HomeMy WebLinkAboutR-2025-162 Frost Park Sports Court Conversion Project Resolution - MerrickRESOLUTION NO. 2025-162
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH MERRICK INDUSTRIAL MANAGEMENT CORPORATION FOR REQUEST FOR PROPOSALS (“RFP”) NO. 25-023, ENTITLED “FROST PARK SPORTS COURT CONVERSION
PROJECT”; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 2025-149, adopted on September 25.2025, the
City Commission authorized the City Administration to begin contract negotiations with the top
ranked firm, Merrick Industrial Management Corporation, related to RFP No. 25-023 entitled
"Frost Park Sports Court Conversion Project"; and
WHEREAS, the City Administration recommends approval of the Agreement which is
attached as "Exhibit A" and is made a part of and incorporated into this Resolution by this
reference, in the amount of One Hundred Seventy-Six Thousand One Dollars ($176,001.00).
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 proper City officials are authorized to execute an Agreement with
Merrick Industrial Management Corporation for Frost Park Sport Conversion Project in the
amount of One Hundred Seventy-Six Thousand One Dollars ($176,001.00).
Section 3. That funding is available within the Frost Park General Fund Infrastructure
Improvements Account No. 001-72-05-572-63-10.
Section 4. That Owner Direct Purchases well be made, whenever possible, for tax
savings purposes.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective 10 days after passage.
2 RESOLUTION #2025-162
PASSED AND ADOPTED on October 28, 2025.
Motion by Commissioner Ryan, second by Vice Mayor Salvino.
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:
ELORA RIERA, MMC JOYCE L. DAVIS 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 Merrick
Industrial Management Corporation (“Contractor”) a Florida corporation with a mailing address
of 7995 NW 110 Drive, Parkland, Florida 33076.
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 shall furnish all labor, materials, supervision,
equipment, and incidentals required to complete the Frost Park Sports Court Conversion Project,
located at 100 W Dania Beach Blvd., Dania Beach, Florida 33004, in accordance with RFP No.
25-023 and Contractor’s submitted proposal, both of which are incorporated herein by reference
as Exhibit “A”. The Work includes resurfacing of two (2) tennis courts, conversion of one (1)
tennis court into six (6) pickleball courts, resurfacing of one (1) full-size basketball court, and
installation of fencing, pathways, and related site improvements.
3. Subcontracts. 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.
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. 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 in accordance with the terms of the Agreement.
4.2 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 City may require that certain facilities be used
concurrently by Contractor and other parties, and Contractor. 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.
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4.3 The below listed documents are to be used by the Contractor and City during the
administration of this Agreement. 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 Coordination And Correlation Of Drawings And Specifications. 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 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, and
other Agreement Documents provided by the City or Design Consultants.
4.5 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 later of (a) the issuance of all permits required for the Work and (b) the date set forth
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in the Notice to Proceed. 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. 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 DATE OF COMMENCEMENT, City
may terminate the Contract.
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 on the Date of Commencement defined in §5.1, and
shall be the later of (a) the issuance of all permits required for the Work and (b) the date set
forth in the Notice to Proceed, subject to adjustments of this Contract Time as provided in the
Contract Documents.
6. Contract Amount
The total contract amount shall be One Hundred Seventy-Six Thousand One Dollars
($176,001.00), inclusive of labor, materials, and overhead, but exclusive of Owner Direct
Purchases, which may be executed by the City for tax savings purposes.
7. Payment Terms
7.1 Payment shall be made in accordance with Chapter 218, Florida Statutes (“Local
Government Prompt Payment Act”), upon receipt and approval of invoices, in the following
schedule:
• 40% upon project commencement and asphalt placement
• 30% upon completion of surfacing work; (patching + resurfacer coat).
• 20% upon final painting and striping;
• 10% upon final acceptance by the City.
All payments are contingent on City inspection and approval of completed milestones.
7.2 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.
8. Exhibits Incorporated
The following documents are attached and made part of this Agreement:
• Exhibit A – Contractor’s Response to RFP No. 25-023 (Scope of Work and Pricing)
• Exhibit B – Bid Proposal by Custom Pickleball Courts, LLC (subcontractor proposal)
• Exhibit C – Performance and Payment Bonds
• Exhibit D – Insurance Certificates and Endorsements
8.1 Contractor shall submit its invoices in the format and with supporting documentation as
may be required by City.
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9. Billing Procedure.
9.1 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 Parks and Recreation Department
Attn: Fernando Rodriguez, Director
901 NE 3rd Street
Dania Beach, Florida 33004
9.2 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.
9.2.1 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.
10. 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.
11. 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.
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12. 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. 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.
13. 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.
14. 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.
15. 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.
(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).
16. 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
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Act (OSHA).
17. 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. Contractor shall warrant all work, materials, and equipment for a period of one (1)
year from the date of final acceptance by the City. 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.
18. LEFT BLANK
19. 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.
19.1 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.
19.2 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.
19.3 Contractor’s Obligations During Construction. Prior to the Completion Date, Contractor
shall:
(A) Provide scaffolding, hoists, 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;
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(E) 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 "as
built" plans submitted by Contractor must show the square footage of each
Improvement depicted in such plans.
(F) 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.
(G) 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.
(H) 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.
(I) 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.
19.4 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
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would be reasonably known to a licensed general contractor with expertise in streetscape and
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.
19.5 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.
19.6 The provisions of this Section 19 shall be deemed a complete waiver by the Contractor of
claims for equitable adjustment in Agreement Time or Price.
19.7 Upon receipt of written notice from City of any defect in workmanship, the Contractor
shall, within seven (7) days, begin to take necessary steps to correct the defective work. This
includes the removal, replacement, or repair of the non-conforming work and any other work
damaged by the defect.
All costs associated with correcting defective work, including all labor, materials, and disposal,
shall be borne solely by the Contractor.
19.8 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 19. 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.
19.9 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,
and procedures for the processing and distribution of all documents and correspondence related
to the Agreement, among other things.
19.10 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.
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19.11 Responsibility For Work Security Contractor shall conduct all operations under the
Agreement in a manner to avoid the risk of loss, theft or damage by vandalism, sabotage or other
means. 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. Contractor
shall inspect all its Work, materials, equipment and facilities to discover and determine any such
conditions. 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.
19.12 Protection Of Work In Progress, Materials And Equipment Contractor shall be
responsible for Work in progress 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.
19.13 Protection Of Existing Property
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.
19.14 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.
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19.15 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;
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,
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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.
19.16 Safety & Protection Of Persons & Property
19.16.1 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.
19.16.2 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.
19.16.3 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.
19.16.4 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.
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19.16.5 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
19.16.6 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.
19.17 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.
19.18 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
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.
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19.19 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.
19.20 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.
19.21 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.
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20. Liquidated Damages
Liquidated Damages will be assessed. 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.
21. Staging of Material in Right-Of- Way:
21.1 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.
21.2 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 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.
21.3 The Date of Commencement is the date from which the Contract Time is measured and
shall be the later of (a) the issuance of all permits required for the Work and (b) the date set forth
in the Notice to Proceed. 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. 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.
22. Indemnification of City.
22.1 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:
(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
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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
22.2 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.
23. Environmental Matters.
23.1 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; andAny 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.
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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
(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.
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23.2 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.
23.3 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:
23.4 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.
24. 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 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.
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A. 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.
B. 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.
C. 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.
D. 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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E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
25. 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
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
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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.
26. 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.
27. Retention Of Records And Right To Access
27.1 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.
27.2 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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27.3 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.
27.4 Any compensation due to Contractor shall be withheld until all records are received as
provided in this Agreement.
27.5 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.
28. 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
29. 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.
29. Declaration of Default. The failure of the Contractor a) to supply enough properly skilled
workers or materials, or b) its failure to make prompt payments to subcontractors, or for materials
or labor, or c) to obey laws, ordinances, rules, regulations or orders of public agencies having
jurisdiction, or d) to comply in any way with the Agreement Documents, shall be sufficient
grounds for the City to find the Contractor in material default, and that sufficient cause exists to
terminate the Agreement for cause, and to withhold payment or any part thereof until the cause
or causes giving rise to the default has/have been eliminated by the Contractor and approved by
the City. If a finding of default is made by the City, the Contractor and its Surety shall remain
responsible for performance of the requirements of the Agreement Documents unless and until
the City terminates the Agreement. Upon a finding of default, the City shall set a reasonable time,
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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.
30. Termination Or Suspension Of Agreement
30.1 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.
30.2 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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30.3 Upon 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.
30.4 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.
30.5 Termination 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
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
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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.
(m) Any other reasonable costs which can be verified to be incidental to such termination of
Work, including demobilization costs.
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(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.
31. 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.
32. 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.
35. 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
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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
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.
36. 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.
37. 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
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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.
