) Contractor shall submit within 30 calendar days after receipt of notice of Termination, for Convenience, a written proposal for payment, including all incurred costs and other entitlements described herein. City shall review, analyze, and verify such proposal, and
negotiate an equitable adjustment, and the Agreement shall be amended in writing
accordingly.
29. Suspension By The City For Cause
The City may order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as deemed necessary by the City, if the Contractor fails to
maintain all insurance Coverage required by the Agreement Documents. Any delay in the Work caused by a lapse in Coverage shall be deemed non-excusable, shall not be grounds for a time extension, and shall be subject to any other applicable provisions in the Agreement and Agreement Documents concerning Contractor delay.
30. Suspension By The City For Convenience
(A) The City may, without cause, order the Contractor in writing to suspend, delay or
interrupt the Work in whole or in part, for such period of time as the City may determine, and the Contractor shall be entitled to an appropriate time extension, provided the suspension delays the critical path of the Work.
(B) If such suspension exceeds thirty (30) consecutive days, Contractor may also be
entitled to an adjustment in the Agreement Sum for increases in the cost of performance of the
Agreement resulting directly from the suspension, delay, or interruption, including reasonable profit on such increased cost; provided however, that no adjustment will be made to the extent:
(1) that performance is, was, or would have been so suspended delayed, or interrupted by another cause for which Contractor is responsible;
(2) that Contractor fails to adequately document the cost increase;
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(3) that the Contractor would have incurred the cost increase regardless of the suspension, delay, or interruption, or
(4) that an equitable adjustment is made or denied under another provision of
the Agreement or Agreement Documents.
31. Termination for Cause
If the Contractor fails to provide the services or shall in any other manner commit a breach of the agreement and fails to remedy the same within 30 calendar days after receipt of written notice
from the City, the City may terminate the agreement, 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 ten (10) 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.
31A. Receipt Of Notice Of Termination Or Suspension
Upon receipt of Notice of Termination or suspension, Contractor shall deliver or otherwise make
available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Agreement or Agreement Documents, whether completed or in process. Upon receipt of any such written notice, Contractor shall, unless the notice requires otherwise:
(a) immediately discontinue work on the date and to the extent specified
in the notice;
(b) place no further orders or subcontracts for material, services, or facilities with respect to suspended work other than to the extent required in the notice;
(c) promptly make every reasonable effort to obtain suspension, upon terms satisfactory to City, of all orders, subcontracts and rental agreements to the extent they relate to
performance of work suspended;
(d) continue to protect and maintain the Work including those portions on which work has been suspended, and
(e) take any other reasonable steps to minimize costs associated with such suspension.
In addition to all amounts that would otherwise be due for Work performed prior to the
suspension, as compensation for such suspension, Contractor will be reimbursed for the following
verifiable costs (without profit) and without duplication of any item, to the extent that such costs directly result from such suspension of work:
(a) standby charge to be paid to Contractor during the period of suspension of work
which standby charge shall be sufficient to compensate Contractor for keeping, to the
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extent required in the notice, its organization and equipment committed to the Work in a standby status;
(b) All reasonable costs associated with mobilization and demobilization of Contractor's plant, forces and equipment; and (c) An equitable amount to reimburse Contractor for the cost of maintaining and protecting that portion of the Work upon which work has been suspended.
32. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Contractor (and any Subcontractor) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain
ownership of them by any statutory law or common law and other reserved rights, including
copyright; however, such documents are not intended or represented by Contractor to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Contractor for the specific purpose intended will be at City’s sole risk and without liability or
legal exposure to Contractor or to any Subcontractors. If City alters any such documents, City
will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 33. Force Majeure. Under any and all provisions of this Agreement, neither the City nor
Contractor, as the case may be, will be considered in breach of or in default of any of their
respective non-monetary and monetary obligations under the Agreement as a result of an unavoidable delay due to strikes, lockouts, acts of God, inability to obtain labor or materials, riot, war, hurricane, tornado, weather related events or conditions, pandemics, epidemics, shutdowns due to government restrictions, utility company delays, or other similar causes beyond the
commercially reasonable control of a party (in each case, an event of “Force Majeure”). Upon
the occurrence of a Force Majeure, the applicable time-period will be extended for each day of the period of the Force Majeure event. 34. Remedies Cumulative. Waiver. The rights and remedies of the parties to this Agreement,
whether provided by law or by this Agreement, are intended to be cumulative and concurrent.
The exercise by either party of any one or more of its remedies will not preclude the exercise by a party, at the same or different times, of any other remedies for the same default or breach, or of any of its remedies for any other default or breach by the other party. The waiver by a party of any default or Event of Default under this Agreement will not extend to or affect any other existing
or subsequent Event of Default, or impair any rights, powers, or remedies of a party in connection
with any other default or Event of Default. A party’s delay or omission in exercising any right, power or remedy will not be construed as a waiver of any default or Event of Default or constitute acquiescence to the default.
35. 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
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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:
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: Ruth McDonnell, President. Emenco Corp. 782 NW 42 Avenue, Suite 205
Miami, Florida 33126
36. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida.
37. Bankruptcy. It is agreed upon that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective upon the date and at the time the bankruptcy petition is filed. Upon such filing of Bankruptcy, Contractor will automatically be in default of this Agreement and the provisions of Article 9 will be enforced at
City’s discretion.
38. Dispute Resolution
38.1 Claims And Disputes
A. The responsibility to substantiate a Claim shall rest with the party making the Claim. All Claims must be made in writing and addressed to the City and the Contractor.
B. Process for Resolving a Claim. The Contractor shall review the Claim and make a
recommendation to the City. The City shall render a final decision regarding the Claim. A decision by the City shall be required as a condition precedent to litigation of a Claim between the Contractor and City as to all such matters arising prior to the date final payment is due, regardless of: 1) whether such matters relate to execution and progress
of the Work; or 2) the extent to which the Work has been completed.
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C. Time Limits on Claims. Claims by the Contractor must be made within thirty (30) days after occurrence of the event giving rise to such Claim or within thirty (30) days after the
claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims
by the Contractor or its respective subcontractors must be made by written notice to the City. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner.
D. Continuing Agreement Performance. Pending final resolution of a Claim, unless otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Agreement and the City shall continue to make payments in accordance with the Agreement Documents.
E. Claims for Concealed or Unknown Conditions. If conditions are encountered at the Project site which are: 1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Agreement Documents; or 2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily
found to exist in the locale of the Project site and generally not recognized as inherent in
construction activities of the character provided for in the Agreement Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than twenty-one (21) days after first observance of the conditions. The Contractor shall promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in the Contractor's cost of, or time required
for, performance of any part of the Work, Contractor shall recommend to the Consultant, with the City’s approval, an equitable adjustment in the Agreement Sum, Agreement Time, or both. If the Consultant determines that the conditions at the Project site are not materially different from those indicated in the Agreement Documents and that no change
in the terms of the Agreement is justified, the Consultant shall so notify the City and
Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within twenty-one (21) days after the Consultant has given notice of the decision. If the Consultant and Contractor cannot agree on an adjustment in the Agreement Sum or Agreement Time, the adjustment shall be referred to the City for
final determination.
F. Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Agreement Sum, written notice as provided in these Conditions shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an
emergency endangering life or property arising under Paragraph 10.3. If the Consultant
believes additional cost is involved for reasons including but not limited to: 1) a written interpretation from the Contractor; 2) an order by the City to stop the Work where the Contractor was not at fault; 3) a written order for a minor change in the Work issued by the Contractor; 4) failure of payment by the City; 5) termination of the Agreement by the
City; or 6) City's suspension of Work, then the Claim shall be filed in accordance with the
procedure established in this Agreement.
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G. Claims for Additional Time.
1. If the Contractor wishes to make Claim for an increase in the Agreement Time,
written notice as provided in these Conditions shall be given. The Contractor's Claim shall include an estimate of cost and a probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.
2. If adverse weather conditions are the basis for a Claim for additional time, such
Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction.
H. Injury or Damage to Person or Property. If either party to the Agreement suffers
injury or damage to person or property because of an act or omission of the other party, or any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after
first observance of the injury or damage. The notice shall provide sufficient detail to
enable the other party to investigate the matter. 38.2 Resolution Of Claims And Disputes
A. The Contractor shall review Claims and take one or more of the following preliminary
actions within ten days of receipt of a Claim: 1) request additional supporting data from the claimant: 2) submit a schedule to the parties indicating when the Contractor expects to take action; or 3) suggest a compromise. The Consultant may, at the City’s direction, notify the surety, if any, of the nature and amount of the Claim. The Contractor shall
notify the City or the Claimant. The City shall make the final determination of whether
to pay or dispute the Contractor’s Claim. B. If a Claim has been resolved, the Contractor shall prepare or obtain appropriate documentation.
C. If a Claim has not been resolved, the party making the Claim shall, within ten days (10) after the Contractor preliminary response, take one or more of the following actions: 1) submit additional supporting data requested by the Contractor; 2) modify the initial Claim; or 3) notify the Contractor that the initial Claim remains valid.
D. The Contractor shall notify the parties in writing of the City's decision within seven days of receipt of: 1) additional supporting data; 2) a request to modify the initial Claim; or 3) that the initial Claim stands and the City’s decision shall be final and binding on the parties but subject to review by a court of competent jurisdiction. The Contractor shall
prepare or obtain appropriate documentation regarding the Claim. If there is a surety and
there appears to be a possibility of a Contractor's default, the Contractor may, at the City’s direction, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy.
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38.3 All claims, counterclaims, disputes and other matters in question between City and
Contractor arising out of, relating to or pertaining to this Agreement, the breach of it, 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.
39. Venue; Fees. 39.1 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. To be clear, should mediation fail, 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. IN ANY LITIGATION, THE PARTIES AGREE TO EACH WAIVE ANY TRIAL BY JURY OF ANY AND ALL ISSUES. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL AGREEMENT TERM.
39.2 Operations During Dispute. In the event that a dispute arises between the City and the
Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to continue to render services in full compliance with all terms and conditions of this Agreement as required by the City.
40. Legal Representation. It is acknowledged that each party to this Agreement had the
opportunity to be represented by counsel in the preparation of this Agreement. 41. Prevailing Party’s Attorneys’ Fees. If either party institutes legal proceedings in connection with the Agreement, the prevailing party will be entitled to recover its costs of suit, including
without limitation, its Attorneys’ Fees.
42. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement.
43. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement and each such exhibit is incorporated by this reference. 44. Severability. If any provision of this Agreement or the application of it to any person or
situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law.
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45. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the
matters contained in this Agreement and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written.
46. Independent Contractors. Contractor, any Subcontractors and their respective employees and agents shall be and remain independent Contractors and not employees of City with respect to all of the acts and services performed under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint
undertaking, enterprise or venture between the parties to this Agreement. All agents, employees
and Subcontractors of the Contractor retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 47. The Contractor understands and agrees that the City, during any fiscal year, is not authorized
to expend money, incur any liability, or enter into any Agreement which, by its terms, involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any Agreement, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such Agreement beyond such limits. Nothing contained in this Agreement shall prevent the making
of contracts for periods exceeding one (1) year, but any Agreement so made shall be executory
only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Contractor shall not proceed with services under this Agreement without City’s written verification that the funds necessary for Contractor compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget.
48. Contractor warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a “purchasing agent” as defined in Chapter 112, Florida Statutes, nor any elected or appointed
officer of the City of Dania Beach, nor any spouse or child of such purchasing agent, employee
or elected or appointed officer, is a partner, officer, director or proprietor of the Contractor and, further, that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Contractor. Material interest means direct or indirect ownership of more than five percent (5%) of the total
assets or capital stock of the Contractor.
49. Contractor shall comply with all federal, state and City laws applicable to the Contractor services and specifically those covering Equal Opportunity Employment, the Americans with Disabilities Act (“ADA”) eligibility to perform services as specified in the Florida Public Entity
Crime law and the Florida Building Code. The Contractor is expected to fully comply with all
provisions of all laws and the City reserves the right to verify the Contractor’s compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause.
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50. In the event of any conflict between any provisions of this Agreement and any provision
in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling
(including, but not limited to, all terms and provisions governing compensation). Further, any prior Agreement related to the services is rescinded and replaced by this Agreement.
51. Contractor agrees to perform its obligations under this Agreement in accordance with the
degree of skill and care exercised by multimedia Contractors performing similar services under similar conditions. Contractor makes no other representations and no warranties, whether express or implied, with respect to the quality of its performance under this Agreement.
52. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign
Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it
exercises for the health, safety, and welfare of the public. This Agreement in no way estops or
affects the City's exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following:
A. Claims based upon any alleged breach by the City of implied warranties for
representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement;
B. Claims based upon negligence or any tort arising out of this Agreement;
C. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; D. Claims based upon an alleged waiver of any of the terms of this Agreement unless
such waiver is in writing and signed by an authorized representative for the City
and Contractor. 53. Financial 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 the City, 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. All such materials shall be maintained
by Contractor at a location in Broward County, Florida; provided that if any such material is
located outside Broward County, then, at the City’s option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe
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such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s).
54. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of
section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 55. Verification of Employment Eligibility. Contractor represents that Contractor, and each
Subcontractor has registered with and uses the E-Verify system maintained by the United States
Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable
for all costs incurred by Municipality due to the termination. 56. Successors And Assigns. The City and the Contractor each bind itself, its officers, directors, qualifying agents, partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party
in respect to all covenants, agreements and obligations contained in the Agreement. Contractor
shall not assign, transfer, convey or otherwise hypothecate the Agreement or its right, title or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous written consent of the City, and concurred with by the Contractor's Surety. Contractor acknowledges that the City has entered into this Agreement
with Contractor after a comprehensive competitive award process, and evaluation of
Contractor's particular qualifications and skills to perform the Work. Therefore, Contractor agrees that the City may withhold the consent to assignment referred to herein for any reason the City deems appropriate, in its sole and exclusive discretion.
57. Time is of the Essence. Time is of the essence in the performance of all obligations of each
party under this Agreement. 58. No Partnership or Joint Venture. It is mutually understood and agreed that nothing contained in this Agreement is intended or is to be construed in any manner or under any circumstances
whatsoever as creating or establishing the relationship of co-partners or creating or establishing
the relationship of a joint venture between the City and Contractor, or as constituting Contractor as the agent or representative of the City for any purpose or in any manner whatsoever. 59. Recording; Documentary Stamps. A memorandum of this Agreement, in the form attached
as Exhibit H, will be recorded by the City in the Public Records of Broward County, Florida. The
cost of recording, and the cost of any required documentary stamps, will be paid in full by the City. The parties will cooperate in structuring the transactions contemplated by this Agreement to reduce such costs, provided the structure does not have any adverse consequence for the City.