38. Notices. Except as provided above, whenever either party desires to give notice to the
other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified and the place for giving
of notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective persons and places for giving of notice:
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: Lonny Anger, President.
Merrick Industrial Management Corporation
7995 NW 110 Drive
Parkland, Florida 33076
39. Governing Law. The parties agree that this Agreement shall be construed in accordance
with and governed by the laws of the State of Florida.
40. 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.
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41. Venue; Fees.
41.1 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.
41.2 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.
42. 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.
43. 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.
44. Headings. Headings in this document are for convenience of reference only and are not to
be considered in any interpretation of this Agreement.
45. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this
Agreement and each such exhibit is incorporated by this reference.
46. 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.
47. 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.
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48. 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.
49. 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.
50. 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.
51. 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.
52. 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.
53. 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
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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.
54. 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
such material at such other location. The City shall make a reasonable effort to maintain the
confidentiality of such audit report( s).
55. 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.
56. 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.
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57. 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.
58. Time is of the Essence. Time is of the essence in the performance of all obligations of each
party under this Agreement.
59. 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.
60. 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.
61. 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.
62. 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.
35
63. 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.
64. 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.
65. 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.
66. Section. Section headings are for convenience only and do not affect the interpretation of
this Agreement.
67. 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.
68. 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.
69. 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.
70. 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.
36
71. 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.
72. 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
37
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
38
CONTRACTOR:
WITNESSES: Merrick Industrial Management
Corporation, 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 Merrick Industrial Management Corporation., 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
1
CITY OF DANIA BEACH, FLORIDA
Frost Park Sport Court Conversion Project (Re-issue)
CITY REQUEST FOR PROPOSAL (“RFP”) NO. 25-023
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Monday, August 18, 2025
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
2
Table of Contents
1. NOTICE TO PROPOSERS
2. PROPOSAL SUBMISSION
3. INSTRUCTIONS TO PROPOSERS
4. SUBMISSION OF PROPOSALS
5. QUALIFICATIONS OF PROPOSALS
6. SCOPE OF WORK
7. PROPOSAL REQUIRMENTS
8. EVALUATION CRITERIA RANKING
9. AWARD OF AGREEMENT
10. PUBLIC RECORDS
11. INSURANCE REQUIREMENTS
12. INDEMNIFICATION
13. INDEPENDENT CONTRACTOR
14. DEBARMENT AND SUSPENSION
15. SCRUTINIZED COMPANIES
16. VERFICATION OF EMPLOYMENT ELIGIBILTY
17. DELIVERIES
18. WARRANTIES
19. COPYRIGHTS OR PATENT RIGHTS
20. SAFETY STANDARDS
21. INSPECTION
22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYMENT
23. MINORITY / WOMEN’S / LABOR SURPLUS FIRMS
PARTICIPATION
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
3
24. TAXES
25. PERMITS, FEES AND NOTICES
26. PERFORMANCE
27. TERMINATION OF CONTRACT
28. TERMINATION OF CONTRACT FOR CONVENIENCE
29. TERMINATION OF CONTRACT FOR CAUSE
30. SUCCESSORS AND ASSIGNS; ASSIGNMENT; SUBLETTING
31. EMPLOYEES OF THE PROPOSER
32. OTHER GOVERNMENTAL ENTITIES
33. UNBALANCED PROPOSAL PRICING
34. INFORMATION REQUESTS AFTER DUE DATE
35. BUDGETARY CONSTRAINT
36. CONTINGENT FEES PROHIBITED
37. CONE OF SILENCE
38. SPECIAL CONDITIONS
39. PROPOSER SUBMISSIONS
Attachments:
A - _Frost_Park_Tennis_Courts_ (1)
B - Frost_Park_Resurfacing_-_Asphalt_Cut_Out
C - cw_thomas_park-submittal#24-rev-0-basketball_hoop_to_BH_2024-06-20
D - PAYMENT_BOND
E - PERFORMANCE_BOND
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
4
1. NOTICE TO PROPOSERS
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
"Frost Park Sport Court Conversion Project (Re-issue)"
25-023
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed
Bids for its “Frost Park Sport Court Conversion Project (Re-issue), 25-023”.
Bids will be accepted on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl until Monday, September 8, 2025, at 10:00 am. Bids
received after this time will be rejected.
All submissions will remain confidential and exempt from public record disclosure requirements until the
response opening is conducted.
PROJECT DOCUMENTS
Documents may be obtained from
https://procurement.opengov.com/portal/daniabeachfl/projects/188302.
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.
The City of Dania Beach reserves the right to reject any and all proposals, with or without cause, to waive any
informality in a proposal, to terminate the process or re-advertise and solicit new or additional proposals, and to
make awards in the best interest of the City.
Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or award of bid,
whichever is sooner. In the event presentations are necessary, all non-presenting bidders will be required to exit
the room during the presentations of each of the other bidders as portions of selection committee meetings at
which presentations are made are exempt from Florida’s public meeting laws.
All Proposers are advised that the City has not authorized the use of the City seal or logo by individuals
or entities responding to City bids.
CITY OF DANIA BEACH, FLORIDA
Published on: Monday, August 18, 2025
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
5
2. PROPOSAL SUBMISSION
Proposals must be submitted electronically on OpenGov, the City’s designated electronic bidding system. All
bid document files must be clearly labeled 25-023 Frost Park Sport Court Conversion Project (Re-issue)
Pursuant to Florida law, all Proposals to this RFP are exempt public records until thirty (30) days after opening,
or award of Proposal, whichever is sooner. In the event presentations are necessary, all responders will be
required to exit the room during the presentations of the other responders as portions of selection committee
meetings at which presentations are made are exempt from Florida’s public meeting laws.
Proposals will be publicly opened and read aloud on Monday, September 8, 2025, at 10:00 am using the Zoom
or Microsoft Teams online meeting platform. Below you will find the link to access this meeting on the above
referenced date and time in the
Release Project Date: August 18, 2025
Question Submission Deadline: September 1, 2025, 3:00pm
Proposal Submission Deadline: September 8, 2025, 10:00am
Bid Opening Link: https://teams.microsoft.com/l/meetup-
join/19%3ameeting_YmI3ODJlOGItMWVk
Ni00OTMyLWE3MWUtZDM3NmIzYTll
MzJi%40thread.v2/0?context=%7b%22Tid
%22%3a%226495b0d2-76aa-4ce0-8735-
1233202a940c%22%2c%22Oid%22%3a%2
23028fa4d-0599-4312-97cf-
3d95ed366f47%22%7d
Award of Contracts for the Proposals will be made at a subsequent City Commission meeting.
All Proposers are advised that the City has not authorized the use of the City seal by individuals or entities
responding to City Proposals.
The City Commission of the City of Dania Beach reserves the right to reject any and all Proposals, to waive any
informality in a Proposal and to make an award in the best interests of the City.
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
6
3. INSTRUCTIONS TO PROPOSERS
The following instructions are given for the purpose of guiding Proposers in properly preparing their Proposals.
These directions have equal force and weight with the specifications and strict compliance is required with all of
these provisions.
3.1 Qualifications of Proposers
No Proposal will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City
of Dania Beach, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to
the City, or who is deemed irresponsible or unreliable by the City Commission of Dania Beach. Minority, women-
owned, and labor surplus area businesses and firms are encouraged to submit Proposals.
3.2 Personal Investigation
Proposers shall satisfy themselves by personal investigation and by such other means as they may think necessary
or desirable, as to the conditions affecting the proposed work and the cost. No information derived from maps,
plans, specifications, or from the City staff or their assistants shall relieve the Contractor from any risk or from
fulfilling all terms of the contract. Before submitting a Proposal, each Proposer must visit the site (if applicable
to the project) to become familiar with the facilities and equipment that may in any manner affect cost or
performance of the work; must consider federal, state and local laws, ordinances, rules and regulations that may
in any manner affect cost or performance of the work, must carefully compare the Proposer's observations made
during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the
Project Contact person of all conflicts, errors and discrepancies, if any, in the Proposal Documents.
The Proposer, by and through the submission of a Proposal, agrees that Proposer shall be held responsible for
having examined the facilities and equipment (if applicable); is familiar with the nature and extent of the work
and any local conditions that may affect the work, and is familiar with the equipment, materials, parts and labor
required to successfully perform the work.
3.3 Inconsistencies
Any seeming inconsistency between different provisions of specifications, Proposal or contract, or any point
requiring explanation must be inquired into by the Proposer, in writing, at least ten (10) days prior to the time set
for opening Proposals. After Proposals are opened, the Proposers shall abide by the decision of the City Manager
or designee as to such interpretation.
3.4 Conflict of Interest
The award of any contract under this RFP is subject to the provisions of Chapter 112, Florida Statutes. Proposers
must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is
also an officer or employee of City or any of its agencies. Further, all Proposals must disclose the name of any
officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the
Proposer's firm or any of its branches or affiliate companies.