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60. Governing Law. This Agreement will be governed by the laws of the State of Florida. This
Agreement is subject to and must comply with the Charter and City Code of the City of Dania
Beach, as they exist on the date of execution of the Agreement. Any conflicts between this Agreement and the Charter and City Code will be resolved in favor of the City’s Charter. Venue for any disputes arising out of this Agreement and for any actions involving the enforcement or interpretation of this Agreement will be in the State courts of the 17th Judicial Circuit of Broward
County, Florida. 61. Third Party Beneficiaries. Neither Contractor nor City intend to directly or substantially
benefit a third party by this Agreement. Therefore, the parties agree that there are no third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against
either of them based upon this Agreement.
62. Negotiated Agreement. Both parties have substantially contributed to the drafting and negotiation of this Agreement and this Agreement shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any other. The parties
hereto acknowledge that they have thoroughly read this Agreement, including all exhibits and
attachments hereto, and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein.
63. Incorporation by Reference. The truth and accuracy of each "Recital" clause set forth
above is acknowledged by the parties. The attached Exhibits to this Agreement are incorporated
into and made a part of this Agreement and all exhibits subsequently attached to this Agreement pursuant to the terms hereof shall be deemed incorporated into and made a part of this Agreement.
64. Conflicts of Interest: City Representatives not Individually Liable. No elected official,
representative, or employee of the City has any personal interest, direct or indirect, in this Agreement. No elected official, representative or employee will participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she has an interest, directly or indirectly.
No elected official, representative or employee of the City will be personally liable to Contractor
or any successor in interest for any amount which may become due to Contractor, for any obligations of City under the Agreement, or in the event of any default or breach by the City. 65. Section. Section headings are for convenience only and do not affect the interpretation of
this Agreement. 66. Counterparts. This Agreement may be signed in counterparts, each one of which is considered an original, but all of which constitute one and the same instrument. This Agreement
is effective only after execution and delivery by the parties. 67. Entire Agreement. This Agreement (including the Exhibits) constitutes the sole agreement of the parties with respect to its subject matter. It supersedes any prior written or oral agreements or communications between the parties.
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68. Amendments. No amendment to this Agreement is binding on either party unless in
writing and signed by both parties. The City is not obligated to spend any money or undertake
any obligation in connection with an amendment proposed by Contractor. If Contractor requests an amendment to the Agreement or any other action by City, Contractor must reimburse City for all third-party costs incurred by City (including but not limited to costs of third-party consultants and attorneys). Before the City takes action regarding any request, Contractor must deposit with
the City the estimated amount of third-party costs, as reasonably determined by the City.
69. Holidays. The parties agree that whenever a notice or performance due under the
Agreement falls on a Saturday, Sunday or on a legal holiday recognized by the City, the notice
or performance will be postponed to the next following business day.
70. Other governmental entities may elect to purchase the goods and services specified in this Agreement, which shall be made available upon the same terms and conditions as those specified in this Agreement.
71. Survival. A termination of the Agreement will not release Contractor from its obligation to indemnify City for any acts which occurred prior to the termination of the Agreement, unless otherwise agreed upon by City and Contractor or by judicial decree. Upon termination or expiration of this Agreement, the Contractor shall remain liable for all obligations and liabilities
that have accrued prior to the date of termination or expiration, unless relieved of such obligation
or liability by action of a court or rule of law.
SIGNATURES ON THE FOLLOWING PAGES
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IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above.
ATTEST: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER
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CONTRACTOR:
WITNESSES: Emenco Corp. a Florida corporation
SIGNATURE SIGNATURE _________________________ PRINT Name PRINT Name
_________________________ SIGNATURE Title _________________________ Date:
PRINT Name
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on __ ,2025 by ____________________________ as
___________________ of Emenco, Corp., a Florida corporation. He/she is personally known to me or has produced as identification.
My Commission Expires: Notary Public, State of Florida
Print Name
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CITY OF DANIA BEACH, FLORIDA
Dania Beach Woman's Club Restoration
CITY INVITATION TO BID (“ITB”) NO. 25-015
Prepared by:
City of Dania Beach, Florida 100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Friday, May 16, 2025
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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Table of Contents
1. NOTICE TO BIDDERS
2. GENERAL TERMS & CONDITIONS
3. SPECIAL CONDITIONS
4. SCOPE OF WORK
5. BID FORM
6. BIDDER SUBMISSIONS
Attachments:
A - PERFORMANCE_BOND
B - PAYMENT_BOND
C - Womans Club Restoration Specifications Dec 2024
D - Womens Club Restoration Drawings Dec 1 2024
E - Sample Construction Agreement
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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1. NOTICE TO BIDDERS
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"Dania Beach Woman's Club Restoration"
25-015
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed
Bids for its “Dania Beach Woman's Club Restoration, 25-015”.
Bids will be accepted on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl until Friday, June 20, 2025, at 3:00 pm. 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/156103.
MANDATORY PRE-BID CONFERENCE
A MANDATORY Pre-bid conference will be held on Wednesday, May 28, 2025, at 12:00 pm at 117 NW 1st
Avenue Dania Beach FL 33004. All Bidders and interested persons are invited to attend the meeting, which
will outline the Project as described in the Bid, and provide an opportunity for questions and answers for all
interested persons. Any interpretations, clarifications or additional information not disclosed in this Bid and
determined to be necessary by the Owner in response to questions, will be issued by means of addendum or
addenda, which addendum or addenda will be posted to the Portal at
https://procurement.opengov.com/portal/daniabeachfl/projects/156103 for all interested persons who are
following the project. The Bidder will be notified of any addenda issued, if following the project, but it is
recommended they check the portal to see if there has been any addendum or addenda posted for this Bid. Only
questions answered and information supplied by means of such addendum or addenda will be considered as
binding. Oral interpretations, clarifications or other information will have no legal and binding effect.
BID DOCUMENTS
Bids must be submitted electronically on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl, the City’s designated electronic bidding system.
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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All bid prices shall be guaranteed firm for a minimum of one hundred twenty (120) calendar days after the
submission of the bid. No bidder may withdraw a bid within ninety (90) calendar days after the bid opening
date.
Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or award of bid,
whichever is sooner. In the event presentations are necessary, all non-presenting bidders will be required to exit
the room during the presentations of each of the other bidders as portions of selection committee meetings at
which presentations are made are exempt from Florida’s public meeting laws.
A bid bond of 5% of the bid price is required for this project.
All bidders are advised that the City has not authorized the use of the City seal or logo by individuals or
entities responding to City bids. Bidders shall demonstrate successful performance of projects of a similar
magnitude, scope and value as this project.
The City Commission of the City of Dania Beach reserves the right to reject any and all bids, to waive any
informality in a bid and to make an award in the best interests of the City, as Owner.
CITY OF DANIA BEACH, FLORIDA
Published on: Friday, May 16, 2025
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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. The successful Bidder shall provide a Performance Bond for
One Hundred percent (100%) of the contract price made payable to the City of Dania Beach, Florida,
within fourteen (14) days of notification of the award of the agreement. A copy of the Performance
Bond form can be found in the attachments; it is made a part of and is incorporated into the ITB by this
reference.
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,
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
6
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.
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.
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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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
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.
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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2.11 NON-COLLUSION STATEMENT
By submitting a bid or proposal, the Bidder or Offeror affirms that the bid or proposal is without previous
understanding, agreement, or connection with any person, business, or corporation and that the bid or proposal
is in all respects fair, and made without collusion or fraud. The Non-Collusion Affidavit form must be executed
by the Bidder or Offeror; a copy of the form can be found in the Bidders Submissions; it is made a part of and is
incorporated into the solicitation by this reference.
2.12 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS
The technical specifications may include items that are considered minimum, mandatory, or required. If any
Bidder or Offeror is unable to provide these items, and feels that the technical specifications are overly
restrictive, the Bidder or Offeror must notify the City of Dania Beach in writing immediately. Such notification
must be received by the City prior to the deadline contained in the solicitation, for questions of a material
nature, at least ten (10) calendar days prior to the solicitation opening date. If no such notification is received
prior to that deadline, the City will consider the technical specifications to be acceptable to the Bidder or
Offeror.
2.13 PUBLIC RECORDS
A. Bid or Proposal Submissions Shall Become City Property: All submissions become the property of
the City and will not be returned to the Bidder or Offeror. The City will hold all submissions in
confidence unless otherwise required by law.
B. Contractor’s Obligations: Bidders or Offerors should be aware the City is a “public body” as defined
in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section 119.0701(2) (a),
and the related provisions of the Florida Public Records Law. If awarded this project, the following will
apply:
1. Documents to Be City Property: Unless otherwise provided by law, any and all records, including
but not limited to reports, surveys, and other data and documents provided or created in connection
with the contract are and shall remain the property of the City.
2. Maintenance of Records: Bidder or Offeror agrees to keep and maintain public records in Bidder’s
or Offeror's possession or control in connection with Bidder’s or Offeror's performance under the
contract. Bidder or Offeror additionally agrees to comply specifically with the provisions of Section
119.0701, Florida Statutes. Bidder or Offeror shall ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed, except as
authorized by law, for the duration of the contract, and following completion of the contract until the
records are transferred to the City.
3. Response to Public Records Requests: Upon request from the City custodian of public records,
Bidder or Offeror shall provide the City with a copy of the requested records or allow the records to
be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
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4. Delivery of Records: Upon completion of the contract or in the event of termination by either party,
any and all public records relating to the contract in the possession of the Bidder or Offeror shall be
delivered by the Bidder or Offeror to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Bidder or Offeror shall be delivered to the City in a format
that is compatible with the City’s information technology systems. Once the public records have
been delivered upon completion or termination of the contract, the Bidder or Offeror shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. Any compensation due to Bidder or Offeror shall be withheld until all
records are received as provided in this solicitation.
5. Failure to Comply: Bidder’s or Offeror's failure or refusal to comply with the provisions of this
section shall result in the immediate termination of the contract by the City.
C. Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes:
IF THE BIDDER OR OFFEROR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S OR OFFEROR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THE CONTRACT, THE BIDDER OR OFFEROR MUST
CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: Elora Riera, City Clerk
Mailing Address: 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004
Telephone number: 954-924-6800, Ext. 3623
Email: eriera@daniabeachfl.gov
2.14 SUCCESSORS AND ASSIGNS
The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and legal
representatives to the agreement. Neither party to the agreement shall assign or subcontract it or any portion of
it, without the advance written consent of the other.
2.15 QUALIFICATION OF BIDDERS OR OFFERORS
A. Bidders’ or Offeror's Qualifications: The Bidder or Offeror shall complete the Questionnaire Section,
along with any other evidence of satisfactory experience and ability to perform the proposed Work. The
failure of Bidder or Offeror to demonstrate successful performance of projects of a similar magnitude,
scope and value as this project may be deemed to be grounds for declaring the Bidder or Offeror to be
non-responsible.
B. Certified Financial Statement: If requested by the Owner, the Bidder or Offeror shall submit a
certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current
financial resources, liabilities, capital equipment, and financial history performance.
C. Disqualification: A Bidder or Offeror shall be disqualified and its unopened Bid or Proposal shall be
rejected by the City for any one or more of the following reasons:
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1. Reason to believe that collusion exists among the Bidders or Offerors.
2. The Bidder or Offeror is or has been involved directly or indirectly in litigation or arbitration against
the Owner within the past ten (10) years.
3. The Bidder or Offeror has defaulted on any previous contract with the Owner within the past ten
(10) years or is in arrears on an existing contract.
4. The submittal of more than one Bid or Proposal from an individual, firm, partnership, corporation or
association under the same or different names. All such parties shall be disqualified.
5. Untimely bids or proposal shall be automatically and absolutely disqualified and returned unopened.
Excuses for the untimely submittal shall not be accepted. The time of bid or proposal receipt
documented by the City Clerk’s office shall determine the timeliness of the Bid or Proposal.
D. Non-responsible Bidder or Offeror : A Bidder or Offeror may be determined by the Owner to be
“non-responsible” once Bids or Proposals are opened, and a Bid or Proposal may be rejected for any one
or more of (but not limited to) the following reasons:
Determination of a lack of competency as may be revealed by qualification statements, financial
statements, experience records or other information disclosed to Owner by other sources.
The Bidder's or Offeror's uncompleted or pending workload on other projects, which in the judgment of
the Owner may cause detrimental impact on timely completion of the Work.
The appearance of an unbalanced Bid or Proposal, as determined by the Owner.
If the Bidder or Offeror makes one or more false statements or provides false information in connection
with any portion of the bidding documents.
If the Bidder or Offeror fails to demonstrate successful performance and completion of projects of a
similar magnitude, scope or value as this project.
E. Non-responsive Bidder or Offeror : A Bidder or Offeror may be deemed to be non-responsive and a
Bid or Proposal may be rejected for any of, but not limited to, the following reasons:
1. If the Bidder or Offeror fails to submit a complete Bid or Proposal, including but not limited to,
submitting evidence of all insurance coverages required by the Bid or Proposal and the Contract
Documents.
2. If the Bidder or Offeror fails in any way to abide by any of the provisions of the Contract
Documents.
2.16 CONTRACTOR'S RELATION TO THE CITY - INDEPENDENT CONTRACTOR
It is expressly agreed upon and understood that the Contractor will be in all respects an independent contractor
as to the Project Work, and that the Contractor is in no respect an agent or employee of the City. The agreement
will specify the Project Work to be done by the Contractor, but the method to be employed to accomplish the
work shall be the responsibility of the Contractor, unless otherwise provided in writing in the agreement.
Contractor and its employees are not entitled to any of the benefits that the City provides for City employees.
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2.17 EMPLOYEES OF THE CONTRACTOR
A. Contractors shall only designate employees who are sufficiently skilled to provide the required services
specified in the solicitation. Any person employed to provide the services who fails, refuses or neglects
to obey the instructions of the City's representative in anything relating to these services, or who appears
to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be
immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or
threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its
employees or agents, or any member of the public shall be grounds for the City to terminate the
agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment
necessary to properly maintain all Project Work areas in an acceptable and safe condition.
B. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited
by law, for all acts of their employees while in their employ.
2.18 AVAILABILITY OF FUNDS
The obligations of the City under the awarded agreement will be subject to the availability of funds.
2.19 LICENSES, PERMITS, AND FEES
In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee
a Contractor will have to pay the City before or during the work, items or services to be provided or the
percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City
by virtue of the work, items, or services as part of the agreement are as follows:
A. Contractor shall have and maintain during the term of the agreement any and all appropriate City
licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the
City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION
OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF
APPLICABLE).