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Request For Proposal (“RFP”) No. 25-023
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3.5 Legal Conditions
Proposers are expected to familiarize themselves with the provisions of the laws of the United States and State of
Florida, and with the provisions in the Charter and the ordinances of the City of Dania Beach.
3.6 Forms and Proposals
Proposals will be received until Monday, September 8, 202510:00 am by submission to OpenGov. Each Proposal
and its accompanying statements must be made on the blanks provided. The forms must be submitted in good
order and with all the blanks filled in.
3.7 Proposal Bond
A certified check, cashier's check, or bank officer's check, or RFP bond for the sum of TEN THOUSAND
DOLLARS ($10,000.00), made payable to the City of Dania Beach, Florida, or Proposal bid bond in such amount,
shall accompany each Proposal as evidence of the good faith and responsibility of the Proposer. The check or
bond shall be retained by the City as liquidated damages should the Proposer refuse to or fail to enter into a
Contract for the execution of the work embraced in this Proposal, in the event the Proposal of the Proposer is
accepted. Retention of such amount shall not be construed as a penalty or forfeiture.
The above bond or check shall be a guarantee that the Proposer will, if necessary, promptly execute a satisfactory
Contract and furnish good and sufficient bonds. As soon as a satisfactory Contract has been executed and the
bonds furnished and accepted, the check or bond accompanying the Proposal of the successful Proposer will be
returned to it. The certified or other checks or bid bonds of the unsuccessful Proposers will be returned to it upon
the acceptance of the Proposal of the successful Proposer. If the successful Proposer shall not enter into, execute,
and deliver such a Contract and furnish the required bonds within ten (10) days after receiving notice to do so,
the certified or other check or bid bond shall immediately become the property of the City of Dania Beach as
liquidated damages. Retention of such amount shall not be construed as a penalty or forfeiture.
3.8 Filling in Proposals
All prices must be typed in the Proposal and also stated in words, and all Proposals must fully cover all items for
which Proposals are asked and no other. Proposers are required to state the names and places of residence of all
persons interested, and if no other person is interested, the Proposer shall distinctly state such fact and shall state
that the Proposal is, in all respects, fair and without collusion or fraud. Where more than one person is interested,
it is required that all persons interested, or their legal representative disclose such fact in writing to the City.
3.9 Proposals Firm for Acceptance
Proposer warrants, by virtue of proposing, that the Proposal and the prices quoted in the Proposal will be firm for
acceptance by the City for a period of one hundred twenty (120) days from the date of Proposal opening.
3.10 Withdrawals
Any Proposer may, without prejudice, withdraw a Proposal at any time prior to the expiration of the time during
which Proposals may be submitted. Such request for withdrawal must be in writing and signed in the same
manner and by the same person who signed the Proposal. After expiration of the period for receiving Proposals,
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
8
no Proposal can be withdrawn, modified, or explained. Should Proposer withdraw its Proposal after expiration of
the period for receiving Proposals, its bond shall be retained by the City.
3.11 Causes for Rejection
No Proposal will be canvassed, considered, or accepted which, in the opinion of the City Manager, 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. Any alteration, erasure, interlineations, or failure to specify Proposals for
all items called for in the schedule shall render the Proposal informal.
3.12 Rejection of Proposals
To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any
and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the
Successful Proposer, and to disregard all nonconforming, non-responsive, unbalanced or conditional Proposals.
Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form,
additions not called for, conditions or unauthorized alterations, or irregularities of any kind. The City Commission
reserves the right to reject any Proposal if the evidence submitted by the Proposer, or if the investigation of such
Proposer, fails to satisfy the City that such Proposer is properly qualified to carry out the obligations and to
complete the work contemplated. Any or all Proposals will be rejected, if there is reason to believe that collusion
exists among Proposers. A Proposal will be considered irregular and may be rejected, if it shows serious
omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of
any kind. The City of Dania Beach reserves the right to reject any and all Proposals, to waive any and all
informalities and irregularities, and to accept or reject all or any part of any Proposal as they deem to be in the
best interest of the citizens of the City of Dania Beach, or the City may reject Proposals and re-advertise.
3.13 RFP Protest Procedure
After a Notice of Intent to Award a contract is posted, any actual or prospective manufacturer or distributor
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 P.M. 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 written protest, together with an RFP Protest Bond, is both timely received by the City Manager’s Office.
An RFP Protest Bond is to compensate the 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. The amount of the RFP Protest Bond shall be one percent (1%) of the amount of the pending award for
which the bidder is protesting, or five thousand dollars ($5,000.00), whichever is less.
3.14 Protest Committee
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
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
9
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 all appropriate steps be taken to remedy it.
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 then determines that the award of the contract is necessary without delay 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.
3.15 Award of Proposal
The City Commission will award the Proposal to the most responsible and responsive lowest price Proposer that
meets the qualifications identified in Section 1.1, entitled Qualification of Proposers. The Contractor awarded the
Proposal must have satisfactory references.
3.16 Agreement
The Proposer(s) to whom or to which an award is made shall execute a written agreement to do the work in the
form attached to this RFP. The award may be canceled by the City Commission and awarded to the next lowest
priced responsible and responsive Proposer. If this occurs, such Proposer shall fulfill every stipulation as if it
were the original party to whom or to which an award was made. The Agreement will include specific insurance,
performance bond, and indemnification requirements as set forth in the attached specifications. Proposers must
submit any questions, issues, or concerns with the terms, language or both in the attached Agreement by the
deadline for submitting requests for interpretations.
3.17 Payment
Payment will be made when all work is completed to the satisfaction of the City Manager or designee. Successful
Proposer shall submit invoices regularly, for no more than 30-day periods, as work progresses.
3.18 Audit of Contractor's Records
Upon execution of the Contract, the City reserves the right to conduct any necessary audit of the Proposer's
records. Such an audit, or audits, may be conducted by the City or its representatives at any time prior to final
payment, or thereafter, for a period up to three (3) years. 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. The City may also require submittal of the records, at no cost to the City, from the Proposer, any
subcontractor, or both. For the purpose of this Section, records shall include all books of account, supporting
documents and papers deemed necessary by the City to assure compliance with the Contract provisions.
Failure of the Proposer or subcontractor to comply with these requirements may result in disqualification or
suspension from bidding or proposing for future contracts or disapproval as a subcontractor at the option of the
City. The Proposer shall assure that a subcontractor will provide access to its records pertaining to the services
upon request by the City.
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
10
3.19 Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352 (as amended)
Contractors who apply or submit a Proposal for an award of $100,000.00 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award.
Such disclosures are forwarded from tier to tier up to the recipient.
3.20 City
Failure by City to respond to an inquiry shall not excuse late or incomplete submissions
3.21 Lobbyists
Pursuant to Broward County Ordinance 2011-19, Lobbyists, and any of their principals or employers attending
such meeting, are required to complete a Contact Log contemporaneously with a lobbyist meeting. City of Dania
Beach Code of Ordinances, Article XI, “Lobbyist Regulations,” Sections 2-231 through 2-234 require Lobbyists
to register with the City PRIOR to engaging in lobbyist activities within the City. Contact with personnel of the
City of Dania Beach other than the City Clerk or designated representative regarding the RFP shall be grounds
for elimination and disqualification from the selection process.
3.22 Omission of Details, Variances and Exceptions
The apparent silence of the requirements as to any detail, or the apparent omission of a detailed description
concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail, and that
only material and workmanship of the finest quality is to be used. All interpretations of the specifications shall be
made on the basis of this statement. Omission of any essential details from these specifications will not relieve
the Proposer of supplying such services or product(s) as specified.
For the purpose of evaluation, the Proposer must indicate any variance or exceptions to the stated requirements,
no matter how slight. Deviations should be explained in detail. Absence of variations, corrections or both will be
interpreted to mean that the Proposer meets all the requirements in every respect.
3.23 Cost and Compensation
Shall be shown in both unit prices and extensions whenever applicable, and expressed in U.S. Dollars. In the
event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. All costs
and compensation shall remain firm and fixed for acceptance for 120 calendar days after the day of the Proposal
opening. The Proposal price shall include all franchise fees, royalties, license fees, etc., as well as all costs for
transportation or delivery as applicable within the scope of the solicitation.
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
11
3.24 Performance Bond and Insurance
Upon award of a contract, the Successful Proposer, as required within the scope of the solicitation, may be
required to submit performance bonds, payment bonds or both. Proposer shall provide certificates of insurance in
the manner, form and amount(s) specified.
3.25 Addenda and Interpretations
Any interpretations, clarifications or additional information not disclosed in this RFP and determined to be
necessary by the City in response to Proposer’s questions will be issued by means of addendum or addenda,
which addendum or addenda will be posted to the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl, for all interested persons identified by the City as having
received the RFP. The Proposers are required to check the site to see if there has been any addendum or
addenda posted regarding this RFP. 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.