B. During the performance of the agreement, there may be times when the Contractor will be required to
obtain a permit for such work, or in connection with the items or services. It is the responsibility of the
Contractor to ensure that it has the appropriate permits as may become necessary during the
performance of the work. Any fees related to the required permits in connection with the agreement will
be the sole responsibility of the Contractor.
C. Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal
government.
D. City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination
System (NPDES).
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2.20 TERMINATION OF AGREEMENT
If the successful Bidder or Offeror who or which is awarded the contract fails to provide the services, or shall in
any other manner commit a breach of the agreement and fails to remedy the same within five (5) calendar days
after receipt of written notice from the City, the City may terminate the agreement resulting from the solicitation
without any further notice to the Contractor. City representatives will review the construction services
periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the
Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies
are not corrected within five (5) working days, the City may, at its option, perform the required services or
contract to have them performed and deduct the cost of those services from the agreement cost.
2.21 TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the
agreement, or if the Contractor shall violate any of the provisions of the agreement, the City may upon written
notice to the Contractor, terminate the right of the Contractor to proceed under the agreement, or as to such part
or parts of the agreement for which there has been a default, and may hold the Contractor liable for any
damages caused to the City by reason of such default and termination. In the event of such default and
termination, any completed services performed by the Contractor under the agreement shall, at the option of the
City become the City's property and the Contractor shall be entitled to receive equitable compensation for any
work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the
City for damages sustained by the City by reason of any breach of the agreement by the Contractor, and the City
may withhold any payments to the Contractor for the purpose of set-off until such time as the amount of
damages due to the City from the Contractor can be determined. The City reserves the right to terminate the
agreement upon thirty (30) calendar days’ written notice, without cause.
2.22 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
A. The selected Contractor shall, in addition to any other obligation to indemnify the City and to the fullest
extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents,
elected officials and employees from and against all claims, actions, liabilities, losses (including
economic losses), or costs arising out of any actual or alleged:
1. bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including
the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed
to have resulted in whole or in part from any actual or alleged act or omission of the Contractor,
anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may
be liable in the performance of the work;
2. any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or
infringement of patent rights by Contractor in the performance of the work;
3. liens, claims, actions made by the Contractor or other party performing the work; and
4. claims of whatsoever nature related to collection practices or any actions of a contradictory nature
pursuant to the Agreement or in an attempt to collect monies due or claimed to be due to the City.
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B. Indemnification for Construction Contracts. In the event that the performance of services under the
Contract is deemed to be a “construction contract” pursuant to §725.06, Florida Statutes, as it may be
amended from time to time, the following indemnification shall apply:
1. To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the
Contractor agrees to indemnify and hold harmless the Owner, its officers, employees, and assigns
from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the
Contractor and persons employed or utilized by the Contractor in the performance of the provisions
in the Contract Documents.
2.23 INSURANCE REQUIREMENTS
A. Insurance Required Before Commencement of Work: The Contractor shall not commence Work
under the Agreement until Contractor has obtained all insurance required under this Section, and not
until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall
not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until
the Subcontractor and all Coverages required of any Subcontractor have been obtained and approved by
the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy
deductibles and self-insured retentions.
B. Insurance Requirements: Coverages shall be in force until all Work required to be performed under
the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as
evidenced by the formal written acceptance by the City. In the event insurance certificates provided to
City indicate that the insurance shall terminate and lapse during the period of the Agreement, including
any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days
prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that
equal and like coverages for the balance of the period of the Agreement, including any extension of it,
and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY
SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE
AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY
DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-
EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE
SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE
AGREEMENT OR ELSEWHERE IN THE SOLICITATION DOCUMENTS CONCERNING
CONTRACTOR DELAY.
C. Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or
Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk
Manager of the City reviews and approves in writing the insurance limits on each of the policies. The
City must approve any changes to these specifications and has the right to review and amend coverage
requirements. The CONTRACTOR shall be held responsible for any modifications, deviations, or
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omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible
amounts.
D. GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage,
products/completed operations, blanket contractual liability, and personal/advertising injury with limits
of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars
($2,000,000.00) annual aggregate.
E. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be confirmed on or
attached to the Official Certificate of Insurance):
1. Annual Aggregate shall apply “Per Job”;
2. “The City of Dania Beach, Florida” is added as a named “Additional Insured”;
3. Additional Insured status is included for Products completed operations coverage for a period of no
less than five (5) years following the completion of the Work or Project;
4. Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form
CG 2037 (07 04);
5. Contractor’s insurance shall be primary and non-contributory;
6. Waiver of Subrogation in favor of the City;
7. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification); and
8. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate.
F. WORKERS’ COMPENSATION INSURANCE must be provided for all persons fulfilling this
agreement whether employed, contracted, temporary, or subcontracted for the life of the agreement,
including any applicable warranty period(s), and it is to apply to all “statutory employees” of Contractor
(as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the “Workers’
Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the
Contractor, its employees, and Subcontractors.
G. In the case any work is sublet as otherwise addressed in the Agreement or Solicitation Documents, the
Contractor shall require any Subcontractors similarly to provide Workers’ Compensation Insurance for
all of the latter’s employees, in addition to any coverage afforded by the Contractor, by furnishing
Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00) Employers’ Liability
Limits Part B.
H. IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE
PROSECUTION OF THE WORK, THE FOLLOWING:
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1. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS
EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS’ COMPENSATION
INSURANCE COVERAGE; OR
2. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO
WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT.
I. SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to be confirmed
on or attached to the Official Certificate of Insurance):
1. 30 Days’ Notice of Cancellation or Modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification); and
2. Waiver of Subrogation.
J. AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no
less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired, and non-owned
vehicles.
K. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on
or attached to the Official Certificate of Insurance):
1. “The City of Dania Beach” is added as a named “Additional Insured”;
2. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification); and
3. Waiver of Subrogation.
L. Proof of Insurance: The following are requirements that must be met regarding the Bidder’s or
Offeror's delivery of Certificates of Insurance for all coverages required in the Agreement and
Solicitation Documents:
1. “Preliminary” certificate means that certificates of insurance verifying all general insurance
requirements (as noted below) must be included with Bid or Proposal at submittal on the date and
time of the Bid or Proposal opening. If the “preliminary” certificates are not included with a Bid or
Proposal submittal, then the City has the right to consider the submitted Bid or Proposal as non-
responsive on the date and time of the Bid or Proposal opening. “Preliminary” Certificates may be
issued without documentation of all “Special Provisions”. However, Contractor does understand that
all provisions, including “Special Provisions” noted below are expected to be fully documented on
or attached to the “Official” Certificates of Insurance as described below.
2. “Official” Certificates of Insurance must be delivered to the City Clerk’s office and Risk Manager of
the City. If the “Official” certificates are not delivered before or on the fourteenth (14th) Business
Day after the issuance by the City of the “Notice of Intent to Award”, then the City has the right to
consider the awarded Agreement to the successful Bidder or Offeror as void and to negotiate a
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contract with the next lowest responsive and responsible Bidder or Offeror. “Special Provisions”, as
referenced below under each type of insurance requirement shall be fully confirmed on or attached
to the “Official” certificates.
3. All Certificates of Insurance must clearly identify the contract to which they pertain, including a
brief description of the subject matter of the contract. The certificates shall contain a provision that
coverage afforded under the policies will not be canceled until at least thirty (30) days’ prior written
notice has been given to City. If this coverage is not provided, then Contractor is responsible for
such notice to City. Insurance policies for required coverages shall be issued by companies
authorized to do business under the laws of the State of Florida and any such companies’ financial
ratings must be no less than A-VII in the latest edition of the “BEST’S KEY RATING GUIDE”,
published by A.M. Best Guide. In the event that the insurance carrier’s rating shall drop, the
insurance carrier shall immediately notify the City in writing.