A. All questions requiring clarification or interpretation of the RFP documents shall be made in writing and
shall be delivered to the City by Monday, September 1, 2025 , 3:00 pm
B. Any modification or interpretation of the RFP documents lies within the sole and exclusive judgment of
the City or its Consultant, if so authorized by City, and shall be made in writing in the form of an
Addendum or Addenda to all those who or which are recorded by the City, as having obtained a
complete set of the RFP documents.
C. Interpretations or modifications of the RFP documents made in any manner other than an Addendum or
Addenda issued by the City shall not be binding. All updates, clarifications, or modifications to the RFP
shall be issued via written Addendum or addenda and shall be provided to all Proposers.
D. A Proposer, prior to submitting its Response, shall ascertain in writing that it has received any
Addendum or all Addenda issued for the services.
E. Costs for those matters not questioned and not addressed in an Addendum or Addenda shall be the
responsibility of the Proposer, and Proposer shall be responsible to include such costs in the RFP.
3.26 Non-Collusion Affidavit
Each Proposer shall complete the Non-Collusive Affidavit form and shall submit the form with their Proposal.
City considers the failure of the Proposer to submit this document may be cause for rejection of the Proposal.
3.27 Public Entity Crimes
Each Proposal shall complete the Public Entity Crimes form. In accordance with Florida Statutes §287.133 (2)(a):
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit
a Proposal on a contract with a public entity for the construction or repair of a public building or public work,
may not submit Proposals on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
12
business with any public entity in excess of the threshold amount provided in Florida Statutes §287.017 for
Category Two, for a period of 36 months from the date of being placed on the convicted vendor list.
3.28 All Proposals
All Proposals must be submitted electronically on OpenGov.” The Proposal must be signed by one duly
authorized to do so, and in case signed by a deputy or subordinate, the Proposer’s principal's properly written
authority to such deputy or subordinate must accompany the Proposal. No Proposal will be accepted, for any
reason whatsoever, which is not submitted as stated above, within the specified time. Any uncertainty regarding
the time a Proposal is received will be resolved against the Proposer.
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4. SUBMISSION OF PROPOSALS
A. Proposals must be typed or legibly printed in blue ink. Use of erasable ink is not permitted. All
corrections to prices made by the Proposer should be initialed.
B. All Proposals shall be submitted in the English language, and pricing expressed in U.S. Dollars.
C. Proposals must contain a manual signature of a corporate officer or designee with the proven authority
to bind the Proposer. The address and telephone number for any communications regarding the Proposal
must be included.
D. Proposals shall contain an acknowledgment of receipt of all addenda.
E. Proposals by corporations must be executed in the corporation’s legal name by the President or other
corporate officer, accompanied by evidence of authority to sign. Evidence of authority shall be provided
on the enclosed Certified Resolution form, or by the company’s own Corporate Resolution.
F. Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title
must appear under the signature.
G. Proposals shall be submitted to the Procurement Division on or before the time indicated in the Request
for Proposals by the methods described above. City Clerk’s Office staff is not responsible for the
premature opening of a Proposal that is not identified.
H. In accordance with Florida Statutes, Chapter §119.07(1)(a) and except as may be provided by other
applicable state and federal law, the Request for Proposals and the responses to it are in the public
domain. However, Proposers are requested to specifically identify in the submitted Proposal any
financial information considered confidential, proprietary or both which may be considered exempt
under Florida Statute §119.07(t).
I. All Proposals received from Proposers in response to the Request for Proposals will become the
property of City and will not be returned. In the event of Contract award, all documentation produced as
part of the Contract shall become the exclusive property of City.
J. The Proposer preparing a submittal in response to this RFP shall bear all expenses associated with its
preparation. The Proposer shall prepare a submittal with the understanding that no claim for
reimbursement shall be submitted to the City for the expense of Proposal preparation, presentation, or
both.
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5. QUALIFICATIONS OF PROPOSALS
A. Each Proposer shall complete the Proposal’s Qualifications Statement and submit the form with the
Proposal. Failure to submit the Proposer’s Qualifications Statement and the documents required under it
may constitute grounds for rejection of the Proposal.
B. As a part of the evaluation process, the City may conduct a background investigation including a
criminal record check of Proposer’s officers and employees, by the Broward County Sheriff’s Office.
Proposer’s submission of a Proposal constitutes acknowledgement of and consent to such investigation.
City shall be the sole judge in determining Proposer’s qualifications.
C. No Proposal shall be accepted from, nor will any contract be awarded to, any person who is in arrears to
City for any debt or contract, or who is a defaulter, as surety or otherwise, of any obligation to City, or
who is deemed irresponsible or unreliable by City. City will be the sole judge of such determination.
The City reserves the right to make a pre-award inspection of the Proposer's facilities and equipment
prior to award of Contract.
D. Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of
the City. The Proposer shall supply competent and physically capable employees. The City may require
the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise
objectionable. Proposer shall be responsible to the City for the acts and omissions of all employees
working under its directions.
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6. SCOPE OF WORK
6.1 SCOPE
A. The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking proposals from qualified
firms for Frost Park Sport Court Conversion Project (Re-issue)”. The purpose of this project is
to resurface and upgrade the sport-court facilities at Frost Park. The project encompasses full
resurfacing of courts and replacement of any sub-surface areas found to be unstable or deteriorated. The
entire court area will need to be sealed, and all cracks will need to be filled prior to resurfacing. In
addition, the construction of two (2) regulation tennis courts, six (6) pickleball courts, and one (1) full
basketball court within the existing court footprint and improvements to adjoining pedestrian pathways
and perimeter fencing.
B. Existing Site Conditions: Frost Park currently includes:
Two (2) dedicated tennis courts
One (1) tennis court also used as a temporary pickleball court
One (1) narrow basketball court
One (1) handball court
C. The proposed construction will occur in the same general location within the park where these current
courts exist.
D. Proposer Responsibilities:The selected vendor shall provide all necessary labor, materials, equipment,
permitting, and services to complete the project. The scope includes but is not limited to:
1. Conceptual Design Services:
Develop and submit a conceptual design. This is a request of a basic conceptual site plan, not
detailed architectural drawings.
Design must consider functionality, accessibility, aesthetics, safety, and durability.
Designs must incorporate ADA-compliant access and circulation pathways
2. Construction Services:
a. Demolition and Site Preparation
• Removal of existing courts and related infrastructure
• Grading and site preparation to support new construction.
b. Construction of New Courts.
• Two (2) Tennis Courts
• Six (6) Pickleball Courts
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• One (1) Basketball Court
E. Additional Site Features:
1. Connecting Pathways
ADA-compliant asphalt pathways to provide pedestrian access to each court
2. Fencing:
Installation of fencing systems to section off courts and control access
Fencing shall be durable and suited for high-use recreational areas.
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7. PROPOSAL REQUIRMENTS
Proposers shall, as a minimum, include the following information with the submittal of its Proposal.
A. Executive Summary Summarize the business entity, its background, main office(s), and office location
that will service this contract. Identify the officers, principals, supervisory staff and key individuals who
will be directly involved with the work and their office locations. The executive summary should also
summarize the key elements of the proposal.
B. Relevant Project Experience Indicate the firm’s number of years of experience in providing the
services as it relates the work contemplated. Provide details of past projects, specifically those involving
historic properties.
C. Approach Provide in concise narrative form, your understanding of the City's needs, goals and
objectives as they relate to the project, and your overall approach to accomplishing the project. Give an
overview on your proposed vision, ideas and methodology. Describe your proposed approach to the
project to include:
As a part of the response, any design plan or mockups shall be presented to the City for approval. for use in
providing services to the City. Additionally, include a timeline for effectively managing and executing the work
in optimum time. The City, at its discretion may allow for time extensions for unforeseen and unexpected
delays. Also provide information on your firm’s current workload and how this project will fit into your
workload.
D. Capabilities Describe available facilities, technological ability and other available resources you offer for
the project.
E. References Provide names, addresses, and telephone numbers of five (5) references who are capable of
explaining and confirming the firm’s capacity to successfully complete the Services sought in this RFP.
F. Pricing Provide a cost estimate for the Services to be provided based on the Scope of Services and the firm’s
proposed approach to the project.
• Summary of Documents To Be Submitted With Proposals. The following is a summary of
documents required to be submitted for this Proposal. Failure to include a technical Proposal, cost
Proposal, Proposal surety (if required below), or any other document that, by its omission, may
prejudice the rights of other possible Proposers or respondents, may result in immediate rejection of a
Proposal.
The Forms are as follows:
o Proposer’s Qualifications
o Public Entity Crimes Form (must be notarized)
o Non-Collusion Affidavit (must be notarized)
o Drug-Free Workplace Certification
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o Acknowledgement of Addenda
o References
o Certification to Accuracy of Proposal (must be notarized)
o Affidavit of Compliance with Anti-Human Trafficking Laws (must be notarized)
o General Certificate of Insurance (COI)
• Other forms or documents which, by their nature do not impact price or the Proposer’s cost of doing
business should accompany the Proposal; but must be provided within three (3) business days of the
City’s request to be considered responsive.