2.24 SAFETY
A. The successful Bidder or Offeror shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project Work. The successful Bidder or Offeror
shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial
safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational
Safety and Health Act of 1970 (OSHA), and its amendments.
B. Bidder or Offeror, by submitting a bid or proposal, certifies that all materials and equipment to be
supplied for the Project will meet all federal and state requirements, including but not limited to, the
Occupational Safety and Health Act (OSHA).
2.25 WARRANTY
The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of
good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be
free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not
conforming to those terms and conditions, including substitutions not properly approved and authorized may be
considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications
not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear
and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of
materials and equipment. All manufacturers’ product warranties shall be registered in the City’s name and for
its sole benefit.
2.26 RESPONSIBLE BIDDER OR OFFEROR
No bid or proposal will be accepted from, nor will any agreement be awarded to, any person or entity who or
which is in arrears to the City of Dania Beach upon any debt or agreement, who or which is in default as surety
or otherwise upon any obligation to the City, who is deemed irresponsible or unreliable by the City, or who or
which has been found guilty or convicted of a Public Entity crime in any federal or state trial court of record.
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2.27 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL
INTERESTS IN GOVERNMENT CONTRACTING
Bidders or Offerors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended,
that the City will not request documentation of or consider a Bidder's or Offeror's social, political, or ideological
interests when determining if the Bidder or Offeror is a responsible Bidder or Offeror. Bidders or Offerors are
further notified that the City's governing body may not give preference to a Bidder or Offeror based on the
Bidder's or Offeror's social, political, or ideological interests.
2.28 CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
The City shall have the right to investigate the financial condition and experience record of the Bidder or
Offeror, and determine to its satisfaction the competency of the Bidder or Offeror to undertake the requested
services in the solicitation.
2.29 SOLICITATION PROTEST PROCEDURE
A. After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder or Offeror
claiming to be aggrieved in connection with the pending award of the Contract or any element of the
process leading to the award of the Contract may protest to the City Manager. A protest must be filed by
5:00 PM on the third (3rd) Business Day after posting of the Notice of Award (excluding the day that
the Notice is posted) or any right to protest is waived. The protest must be in writing, must identify the
name and address of the protester, and must include a factual summary of, and the basis for, the protest.
Filing shall be considered complete when the protest and a Bid Protest Bond are timely received by the
City Manager’s Office.
B. A Bid Protest Bond shall accompany the written protest, to compensate City for the expenses of
administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be
returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be retained
by the City. The deposit shall be in the form of a cashier's check, and shall be the one percent (1%) of
the amount of the pending award to the initial successful Bidder or five thousand ($5,000.00) dollars,
whichever is less.
C. The Protest Committee shall have the authority to review, settle, and resolve all protests. Members of
the Protest Committee will be appointed by the City Manager. If the Protest Committee determines that
the pending award of a contract or any element of the process leading to the award involved a significant
violation of law, applicable rule or regulation, all steps necessary and proper to correct the violation
shall be taken. If the Protest Committee determines that the protest has merit, the City Manager shall
direct that all appropriate steps are to be taken to remedy it.
D. In the event of a timely protest, the City Manager shall stay the award of the Contract unless, after
consulting with the City Attorney and a representative from the City’s Department for which the
services are being obtained, the City Manager determines that the award of the Contract without delay is
necessary to protect the substantial interests of the City. The continuation of the bid award process under
these circumstances shall not preempt or otherwise affect the protest.
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2.30 LITIGATION
A. In addition to any other provision of this solicitation, the City may, in its absolute discretion, reject a Bid
or Proposal if the Bidder or Offeror, or any officer or director of the Bidder or Offeror submitting the
Bid or Proposal, is or has been engaged directly or indirectly in legal action against the City, its elected
or appointed officers, representatives or employees in relation to any matter.
B. In determining whether or not to reject a Bid or Proposal under this section, the City will consider
whether the litigation is likely to affect the Bidder’s or Offeror's ability to work with the City, its
consultants and representatives and whether the City’s experience with the Bidder or Offeror indicates
that there is a risk that the City will incur increased staff and legal costs in the administration of the
contract if it is awarded to the Bidder or Offeror.
C. A contract with the successful Bidder or Offeror will include the following:
GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of Florida shall govern the
contract. The contract is not subject to arbitration. THE PARTIES EXPRESSLY WAIVE ALL
RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES ARISING FROM, OR IN ANY WAY
CONNECTED WITH THIS AGREEMENT. THE PARTIES UNDERSTAND AND AGREE
THAT THIS WAIVER IS A MATERIAL CONTRACT TERM.
D. All claims, counterclaims, disputes and other matters in question between City and the Contractor
arising out of, relating to or pertaining to the Contract, the breach of it, the services of it, or the standard
of performance required in it, are to be addressed by resort to non-binding mediation as authorized under
the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the
parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and,
upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation
is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in
Broward County, Florida, or the Federal District Court of the Southern District of Florida and
appropriate appellate courts for such venue and jurisdiction. If City or Contractor incurs any expense in
enforcing the terms of the Contractor, whether suit is brought or not, each party shall bear its own costs
and expenses including, but not limited to, court costs and reasonable attorney fees.
2.31 CONTRACT AWARD AND EXECUTION
A. Bid or Proposal Opening and Evaluation: The City will publicly open and announce all bids or
proposals it receives by total amount in accordance with the terms of the advertisement. The City will
verify all bidders or offerors have properly submitted and executed all required solicitation documents
and forms; review all bids or proposals for accuracy; prepare a tabulation of the bids showing the item
details and total bid for all responsible bids; check for conformance of all bids or proposals to the
engineer's estimate; evaluate unbalanced bid or proposal items; confirm the bid tabulations; and provide
a recommendation for award of bid or proposal or recommendation for re-advertisement, if appropriate,
to the City Commission.
B. Rejection of Bids or Proposals: The City may reject bids or proposals in the following circumstances:
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1. where the low bid differs from the engineer's estimate by an unreasonable amount (reasonable
conformance pursuant to 23 CFR 635.114(c))
2. where obvious unbalancing of unit prices has occurred, or
3. where competition is considered to be inadequate relative to the size, type, and location of the
project.
C. Prohibition of Negotiations with Contractors or Bidders or Offerors: Negotiations with contractors
are not permitted during the advertisement, award, or execution period of the contracting process.
D. Contract Award and Execution: The City will enter into a contract with the lowest priced and the most
responsive and responsible bidder. If the City is unable to come to terms with the lowest priced and the
most responsive and responsible bidder, the City shall initiate the award process with the next lower
priced most responsive and responsible bidder, and so on, until a contract is executed.
The City is under no obligation to accept any Bid submitted. The City reserves the right in its sole
discretion to waive informalities in, or, at any time in the process and to reject any or all Bids at any
time.
All costs incurred in the preparation and presentation of any Bid shall be wholly absorbed by the Bidder.
All supporting documentation and manuals submitted with any Bid will become the property of the City
of Dania Beach unless otherwise requested by the Bidder at the time of submission.
2.32 CONE OF SILENCE
A. Cone of Silence: Definitions: “Cone of Silence,” as used in this solicitation, means a prohibition on any
communication regarding a particular Request for Proposal (“RFP”), Request for Qualification (“RFQ”)
or Invitation to Bid (“ITB”), between:
1. a potential vendor, service provider, Bidder or Offeror, bidder, lobbyist, or consultant, and:
2. a City Commission member, City’s professional staff including, but not limited to, the City Manager
and her staff, or any member of the City’s Selection Committee.