The City reserves the right to request the most recently completed audited financial statement, or other
approved documentation to verify financial viability
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8. EVALUATION CRITERIA RANKING
Evaluation of the responses will be conducted by an Evaluation Committee composed of City staff, or other
people selected by the City Manager or designee. Responsive proposals shall be evaluated based upon the
information and references contained in the responses submitted. The Evaluation Committee will evaluate all
qualified, responsive proposals at duly advertised public evaluation meetings in accordance with Florida law.
Proposers with the highest-ranked submittals may be asked to make a detailed presentation of their
product/service to the Evaluation Committee.
The City will utilize a Best Value Scoring process when evaluating proposals. The Best Value Scoring will
require the Evaluation Committee to assign a composite score rank, based on the Committee's determination of
the relative overall value of the Proposer's response. Composite scores will rank responses from 1 (1st place), 2
(2nd place), and so on, for the total number of responses under consideration. The Evaluation Committee will
evaluate and rank responsive, qualified Proposals received on the basis of the criteria below:
# CRITERIA
1 Firm Qualifications: Experience in field, workload of current
projects.
2 Approach: Understanding the scope of work, ability to comply
with the full scope of work, technical soundness of Proposal.
3 Price Proposal: Estimated total cost of project
4 References
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9. AWARD OF AGREEMENT
Award shall be made by the City to the responsible Proposer whose Proposal is determined to be the most
advantageous to the City, taking into consideration price and the evaluation criteria set forth below. The City of
Dania Beach reserves the right to accept the Proposal as a whole, or for any component of it if it appears to be
in the best interest of the City
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10. PUBLIC RECORDS
If selected, the following will apply:
A. Proposer agrees to keep and maintain public records in Proposer’s possession or control in connection
with Proposer’s performance under the Agreement. Proposer additionally agrees to comply specifically
with the provisions of Section 119.0701, Florida Statutes. Proposer 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 Agreement, and following completion of the
Agreement until the records are transferred to the City.
B. Upon request from the City custodian of public records, Proposer 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.
C. 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 Agreement are and shall remain the
property of the City.
D. Upon completion of the Agreement or in the event of termination by either party, any and all public
records relating to the Agreement in the possession of the Proposer shall be delivered by the Proposer to
the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by
Proposer 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
Agreement, the Proposer shall destroy any and all duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements.
E. Any compensation due to Proposer shall be withheld until all records are received as provided in this
RFP.
F. Proposer’s failure or refusal to comply with the provisions of this section shall result in the immediate
termination of the Agreement by the City.
G. Section 119.0701(2)(a), Florida Statutes IF THE PROPOSER HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE
PROPOSER 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: 954-924-9800, Ext. 3623
Email: eriera@daniabeachfl.gov
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11. INSURANCE REQUIREMENTS
Insurance
11.1 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
omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible
amounts.
D. Commercial General Liability
1. Limits of Liability (Minimum)
Bodily Injury & Property Damage Liability
Each Occurrence $1,000,000
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Policy Aggregate $2,000,000
Personal & Advertising Injury $1,000,000
Products & Completed Operations $1,000,000
2. Endorsements Required – Include in body of COI and/or Description of Operations
Annual Aggregate shall apply “Per Project/Job”, if available
Waiver of Subrogation in favor of the City, if available
Insurance shall apply on a primary and non-contributory basis
“The City of Dania Beach, Florida” is included as “Additional Insured”
If Vendor’s Insurance includes coverage for with an “As Required by Written
Agreement/Contract” provision, then the following must be in place to establish such written
agreement and trigger coverage:
o An executed written contract between the City and Vendor including these requirements;
OR
o Statement on a Purchase Order or Invoice or other attachment thereof which includes the
following verbiage:
“Vendor will provide proof of General Liability insurance with Limits of $1,000,000 Per
Occurrence/$2,000,000 General Aggregate. City is included as Additional Insured.”
E. Business Automobile Liability
1. Limits of Liability (Minimum)
Bodily Injury and Property Damage
Combined Single Limit $1,000,000
Any Auto/Owned Autos or Scheduled Autos
Including Hired and Non- Owned Autos
Any One Accident
2. Endorsements Required-Include in body of COI and/or Description of Operations
City of Dania Beach included as an additional Insured if appropriate and available
F. Workers’ Compensation / Employers’ Liability
1. Workers Compensation Limits: Statutory - State of Florida
Waiver of Subrogation in favor of City, if available
2. Employers Liability Limits:
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$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limitWorkers Compensation must be
provided for all persons fulfilling this contract, whether employed, contracted, temporary or
subcontracted.Contractor(s) must be in compliance with all applicable state and federal workers’
compensation laws, including US Longshore and Harbor Workers Compensation Act, Jones Act
(maritime), Federal Employers Liability Act (railroad), etc.In no event shall Vendor be permitted
to utilize in the execution of this agreement, the following:
i. any employee, subcontractor or subcontractor employee that is exempted or purported to
be exempt from Workers’ Compensation insurance coverage; or
ii. any employee, subcontractor or subcontractor employees who will be covered by an
employee leasing arrangement
G. Umbrella/Excess Liability (Excess Follow Form) can be utilized to provide the required limits.
Coverage shall be “following form” and shall not be more restrictive than the underlying insurance
policy coverages, including all special endorsements and City as Additional Insured status. Umbrella
should include Employer’s Liability.
H. Other Conditions Required:
Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all
subcontractors comply with all insurance requirements.
Cancellation Requirements: Required insurance shall always be maintained while vendor is on or
utilizing City premises. The above policies shall provide the City of Dania Beach with 10 days’
written notice of cancellation or material change from the insurer. If the policies do not contain
such a provision, it is the responsibility of the Contractor to provide such notice.
Notice Requirements: If an insurable incident occurs while vendor is engaged in a City project,
notification to the City is required.
Insurance Carrier Financial Stability Requirements:
Insurance must be provided by companies authorized to do business in the State of Florida. City
reserves the right but not the obligation to reject any insurer providing coverage due to poor or
deteriorating financial condition.
• The Company must be rated no less than “A-” as to management, and no less than “Class
VII” as to financial strength, by the latest edition of Best Insurance Guide published by A.M.
best Company, or its equivalent. All policies or certificates of insurance are subject to review
and verification by Risk Management. If a company is downgraded during the agreement
term, Vendor shall notify the City.
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Certificates of Insurance/Verification of Coverage: Proof of the required insurance must reflect
all required insurance above will be furnished by Vendor to the City of Dania Beach Human
Resources Department by Certificate of Insurance within 5 days of notification of award. All
certificates (and any required documents) must be received and approved by Human Resources
before any work commences to permit Vendor time to remedy any deficiencies.
• Valid Certificates verifying coverage is in force as required above must be on file with the
City at all times during contract. If the policies renew during the term of the Contract,
updated Certificates verifying coverage is in force shall be submitted to the City within 10
days of expiration. Contractor and/or any Subcontractor shall not perform or continue to
work pursuant to this agreement, unless all coverages remain in full force and effect; work
delay is subject to provisions in this agreement. If vendor fails to provide proof of insurance
within 7 days of City’s receipt of notice at any time during this agreement, the City shall
have the right to consider the agreement breached and therefore terminated.
• A copy of Additional Insured Endorsement or other endorsements may be attached to the
Certificate.
o Notices/ Certificate Holder: City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
o City of Dania Beach CRA (If Applicable)
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Email: Wayne Fletcher, Risk Manager
The City of Dania Beach, Florida reserves the right to review/revise, reject or accept any required policies of
insurance, including limits, coverages or endorsements, herein at the time of the insurance submission.
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12. INDEMNIFICATION
GENERAL INDEMNIFICATION: 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, their agents,
elected officials and employees from and against all claims, actions, liabilities, losses (including economic
losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or
destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss
arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or
omission of the Contractor, any sub-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; or b). violation of law,
statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by
Contractor in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub-
contractor under Workers’ Compensation acts; disability benefit acts, other employee benefit acts or any
statutory bar. Any cost of expenses, including attorney fees, incurred by the City to enforce this agreement shall
be borne by the Contractor. Without limiting the foregoing, any and all such claims, suits, etc., relating to
personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement
of any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any
actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree
of any court, is included in the indemnity. Successful Proposer further agrees to investigate, handle, respond to,
provide defense for, and defend any such claims, etc., at its sole expense and agrees to bear all other related
costs and expenses, even if the claim(s) is groundless, false, or fraudulent. Pursuant to Section 725.06, Florida
Statutes, the indemnification required by this Section is limited to $1,000,000.00, which the parties agree bears
a reasonable commercial relationship to the Agreement. In case of injury to persons, animals, or property, real
or personal, by reason of failure to erect or maintain proper and necessary barricades, safeguards, and signals or
by reason of any negligence of any Successful Proposer, or any of the Successful Proposer’s agents, servants, or
employees during the performance of the work before the estimates have become due under this Agreement, the
City may, through its officials, withhold such payments as long as it may deem necessary for the indemnity of
the City, provided that the failure to pay the same shall not be construed or considered as a waiver of the
indemnity as hereinabove set forth.
The parties recognize that various provisions of this Agreement, including but not necessarily limited to this
Section, provide for indemnification by the Contractor and that Section 725.06, Florida Statutes, requires a
specific consideration to be given. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00),
receipt of which is acknowledged and agreed upon, is the specific consideration for such indemnities, and the
providing of such indemnities is deemed to be part of the specifications with respect to the services to be
provided by Contractor. Furthermore, the parties understand and agree that the covenants and representations
relating to this indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
Upon completion of all Services, obligations and duties provided for in the Agreement, or in the event of
termination of the Agreement for any reason, the terms and conditions of this provision shall survive
indefinitely.
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The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in
connection with the foregoing indemnifications including, but not limited to, reasonable attorney fees (including
appellate attorney fees) and costs.
The Successful Proposer shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in
connection with the foregoing indemnifications including, but not limited to, reasonable attorney fees (including
appellate attorney's fees) and costs. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful
Proposer under the indemnification agreement. Nothing contained in this RFP is intended nor shall it be
construed to waive City's rights and immunities under the common law or Florida Statute Section 768.28 as
amended from time to time.
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13. INDEPENDENT CONTRACTOR
An Agreement resulting from this solicitation does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor under the Agreement and
not the City’s employee for any purposes, including but not limited to, the application of the Fair Labor
Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security
Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute
discretion in the judgment of the manner and means of carrying out Contractor’s activities and responsibilities
under this RFP provided, further that administrative procedures applicable to services rendered under any
potential Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City,
State, or United States policies, rules or regulations relating to the use of Contractor’s funds provided for in this
document. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full
opportunity to find other business, that it has made its own investment in its business, and that it will utilize a
high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will not be liable for any
obligation incurred by Contractor, including but not limited to unpaid minimum wages, overtime premiums or
both.
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14. DEBARMENT AND SUSPENSION
Contractors are subject to the debarment and suspension regulations implementing Executive Order 12549,
Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R.
Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non-procurement
Debarment and Suspension). These regulations restrict awards, sub-awards, and contracts with certain parties
that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance
programs and activities. See 2 C.F.R. Part 200, Appendix II, I; and Chapter IV,6. d and Appendix C, 2. A
contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list
maintained by the General Services Administration that contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530;
Chapter IV,6. d and Appendix C,2. d. In general, an "excluded" party cannot receive a federal grant award or a
contract within the meaning of a "covered transaction," to include sub-awards and subcontracts. This includes
parties that receive federal funding indirectly, such as contractors to recipients and sub-recipients. The key to
the exclusion is whether there is a "covered transaction," which is any non-procurement transaction (unless
excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts
awarded by the federal government for purposes of the non-procurement common rule and Department of
Homeland Security’s implementing regulations, it does include some contracts awarded by recipients and sub-
recipient.
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15. 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.
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16. VERFICATION OF EMPLOYMENT ELIGIBILTY
Contractor represents that Contractor and each Sub-contractor 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.
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17. DELIVERIES
Any item requiring delivery by the Proposer or by sub-contractors shall be delivered F.O.B. destination to a
specific City address. All delivery costs and charges must be included in the Proposal price. If delivery of an
item is required, the City reserves the right to cancel the delivery order(s) or any part of it, without obligation if
delivery is not made at the time specified in the Proposal.
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18. WARRANTIES
A. Successful Proposer warrants to City that the consummation of the work provided for in the Contract
documents will not result in the breach of any term or provision of, or constitute a default under any
indenture, mortgage, contract, or agreement to which Successful Proposer is a party.
B. Successful Proposer warrants to City that it is not insolvent, it is not in bankruptcy proceedings or
receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or
administrative proceedings or investigations of any kind which would have an adverse effect on its
ability to perform its obligations under the Contract.
C. Successful Proposer warrants to City that it will comply with all applicable federal, state and local laws,
regulations and orders in carrying out its obligations under the Contract.
D. All warranties made by Successful Proposer together with service warranties and guarantees shall run to
City and the successors and assigns of City.
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19. COPYRIGHTS OR PATENT RIGHTS
The Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing,
producing or selling the goods shipped or ordered, if any, as a result of this Proposal. The seller agrees to hold
the City harmless from all liability, loss or expense occasioned by any such violation.
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20. SAFETY STANDARDS
The Proposer warrants that the product(s) supplied to the City shall conform in all respects to the standards set
forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter
442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-
41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a
completed Material Safety Data Sheet (MSDS).
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21. INSPECTION
The City shall have the right to inspect any materials, components, equipment, supplies, services or completed
work specified in this RFP. Any of the items not complying with these specifications are subject to rejection at
the option of the City. Any items rejected shall be removed from the premises of the City or replaced at the
entire expense of the successful Contractor.
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22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any
employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or
disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its
subcontractors are treated during employment, without regard to their race, color, sex, pregnancy, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or
expression, or disability if qualified. Such actions must include, but not be limited to, the following:
employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and
applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. The Contractor further agrees that it will ensure that all subcontractors, if any, will be
made aware of and will comply with this nondiscrimination clause.
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23. MINORITY / WOMEN’S / LABOR SURPLUS FIRMS PARTICIPATION
The City of Dania Beach, in accordance with the requirements as stated in C.F.R. 200.321 encourages the active
participation of minority businesses, women’s business enterprises and labor surplus area firms as a part of any
subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that
contractor is required to take the affirmative steps listed in items (1) through (5) below.
A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists.
B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources.
C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises.
D. Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises; and using the services and assistance, as
appropriate, of such organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce.
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24. TAXES
Successful Proposer shall pay all applicable sales, consumer use and other similar taxes required by law. The
City of Dania Beach is exempt from all federal, state, and local taxes. An exemption certificate will be provided
where applicable upon request.
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25. PERMITS, FEES AND NOTICES
Successful Proposer shall secure and pay for all permits and fees, licenses and charges necessary for the proper
execution and completion of the work, if applicable. The costs of all permits, fees, licenses and charges shall be
included in the Price Proposal except where expressly noted in the specifications.
During the performance of the Contract, there may be times when the Contractor will be required to obtain an
Owner permit for such Work, or in connection with the items or services. It is the responsibility of the Contractor
to insure that it has the appropriate Owner permits as may become necessary during the performance of the
Contract. Any fees related to the Owner required permits in connection with the Contract will be the sole
responsibility of the Contractor. Licenses, permits, and fees that may be required by Broward County, state or
federal entities are not included in the above list.
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26. PERFORMANCE
Failure on the part of the Proposer to comply with the conditions, terms, specifications and requirements of the
Proposal shall be just cause for cancellation of the Proposal award. The City may, by written notice to the
Proposer, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The
City shall be the sole judge of nonperformance.
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27. TERMINATION OF CONTRACT
If the successful Proposer fails to provide the Services or shall in any other manner commit a breach of the contract
and fails to remedy the same within five (5) calendar days after written notice from the City, the City may
terminate the contract resulting from the RFP without any further notice to the Proposer. City representatives
will review the Services periodically to assure that the requirements of the contract are being met. If any portion
of the Services are unsatisfactory, the Proposer shall be contacted, and the discrepancies corrected at no additional
cost to the City.
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28. TERMINATION OF CONTRACT FOR CONVENIENCE
The contract may be terminated for convenience by City upon fifteen (15) days’ advance written notice to
Proposer (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, the Proposer shall be paid for all acceptable Services performed
prior to termination and shall not be entitled to any other costs, fees or payments.
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29. TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the Proposer shall fail to fulfill in a timely and proper manner its obligations under the
contract, or if the Proposer shall violate any of the provisions of the contract, the City may upon written notice to
the Proposer, terminate the right of the Proposer to proceed under the contract, or as to such part or parts of the
contract for which there has been a default, and may hold the Proposer 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 Proposer under the contract shall, at the option of the City become the City's property and the
Proposer shall be entitled to receive equitable compensation for any Services completed to the satisfaction of the
City. The Proposer, however, shall not be relieved of liability to the City for damages sustained by the City by
reason of any breach of the contract by the Proposer, and the City may withhold any payments to the Proposer
for the purpose of set-off until such time as the amount of damages due to the City from the Proposer can be
determined
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30. SUCCESSORS AND ASSIGNS; ASSIGNMENT; SUBLETTING
The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and legal
representatives to the contract. Neither party to the contract shall assign it or sublet it or any portion of it, without
the advance written consent of the other.