Restriction; Notice: A Cone of Silence shall be imposed upon this solicitation upon the advertisement of the
solicitation. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for
public notice of the Cone of Silence by posting a notice at City Hall. The City Manager shall issue a written
notice as to the Cone of Silence to the affected departments, file a copy of such notice with the City Clerk, with
a copy to each City Commissioner, and shall include in any public solicitation for goods or services a statement
disclosing the requirements of this section.
Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Commission
meeting (whether a regular or special meeting) at which the City Manager makes a written recommendation of
award to the City Commission. However, if the City Commission refers the City Manager’s recommendation
back to the City Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as
the City Manager makes a subsequent written recommendation.
Exceptions to Applicability: The provisions of this section shall not apply to:
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1. Oral communications at pre-bid or pre-proposal conferences;
2. Oral presentations before the Selection Committee;
3. Public presentations made to the City Commission members during any duly noticed public meeting;
4. Communications in writing at any time with any City employee, unless specifically prohibited by the
solicitation. The Bidder or Offeror shall file a copy of any written communication with the City
Clerk. The City Clerk shall make copies available to any person upon request;
5. Communications regarding the solicitation between a potential vendor, service provider, Bidder or
Offeror, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City
employee designated as responsible for administering the procurement process for the solicitation,
provided the communication is limited strictly to matters of process or procedure already contained
in the corresponding solicitation document;
6. Communications with the City Attorney and his staff;
7. Duly noticed site visits to determine the competency of a Bidder or Offeror regarding the solicitation
during the time period between the opening of Bids or Proposals and the time the City Manager
makes a written recommendation;
8. Any emergency procurement of goods or services pursuant to City Code;
9. Responses to the City’s request for clarification or additional information;
10. Contract negotiations during any duly noticed public meeting;
11. Communications to enable City staff to seek and obtain industry comment or perform market
research, provided all related communications between a potential vendor, service provider, Bidder
or Offeror, lobbyist, or consultant and any member of the City’s professional staff including, but not
limited to, the City Manager and his staff are in writing or are made at a duly noticed public meeting.
Penalties: Violation of this section by a particular Bidder or Offeror shall render any solicitation award or
contract to the Bidder or Offeror voidable by the City Commission or City Manager. Any person who violates a
provision of this section may be prohibited from serving on a City selection or evaluation committee. In
addition to any other penalty provided in this solicitation, violation of any provision of this section by a City
employee may subject the employee to disciplinary action.
Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
2.33 ADDITIONAL GENERAL CONDITIONS
A. Liquidated Damages: Liquidated Damages will be assessed as stated in the contract for each non-
compliant day that any requirements listed in this section are not met.
1. Staging of Material in Right-Of- Way:
Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment. Staging area shall be fenced
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and screened from public sight. Contractor shall not store material such as pipes, drainage structures
and equipment within a right of way without prior approval by the City. Material shall be properly
secured and screened neatly and will not remain on right of way for more than a week. All
equipment must be stored in a designated staging area.
2. Site Restoration:
Contractor shall remove all excess material and shall clean up and restore the site to its original
condition or better. All damage, as a result of work under this Contract, done to existing structures,
pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences,
walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or
stabilized areas or driveways, and including all obstructions not specifically named in this provision,
shall be repaired, or replaced, as determined by the Engineer. Site restoration shall be done in a
timely manner as the work progresses. Site restoration work shall be completed on private property
within 30 days after being disturbed.
3. Access:
As applicable, Contractor shall provide one lane open to through-traffic for each section of
construction in each direction at all times unless a complete road closure is required. The Contractor
shall make every effort to provide access to driveways at the end of the working day. If a driveway is
not accessible, homeowners should have access to a neighboring swale area for temporary parking.
When vehicular access to homes is not possible for parking of vehicles, an area for parking shall be
provided within one block of the furthest home affected. This condition is to be avoided whenever
possible and not last more than three (3) days. Vehicular access must be provided by the end of each
business working day. The parking area location shall be coordinated by the Contractor, with the
City's approval.” In the event that this option is approved by the City, the Contractor shall notify
affected residents at least 48 hours in advance.
B. Date of Commencement and Substantial Completion: The Date of Commencement is the date from
which the Contract Time is measured, and shall be the date set forth in the NOTICE TO PROCEED as
issued by the City. Should the Contractor incur costs prior to the issuance of the NOTICE TO
PROCEED, any such costs shall be incurred at the Contractor’s risk, and the City shall not reimburse the
Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may
reimburse Contractor for actual costs incurred relating to performance and payment bonds and
insurance, with submittal of invoices, in the event that City terminates this Contract for convenience, as
provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of
the date set forth in the NOTICE TO PROCEED, City may terminate the Contract immediately, without
providing an opportunity to cure.
The Contractor shall achieve Substantial Completion not later than one hundred fifty (150) calendar
days and Final Completion of the entire Work not later than one hundred eighty (180) calendar days,
each commencing with the date set forth in the NOTICE TO PROCEED as issued by the City, subject to
adjustments of this Contract Time as provided in the Contract Documents.
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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 five percent (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.
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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 FLORIDA TRENCH SAFETY ACT
The Bidder shall include with its Bid, when applicable, all documentation required by the Florida "Trench
Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those
presented in any subsequent change orders shall include the Bidder's cost for compliance with the applicable
trench safety standards.
3.4 QUALIFICATION OF BIDDERS
A. Bidders’ Qualifications: The Bidder shall complete the Bidders’ Questionnaire Section, along with any
other evidence of satisfactory experience and ability to perform the proposed Work. The failure of
Bidder to demonstrate successful performance of projects of a similar magnitude, scope and value as this
project may be deemed to be grounds for declaring the Bidder to be non-responsible.
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.
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The Bidder's uncompleted or pending workload on other projects, which in the judgment of the Owner
may cause detrimental impact on timely completion of the Work.
The appearance of an unbalanced Bid, as determined by the Owner.
If the Bidder makes one or more false statements or provides false information in connection with any
portion of the bidding documents.
If the Bidder fails to demonstrate successful performance and completion of projects of a similar
magnitude, scope or value as this project.
E. Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may be rejected for
any of, but not limited to, the following reasons:
1. If the Bidder fails to submit a complete Bid, including but not limited to, submitting evidence of all
insurance coverages required by the Bid and the Contract Documents.
2. If the Bidder fails in any way to abide by any of the provisions of the Contract Documents.
3.5 BILLING PROCEDURE
The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to
City Hall.
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.
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3.6 PROGRESS PAYMENTS
The Contractor may requisition payments for work completed during the project at intervals of not more than
once a month. The Contractor's requisition shall show a complete breakdown of the project components, the
quantities completed and the amount due, together with properly executed Releases of Liens by all
subcontractors, suppliers and materialmen who were included in the Contractor's current and previous
applications for payment and any other supporting documentation as may be required by the City or Contract
Documents. The City shall make payment to the Contractor within thirty (30) calendar days after approval of
the Contractor's requisition for payment.
Five percent (5%) of all monies earned by the Contractor shall be retained by the City until the work is totally
completed as specified and accepted by the City.
The City may withhold in whole or in part, payment to such extent as may be necessary to protect itself from
loss on account of:
A. Defective work not remedied.
B. Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the
Contractor.