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31. EMPLOYEES OF THE PROPOSER
A. Proposers shall only designate employees who are sufficiently skilled to provide the required services
specified in the RFP. 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 the Services, or who appears to be
disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately
relieved by the Proposer from performing the Services. Any interference with, or any abusive or
threatening conduct toward any City representative, City assistants or inspectors by the Proposer, its
employees or agents, or any member of the public shall be grounds for the City to terminate the contract
and re-let the Services. The Proposer shall furnish all labor, materials, supplies and equipment necessary
to properly maintain all Services areas where Services are conducted in an acceptable and safe condition.
B. Proposer agrees that it or its officers, if a corporation or other legal entity, shall be held fully responsible,
except as otherwise prohibited by law, for all acts of their employees while in their employ.
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32. OTHER GOVERNMENTAL ENTITIES
If a Proposer is awarded a contract as a result of this RFP, Proposer will, if Proposer has sufficient capacity or
quantities available, provide to other governmental agencies, so requesting, the products or services awarded in
accordance with the terms and conditions of the RFP and resulting contract.
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33. UNBALANCED PROPOSAL PRICING
When a unit price proposed has variable or estimated quantities, and the Proposal shows evidence of
unbalanced Proposal pricing, such Proposal may be rejected.
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34. INFORMATION REQUESTS AFTER DUE DATE
Pursuant to Florida Statutes Section 119.071 sealed Proposals or Proposals received by an agency pursuant to
Invitations to Proposal or requests for Proposals are exempt from the provisions of subsection (1) and s. 24(a),
Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision
pursuant to Florida Statutes §119.071(1) (b) (2), or within 30 days after Proposal/Proposal opening, whichever is
earlier.
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35. BUDGETARY CONSTRAINT
In the event the City is required to reduce contract costs due to budgetary constraints, all Services specified in
this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost
for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-
day notice prior to any such reduction in budget.
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36. CONTINGENT FEES PROHIBITED
The Proposer must warrant that it has not employed or retained a company or person, other than a bona fide
employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and
that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide
employee, contractor or sub-contractor, working in its employ, any fee, commission, percentage, gift or other
consideration contingent upon or resulting from the award or making of a contract with the City.
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37. CONE OF SILENCE
37.1 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 (“ITB”) or bid, between: a potential vendor, service
provider, proposer, bidder, lobbyist, or consultant, and: a City Commission member, City’s professional staff
including, but not limited to, the City Manager and her staff, or any member of the City’s Evaluation Committee.
37.2 Restriction; Notice
A Cone of Silence shall be imposed upon this RFP upon the advertisement of the RFP. 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 the 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.
37.3 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 her 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.
37.4 Exceptions to Applicability
The provisions of this section shall not apply to:
o Oral communications at pre-bid conferences;
o Oral presentations before the Evaluation Committee;
o Public presentations made to the City Commission members during any duly noticed public
meeting;
o Communications regarding the RFP between a potential vendor, service provider, proposer, bidder,
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 RFP, provided the
communication is limited strictly to matters of process or procedure already contained in the
corresponding solicitation document;
o Communications with the City Attorney and her staff;
o Duly noticed site visits to determine the competency of a Proposer regarding the ITB during the time
period between the opening of Proposals and the time the City Manager makes a written
recommendation;
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o Any emergency procurement of goods or services pursuant to City Code;
o Responses to the City’s request for clarification or additional information;
o Contract negotiations during any duly noticed public meeting;
o 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,
proposer, bidder, lobbyist, or consultant and any member of the City’s professional staff including,
but not limited to, the City Manager and staff are in writing or are made at a duly noticed public
meeting.
37.5 Penalties
Violation of this section by a particular Proposer shall render any ITB award or contract to the Proposer voidable
by the City Commission or City Manager. Any person who violates a provision of this section may be prohibited
from serving on a City selection or evaluation committee. In addition to any other penalty provided in this ITB,
violation of any provision of this section by a City employee may subject the employee to disciplinary action.
Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
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38. SPECIAL CONDITIONS
38.1 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 Monday, September 1, 2025 at 3:00 pm. Questions received after this
time will not be addressed.
B. 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.
C. The Bidder, prior to submitting a bid, shall acknowledge any Addendum or Addenda issued by the City
for this Project.
D. 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.
E. Proposers shall use the Bid Document Forms furnished in the RFP.
F. In the event of a mathematical error in the extension of any unit price, or addition of total price, the unit
price shall prevail.
G. Insurance Coverage: Bidders who are responding to the Request for Proposal (“RFP”) 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.
38.2 QUALIFICATION OF PROPOSERS
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.
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4. The submittal of more than one Bid from an individual, firm, partnership, corporation or association
under the same or different names. All such parties shall be disqualified.
5. Untimely bids shall be automatically and absolutely disqualified and returned unopened. Excuses for
the untimely submittal shall not be accepted. The time of bid receipt documented by the City Clerk’s
office shall determine the timeliness of the Bid.
D. Non-responsible Bidder: A Bidder may be determined by the Owner to be “non-responsible” once Bids
are opened, and a Bid may be rejected for any one or more of (but not limited to) the following reasons:
Determination of a lack of competency as may be revealed by qualification statements, financial
statements, experience records or other information disclosed to Owner by other sources.
The Bidder's uncompleted or pending workload on other projects, which in the judgment of the Owner
may cause detrimental impact on timely completion of the Work.
The appearance of an unbalanced Bid, as determined by the Owner.
If the Bidder makes one or more false statements or provides false information in connection with any
portion of the bidding documents.
If the Bidder fails to demonstrate successful performance and completion of projects of a similar
magnitude, scope or value as this project.
E. Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may be rejected for
any of, but not limited to, the following reasons:
1. If the Bidder fails to submit a complete Bid, including but not limited to, submitting evidence of all
insurance coverages required by the Bid and the Contract Documents.
2. If the Bidder fails in any way to abide by any of the provisions of the Contract Documents.
38.3 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
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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.
38.4 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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39. PROPOSER SUBMISSIONS
1 PROPOSER QUALIFICATIONS
Note: Information requested in the RFP and submitted by Proposers 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 Please upload your cost proposal here. *
*Response required
1.2 Please upload your proposal response here. *
This should include all items outlined in Section 7 Proposal Requirements.
*Response required
1.3 Authorized representative contact information?*
Please include the name, title, phone and email of the authorized representative
*Response required
1.4 Entity type?*
☐ Corporation
☐ Partnership
☐ Individual
☐ Other (specify below)
*Response required
1.5 If you selected other please specify:
1.6 If you selected corporation please enter date of incorporation and state in which incorporated:
1.7 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
1.8 Please include the name and title of Principal Officers and the date they were elected:*
*Response required
1.9 How many years has your organization been in business?*
Enter years
*Response required
1.10 The length of time (continuous) in business in Florida:*
Enter years
*Response required
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1.11 Please upload a copy of a county or municipal Business Tax Receipt*
*Response required
1.12 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
1.13 Have you ever failed to complete any work awarded to you?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.13.1 If yes, please explain below*
*Response required
1.14 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"
1.14.1 If yes, please explain below*
*Response required
1.15 Within the last five years, have you ever had a performance, payment or bid bond called?*
☐ Yes
☐ No
*Response required
When equals "Yes"
1.15.1 If yes, please explain below*
*Response required
1.16 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"
1.16.1 If yes, please explain below*
*Response required
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1.17 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
When equals "Yes"
1.17.1 If yes, please explain below*
*Response required
1.18 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"
1.18.1 If yes, please explain below*
*Response required
1.19 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"
1.19.1 If yes, please explain below*
*Response required
1.20 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"
1.20.1 If yes, please explain below*
*Response required
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1.21 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"
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
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"
1.22.1 If yes, please explain below*
*Response required
1.23 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"
1.23.1 If yes, please explain below*
*Response required
1.24 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"
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1.24.1 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:
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
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2.4 Reference 4*
Please include:
Project Title
Address
Owner & Owner's Telephone Number
Contract Value
Percent Complete and Completion Date
*Response required
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
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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
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
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
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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:
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.
Frost Park Sport Court Conversion Project (Re-issue)
Request For Proposal (“RFP”) No. 25-023
65
• Anti-Human_Trafficking_Exhi...
*Response required
4.4 Public Entity Crimes Form*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
• City_of_Dania_Beach_Florida...
*Response required
4.5 Non Collusion Affidavit*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
• Non_Collusion_Affidavit.pdf
*Response required
4.6 Acknowledgment of Addenda*
Please download the below documents, complete, and upload.
• Acknowledgment_of_Addenda.pdf
*Response required
4.7 Certificate of Accuracy of Proposal*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
• Certification_to_Accuracy_o...
*Response required
4.8 Please upload your company's Certificate of Insurance (COI)*
A general certificate of insurance should be uploaded in this section. If you are selected, you will be required to
provide a corrected certificate of insurance with updated dates and additionally insured.
*Response required
Franky Lazo
Deputy Director of Parks and Recreation - City of Dania Beach
100 W Dania Beach Blvd
Dania Beach, Florida 33004
954-924-6800 X 3730
Date:10/3/2025
PROJECT:FROST PARK - Sports Court Renovations
LOCATION:100 W Dania Beach Blvd Dania Beach Florida 33004
1 BID DOCUMENTS:
1 Site Visit
2 PROJECT DESCRIPTION:
1 Resurface two (2) Tennis Courts, convert one (1) Tennis Court into 6 Pickleball Courts, and one (1) Full Court
Basketball Court
3 SCOPE OF WORK
1 Custom Pickleball Courts shall provide the materials, labor, and equipment as required, to perform the following
construction services:
A PERMITTING
1 Pull all necessary permits for this scope of work. Permitting cost / Testing fees/ Inspection fees not included and
will be billed as actual.
Assume 10% of total.
B SITE PREPARATION
1 Remove and Dispose Handball Wall.
2 Remove and Dispose Basketball Hoop Systems.
3 Remove and Dispose Tennis Post Net Systems.
4 Saw Cut 7,686 SF as follows: 2,970 SF on North end, 1,746 on East end, and 2,970 SF on South end.
5 Grading and replacement of 7,686 SF of New Virgin Asphalt.
6 ADA compliant asphalt pathways to provide equestrian access to courts.
CITY OF DANIA BEACH CONSTRUCTION PROPOSAL:
Upon review of the bid documents, for the above referenced project, Custom Pickleball Courts, LLC present the following scope of work and pricing.
C TENNIS COURT RESURFACING
1 Repair cracks up to 1,000 SF (Combined across the entire footprint including basketball and tennis) with Riteway
Crack Repair System.2 Surface the entire court area (approximately 120' x 120') using Laykold (or equivalent) materials with a three-coat
system consisting of one coat of acrylic resurfacer and two coats of colored paint.
3 Layout and stripe the tennis courts to meet USTA standards, install two (2) sets of poles, two (2) tennis nets with
center straps to leave the courts ready for play.
4 City of Dania Beach will choose up to two paint colors for the courts.
CPC not responsible for damage to sod, landscaping, sidewalk, or pavers due to access.
D PICKLEBALL COURT RESURFACING
1 Surface the entire court area (approximately 100' x 110') using Laykold (or equivalent) materials with a three-coat
system consisting of one coats of acrylic resurfacer and two coats of colored paint.
2 Layout and stripe the pickleball courts to meet USA Pickleball standards, provide six (6) sets of poles, six (6)
pickleball nets with center straps to leave the courts ready for play.
3 City of Dania Beach will choose up to two paint colors for the courts.
CPC not responsible for damage to sod, landscaping, sidewalk, or pavers due to access.
E BASKETBALL COURT RESURFACING
1 Surface the entire court area (approximately 50' x 100') using Acrylic materials with a three-coat system consisting
of one coat of acrylic resurfacer and two coats of colored paint.
2 Layout and stripe one (1) basketball court to meet Junior High School Standards, provide two (2) Dominator 724-
AA basketball systems to leave the courts ready for play.
3 City Of Dania Beach will choose up to two paint colors for the courts.
CPC not responsible for damage to sod, landscaping, sidewalk, or pavers due to access.
F FENCING
3 Furnish and install ~310 LF of 4’ galvanized chain link fence to separate courts (Interior Dividers).
3" OD terminal poles, 2 1/2" OD line poles, 1 5/8" OD Top, SCH 40 gauge posts and SCH 20 Gauge Rails x 1 3/4"
galvanized chain link fence mesh with top and bottom rail.
4 Base Contract and Add on Options:
Tennis, Basketball, Pickleball Courts Resurfacing, and Fencing 171,513$
ADD ALTERNATE # 1 - Saw Cut and remove and replace Fencing 10' Chainlink ~ 60 LF 4,488$
NOTE: ALL PRICING OUTLINED IN THIS PROPOSAL IS VALID FOR PROJECTS COMMENCING IN
2025. SHOULD THE PROJECT BEGIN IN 2025 AND EXTEND TO 2026, THE RATES AND MATERIAL
COSTS STATED HEREIN WILL BE HONORED THROUGH COMPLETION. IF THE PROJECT IS
DELAYED AND COMMENCES IN 2026, THE PACKAGE PRICE IS SUBJECT TO A 7% INCREASE TO
ACCOUNT FOR PEOJECTED MATERIAL AND LABOR ADJUSTMENTS.
5 PAYMENT
40% deposit upon proposal acceptance
30% upon asphalt placement
20% upon painting of courts
10% upon completion
Custom Pickleball Courts
4018 N 30th Ave, Hollywood, FL 33020
Office: 954.361.8874 | www.custompickleballcourts.com 2 of 4
6 TERMS AND CONDITIONS
1 This contract is agreed upon by all parties, with any modifications or deviations requiring written approval and
signatures from all parties involved.
2 Work will not commence without a signed proposal and deposit. The quote provided excludes engineering layout,
shop drawings, testing, as-builts, dumpster or disposal fees, or bonding unless otherwise specified in the scope of
work.
3 Custom Pickleball Courts, LLC cannot guarantee elimination of standing water, pre-existing cracks, or defects. The
customer must provide water, electricity, and necessary hookups at no cost to the contractor.
4 Custom Pickleball Courts, LLC is not responsible for damage to irrigation systems, underground utilities, or
surrounding areas during the construction process. The customer is responsible for providing stable access to the
court.
5 Upon job completion, Custom Pickleball Courts, LLC will clean up all debris, materials, and trash. The customer
must provide a wash-down area for equipment and containers. Custom Pickleball Courts, LLC will make efforts to
protect surrounding areas but is not responsible for paint residue or damage to grass in the staging area.
6 Custom Pickleball Courts, LLC is not responsible for damages caused by pedestrians breaking through barricaded
areas, trespassing, or tracking materials.
7 A 2% interest rate per month applies to past-due balances. Deposits are non-refundable upon contract cancellation
by the client.
8 Custom Pickleball Courts, LLC reserves the right to withdraw the proposal before work commencement due to
unforeseen cost increases.
9 Certificates of insurance will be provided upon request before work commencement. Additional mobilization
charges apply for resurfacing/maintenance and paving/grading.
10 This contract serves as a legally binding attachment to any agreement between Custom Pickleball Courts, LLC and
the financially responsible company. Written and signed agreements are required for any deviations or
modifications to the contract.
11 Custom Pickleball Courts, LLC is not responsible for damages to the court area and facilities beyond its control.
The customer has 7 days after project completion to request resolution of punch list items; otherwise, the project is
deemed acceptable, and payment is due as per contract terms.
12 Custom Pickleball Courts, LLC may pass on additional costs via change orders due to inflation, labor shortages, or
material cost increases. Change orders will be issued and disclosed as soon as possible.
13 In case of non-payment, Custom Pickleball Courts, LLC has the right to file a lien against the property. No further
work will be scheduled if installment payments are not made as specified.
14 If necessary, the customer agrees to pay reasonable attorney fees for securing payment according to this agreement.
In the event of litigation, the prevailing party is entitled to collect attorney’s fees and litigation costs from the
opposing party.
15 If disputes arise between the parties, they agree to resolve the issue through mediation or arbitration, with the
mediator or arbitrator chosen by mutual consent. The parties agree that mediation or arbitration shall be binding and
conducted according to the rules and procedures agreed upon by both parties.
16 Interest of 2% per month will be charged on accounts past due.
Custom Pickleball Courts
4018 N 30th Ave, Hollywood, FL 33020
Office: 954.361.8874 | www.custompickleballcourts.com 3 of 4
7 GUARANTEE
1 Custom Pickleball Courts, LLC guarantees workmanship and materials for one (1) year from the date of
completion.
2 The guarantee excludes normal wear and tear, physical abuse, neglect, and any conditions beyond our control, such
as: a. Sub-base settling b. Structural cracks c. Asphalt shrinkage cracks d. Hydrostatic pressure or water vapor
pressure bubbles e. Weed or grass intrusion
3 Existing cracks may reappear at any time.
4 Proper tennis shoes must be worn on the court. The guarantee does not cover damage caused by certain sneakers,
street shoes, dark-soled shoes, skateboards, rollerblades, or other items that may scuff or damage the surface.
5 The guarantee becomes void if the owner fails to comply with the payment schedule.
Sincerely,
Lonny Anger
President
This quote is valid for 30 days.
Should you have any questions regarding our scope of work, please give me a call at 917.213.7676 We look forward to the opportunity of working
with your team in the successful completion of this project.
Custom Pickleball Courts
4018 N 30th Ave, Hollywood, FL 33020
Office: 954.361.8874 | www.custompickleballcourts.com 4 of 4