C. Failure of the Contractor to make payment to subcontractors or suppliers for materials or labor.
D. Damage to another Contractor not remedied.
E. Liability for liquidated damages that has been incurred by the Contractor.
F. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum.
G. Reasonable evidence that the work will not be completed within the Contract Time.
H. Persistent failure to carry out the work in accordance with the Contract Documents.
When the above grounds are removed or resolved or the Contractor provides a surety bond or consent of surety
satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or
in part.
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4. SCOPE OF WORK
This project includes the complete restoration of the historic wood-frame Dania Beach Women's Club, located
at 117 NW 1st Avenue Dania Beach FL 33004
4.1 General Information
A. 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.
B. 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.
C. 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.
D. Applicants should include the following items in the submitted Bid:
1. Letter of Transmittal;
2. Anticipated time line 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
d. Name of contact person and contact information with the entity who can knowledgeably discuss
your company’s performance.
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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 Purpose
The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking bids from qualified Contractors
(the “Contractor”), for a project known as “Dania Beach Woman's Club Restoration”. This project consists
of the historic restoration of the Dania Beach Woman's Club, located at 117 Northwest 1st Street, Dania Beach,
FL 33004. The building is approximately 1,545 square feet and will be restored to its early 20th century
appearance. The Woman's Club is a significant historical resource in the City, having been designated a historic
property by the City in 2000.
The intent of this solicitation is to identify and engage a qualified contractor with proven expertise in historical
restoration to undertake the preservation and renovation of a historically significant home built in 1935. The
selected contractor must demonstrate a deep understanding of historical restoration techniques, materials, and
best practices to ensure that all work maintains the architectural integrity and historical character of the property
while integrating necessary modern updates. Compliance with the Secretary of the Interior's Standards for
Rehabilitation is required.
4.3 General Scope of Work
The scope of work for this project includes, but is not limited to, electrical system upgrades, HVAC
improvements, plumbing repairs and enhancements, interior and exterior painting, and general renovations. All
updates must align with preservation standards and local historical guidelines to ensure the home’s structural
and aesthetic authenticity is preserved.
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Qualified bidders must have experience in working with historical properties, possess all necessary licenses and
certifications, and be able to provide references for similar projects. The goal of this project is to restore the
home to its original grandeur while ensuring its long-term sustainability and functionality.
All work shall be completed as outlined in the provided technical specifications and plans.
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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5. BID FORM
GENERAL REQUIREMENTS
Line Item Description Unit Cost Unit of Measure
SITE and ABATEMENT
1 Lead Paint Abatement EA
2 Asbestos Abatement EA
3 Mold Abatement EA
CONCRETE
4 AC & Water Heater Pads EA
5 Concrete Repair - Structural EA
MASONRY
6 Historic Masonry Restoration and Cleaning EA
7 Historic Masonry Repointing EA
METAL FABRICATIONS
8 New Metal Structural Clips & Fasteners EA
WOOD and PLASTICS
9 Rough Carpentry - Wood Structural Repair EA
10 Finish Carpentry EA
11 New Wood Walls EA
12 Interior Wood & Cabinet Repair EA
13 Exterior Wood Repair EA
THERMAL and MOISTURE PROTECTION
14 Building Insulation EA
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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Line Item Description Unit Cost Unit of Measure
15 Asphalt Shingle Roofing EA
16 Flashing and Sheet Metal EA
17 Sealants and Caulking EA
18 Misc. Roofing EA
DOORS and WINDOWS
19 Wood Window Restoration EA
20 Wood Door Restoration EA
21 New Exterior Doors EA
22 New Interior Doors EA
23 New Hurricane Shutters EA
FINISHES
24 Painting, Staining, Sealing EA
25 Plaster Repair EA
26 Exterior Siding Repair EA
27 Wood Flooring Restoration / Repair EA
28 Terrazzo Flooring Restoration / Repair EA
29 Ceramic Tile EA
30 Pecky Cypress EA
MECHANICAL / PLUMBING
36 New HVAC System EA
37 New Plumbing Fixtures EA
38 New Plumbing System (Sanitary, Water, Hot Water) EA
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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Line Item Description Unit Cost Unit of Measure
39 Existing Plumbing System Repairs EA
ELECTRICAL
40 Electrical and Light Fixtures EA
41 Fire Alarm Equipment EA
42 Low Voltage (IT, AV, Security) EA
43 Existing Electrical System Repair EA
44 LUMP SUM FIXED PRICE ITEMS EA
45 ALL MISC. WORK not COVERED in the ABOVE
CATEGORIES EA
46 CONTINGENCY EA
47 OVERHEAD EA
48 PROFIT EA
Permitting
49 Permitting Cost EA
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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
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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☐ 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
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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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"
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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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:
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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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
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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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
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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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 Will you be utilizing Surety2000 Bid Bond verification?*
Select no if uploading your bid bond
☐ Yes
☐ No
*Response required
When equals "Yes"
4.1.1. Surety2000 Bid Bond*
Please enter your Bid Bond information from Surety2000 below.
*Response required
When equals "No"
4.1.2 Bid Security*
Please download the below documents, complete, and upload.
• BID_BOND.pdf
*Response required
4.2 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:
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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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.
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
4.3 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
4.4 Sworn Statement Under 287.133 3A Florida Statutes Public Entity Crimes*
Please download the below documents, complete, and upload.
• Public_Entity_Crimes_Statem...
*Response required
4.5 Non-Collusion Affidavit*
Please download the below documents, complete, and upload.
Dania Beach Woman's Club Restoration Invitation To Bid (“ITB”) No. 25-015
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*Response required
4.6 Independence Affidavit*
Please download the below documents, complete, and upload.
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID DANIA BEACH WOMAN’S CLUB RESTORATION
INVITATION TO BID(“ITB.”) NO. 25-015 ADDENDUM 1 Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004 JUNE 12, 2025
CITY OF DANIA BEACH, FLORIDA INVITATION TO BID “DANIA BEACH WOMAN’S CLUB RESTORATION” RFQ 25-015 ADDENDUM 1 QUESTIONS AND ANSWERS 1. Requiring a bid due on a Monday morning is historically the worst time and day as many subcontractors purposefully wait until bid day to submit pricing. A Monday morning bid due leaves general contractors with no time to finalize and submit a bid. This is also not an advantage to the city as they may not receive the best pricing available. Would the city consider moving the
bid date to a later date and time? (also one week even if RFI's are responded to today is not enough time to distribute responses to subcontractors and receive updated proposals back from them to incorporate in the general contractors' bid). Please note that this bid has been extended to July 20th and the time has been changed to 3pm.
CITY OF DANIA BEACH, FLORIDA
DANIA BEACH WOMAN’S CLUB RESTORATION
CITY INVITATION TO BID (“ITB.”) NO. 25-015 Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard Dania Beach, Florida 33004 JUNE 12, 2025
Addendum 2
CITY OF DANIA BEACH, FLORIDA INVITATION TO BID FOR
“DANIA BEACH WOMAN’S CLUB RESTORATION” ITB 25-015 Addendum 2
TO ALL BIDDERS: PLEASE TAKE NOT E OF THE FOLLOWING REVISIONS, ADDITIONS, DELETIONS, CLARIFICATIONS, ETC. RELATIVE TO SOLICITATION, WHICH IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SHALL BECOME A OF AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE. 1. This addendum corrects the bid submission deadline listed in Addendum 1. All
bidders are advised the submission deadline for this bid is June 20, 2025, 3:00pm